IMPORTANT – READ CAREFULLY: This Click-Wrap License Agreement (hereinafter “Agreement”) is a legal contract between you (either an individual author or authors or an owner or owners of a work of authorship, hereinafter referred to as “Licensor”) and A Million God Stories Inc., (hereinafter referred to as “Licensee”), regarding material submitted by Licensor to Licensee herewith, including but not limited to any written work of authorship, any artwork, and any photograph submitted by Licensor, as well as any photograph taken by Licensee or at Licensee’s request with the permission of Licensor for the purpose of publication by Licensee (collectively hereinafter referred to as the “Material”), said Agreement effective as of the date upon which the “ACCEPT” button is clicked below.
BY CLICKING THE “ACCEPT” BUTTON BELOW, OR BY SUBMITTING ANY MATERIAL THE LICENSEE IN ANY MANNER, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE “ACCEPT” BUTTON AND DO NOT SUBMIT ANY MATERIAL TO THE LICENSEE.
1. LICENSE TERMS
a. Grant of License. Licensor hereby grants to Licensee, pursuant to the terms and conditions of this Agreement, a nonexclusive, irrevocable, royalty-free license (hereinafter “License”) to use the Material as outlined in the Agreement.
b. Authorized Use. Licensee shall be authorized to reproduce and publish the Material in any media, including but not limited to electronic media on the website www.amilliongodstories.com, and in print media, either alone or in combination with other works of authorship in a collective work (said collective work hereinafter referred to as the “Work”).
c. Modification of the Work. Licensee shall be allowed to make non-substantive modifications to the Material prior to publication, including but not limited to formatting, grammatical, spelling, and punctuation modifications. Licensee shall present any modifications of the Material to Licensor for inspection prior to publication.
d. Term of License. The license granted here is perpetual (for the duration of the applicable copyright in the Material).
e. Likeness of Licensor. Licensor grants permission to Licensee to publish any photograph, artwork, or other physical representation depicting the Licensor in association with Licensee’s use of the Material.
2. LICENSOR'S RIGHTS AND OBLIGATIONS
a. Licensor Warranty. Licensor warrants and represents that it owns all right, title and interest in and to the Material; that it has the full right, power and authority to enter into this Agreement and to grant the rights granted herein; that it has not previously exclusively licensed the right to reproduce or publish the Material to any third party; and that Licensee's use of the Material in accordance with this Agreement will not violate any rights of any kind or nature whatsoever of any third party.
b. Licensor Interest in the Material. Licensor reserves unto itself all rights of every kind and nature not expressly and explicitly granted to Licensee in this Agreement, including but not limited to ownership of the copyright in the Material and Licensor’s right to license the Material to any third party.
3. LICENSEE'S RIGHTS AND OBLIGATIONS
Licensee shall be the sole owner of the Work and all proprietary rights in and to the Work; except, such ownership shall not include ownership of the copyright in and to the Material or any other rights to the Material not specifically granted in the Agreement. Any and all revenue and profit generated from reproduction or publication of the Material by Licensee, either alone or as part of the Work, shall belong exclusively to Licensee.
Licensor shall indemnify and hold harmless Licensee, its successors, assigns and licensees, and the respective officers, directors, agents and employees, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fee), arising out of or in any way connected with any breach of any representation or warranty made by Licensor herein.
5. GENERAL PROVISIONS
a. Successors/Assigns. This Agreement is binding upon and shall inure to the benefit of the respective successors and/or assigns of the parties hereto.
b. Governing Law/Venue/Jurisdiction. This Agreement shall be governed by and construed under the laws of the Commonwealth of Kentucky, without regard to choice of law provisions. Venue and jurisdiction shall be proper only in the Commonwealth of Kentucky and each party hereby consents to such exclusive and personal jurisdiction and venue.
c. Complete Agreement. The parties agree that this Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to the subject matter.
d. Read and Understood. Licensor hereby acknowledges that it has read and understands this Agreement and agrees to be bound by its terms.