This Writer Agreement (Agreement) is hereby made by and between you (Writer) and Ouŕpolitĩ CS Blog, Inc. (Ouŕpolitĩ CS Blog). It contains the terms and conditions that apply to Writer’s use of the Platform (as defined below) offered by Ouŕpolitĩ CS Blog at https://ourpoliticsblog.com (Website, together with the Platform, the Services).
BY CLICKING ON THE “ACCEPT” BUTTON OR ACCESSING OR OTHERWISE USING THE SERVICES, WRITER HEREBY REPRESENTS AND WARRANTS THAT IT IS DULY AUTHORIZED TO ENTER INTO AND BIND WRITER OR THE ENTITY WRITER REPRESENTS TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGES AND AGREES THAT ALL SUCH USE BY WRITER IS SUBJECT TO SUCH TERMS AND CONDITIONS. IF WRITER DOES NOT AGREE TO THESE TERMS OR IS NOT AUTHORIZED TO BIND THE ENTITY WRITER REPRESENTS, DO NOT CLICK THE “ACCEPT” BUTTON.
To sign up for the Services, you may register for a personal user account (Account). You must provide accurate and complete information and keep your Account information updated. You shall not select or use as a username a name:
- Of another person with the intent to impersonate that person
- Subject to any rights of a person other than you without appropriate authorization
- That is otherwise offensive, vulgar, or obscene
You are solely responsible for the activity that occurs on your Account and for keeping your account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account.
License. Subject to Writer’s full compliance with the terms and conditions of this Agreement, Ouŕpolitĩ CS Blog hereby grants Writer a non-exclusive, non-transferable, non-sublicensable license to use Ouŕpolitĩ CS Blog’s online digital marketplace whereby Writer can offer professional services to Publishers, including but not limited to writing, drafting, editing, research, translation, composition, and creation of graphic and other visual arts, and audiovisual recordings of any kind, and whereby Publishers can, in their sole discretion, purchase such content and all intellectual property rights therein (the Platform). Except for the limited rights and licenses expressly granted to Writer herein, no other permission is granted, no other use is permitted, and Ouŕpolitĩ CS Blog (and its licensors) shall retain all rights and interests (including all intellectual property and proprietary rights) in and to the Platform and the Services.
Except as expressly permitted in this Agreement, Writer shall not directly or indirectly (i) use any of Ouŕpolitĩ CS Blog’s Confidential Information (as defined below) to create any service, software, documentation or data that is similar to any aspect of the Services, (ii) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the Platform, or the underlying ideas, algorithms or trade secrets therein, (iii) encumber, sublicense, transfer, rent, lease, time-share or use the Services in any service bureau arrangement or otherwise for the benefit of any third party, (iv) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any aspect of the Services, (v) use or allow the transmission, transfer, export, re-export or other transfer of any product, technology or information it obtains or learns pursuant to this Agreement (or any direct product thereof) in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction or (vi) permit any third party to engage in any of the foregoing proscribed acts.
Project Requests and Submissions
Project Requests. Writer shall submit content to Publishers (Submissions) by the applicable Publisher’s instructions, deadlines, standards, and criteria as dictated by Publisher’s offers(s) (each, a Project Request). Submissions that violate the terms of this Agreement shall be deemed rejected. Project Requests shall dictate and control:
- The form, length, and content of the requested Submissions
- The amount of compensation to be paid concerning each Submission (Project Fee)
- Whether Publishers will acknowledge Writer’s authorship of or contribution to any Submission upon publication of such accepted Submission, and whether the Writer may publicly recognize the same
Acceptance of Submissions
Publishers are typically required to accept or reject Submissions, or request an alteration to it, within fifteen (15) business days of Writer’s submission thereof to Publishers. Writer’s Submission shall be deemed to have been submitted as of the date upon which Publisher received it. If Publisher fails to render a decision regarding Writer’s Submission within such fifteen (15) business days of receipt of Writer’s Submission, then Ouŕpolitĩ CS Blog will typically require the Publisher to deem the Submission to have been accepted. Publishers shall retain the sole and exclusive right to reject Submissions insofar as such Submissions do not comply with Publishers’ instructions, deadlines, standards, or criteria as dictated by Publisher, or for any other reason in Publishers’ sole discretion. Both Ouŕpolitĩ CS Blog and Publisher may terminate any Project Request before Publishers’ final and unconditional acceptance of Writer’s Submission.
Intellectual Property Rights
Upon Writer’s receipt of payment for any Submission, Writer irrevocably assigns, transfers, and conveys and agrees to assign, transfer and share, to the applicable Publisher all right, and interest in and to the Submission and all Intellectual Property Rights therein (defined below). Intellectual Property Rights includes, without limitation, all patent rights, copyright rights, trademark rights, moral rights, publicity rights, privacy rights, and any other intellectual property rights or similar rights anywhere in the world covering or embodied in or relating to any Submission. As to copyrights, the Writer agrees that the Submissions shall be deemed a “work made for hire” and that the applicable Publisher shall be considered the author thereof for copyright purposes; provided, however, that if any Submission is at any time determined not to be a work made for hire, this Agreement shall be deemed an irrevocable assignment of the copyright to the entire Submission upon payment in full thereof. The applicable Publisher shall be the exclusive owner of the Submission and the Intellectual Property Rights therein and shall have the sole right to secure the Submission registration. No rights in the Submission, or the copyright in the Submission, shall be retained by Writer, nor shall there be any reversion of those rights to Writer in the future. The rights and licenses granted herein include all rights in and to the Submission including, without limitation, the right of the applicable Publisher to edit, clip, crop, resize, retouch, alter, adapt, modify, create derivatives, distribute, make available online, in whole or in part, and to allow others to engage in any of the preceding activities, in any medium now known or hereafter invented. Writer at this moment consents to all uses and revisions to the Submission and Intellectual Property Rights therein and, at this moment, waives any moral rights or “Droit moral” (including, but not limited to any rights of attribution or integrity). Writer shall assist the applicable Publisher to further evidence, record, and perfect such stories and licenses granted hereunder and perfect, obtain, maintain, enforce, and defend any assigned rights.
