By submitting copy, photos, and/or videos to The Philly Photo Journal, Contributor agrees to the terms of this agreement.

AGREEMENT made between the content creator (the “Contributor”) and the “The Philly Photo Journal”.

Contributor and The Philly Photo Journal hereby agree as follows with respect to the use of the copy, photos, audio, and/or videos by Contributor (the “Contribution”) to be published in the The Philly Photo Journal, online, and/or derivative works.

Grant of Rights

1. (a) Contributor grants to The Philly Photo Journal for the full term of copyright and any renewals and extensions thereof the right to use, produce, distribute, license, publish, and sell the Contribution, or any portion thereof, throughout the World in all editions and derivations of the The Philly Photo Journal, in all languages, in all media, and to use the Contribution in the advertising, publicity, and promotion of the The Philly Photo Journal. The The Philly Photo Journal shall have the right to exercise such rights to the Contribution in whole or in part.
2. (b) The grant of rights set forth in Paragraph 1(a) shall be exclusive from the date of signing of this Agreement until twelve (12) months following initial publication of the The Philly Photo Journal in the English language in the United States, and thereafter shall be nonexclusive.
3. (c) All rights not specifically granted to the The Philly Photo Journal are reserved by the Contributor. Contributor shall acknowledge The Philly Photo Journal as the publisher of the Contribution in any uses or reuses of the Contribution, and when possible, include a hypertext link to the The Philly Photo Journal with such acknowledgment.

Payment

2. No monies shall be payable to Contributor under this Agreement unless otherwise contracted and agreed upon in advance of any submission.
   
   

Copyright

3. Contributor owns all copyright in and to the Contribution, and the The Philly Photo Journal shall identify the Contributor as owner of the Contribution in all editions of the The Philly Photo Journal. The The Philly Photo Journal owns all copyright to the The Philly Photo Journal as a compilation, and Contributor shall identify The Philly Photo Journal as owner of the The Philly Photo Journal.

Final Acceptance

4. (a) Contributor understands that final acceptance of the Contribution is at the discretion of the The Philly Photo Journal and that the The Philly Photo Journal may request editorial revisions. If The Philly Photo Journal determines that the Contribution warrants revision, The Philly Photo Journal will provide reasonably detailed written suggestions for possible revisions. The Contributor will then have ten (10) business days from receipt of such suggestions to deliver a revised and satisfactory Contribution to The Philly Photo Journal. Contributor agrees to deliver to the The Philly Photo Journal one (1) digital copy of the revised Contribution as a Microsoft Word file or PDF. If thereafter the Contribution is still not acceptable to the The Philly Photo Journal, the The Philly Photo Journal may elect to keep this Agreement in effect, or upon written notice to the Contributor, terminate this Agreement. 
5. (b) The Philly Photo Journal may, at its discretion, extend Contributor’s time to deliver the revised Contribution for such period as The Philly Photo Journal deems appropriate. Any extension of the delivery date must be in writing signed by the The Philly Photo Journal. In determining whether to grant such extension and/or the length thereof, The Philly Photo Journal may consider such factors as The Philly Photo Journal deems relevant, including without limitation, Contributor illness and the changing marketability of the Contribution and/or The Philly Photo Journal.
   
   

Permissions

5. (a) If Contributor includes third party material, including photos and copy, in the Contribution, Contributor will identify such third party material and will deliver written agreements required by The Philly Photo Journal granting permission for use of all such third party material in exercising the rights granted herein. Contributor will make all payments due under such agreements.
6. (b) If the Contributor fails to deliver the required permission agreements at the time of delivery of the revised Contribution, The Philly Photo Journal shall have the right, but not the obligation, to obtain the same, and in such event the Contributor shall pay such third party costs upon receipt of an invoice from the The Philly Photo Journal.

Publication

6. (a) The Philly Photo Journal shall have the right to use the name, approved portrait and approved picture of and approved biographical material concerning Contributor in and on the The Philly Photo Journal, including biographical material on the cover of the The Philly Photo Journal, in the advertising, publicity and promotion thereof, and in connection with any rights granted hereunder and promotion of the The Philly Photo Journal. Upon request, Contributor shall furnish The Philly Photo Journal, free of charge, high-resolution photographs of Contributor which The Philly Photo Journal may use for such purposes without additional payment to or permission from any third party.
7. (b) The The Philly Photo Journal may publish and authorize others to publish the Contribution for promotion of the The Philly Photo Journal and the The Philly Photo Journal, without compensation therefor.
   
   

Warranties and Indemnities

7. Contributor represents and warrants to The Philly Photo Journal that Contributor is the sole author of the Contribution and sole owner of the rights granted in this Agreement, has the right to enter this Agreement, that the Contribution is original and has not been previously published, that the Contribution does not contain any libelous material and is not in violation of any rights of privacy or any other rights of third persons, and does not infringe any copyright or any other proprietary or personal right. Contributor will indemnify and hold harmless The Philly Photo Journal for any loss, damage, expense (including reasonable defense costs), recovery or judgment that The Philly Photo Journal may incur as a result of any claim made arising from any breach or claim of breach of a representation or warranty made by Contributor in this Agreement.
   
   

The Philly Photo Journal’s Trademarks

8. Nothing in this Agreement shall give Contributor any right in or to any trademark, trade name, logo, imprint or other identification now or hereafter used by The Philly Photo Journal.
   
   

Governing Law

9. (a) This Agreement will be construed according to, and the rights and liabilities of the parties will be governed by, the internal, substantive laws of the Pennsylvana without reference to such state’s choice of law principles, and by the U.S. Copyright Act. Any dispute or claim arising out of or relating to this Agreement or any breach of this Agreement will be submitted to arbitration by a mutually agreed upon arbitrator in accordance with the rules of the American Arbitration Association (the “AAA”). If the parties cannot agree on an arbitrator, the parties will advise the AAA to appoint an arbitrator. The site of such arbitration shall be in Philadelphia, Pennsylvania. The parties will abide by all decisions of the arbitrator, including the cost of the arbitration. All fees and costs (including reasonable attorneys’ fees) will be awarded to the prevailing party as determined by the arbitrator. Judgment on the award may be entered in any court having competent jurisdiction.
10. (b) All references to copyright in this Agreement will reflect any amendment made during the term of this Agreement in the copyright laws of any country.
    
    

Successors and Assigns

10. This Agreement will bind and will inure to the benefit of the heirs, executors, or administrators and assigns of Contributor and the successors and assigns of The Philly Photo Journal. This Agreement may not be assigned by either party without the written consent of the other, with the following exception: The Philly Photo Journal may assign this Agreement to any company that acquires or succeeds to all or a substantial portion of the assets of The Philly Photo Journal or an imprint of The Philly Photo Journal.
    
    

Copies

11. This Agreement will be binding on the Contributor and The Philly Photo Journal through facsimile, scanned signatures, or upon submission through online forms. Reproductions of this Agreement shall serve as originals.
    
    

Headings

12. The caption headings of this Agreement are inserted for convenience only and are not deemed part of the Agreement.
    
    

Entire Agreement

13. This Agreement contains the entire understanding of the Contributor and The Philly Photo Journal with reference to the Contribution. No waiver or modification of any provision of this Agreement shall be valid unless in writing and signed by both parties.
    
    

By submitting copy, photos, and/or videos — online or via email — Contributor agrees to the terms of this agreement.