Terms & Conditions of the Mindflixmedia Blog Contributor Program
Terms & Conditions of the Mindflixmedia Blog Contributor Program
Last Updated: February 13, 2021
These are the terms and conditions (the “Agreement”) relates to the Mindflixmedia Blog Contributors Program (“the Program”), www.Mindflixmedia.com, Mindflixmedia Inc., all its associated websites and social media sites and any of its print and online publications (collectively referred to as “Mindflixmedia”). The Agreement is a legally binding contract between Mindflixmedia Inc. (hereinafter referred to as “we” “our” or “us’) and anyone who submits an application to the Program (“you” or “your”), as a freelancer, a blogger or a contributor of Content (as defined below), entered into by each party in consideration of the other’s obligations under this Agreement.
The Program is offered and available to users who are 18 years of age or older. By submitting your application, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet this requirement, you must not apply to the Program or contribute Content to the Program. We may, in our sole discretion, change or discontinue any or all aspects of the program at any time, without notice, and without liability to you.
Scope of Agreement
This Agreement governs any Content that you provide to us now or in the future for publication on the Mindflixmedia Blog, including but not limited to any articles, content, personal information, images, text, photographs, graphics, video or audio in any format or other materials. We reserve the right to publish or not publish any Content you submit.
In consideration of the opportunity to take part in the Program and for other good and valuable consideration, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, perpetual, worldwide, royalty-free license to modify, alter, publish, reproduce, modify, adapt, license, sublicense, distribute, sell, perform, translate in any language, display and otherwise use and exploit the Content (including any drawings, images, sounds, video recordings, or other data embedded in your Content and including adaptations or derivative works based on your Content) for any purpose, whether alone or incorporate in or in conjunction with other works in all media whether known or hereafter devised including but not limited to print, in promotional material, in presentation of the work on internet and social media, use for academic purposes, oral and visual presentation to the public and exhibition (the “Rights”). All Rights granted to us pursuant to this Agreement are irrevocable and vest immediately upon publication of your Content on the Mindflixmedia Blog. You retain ownership of the copyright in your Content, subject to the rights granted to us in this Agreement. If you decide to republish your Content elsewhere, you agree to include the following disclosure: “This article was originally published by the Mindflixmedia Blog at https://blog.Mindflixmedia.com.”
Content must in their entirety comply with all applicable country, local, and international laws and regulations. Without limiting the foregoing, Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Have been previously published on any other blog.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You represent and warrant to us that:
- You own or control all rights in and to the Content and have the full authority to enter into this Agreement and grant the Rights granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- You have complied with and will comply with all the terms and conditions of any agreement which governs the use of Content provided by third parties;
- Mindflixmedia will not need to obtain licenses from any third party or pay royalties to any third party with respect to the Content.
- Content does not infringe the copyright or any other third party rights.
- The use of the Content does not infringe any third party rights, including but not limited to intellectual property rights, any right of confidentiality or privacy rights and does not contain any obscene, or defamatory matter, and its exploitation shall not violate any court order, law or regulation.
- Content does not contain any viruses, worms, malware or other harmful or destructive material.
- You are 18 years of age or older and have provided us with your real name and email address on our submissions form.
- You will comply with all the applicable laws and regulations as relates to the Content and the terms of this Agreement.
No Confidential Relationship
We do not wish to receive or hold any materials from you in confidence. Therefore, you agree that no confidential relationship or obligation of secrecy is established between you and us with respect to your Content. You irrevocably agree not to assert any claim of idea appropriation, misappropriation, or any other similar claims of any kind with respect to your Content.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post Content for any or no reason in our sole discretion.
- Take any action with respect to Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the terms of this Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Mindflixmedia Blog or the public, or could create liability for Mindflixmedia.
- Disclose your identity or other information about you to any third party who claims that the Content violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of the contributor of the Content.
YOU WAIVE AND HOLD HARMLESS MINDFLIXMEDIA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MINDFLIXMEDIA OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER MINDFLIXMEDIA/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Public Availability of Content
You understand that the Mindflixmedia Blog receives significant traffic and is accessible to anyone on the Internet. Anything posted on the Mindflixmedia Blog will be available to anyone on the Internet. You are solely responsible for any legal or other repercussions that occur as a result of your Content posted on the Mindflixmedia Blog. We assume no responsibility or liability which may arise from your Content. We are under no obligation to modify or delete your Content once it is posted on the Mindflixmedia Blog, including any images, written work, personal information, or social media profiles provided by you, but reserve the right to modify or delete your Content in our sole discretion.
For the purpose of this Agreement and compliance with applicable procedures, laws and regulations, we and where relevant our duly authorized employees, agents, advisors and representatives, will need to collect, store and otherwise process your personal information and data.
We do not publish any anonymous Content and we do not accept any submissions without the profile image and author bio description provided in the application form of the Program. By submitting your profile image and bio description, we reserve the right to publicly display and use this information anywhere on the websites of Mindflixmedia.
If the Mindflixmedia Blog contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Mindflixmedia Blog, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Limitations and Disclaimers
We may publish without restriction other content on the same or similar topics as that of your Content. We make no representations, warranties, or promises whatsoever regarding the nature or level of exposure that you or your Content will receive through the Mindflixmedia Blog, and you agree that we have no obligation to you under this Agreement, or under any law, or in equity, in connection with any of your Content that we may use. We are under no obligation to respond to you or communicate any usage of or changes to your Content after your submission or any time in the future.
If you think you should be paid or otherwise compensated for your content, please do not submit it to us through this forum. This forum is intended only for persons who believe they will benefit personally or professionally from publication of their content without compensation. You acknowledge that you are not entitled to compensation or reimbursement of any kind for your content or any of your activities related to your content. You acknowledge that we may benefit commercially from your content, including by attracting advertising to Mindflixmedia, by increasing the value of Mindflixmedia, and in other ways. You further acknowledge that we have no obligation to provide you with any data or analytics or other information that we may obtain or create (including page view data) concerning your Content or Mindflixmedia.
Reservation of Rights
We reserve the right, in our sole discretion, to (a) edit your Content; (b) supplement or co-mingle your Content with our trade names, trademarks, and service marks and with content provided by us or by third parties; (c) remove your Content from Mindflixmedia; and (d) benefit commercially from your Content.
You acknowledge that there is no partnership, joint venture, employment, consulting or other such relationship between you and Mindflixmedia (each a “Party” and together the “Parties”). You agree that you make no claims publicly or to any third party about being a member of our team or a writer in partnership with Mindflixmedia. You have the right to claim yourself to be a Mindflixmedia Blog Contributor and display this on your website or social media profiles so long as your Content is published on our websites.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of Agreement or your use of Mindflixmedia Blog, the Content.
Governing Law and Jurisdiction
All matters relating to the Website and Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Netherlands without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, Agreement shall be instituted exclusively in the Netherlands although we retain the right to bring any suit, action, or proceeding against you for breach of Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
By submitting an application to the Mindflixmedia Blog Contributors Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to the Mindflixmedia Blog Contributors Program. If you are accessing this Agreement on behalf of another individual, by doing so, you represent that you have the legal capacity and authority to bind such individual to this Agreement. You hereby confirm to be 18 years or older in order to apply for the Mindflixmedia Blog Contributors Program.