Article Submission Terms and Conditions
Updated as of December 12, 2008
The following terms and conditions ("Terms & Conditions") govern your submission of any article ("Article") to QuoteCatcher.com’s Buyer Advice section. It is vitally important that you read these Terms & Conditions carefully as the submission of your Article will constitute your agreement to be legally bound by these Terms & Conditions.
If for any reason you do not agree to these Terms & Conditions in their entirety, you may not submit any Articles to QuoteCatcher.com’s Buyer Advice section. We may amend these Terms & Conditions from time to time on fifteen (15) days prior written notice. If you object to the amendments to the Terms & Conditions, you must notify QuoteCatcher.com within such fifteen (15) day period and, as a result, these Terms & Conditions will terminate. Failure to so notify will be treated as your agreement to be bound by the Terms & Conditions as amended.
1. Contributor Inclusions
As a Buyer Advice contributor, your Articles will include the following:
• Company logo or trademark underneath the title of your Article and at the bottom of your Article.
• Links to all of your Articles at the bottom of each of your Articles.
Subject to the payment terms set forth in Section 7, your Articles will include the following premium services ("Premium Services"):
• Byline at the bottom of each of your Articles with information about you (the "Byline").
• No more than one text link from each Article to your website (the "Dedicated Link").
• A link from the bottom of your Articles to a QuoteCatcher.com Web page that provides a brief overview of you/your company, what makes you an expert, products/services offered by you/your company, and a link to all of your Articles (the “Dedicated Page”, together with the Byline and the Dedicated Link, the "Dedicated Content"). QuoteCatcher.com shall have the right to edit such overview in its sole discretion.
2. Restrictions on Articles and Dedicated Content
• You assume full responsibility for all content contained in any Article and the Dedicated Content.
• All content contained in an Article must be original. All Articles are reviewed to ensure they are original.
• All content contained in an Article must be informative and provide value to users of the QuoteCatcher.com website and cannot be blatant advertising for your business. Any Articles found to include such advertisements will be rejected or returned for editing prior to posting.
• All content contained in your Article and the Dedicated Content must not contain unlawful, harmful, threatening, defamatory, obscene or otherwise objectionable material.
• Each Article may include no more than one Dedicated Link to your website. This Dedicated Link must direct users to a web page on your website that provides supporting information to the Article itself and value to the users. QuoteCatcher.com will not include links that direct users to pages that are blatant advertisements.
• You acknowledge that if you disclose any personal information in any Article that your personal information may be collected and used by other parties and may result in unsolicited communications.
• Any Article and the Dedicated Content are, and will be treated as, non-confidential and non-proprietary.
3. Review of Articles
QuoteCatcher.com will review all Articles submitted prior to posting them on the Buyer Advice section.
Although QuoteCatcher.com will review your Articles, you acknowledge that QuoteCatcher.com and its affiliates do not control the information available in the Buyer Advice section, including your Articles. QuoteCatcher.com reserves the right, in its sole discretion, to edit, refuse to post, or remove any material submitted by you (including the Dedicated Content) for any reason or no reason, including, without limitation, in the event any content submitted by you does not comply with or violates any of these Terms & Conditions, including, without limitation, Sections 2 (Restrictions on Articles and Dedicated Content) and 8 (Representations and Warranties). In the event that QuoteCatcher.com rejects an Article, you may submit a new or revised Article for review.
If QuoteCatcher.com determines that certain portions of an Article require modification, QuoteCatcher.com will provide feedback and you will have 30 days to submit edits to the Article for further review. If your updates are not completed during such time period, the Article will be rejected out right.
4. Publishing Articles
Articles found to be satisfactory by the QuoteCatcher.com editorial staff will be marked with an approved status and you will be alerted of this by email and within your online account. Once an Article has been approved, there will be a delay until it is published to the website. QuoteCatcher.com will need to add the new page(s) to the website and complete final formatting, linking, etc. QuoteCatcher.com reserves the right to link text in the Article to other web pages within the QuoteCatcher.com website or other relevant websites it deems appropriate, in its sole discretion.
