This Contributor Agreement (the “Agreement”) is made by and between TAPD, Inc. d/b/a Frank (“Company”) and the consenting individual (“Contributor”) on the date on which consent is granted.
For the good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, of being able to submit materials to the Company for access, use, viewing, and commentary by other users, IT IS AGREED:
A. User Content means any material contributed by users of the Company’s Services, including comments, feedback, information, content, text, files, trademarks, logos, graphics, postings, and other materials and information, for access, use, viewing, and commentary by other users.
A. When the Company accepts a contribution of writing or services from the Contributor, such contribution will be subject to all of the terms of this Agreement, as well as the Company’s Terms of Service.
B. By posting User Content, Contributor represents that he or she has the full legal right to provide the User Content and that use of the User Content by the Company and all other persons and entities will not:
1. infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of Contributor’s failure
to obtain consent to post personally identifying or otherwise private information about a person;
2. violate any law, statute, ordinance, regulation, or agreement;
3. be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing;
4. impersonate any person or entity or falsely state or otherwise imply an affiliation with any person or entity, including any business or educational institution, or be generally
false, deceptive, misleading, deceitful, misinformative, or constitute a “bait and switch”;
5. be obscene, child pornographic, or indecent;
6. violate any community or Internet standard; or
7.constitute disclosure of any confidential information owned by any third party.
Rights to Intellectual Property
A. Contributor retains all right, title, and interest in and to the User Content that Contributor submits and all intellectual property rights embodied therein.B. Upon Contributor’s submission of User Content or other material or information to TAPD, Contributor grants TAPD a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, host, communicate, publish, publicly perform, publicly distribute, and create derivative works based upon, and sublicense, the User Content, all without any compensation to Contributor whatsoever. This license continues even if Contributor stops using our Services or Contributor’s use of the Services is terminated or ceases for any reason.
C. If Contributor believes that any content or postings on Company’s Services violates Contributor’s intellectual property or other rights, please notify TAPD by email at email@example.com or by regular mail at 135 East 57 Street, 14th Floor, New York, New York 10022. The message must include the following information: (a) Contributor’s name and the name of Contributor’s company, if any; (b) Contributor’s contact information, including email address; (c) the nature and substance of the complaint, the specific rights at issue, and the basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
No Offer of Employment
A. Nothing herein shall be construed as constituting an employment agreement or an undertaking by the Company to retain Contributor’s services for any stated period of time. Contributor understands and acknowledges that he or she will not receive, nor will he or she be entitled to, any form of compensation from the Company whatsoever in connection with Contributor’s contribution(s) to the Company.
A. This Agreement:
1. is entered into under seal and shall be governed by and construed under the law of the State of New York, without application of principles of conflicts of laws;
2. shall, along with the Company’s Terms of Service, constitute the entire agreement of the parties with respect to the subject matter hereof, superseding all prior oral and
written communications, proposals, negotiations, representations, understandings, courses of dealing, agreements, contracts, and the like between the parties in such respect; and
3. may be modified, altered, or updated by the Company at any time.