|THE SIMON: LEGAL NOTICE||Advanced Search|
Dear Writers and Readers of TheSimon.Com,
The following guidelines and stipulations might look scary.
They even frighten us.
However, we were advised that we need to have this stuff on the site somewhere to protect us from that ONE evil person in the world who decides he is going to start trouble because he’s really bored and is tired of writing computer viruses that spam your email folders and hacking into Amazon or wherever just doesn’t bring that same thrill anymore.
Please do not let the following lengthy and verbose legalese frighten you from writing us a letter or submitting an article.
We’re good people and we don’t bite. We’re not going to take your house away or foreclose on your dog.
Tim Grierson & Russell Brown
•Please submit any writing samples or article ideas to .
•Please submit all writing samples in Microsoft Word format.
•If you send us a submission, you agree to the following:
I hereby request that you read and evaluate the material. I enter into this agreement and submit the material to you with the express understanding and acknowledgement that you accept delivery of the material in express reliance upon this agreement, and that in the absence of such an agreement, you would not accept delivery of, consider or otherwise evaluate or use the material.
In consideration of the aforesaid, and the benefits which may accrue to me under this agreement, we agree as follows:
1. I represent and warrant that I am the sole owner and author of the material (which is completely and totally original with me), and that I have the exclusive right and authority to submit the material to you upon the terms and conditions contained in this agreement. I will indemnify you and hold you harmless of and from any and all claims, damages, costs, expenses, losses or liabilities (including, without limitation, attorneys' fees and costs whether or not litigation is commenced) that may be asserted against you or incurred by you, at any time, in connection with the material, or any use thereof.
2. I agree that any part of the material [which does not constitute legally protectible property] may be used by you without any liability to me, and that nothing in this agreement, nor the fact of my submission of the material to you, nor any negotiations between us that may occur pursuant to Paragraph 4 below, or any other reason shall be deemed to place you in any different position with respect to any portion of the material [which does not constitute protectible property] than anyone else to whom I have not submitted the material.
3. I recognize that you may have access to, may purchase and/or create, or may have purchased or created literary materials and ideas which may be similar or identical to the material in theme, idea, subject, plot, format, setting or other respects. I agree that I will not be entitled to any compensation because of the use by you of any such similar or identical material which may have been independently created by you or may have come to you from any other sources, including your own employees, or if for any reason the material is not legally protectible or owned exclusively by me. I understand that no confidential relationship, express or implied, is established by my submitting the material to you hereunder.
4. If you desire to publish any of the material that is legally protected (provided it has not been obtained by you from another source, or independently created by you), you may elect to negotiate in good faith with me regarding a separate agreement to acquire all of my publication rights in such legally protected material; provided that your election to enter into such negotiations shall not imply, suggest or establish in any way that such material is legally protectible and shall not be an admission by you of any kind or nature. In the event you elect to enter into such negotiations with me but no agreement is concluded between us, or if you elect not to enter into such negotiations with me, then, nevertheless, you may still use the material in connection with any publication of any kind and will own and control all right, title and interest of any kind or nature therein and thereto; provided however, that you agree that if you use as the basis of a story and/or article any legally protectible portion of the material owned by me (provided it has not been obtained by you from another source, or independently created by you) without a separate written agreement between us, you will pay me an amount equal to the compensation normally paid to persons of my stature in the publishing industry as of the date of this agreement to acquire similar material, which may be zero (the "reasonable value"). You understand and acknowledge that payment of reasonable value will only be for actual use of material that is subject to legal protection as the basis of a story and/or article.
5. In the event of any dispute [concerning any alleged use of any legally protectible portions of the material or the amount to be paid therefor, or any other dispute] arising out of or in connection with the material or this agreement, I agree that my sole remedy shall be to commence an arbitration by a single neutral person seeking actual damages [for the reasonable value]. In no event will I be entitled to rescind or terminate this agreement and/or any rights granted to you under this agreement, or to enjoin, restrain or interfere with in any way whatsoever any production or program produced by you, or the distribution and exploitation thereof. If the parties fail to agree upon a single person to arbitrate the dispute within 60 days after one party has elected to arbitrate by written notice, then either side may apply to the Los Angeles Superior Court for the appointment of the sole person to arbitrate the dispute. The hearing shall be conducted in a manner consistent with (but not under the auspices or jurisdiction of) the American Arbitration Association Commercial Arbitration Rules in effect when the hearing takes place and/or such other rules adopted by the person arbitrating the dispute. The award rendered by the neutral person arbitrating the dispute shall be binding upon the parties and judgment may be entered thereon in any court of competent jurisdiction. Each party consents to the jurisdiction of the State and Federal courts in the state of California. The arbitration proceedings shall be kept confidential by the parties.
