1. Definitions. As used herein, the following terms shall have the following meanings:
a. "Agreement" means, collectively, the Standard Terms and Conditions.
b. "Articles" means, collectively, those articles that Writer is submitting to CH for the purpose of being published to CurriculumHub.com.
c. "CH" means Curriculum Hub, a division of The Veggies Van Organization "VVO", a California 501(c)3.
d. "Publication" means CH&s websites or other media.
e. "Writer" means the party who wrote the submitted Materials and who is submitting the Materials to CH for the purpose of being published.
2. Grant of Rights. Writer hereby irrevocably grants, conveys, and assigns to CH, (i) all permissions related to right, title, and interest in and to the Materials, and any and all parts thereof, free and clear of any and all claims, liens, and encumbrances, including interactive media rights, Internet rights and book rights, and the right to utilize, reproduce, and exploit any of the foregoing rights; (ii) the right to utilize, reproduce, exploit, advertise, and promote Writer’s name, likeness, photograph, and biography in connection with the website, CH's main web site located at www.CurriculumHub.com, any other web sites owned by VVO, and any advertising and publicity relating thereto. Submitted materials are intended to be informational and for the benefit of site visitors/members and not for company promotion or advertising. Materials may mention specific teachers, students, companies and others, but they must not be "advertisements" for any specific business or company.
3. Rights Reserved to Writer. Notwithstanding the foregoing, Writer reserves the nonexclusive right to use and reuse the Materials in any form, manner, and media that Writer determines, so long as Writer does not use or reuse the Materials in connection with or for the benefit of any online or print media that competes with the Publication. CH will have the sole discretion to determine whether media competes with the website Publication. Except as set forth in the foregoing sentences, Writer reserves no other rights of any kind or nature whatsoever in or to the Materials, all such rights being granted to CH.
4. Writer's Representations and Warranties. Writer hereby represents and warrants to CH that: (i) Writer has full and complete right, title, and interest in and to the Materials, has not sold, granted, conveyed, or assigned any of Writer's right, title, or interest in or to the Materials to any person or entity and has the full power, capacity, and authority to grant to CH the rights granted herein; (ii) no liens, encumbrances, claims, proceedings, and/or litigation presently exist or are pending with respect to the Materials; and (iii) the Materials are wholly original with Writer and shall not infringe upon or violate any statutory copyright, common law rights, proprietary rights, or any other rights whatsoever of any person or entity; (iv) All images, graphs, charts not created by the writer contain express permissions from author and/or are provided with resource link & acknowledgment from/to the original source.
5. Writer's Indemnification. Writer indemnifies, defends, protects, and holds harmless CH and each of its members, managers, employees, licenses, agents, representatives, successors, and assigns, as well as any third parties claiming rights through CH, from and against any and all claims, liabilities, damages, losses, and costs of any kind resulting in connection with or otherwise resulting from the breach by Writer of any of the foregoing warranties.
6. Writer's Release. Writer releases, discharges, and acquits CH and each of its members, managers, employees, licenses, agents, representatives, successors, and assigns, from any and all claims, liabilities, damages, losses, and costs of any kind that Writer may now or hereafter have against CH, whether for defamation, invasion of privacy or publicity, whether known or unknown, arising out of or in connection with the exercise of any rights granted hereunder.
7. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes and cancels any prior agreements, representations, warranties, or communications, whether oral or written, among the parties to this Agreement relating to the transactions contemplated by this Agreement or the subject matter herein.
8. Miscellaneous. This agreement will be governed by and construed in accordance with the laws of the state of California (without regard to conflicts of law principles), and the parties hereby consent to the jurisdiction of the state of California located within Los Angeles County, over all matter relating hereto. In the event of any litigation arising out of this Agreement, the successful or prevailing party will be entitled to recover its reasonable attorneys' fees and other costs in connection therewith. This Agreement may not be amended, modified or supplemented without a new written agreement signed by each of the parties. This Agreement may not be assigned by any party without the other Party's prior written consent, and any attempted unauthorized assignment will be null and void.