Creatopia® Freelance Contributor Guidelines and Release

February 1, 2021

Contributors agree to submission of work for publication in various Creatopia, LLC (“Publisher”) properties. By signing where indicated below, Contributor and Publisher agree to the terms and conditions described in this agreement.

Delivery of the Work. Contributor agrees to complete and deliver the Work in the final form by the Due Date set forth and, after delivery, to revise the Work at the request of Publisher until it is acceptable for publication. The Work may include text, art, photographs, illustrations, patterns, completed projects, and/or other materials, all as described above.

Rights. Contributor hereby irrevocably licenses to Publisher the following rights in the Work, which may be exercised by Publisher and/or its licensees and assignees in print, electronic, and/or digital media of all kinds, whether now known or hereafter devised, including but not limited to any and all of Publisher’s publications and other products and services in both print and electronic media, in any and all Languages, and throughout the world during the term of this Agreement. Contributor retains ownership of the copyright in the Work as delivered to Publisher and the following additional rights are licensed to Publisher on a non-exclusive basis throughout the term of this Agreement.

(a) The right to revise, reprint and generally re-use the Work in the Publication or any other publications and/or other products and services of Publisher and/or its licensees and assignees in any and all media, and technologies, whether now known or hereafter devised, including but not limited to the right to display and/or transmit the Work at or through any of Publisher’s websites, the right to anthologize and/or syndicate the Work, the right to license the Work for translation and publication in foreign editions throughout the world, and the right to make and sell copies of all or any portion of the Work by single-copy sales in print, print-on-demand, digital downloading, or other media.
(b) The right to use Contributor’s name, image, and biographical data in connection with all uses of the Work Contributed under this Agreement.
(c) The right to adapt and use all or any portion of the Work in Publisher’s advertising, promotional, publicity and marketing materials.

Ownership of the Work as Used by Publisher. Contributor acknowledges and agrees that the Work may be edited, revised, corrected, and generally adapted by Publisher and supplemented by Publisher with charts, measurements, formatting, titling, and additional text and design elements including photographs created by Publisher (collectively “the Publisher’s Version“). Contributor further acknowledges and agrees that Publisher owns and controls all rights in and to the Publisher’s Version, exclusively and irrevocably, and Contributor shall not make any use of the Publisher’s Version under any circumstances. Contributor’s Rights apply only to the Work as delivered to Publisher and not to the Publisher’s Version.

Term. The term of this Agreement and the license of rights to Publisher shall be for the full term of copyright in the Work as it may be renewed or extended throughout the world.

Assurances. Contributor hereby warrants and represents as follows: (a) the Work is original and has not been previously published in any form; (b) Contributor is the sole Contributor of the Work and owns all rights in the Work; (c) Contributor has obtained and delivered to Publisher all consents, approvals and permissions that may be necessary to permit Publisher to use the Work as described in this Agreement and Contributor has given all necessary credits and acknowledgements in the Work; (d) Contributor will keep all notes, recordings, and other research materials used in the preparation of the Work and make them available to Publisher upon request; (e) the Work does not infringe on the copyright, trademark, proprietary, trade secret and/or other intellectual property rights of any other person; (f) the Work does not defame, and/or invade the rights of privacy or publicity of, any other person; and (g) the Work, if used as described in this Agreement, will not expose the Publisher to any liability to any other person. Contributor shall indemnify and hold Publisher harmless against any loss, damage, or expense (including but not limited to attorneys’ fees and costs) that Publisher may incur by reason of any claims based on allegations which, if true, would constitute a breach of Contributor‘s warranties and representations and/or any of Contributor‘s other obligations under this Agreement.

Independent Contractor. The parties acknowledge and agree that Contributor and Publisher are independently contracting parties, and no employment, joint Contributorship, partnership, fiduciary or other relationship is created between Contributor and Publisher. Contributor is responsible for payment of all of Contributor’s own expenses, and no payments, reimbursements or benefits are owed to Contributor other than the Compensation set forth above.

General Provisions. This Agreement (a) represents the entire agreement between Contributor and Publisher regarding the Work and any waiver or modification of its terms and conditions must be set forth in a written agreement signed by Contributor and an Authorized representative of Publisher; (b) is binding on and shall inure to the benefit of the licensees, successors and assigns of both parties; (c) shall be effective when countersigned by Publisher; and shall be governed by the laws of the State of Minnesota. The jurisdiction and venue for arbitration or litigation of any dispute arising under this Agreement shall be Minnesota.