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Assignment of Copyright and Publishing Rights

Definitions:

• AUTHOR refers to the entities who submit SUBMISSIONS into Halfmyheart.com, and through this process the author claims and warrants that all rights to works in their SUBMISSIONS (primarily text writings and photographs) are of their complete ownership rights and such rights are assignable to Halfmyheart.com.
• PUBLISHER refers to the entity known here as Halfmyheart.com and its duly authorized agents, employees, attorneys, and representatives.
• SUBMISSION referred to above and below, and refers to the written text and attached photographs and all other related materials sent in to Halfmyheart.com by the AUTHOR.

Assignment:

• AUTHOR hereby transfers and assigns to PUBLISHER all of AUTHOR's right, title and interest, including the copyright, in and to SUBMISSION.
• PUBLISHER shall have the exclusive right to sell, license, market, print, publish, reproduce, and otherwise distribute the SUBMISSION, derivative works, translations, and other versions of SUBMISSION.
• PUBLISHER may also sublicense or transfer any or all of these rights, subject only to this agreement.
• AUTHOR retains the right to use the written text and attached photographs contained within SUBMISSION for all other purposes, provided such other purposes are not substantially similar to uses made by the PUBLISHER and such use is not inconsistent with this agreement.

Term & Termination:

• This agreement shall become binding at the time when AUTHOR submits their SUBMISSION to PUBLISHER.
• The term of this agreement shall be coextensive with the copyright of the SUBMISSION and will not be terminated unless agreed upon by PUBLISHER.

Delivery & Acceptance:

• By submitting their SUBMISSION to Halfmyheart.com, AUTHOR agrees to and executes this said publishing agreement.
• AUTHOR further agrees to make any necessary modifications which PUBLISHER (in PUBLISHER's sole discretion) believes is necessary to correct any deficiencies in or to improve the SUBMISSION.

Warranties:

• AUTHOR warrants that:
  • SUBMISSION is original and that AUTHOR is the sole owner thereof and has the right to execute this agreement;
  • SUBMISSION is not in the public domain;
  • SUBMISSION does not infringe upon the copyright of any others.
• AUTHOR agrees to indemnify and hold PUBLISHER harmless from any liability or damages, including reasonable attorney fees, in connection with any claim or action inconsistent with or arising out of the breach of any of the warranties, representations, or obligations contained in this agreement.

Non-Disclosure of Proprietary Information:

• Certain information and materials used and made available to AUTHOR constitute proprietary information and trade secrets of PUBLISHER.
• AUTHOR shall use AUTHOR's best efforts to insure the confidentiality of all such materials and information.
• AUTHOR warrants that AUTHOR will not disclose, use, modify, copy, or reproduce SUBMISSION or any of the related information or materials except in accordance with this agreement or after first obtaining the written permission of PUBLISHER.
• AUTHOR specifically agrees to prevent AUTHOR's employees, agents, attorneys, and representatives from disclosing such proprietary information and shall hold PUBLISHER harmless and protect and indemnify same in the event of an disclosure by said persons.

Enhancements:

• AUTHOR agrees to and hereby does assign all revisions, new versions, and derivative works of SUBMISSION to PUBLISHER, except that such revisions, new versions, and derivative works shall when used by PUBLISHER, be considered as SUBMISSION herein and shall be subject hereto.
• AUTHOR specifically acknowledges that all such revisions, new versions, and derivative works shall also become the exclusive property of PUBLISHER.
• AUTHOR is under no obligation to create such revisions, new versions, and derivative works unless otherwise specified.
• PUBLISHER also maintains the right to make small modifications to the SUBMISSION as long as applied modifications do not severely impact the spirit of the content.

Miscellaneous:

• Should either party to this agreement be required to engage an attorney to enforce any provision herein, or bring an action for the breach hereof, then in addition to any damages or other relief recovered or obtained, the prevailing shall also be entitled to recover reasonable attorney's fees.
• This agreement shall be construed according to the laws of the State of Kansas, without regard to the choice of law provisions of that state, and all actions, regardless of the form or nature of such, to enforce this agreement or for the breach of same shall be brought within one (1) year from the occurrence of the grounds for such action in Kansas.
• AUTHOR is not entitled to receive compensation of any type (money or other valuable property), known as fees or royalties, for submitting said SUBMISSION and/or revisions, derivative works, new versions, and all subsequent material relating to SUBMISSION.
• This agreement represents the entire agreement between the parties and supersedes any prior agreements and understandings, and shall not be modified except in writing, signed by both parties.

I have read and agree to the terms and conditions