EFFECTIVE DATE: June 15th, 2020
UPDATED: October 16th, 2020
THANK YOU FOR YOUR INTEREST IN CONTRIBUTING CONTENT TO US. WE ARE LOOKING FORWARD TO RECEIVING YOUR SUBMISSION. BUT BEFORE GETTING STARTED, PLEASE MAKE SURE YOU FULLY UNDERSTAND THE CONDITIONS THAT APPLY ONCE YOU SUBMIT ANY CONTENT TO US. READ THIS SUBMISSION AGREEMENT (“AGREEMENT”) CAREFULLY AND CONTACT US IF YOU HAVE ANY QUESTIONS. BY SUBMITTING ANY CONTENT TO US, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND AGREE THAT ALL INFORMATION IN YOUR SUBMISSION WILL BE TRANSFERRED TO THE U.S. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT UPLOAD OR SUBMIT ANY CONTENT TO RETAILIST MAGAZINE.
Content submissions through any of our web or media sites such as Retailist Magazine (https://www.retailistmag.com/) or via direct contact with any of our editors are governed by this Agreement. “Content” means any articles, images, text, or other materials that you submit to us for consideration for publication on any Retailist site or social media profile. We reserve the right to publish or not publish any Content you submit. We may also publish without restriction other material on the same or similar topic as your Content.
- Who may submit Content.You may submit Content to us if you: (1) You are at least 18 years of age; (2) can form a binding contract with us, (3) submit your Content in compliance with this Agreement and all applicable laws; and (4) are not on a list of persons barred from doing business under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction. If you are submitting Content on behalf of your company, organization, or government agency, you represent that you have the right and authority to legally bind your organization to this Agreement.
- Licenses. You acknowledge and agree that access to the Retailist Magazine Site as a platform for expression and potential exposure to Retailist Site readers is valuable consideration. In exchange for this value you grant us the following licenses. (1) By submitting your Content to us, you grant us a non-exclusive, perpetual, worldwide, royalty-free, transferable, irrevocable license to use, publish, reproduce, modify, adapt, license, sublicense, distribute (and permit re-distribution of), sell, perform, translate, and display your Content (including any biographical information, 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, in any language, and in any manner or medium – whether now existing or developed in the future (the “Rights”). These Rights include the right to share your Content under Creative Commons: CC BY-ND 4.0; and are irrevocable and vest as soon as any of your Content is published on a Retailist Magazine Site. 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 the Retailist Magazine Site, and (d) benefit commercially from your Content. You revoke your right to republish your Content elsewhere. (2) By submitting ideas, comments, recommendations or other feedback (“Suggestions”) to us, you grant us the right to use or transfer the Suggestions without restriction or compensation.
- Your Commitments to Us. You represent and warrant to us that (1) you are 18 years of age or older and have provided us with your real name and email address on our submissions form; (2) your Content is an original work created by you that has not been published elsewhere; (3) you own the copyright in your Content; (4) your Content does not contain any express or implied statements of fact that are untrue, false, or misleading; (5) your Content does not infringe the copyrights, trademarks, privacy, publicity or other rights of any third party; (6) your Content does not contain any viruses, worms, malware or other harmful or destructive material; and (7) your Content does not contain any defamatory, libelous, obscene, pornographic, threatening, abusive, harassing, or similarly unlawful material. You understand that the Retailist Magazine Site receives significant traffic and is accessible 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 Retailist Magazine Site. You will indemnify and hold us harmless against any damages sustained or expenses incurred (including reasonable attorneys’ fees) in connection with any claim, action or proceeding based on an actual or alleged violation of these representations and warranties.
- No Compensation. YOU WILL NOT BE PAID FOR YOUR CONTENT. IF YOU THINK YOU SHOULD BE PAID OR OTHERWISE COMPENSATED FOR YOUR CONTENT, DO NOT SUBMIT IT TO US. 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 AND THAT WE MAY BENEFIT COMMERCIALLY FROM YOUR CONTENT, INCLUDING BY ATTRACTING ADVERTISING TO THE RETAILIST MAGAZINE SITE, BY INCREASING THE VALUE OF THE RETAILIST MAGAZINE SITE, 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, BUT NOT LIMITED TO, PAGE VIEW DATA) CONCERNING YOUR CONTENT ON THE RETAILIST MAGAZINE SITE.
- Take Down Policy. We are under no obligation to modify or delete your Content once it is posted on the Retailist Magazine Site, but reserve the right to do so in our sole discretion. In addition, you acknowledge and agree that Retailist Magazine reserves the right to remove your Content from the Retailist Magazine Site if it receives notification claiming that your Content may have violated another person’s intellectual property rights.
- No Warranty. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR SUBMISSION OF ANY CONTENT IS AT YOUR OWN DISCRETION AND SOLE RISK. RETAILIST MAGAZINE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “RETAILIST MAGAZINE” FOR PURPOSES OF THIS SECTION 7 AND 8) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, RETAILIST MAGAZINE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES THAT HELP US WITH THE RETAILIST MAGAZINE SITE.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL RETAILIST MAGAZINE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INDIRECT DAMAGES OR FOR LOST PROFITS OR ANTICIPATED PROFITS, LOST INCOME OR REVENUE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, COST OF SUBSTITUTE GOODS, OR BUSINESS INTERRUPTION, WHETHER OR NOT RETAILIST MAGAZINE WAS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. In no event shall Retailist Magazine’s total liability to you under this Agreement for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of FIVE dollars ($5.00).
- Changes. Retailist Magazine reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on Content submissions. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your submission of Content will be deemed acceptance thereof.
- Governing Law; Dispute Resolution. The Retailist Magazine Site is managed by Retailist Magazine located in Kings County, New York. You agree that any dispute related to this Agreement will be governed by the laws of the State of New York, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Kings County, New York as the legal forum for any such dispute.
- Miscellaneous. You acknowledge that there is no partnership, joint venture, employment, consulting or other such relationship between you or us (each a “Party” and together the “Parties”). This is the entire agreement between the Parties. The terms of this Agreement are binding upon, and will inure to the benefit of the Parties, including their respective licensees, successors, and assigns. We may assign, license or transfer any or all of the Rights you have granted to us to any other person or entity. Except as expressly provided in this Agreement, there are no third-party beneficiaries to the Agreement.If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions will not be affected or impaired, unless continued enforcement of the provisions frustrates the intent of the Parties. No delay or failure by either Party in exercising any right under this Agreement, and no partial or single exercise of that right, will constitute a waiver of that or any other right. Failure to enforce any right under this Agreement will not be deemed a waiver of future enforcement of that or any other right. All notices to Retailist Magazine relating to this Agreement will be deemed given (1) when delivered personally, and (2) five business days after having been sent via email to this email address (sans brackets): editor [at] retailistmag.com. You consent to receive notices by email and agree that any such notices that Retailist Magazine sends you electronically will satisfy any legal communication requirements. Except as otherwise stated, this Agreement constitutes the entire agreement between us with respect to the Content, Rights and your submission, and supersedes all prior understandings and agreements regarding its subject matter.