Writer agrees that the business, technical and financial information of Ouŕpolitĩ CS Blog or any Publisher, that is designated in writing as confidential, or is disclosed in a manner that a reasonable person would understand the confidentiality of the information revealed, shall be the personal property of Ouŕpolitĩ CS Blog or its Publisher as the case may be (Confidential Information). The Writer will hold in confidence and not disclose any Confidential Information and shall similarly bind its employees, consultants, and independent contractors and use the Confidential Information only for the purpose for which it was disclosed.
Within thirty (30) days following Publisher’s full payment to Ouŕpolitĩ CS Blog of the applicable Project Fee for Writer’s Submission, Ouŕpolitĩ CS Blog shall credit Writer’s Account with the amount of such payment.
Ouŕpolitĩ CS Blog shall not be responsible or liable for any amounts not received from Publisher.
Representations and Warranties
Code of Ethics. The Writer shall follow all standards outlined in Ouŕpolitĩ CS Blog’s Code of Ethics (available here). Without limiting the preceding, the Writer shall
- use real names with all work;
- disclose all potential conflicts of interest, both to the Publisher before accepting a Project Request and in the contents of the Submission;
- pursue all avenues of inquiry to report and write stories with fairness and honesty;
- give credit and point to sources, attributing every assertion, quote, fact, and opinion, with full names, titles, and links;
- if a basis wishes not to be named, explain this explicitly and discuss the ramifications of unnamed sources with the Publisher;
- keep promises to Publishers and references, and protect confidential sources;
- disclose to authorities the publication and brand that are sponsoring the Project Request;
- always produce original work, never plagiarizing self or others, never repurposing old stories for new clients, and never cutting corners in any fashion; and
- deliver Submissions on time and by the specifications of the Project Request.
Other Representations and Warranties
Writer shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Submission, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (ii) Writer knows is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information; (vi) uses information about users for any reason without the express prior consent of the user that has provided such information to Writer; (vii) impersonates any person or entity, including any of Ouŕpolitĩ CS Blog’s employees or representatives; or (viii) includes anyone’s identification documents or sensitive financial information.
Ouŕpolitĩ CS Blog may terminate Writer’s access to all or any part of the Services at any time, with or without cause, with or without notice. The Writer may terminate his/her Account by following the instructions on the Website or through the Services. Sections 4, 5, 7, and 9-12 shall survive termination of this Agreement.
Warranty Disclaimer. THE SERVICES ARE PROVIDED BY OUŔPOLITĨ CS BLOG “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY OUŔPOLITĨ CS BLOG. OUŔPOLITĨ CS BLOG, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND PARTNERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY
- TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III);
- CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH;
SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET;
- Indemnification. Writer shall defend, indemnify, an
Hold harmless Ouŕpolitĩ CS Blog and its Publishers and their respective affiliates and each of their employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to
- Writer’s use or misuse of, or access to, the Services,
- Writer’s Submissions,
- Writer’s violation of this Agreement, or
- infringement by Writer, or any third party using Writer’s Account or identity in the Services, of any intellectual property or another right of any person or entity.
Ouŕpolitĩ CS Blog and its Publishers, as the case may be, reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Writer, in which event Writer will assist and cooperate with Ouŕpolitĩ CS Blog and such Publisher in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL OUŔPOLITĨ CS BLOG, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY concerning THE SERVICES:
- FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING)
- FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION)
- FOR ANY DIRECT DAMAGES over (IN THE AGGREGATE) OF THE AMOUNTS PAID HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE CLAIM
Governing Law and Jurisdiction. This Agreement shall be governed by and construed by the State of New York laws, including its conflicts of law rules and the United States of America. The Writer agrees that any dispute arising from or relating to the subject matter shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New York County, New York.
Ouŕpolitĩ CS Blog reserves the right, in its sole discretion, to modify this Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending Writer a message through the Services, via e-mail or by another appropriate means of electronic communication. Ouŕpolitĩ CS Blog may also impose limits on certain features and services or restrict Writer’s access to parts or all of the Services without notice or liability. Writer’s continued use of the Services following notification of any changes to this Agreement constitutes acceptance of those changes.
This Agreement is the whole Agreement between Writer and Ouŕpolitĩ CS Blog concerning the Services, including the Website. It supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between Writer and Ouŕpolitĩ CS Blog concerning the Services.
Suppose any provision of this Agreement is found to be unenforceable or invalid. In that case, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when a ticket is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.
Should you have any questions or concerns, please write to email@example.com.