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Submission Agreement:
READ THIS ENTIRE SUBMISSION AGREEMENT BEFORE YOU SUBMIT ANY CONTENT TO THE YELLOWSTONESTORIES.COM WEBSITE (THE "SITE"). WHEN YOU CLICK ON THE "I AGREE" BUTTON, OR WHEN YOU USE ANY OTHER METHOD OF SUBMITTING CONTENT TO THE SITE, YOU ARE AGREEING TO A BINDING LEGAL CONTRACT BETWEEN YOU AND YELLOWSTONESTORIES.COM, LLC ("YELLOWSTONESTORIES.COM") FOR THE PUBLICATION AND USE OF YOUR SUBMISSION. THIS CONTRACT GIVES YOU CERTAIN RIGHTS WITH RESPECT TO THE CONTENT, BUT MAY CREATE FUTURE LIMITATIONS ON HOW YOU CAN USE THE CONTENT, ALONG WITH CERTAIN OBLIGATIONS, INCLUDING YOUR RESPONSIBILITY TO WARRANT AND GUARANTEE THAT THE CONTENT BELONGS TO YOU AND THAT YOU HAVE THE RIGHT SUBMIT IT TO YELLOWSTONESTORIES.COM. You must be at least 18 years old to submit content to the site, except that persons at least 13 years of age and less than 18 may submit content with the advice and permission of their parent or legal guardian. As used in this agreement, the "Content" means the work you are submitting to YellowstoneStories.com, together with any other material that is submitted as part of, in support of, or in association with the Content, including, without limitation, written work, photographs, audio recordings, video recordings, and biographical or explanatory information. 1. You Agree to Provide a License to YellowstoneStories.com for the Content. You agree that you grant to YellowstoneStories.com a perpetual, irrevocable, non-exclusive license to the Content (“License”) without cost or royalty to YellowstoneStories.com. This License allows YellowstoneStories.com to publish and display the Content on the Site, on all future evolutions and permutations of the Site, on any associated, affiliated or successor sites, and in any medium or context that is related to promoting or publicizing the Site. It also allows YellowstoneStories.com to use the content for the site's internal business purposes. The License grants YellowstoneStories.com the discretion to make minor editorial changes and corrections to the Content; it allows the Content to be adapted for future technologies, and translated for different languages and cultures. A Basic Site license also allows the Content (or any part of it) to be included in printed and electronic publications created, marketed and sold by YellowstoneStories.com to its members and others. By itself alone, the License does not allow YellowstoneStories.com to sublicense the content to third parties for profit. You grant to YellowstoneStories.com the right to use certain information about yourself in connection with the Content to which they apply, including your name, pen name, persona name, and other profile information, as long as you have made this information publicly available on the site at any time in connection with the licensed Content. You recognize that this information may be used in the exhibition, broadcast, distribution, advertising or promotion of the Content and the Site, and any contests offered through the Site. You grant to YellowstoneStories.com the right to preserve the Content for future posterity by sublicensing any of YellowstoneStories.com's rights in the Content to one or more third-party conservation organizations. You also agree that YellowstoneStories.com has no obligation to publish, use, keep or return any Content and that YellowstoneStories.com may remove any content from the Site at any time and in its sole discretion. By granting the License, you recognize that you may not be able to edit, withdraw, or remove the Content from the Site, except according to the policies of YellowstoneStories.com and with its express permission. The License is worldwide and without geographical limitation. 2. You Retain Copyright Ownership of the Content and other Rights. YellowstoneStories.com does not claim ownership of any Content you publish on the Site. You retain all ownership of and copyright to the Content, subject to the License you grant according to this Agreement. You agree that YellowstoneStories.com may register copyright in your name, and that you will cooperate fully in this registration. You may independently market and sell the Content to third parties and you may create modified or derivative versions of the Content with no obligation or payment to YellowstoneStories.com. A "modified or derivative version" is defined as a work that incorporates any significant part of the original Content, or is similar to or derived from any significant part of the original Content with the exception that a printed book, calendar or other collection in which the Content makes up only a single, discrete part among many such discrete parts shall not be considered a modified or derivative work for the purposes of this agreement. 3. Representation of Ownership and Warranties. You represent and warrant that (a) the Content is original to you and that you are the owner of all right, title and interest in the Content and can grant the rights you have granted here with respect to such Content, (b) you have the unconditional right to submit the Content to YellowstoneStories.com according to this agreement and that, to the best of your knowledge and belief, the Content and its use as provided for in this agreement do not infringe upon any law or regulation, or the rights of any third party, including intellectual property rights, rights of privacy and rights of publicity, (c) the Content does not contain any malware, software, or other computer programming routines that are intended to detrimentally interfere with any computer system publishing system, or data, (d) all statements that you assert as fact are true and accurate, and (e) all Content complies fully with all submission rules. You acknowledge that it is your sole responsibility to obtain all permissions and releases necessary to grant the licenses contained in this Agreement. 4. Waiver and Release. By submitting the content, you release YellowstoneStories.com from any and all liability, and waive the right to make any claim against YellowstoneStories.com arising our of or relating to the Content or the use of your name, pen name, persona name, image, and other profile information, including, but not limited to, claims of infringement, unfair competition, breach of implied contract, breach of confidentiality, and violation of the right of privacy or rights of publicity. You agree to execute any documents that YellowstoneStories.com may reasonably request to confirm its right to use the content as described in this agreement. 5. Indemnity. You hereby agree to defend, indemnify, and hold harmless YellowstoneStories.com and its subsidiaries, affiliates, successors and assigns from and against any and all claims, demands expenses, losses or liabilities, including reasonable attorney's fees and any damages arising in connection with the Content, or any use of the Content, including those arising from any breach or alleged breach of the warranties, representations and promises provided by you in this Agreement. 6. Purpose of Content Submission. You acknowledge and agree that the Content you are submitting represents a true life story, and is intended to be shared publicly. You acknowledge that all Content is intended and appropriate for publication and public display and that the Content will not be treated as confidential. 7. Miscellaneous. This agreement embodies the parties' entire agreement and supersedes any prior agreement of any form with respect to the Content. No modification, deletion, or amendment of any provision is binding unless signed in writing by each party. This agreement will be construed and interpreted according to the laws of the State of Montana, and any dispute shall be heard under the jurisdiction of the state and federal courts located in the State of Montana with venue in Missoula County. All of the covenants, terms, provisions and agreements contained in this agreement will benefit and be binding upon both parties, their heirs, legal representatives, successors and assigns. If any court of competent jurisdiction finds any portion of this agreement to be unenforceable, then the remainder of the Agreement will be enforced to the maximum extent permissible, and in such a way as to best preserve the intent of both parties. A waiver of any provision of this Agreement by a party shall not be construed as a waiver of the entire Agreement, and each provision hereof which, by its nature, should survive any termination of this Agreement shall so survive. I AGREE. I am at least 18 years old, and I have read and agree to all of the terms and conditions of this Submission Agreement. By clicking this box I am acknowledging that I have read the YellowstoneStories.com Submission Agreement and I agree to all of its terms and conditions.