1. (b) The
MAGAZINE.
This Agreement pertains to publication of the WORKS on the MAGAZINE’s website at www.StygianLepus.com and in a single MAGAZINE relating to the month in which the submission was accepted, (the MAGAZINE).
2. This Agreement is not a transfer of the copyright to the WORKS, and the AUTHOR retains all copyrights in and to the WORKS.
3. Rights Acquired
(a) For any TITLE detailed in clause 1.(a), the AUTHOR grants nonexclusive MAGAZINE Publication Rights and nonexclusive Worldwide Electronic Reprint Rights in the WORKS to the MAGAZINE for inclusion in the MAGAZINE, for publication in the English language worldwide for as long as there is demand for the MAGAZINE.
4. For the rights granted to the MAGAZINE in this Agreement, the AUTHOR shall receive:
(a) one (1) copy of the digital version of the MAGAZINE, to be delivered electronically within thirty (30) days of publication.
(b) five USD ($5 USD) compensation, paid exclusively via PayPal, to be delivered to the following PayPal email address within thirty (30) days of publication:
(c) Print copies may be provided solely at the Publisher’s discretion. No discounted copies will be available.
5. If the MAGAZINE is not published within twelve (12) months of the date of this agreement, all rights hereunder shall immediately revert to the AUTHOR and the AUTHOR has the right to sell or arrange for publication of the above-named WORKS in any manner.
6. Arising under and terminating with the grant of rights to the WORKS in this Agreement, the AUTHOR grants MAGAZINE the right to use the AUTHOR’s name, image, likeness, and biographical material for all advertising, promotion, and other use of the WORKS. Upon request, the AUTHOR shall provide the MAGAZINE with a photograph of the AUTHOR, appropriate biographical material, and a summary of each TITLE for such use. The MAGAZINE shall use only the AUTHOR’s name, image, likeness, and biographical material provided and approved by the AUTHOR.
7. The AUTHOR represents and warrants that he/she is the sole author of the WORKS, that the WORKS are original, and that no one has reserved the rights granted in this Agreement. The AUTHOR also represents, to the best of his/her knowledge, that the WORKS contains no matter unlawful in its content, nor does it violate the rights of any third party; that the rights granted in this contract are free and clear; and that the AUTHOR has full power to grant such rights to the MAGAZINE.
8. The AUTHOR will indemnify the MAGAZINE against any loss, injury, or damage finally sustained in a court of law (including any legal costs or expenses and any compensation costs and disbursements paid by the MAGAZINE) incurred by the MAGAZINE in connection with or in consequence of an intentional breach of one or more of the foregoing warranties.
9. The MAGAZINE will make no alterations to the WORKS’ text or title without the AUTHOR’s written approval in email or hardcopy. The AUTHOR will be provided with the MAGAZINE’s proposed version of the WORKS prior to publication and given seven (7) days to review text and return any corrections. The MAGAZINE reserves the right to make copyediting changes to conform the style of the text to the MAGAZINE’s customary form and usage.
10. The volume as a compilation shall be copyrighted in the name of the MAGAZINE and/or the name of the MAGAZINE’s editor. Acknowledgment of the AUTHOR’s copyright shall appear in the MAGAZINE in the AUTHOR’s name or designated PSEUDONYM where supplied in this Agreement.
11. The AUTHOR grants permission for transcription of the Story into Braille, tape, talking, or oversized book, only in case the MAGAZINE is selected for such transcription by a nonprofit organization or an agency of a Government, for use by the handicapped.
12. Regardless of its place of execution, this agreement shall be interpreted under the laws of the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the Victorian courts in respect of all matters relating to this agreement.
13. The parties agree that any suit, action, or proceeding, whether claim or counterclaim, brought or instituted by either party relating to the subject matter of this Agreement, shall be tried only by a court and not by a jury. The parties to this agreement expressly waive any right to a trial by jury in any such action or proceeding.
14. The MAGAZINE may not assign or in any way transfer this contract or the rights granted by it to another person or entity without the written permission of the AUTHOR.
15. This Agreement constitutes the entire Agreement between the parties and supersedes all prior writings or oral agreements. This Agreement may be amended only by a written agreement clearly setting forth the amendments and signed by both parties.
16. The parties acknowledge that each party has read and understood this contract before execution.
IN WITNESS WHEREOF, the parties have duly executed this agreement:
MAGAZINE
By: Stygian Lepus Magazine
AUTHOR
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