The mission of DIVINE is to cut down on the collective shame around sexuality in our society and fill that space with celebration of ourselves and each other. The intention is to create a safe & loving spaces to let conversations exist as explicitly as they want to be on the topics of art, bodies, sex, and the celebration of the parts of ourselves that are often less welcome or misunderstood in mainstream media & society. I am so grateful and honored that you are interested in contributing to this cause. But before I can include your work, please review the terms below and sign at the end. If you have any questions or concerns, don't hesitate to email me.
We are very excited to have you, and thank you so much for being a part of Divine.
I hold the responsibility of these conversations and, in turn, your contributions in the highest regard. With that, I make the following promises to you:
While I may take liberties in the editing and/or design process, I promise to represent your entries as true to their intended purpose as possible.
I promise that if I plan on augmenting your piece in any way that I feel may change the intent of the piece, I will consult with you first to make sure you are comfortable with it.
Finally, I promise to send you a PDF of the spread that your piece lives in after it is designed in layout. You will have the opportunity to request small tweaks before going to print. I will not print anything you are not comfortable with. However, once you’ve signed off on the layout, no changes will be accepted.
This Contributor Agreement (this “Agreement”) sets forth the terms and conditions governing your submission to [Magazine Name] (the “Magazine”). By submitting content to Magazine you acknowledge, accept, and agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement do not submit content to Magazine.
1. Content: Magazine provides contributors like you with an opportunity and forum to publish content, whether in written, illustration, photo, video, or other format that you submit via any means to Magazine for publishing (collectively, the “Content”).
2. Grant of Rights/License: In consideration of Magazine publishing your Content, you grant Magazine the following rights/license in and to the Content:
a) An unlimited, worldwide, non-exclusive, fully paid-up right and license to publish in any or all print and electronic editions/versions of Magazine's publications (the “Publications”) including domestic and foreign, whether in the English language or translated into a foreign language, including any successor, similar or replacement versions thereof;
b) The right to use the Content as it appears in the Publications in advertising and promoting Magazine, its publications and/or its products as well as the right to excerpt and create teasers and summaries of the Content;
c) The right to use the Content in whole or in part on Magazine's website(s);
d) The right to republish, store, syndicate, distribute, and/or reprint in print or electronic media of all or any portion of the Content in any language and in any country;
e) The right to publish the Content in whole or in part in a print or electronic edition of an anthology and in an electronic database;
f) The right to use your name and likeness in a fair and dignified manner and to publish information about you in connection with the publishing of the Content and any advertising and promotion of the Publications;
g) All rights granted by this Agreement are granted in perpetuity and applicable in all media including, but not limited to, all electronic media, internet, wireless or mobile platforms whether now known or hereafter created.
3. Delivery of the Content: You agree to deliver to Magazine the Content, and any relevant related materials, in a form and/or file type as reasonably requested by Magazine.
4. Editing and Publication of the Content: Magazine has the right to edit or otherwise change the Content for publication. Magazine retains the right to accept or reject the Content outright and may choose not to publish the Content in its sole discretion.
5. Copyright/Coverage: Except for the rights granted Magazine hereunder, you retain all rights, including copyright, in the Content. This Agreement shall cover all Content submitted to Magazine by you in any form whatsoever at any time.
6. Representations and Warranties; Indemnification; Conflict of Interest:
a) You represent and warrant that you are at least eighteen (18) years of age; that you are the sole author and owner of the Content; that the Content is original; that you have the right to grant the rights to the Content granted herein; that the Content does not contain any untrue statements or material that is deceptive, fraudulent, or intentionally misleading; that it does not invade any right of privacy or violate any right of publicity or infringe upon any statutory or common law copyright or trademark or otherwise violate the rights of any third party or any applicable law or regulation. You agree to cooperate in the defense of any legal action brought against Magazine arising from the publication of your Content and you agree to retain all notes, drafts, and copies relating to the Content for three (3) years from submission.
b) You agree and represent that you will disclose to Magazine in writing any actual or potential conflict of interest, including but not limited to any financial interest in any product, firm, or commercial venture relating to the subject of the Content.
c) You agree and represent that you will not use your association with Magazine to advertise or otherwise promote or identify yourself in any speaking engagements or public appearances without the prior written consent of Magazine. In addition, you will not use your association with Magazine to solicit or accept free or discounted gifts or services.
d) You agree and represent that you will clear, at your expense, the rights set forth in Section 2 for any third party content you include in the Content. If you do not, you shall not include such content in the Content.
e) You shall indemnify and hold Magazine and its affiliates harmless against any liability, cost or expense including reasonable attorneys’ fees incurred as a result of any breach of your representations or warranties.
7. Liability of Content Contributors: Magazine, in its sole discretion, may publish, withdraw, postpone, or alter any Content you submit. You understand that you are responsible for any legal claims arising out of or resulting from your submission of the Content and that Magazine shall be immune from any such liability as described by Section 230 of the Communications Decency Act’s safe harbor.
8. Contributor Guidelines/Conditions: You agree to abide by any additional terms, conditions guidelines, or instruction provided to you by Magazine from time to time as they relate to the Content, all of which are incorporated herein by this reference.
9. Relationship of the Parties: Nothing herein shall be construed to create an employer-employee relationship between Magazine and you. You are an independent contractor and not an employee or agent of Magazine or any of its subsidiaries or affiliates. You have the right to control the means, manner and method by which you create the Content and you assume responsibility for the quality, scope and accuracy of the Content.
10. Term and Termination: This Agreement shall remain in effect until terminated by either party upon written notice. All provisions that, by their nature should survive termination, shall survive, including any grant of rights/license.
11. Modification/Assignment: This Agreement contains our entire understanding and may not be modified, waived, or discharged orally. Any modifications, waiver, or discharge must be in writing and signed by Magazine. Magazine may assign this Agreement in whole or in part and this Agreement shall be binding upon and benefit successors and assigns of Magazine.
12. Governing Law/Jurisdiction/Severability/Superseding Agreement: This Agreement shall be governed by the laws of the State of California, without reference to its choice of laws principles, and the parties agree to the exclusive jurisdiction of the federal and state courts for Los Angeles County, California. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision This Agreement supersedes any prior agreement between you and Magazine pertaining to the subject matter hereof.
By entering your name & submitting below, you agree that you have read & accept the terms of the Contributor Agreement.