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A. Interlude Press, is a division of Chicago Review Press, with a principal place of business at Chicago, IL. (“Interlude”)
B. A “Submission” is any work emailed to Interlude Press at email@example.com, whether in textual, artistic, multimedia or other format.
C. “Submitting” and “Submit” mean providing a Submission to Interlude Press
D. “You” are the writer or co-writer of a Submission.
By providing a Submission pursuant to the process detailed at interludepress.com, You agree to the terms, conditions and policies (the “Terms”) included herein. If you do not agree to any of the Terms, please do not Submit a Submission. Any content that You Submit via any method other than that which is detailed herein will not be considered or reviewed, but the terms and conditions herein are still binding on You.
USER SUBMISSIONS PROCESS
A. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use needed pursuant to your User Submission, including but not limited to privileges you hold pursuant to Fair Use and laws regarding transformative works in the country or jurisdiction where you reside, except that if you include song lyrics, poems or brief quotations from other works that are not in the public domain in the United States (the “Quoted Works”) you do not represent that you have the license, right, consent or permission to use any of the Quoted Works that you identify in your Submission as not owned by You.
B. For clarity, You retain all of your ownership rights in your User Submissions. However, so we can properly and fully evaluate your Submission, You and any co-writers of the Submission hereby grant Interlude and its designated staff, for the sole purpose of Interlude’s evaluation of your Submission, a worldwide, non-exclusive, royalty-free license to reproduce, modify, tag, cache, index and host the Submission(s).
C. In connection with User Submissions, you further agree that you will not submit material that is (a) protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Interlude all of the license rights granted herein and/or (b) copyrighted by a third party except as provided pursuant to copyright laws of the jurisdiction and/or country in which you live including but not limited to Fair Use and transformative works laws.
D. We ask that Your Submission not contain content that is: unlawful, threatening, abusive or harassing of individuals or groups, tortious, defamatory, invasive of another’s privacy, or offensive or demeaning to the gender, gender identity, sex, race, ethnicity, national origin, religion or sexual orientation of another.
E. Indemnity: You agree to defend, indemnify and hold harmless Interlude, its parent corporation, officers, directors, employees, consultants, contractors and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: any claim that one of Your Submissions caused damage to a third party. This defense and indemnification obligation will survive in perpetuity.
F. Releases and Contracts: If Interlude determines that it wishes to publish Your Submission, Interlude will contact You regarding a declaration of Consent and Release form (the “Release”) indicating that You (a) complied and agrees to comply with these Policies; (b) will keep his/her acceptance notification confidential until notified by Interlude; © releases Interlude, its agents, employees, contractors and any other parties to be added to the Release in Interlude’s sole discretion (the “Released Parties”) from any and all liability arising from his/her Submission and the publication process; (d) except where prohibited by law, acknowledges Interlude’s and its authorized representatives’ right to publish and/or broadcast Your name and a summary of your Submission that has been pursuant to compensation and/or consideration to be then determined and disclosed. The wording of the Release will be determined by Sponsor, in its sole discretion. Sponsor may also add such other terms and conditions to the Release as Sponsor, in its sole discretion, may deem necessary. You must return the Release by the date indicated on the document. If the Release is not returned on time or is returned as non-deliverable, or if You are disqualified for any other reason, Interlude reserves the right to withdraw and/or terminate any offer made to You and your Submission will not be published. Interlude reserves the right to edit and/or modify your Submission and/or biography for publication. All federal, provincial, state or other taxes that may apply are the sole responsibility of You.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 18 if you are a resident of the United States or Canada, and above the age of majority in your domicile if you are a resident of a different country.
You agree that Interlude’s website shall be deemed a passive website that does not give rise to personal jurisdiction over Interlude, either specific or general. These Terms of Service, together with the Privacy Notice at interlude.com/privacy-policy and any other legal notices published by Interlude on the Website, shall constitute the entire agreement between you and Interlude concerning your use of Interlude and its services and/or content. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Interlude’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Interlude reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. You agree that, regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Interlude services or the ToU must be filed within one (1) year after such claim or cause of action arose or be forever barred. In the event that either party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of any Act of God, strike, fire, flood, governmental acts, orders or restrictions, system malfunctions or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non performing party (a Force Majeure Event), the party who has been so affected shall give timely notice to the other party and shall use its reasonable best efforts to resume performance. Failure to meet due dates resulting from a Force Majeure Event shall extend such due dates for a reasonable period. However, if the period of nonperformance exceeds 30 (thirty) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been affected may, by giving written notice, terminate this Agreement effective immediately upon such notice or at such later date as is therein specified. In the event of any dispute regarding this Agreement or the Interlude services, you agree that such dispute shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in New York City, NY, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
Although we may attempt to notify site users when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (interludepress.com/terms-and-conditions). Interlude may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions by your continuing use of the Interlude Services including allowing Interlude to host your User Submissions as defined herein. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.