6. I acknowledge and agree that you may assign or license this agreement and/or all or any of your rights hereunder. I agree that this agreement shall inure to your benefit and the benefit of your heirs, successors, representatives, assigns and licensees.
7. I hereby acknowledge that I have read and understand this agreement, that no oral representations of any kind have been made to me, that I have not relied on any statements or representations outside the text of this agreement, and that this agreement states our entire understanding with reference to the subject matter hereof. Any modification or waiver of any of the provisions of this agreement must be in writing and signed by both of us.
8. Except as may be expressly set forth in this agreement, I hereby release you of and from any and all claims, demands and liabilities of every kind whatsoever, known or unknown, that may arise in relation to any claim that you have used or appropriated the material.
If more than one party signs this agreement as submitter, the reference to "I" or "me" throughout this agreement shall apply to each such party jointly and severally. Should any provision or part of any provision be void or unenforceable, such provision or part thereof shall be deemed omitted, and this agreement with such provision or part thereof omitted shall remain in full force and effect. This agreement shall be construed under, governed by and subject to the laws of the State of California.
•If you send us a letter, we reserve the right to print it. Do not send a letter if you do not want it printed.
•If we publish your work, please do not ask us to change or modify anything after publication. We will not do it. Do not ask.
•If you send us an article, you agree to the following:
You acknowledge that (a) all of the results and proceeds of your services under this agreement are and will be created by you as a "work made for hire" specially ordered or commissioned by Publisher; (b) Publisher shall be deemed the sole author of all such results and proceeds; and (c) Publisher is and shall be the sole and exclusive owner of all rights of every kind and nature in, to and with respect to the Material and your services hereunder and the results and proceeds thereof and that Publisher shall have the right to use, refrain from using, change, modify, add to, subtract from and to exploit, advertise, exhibit and otherwise turn to account any or all of the foregoing in any manner and in any and all media, whether now known or hereafter devised, throughout the world, in perpetuity, in all languages, as Publisher, in Publisher’s sole discretion, shall determine. Publisher hereby assigns to you any and all rights in and to the Material other than perpetual, exclusive print publication rights, in any and all media, whether now known or hereafter devised, throughout the universe, expressly including, without limitation, on-line internet publication in the Magazine. You hereby waive any and all so called "moral rights" of authors. You further agree that in event of a breach of this agreement by Publisher, or for any other reason, you shall not be entitled to rescind this agreement or any of the rights granted to Publisher hereunder, nor shall you be entitled to restrain, enjoin or otherwise impair the exploitation of the Material or any rights therein, and your sole remedy shall be an action at law for damages.
You represent and warrant that: (i) you are free to enter into this agreement and are not subject to any conflicting obligations or any disability which will or might interfere with the execution and performance of this agreement; (ii) that you have not made, and will not make, any grant or assignment which will or might conflict with or impair the complete and quiet enjoyment of Publisher’s rights hereunder; (iii) that all material written hereunder will be written solely by and will be wholly original with you and will not infringe any copyright of any person or entity or, to the best of your knowledge, constitute a libel or slander of any person or entity or infringe upon or violate the right of privacy or any other right of any person or entity.
You agree that you will, upon request, execute, acknowledge and deliver to Publisher such additional documents as Publisher may deem necessary to evidence and effectuate its rights hereunder, and you hereby grant to Publisher the right as attorney-in-fact to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any and all such documents if you shall fail to execute same within five (5) days after so requested by Publisher.
This agreement incorporates such other terms and conditions as are usual and customary in writer agreements of this type in the publishing industry in Los Angeles, California.
•The Simon maintains the right to edit any and all articles and letters.
•The opinions expressed in The Simon do not necessarily reflect those of the staff.
•Please do not reprint The Simon’s content without permission. If you ask our permission, we will probably say yes.
•The Simon does not promise that every word we publish is accurate.