5. Ownership
All Articles and any content contained therein (other than your trademarks and logos) submitted by you for publishing on the Buyer Advice section on the QuoteCatcher.com website will become the sole and exclusive property of QuoteCatcher.com upon submission. You agree to assign all copyrights and other right, title and interest in and to such Articles and content to QuoteCatcher.com and agree to waive any rights thereto (including without limitation any moral rights, rights of authorship, or like rights). You agree to render all reasonably required assistance to QuoteCatcher.com to perfect and protect QuoteCatcher.com’s rights described in this Section 5. In the event that QuoteCatcher.com cannot secure your signature on any document QuoteCatcher.com deems necessary or advisable for the perfection, registration or protection of its rights in such content, you hereby irrevocably appoint QuoteCatcher.com as your attorney-in-fact for the limited purpose of executing any such document.
6. License
You grant QuoteCatcher.com and its affiliates a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license during the term of these Terms & Conditions, to use, copy, publish, display and distribute your trademarks and logos for the purpose(s) set forth in these Terms & Conditions.
7. Payment
If you have elected to receive the Premium Services, you will pay QuoteCatcher.com a monthly fee of $300 for the display of the Premium Services on the QuoteCatcher.com website (the “Premium Fee”). Payment is due no later than the 15th day of calendar month after the month in which the Premium Services are provided. In the event that payment is late, QuoteCatcher.com may immediately remove and withhold the Premium Services from the QuoteCatcher.com website until payment is received.
8. Representations and Warranties
You represent and warrant to QuoteCatcher.com that (i) you own all of the rights to the content (including the trademarks and logos) contained in any Article and the Dedicated Content; (ii) you have permission to submit the content (including the trademarks and logos) contained in any Article and assign the same (other than the trademarks and logos) to QuoteCatcher.com in accordance with these Terms & Conditions; and (iii) the content contained in any Article and the Dedicated Content is true and accurate.
9. Term; Termination
(a) The term of these Terms & Conditions shall continue until terminated by either party at any time upon written notice.
(b) In the event that either party terminates these Terms & Conditions, QuoteCatcher.com may remove any of your Articles and any of the contributor inclusions detailed in Section 1 (including the Dedicated Content) and/or continue to display any of your Articles on the website with QuoteCatcher.com credits in place of yours.
10. Indemnification
You agree to be responsible for the content of your Articles and the Dedicated Content and to indemnify and hold harmless QuoteCatcher.com, its subsidiaries, affiliates, directors, officers and employees from any damages, losses, liabilities, claims, demands, costs (including reasonable attorneys' fees) arising out of your Articles, the content contained therein, and the Dedicated Content.
11. Warranty Disclaimer
YOU EXPRESSLY AGREE THAT YOUR SUBMISSION OF ARTICLES IS AT YOUR OWN RISK. QUOTECATCHER.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, IN CONNECTION WITH THESE TERMS & CONDITIONS. FOR THE AVOIDANCE OF DOUBT, QUOTECATCHER.COM WILL BEAR NO LIABILITY FOR ANY (A) ERRORS, MISTAKES, MISREPRESENTATIONS, OR INACCURIES OF ANY CONTENT; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ARTICLES OR ANY CONTENT CONTAINED THEREIN; OR (C) INTERRUPTIONS OR DELAYS IN POSTING THE ARTICLES. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
12. Limitation of Liability
QUOTECATCHER.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR ARTICLES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF QUOTECATCHER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Miscellaneous
Nothing in these Terms & Conditions is intended to or will create any form of partnership, joint venture, agency, or employment relationship between the parties. You may not assign these Terms & Conditions, by operation of law or otherwise, without the prior written consent of QuoteCatcher.com. These Terms & Conditions shall inure to the benefit of and be binding upon you and QuoteCatcher.com and your and our respective successors and permitted assigns.
The failure of either party to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. If a court of competent jurisdiction declares any provision of these Terms & Conditions to be invalid or unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. These Terms & Conditions shall be construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. You and QuoteCatcher.com agree to submit to the exclusive jurisdiction of the federal and state courts located in the State of California with respect to disputes hereunder.
The following sections shall survive termination of the Terms & Conditions: 5, 8, 9(b), 10, 11, 12 and 13. These Terms & Conditions constitute the entire agreement between you and QuoteCatcher.com and supersede all prior agreements relating to the subject matter hereof.