Fiction Contest Terms and Conditions
This AUTHOR AGREEMENT (the “Agreement”) is made this <date> (the “Effective Date”) between Symbiont Labs, 251 Little Falls Drive, Wilmington, New Castle County, Deleware 19808 (the “Publisher”), and <author name> (the “Author”) concerning the work titled “<story title>” (the “Work”) to be published in the Symbiont Labs Fanzine.
Whereby it is mutually agreed between the parties hereto as follows:
1. Grant of Rights.
The Author hereby grants the Publisher non-exclusive world electronic rights to the Publisher to include the Work in the Symbiont Labs Fanzine for publication in the English and Spanish languages.
The Author hereby grants the Publisher the right to non-exclusively, electronically archive the Work online as long as the Publisher maintains the Symbiontlabs.io website. After three years of the Work’s initial publication, the Author may terminate the grant of non-exclusive electronic rights and ask the Publisher to remove the Work from Symbiontlabs. Website, archives, electronic back issues, bundles, or any other electronic format, and the Publisher agrees that it will comply within 30 days of such a request.
2. Limitations on Scope of Grant.
This agreement is not a transfer of the copyright to the Work.
This agreement does not permit the Publisher to publish the Work in any new editions of The Symbiont Labs Fanzine in any medium unless explicitly granted by this agreement.
All rights not expressly granted by the Author reside exclusively with the Author. Any rights that may be developed in the future shall reside with the Author.
3. Contest Winnings.
For the winners of the writing contest Symbiont Labs will pay $250 for first place, $100 for second place, $50 for third place and $20 to each of the five honorable mentions.
4. Transfer of Payment.
Payment shall be made by an electronic means agreed to by the Author. Any fees, charges, or commissions required because of use of electronic means of payment shall be paid by the Publisher.
5. Agreement Contingent.
This Agreement is contingent upon the Publisher receiving the full typescript of the Work and accepting its contents, and both the Publisher and the Author having received countersigned copies of this agreement.
6. Editing.
The Publisher will make no alterations to the Work’s text or title without the Author’s written approval in email or hardcopy. Author will be provided with the Publisher’s proposed version of the work prior to publication and given sufficient time to review the text. The Publisher reserves the right to make minor copyediting changes to conform the style of the text to its customary form and usage.
7. Publicity.
Arising under and terminating with the grant of rights to the Work in this agreement, the Author grants the Publisher the right to use the Author’s name, image, likeness, and biographical material for all advertising, promotion, and other exploitation of the Work.
8. Byline Credit.
The Author will be credited on the table of contents page and at the beginning of the story as [author’s byline].
9. 3rd Party Alterations.
The Publisher shall not make the Work available to any distributor, catalogue, service, or computer program which alters the text of the work or the display of the work, beyond typographic or formatting changes that do not affect the meaning of the work, or facilitate such changes, including but not limited to removing or changing profanity, without written permission of the Author. Should the Work be so listed without the permission of the Author, the Publisher shall ensure its removal.
10. Free Digital Copies of the Work.
The Publisher agrees to present to the Author one free copy of the eBook edition of any digital version of the Work in the following digital formats: PDF, mobi, and ePub.
11. Representations and Warranties of Author.
The Author warrants that, as of the date of executing this agreement, he or she is the sole author of the Work; that he or she is the owner of all the rights granted to the Publisher hereunder and has full power to enter into this agreement and to make the grants herein contained; that the Work is original and any prior publication of the Work in whole or in part has been fully disclosed to the Publisher and that to the best of the Author’s knowledge the Work does not infringe upon any copyright or upon any other proprietary or personal right of any person, firm or corporation.
12. Indemnification and Hold Harmless.
The Author will indemnify the Publisher against any loss, injury, or damage finally sustained (including any legal costs or expenses and any compensation costs and disbursements paid by the Publisher) incurred by the Publisher in connection with or in consequence of an intentional breach of one or more the foregoing warranties, for which the Publisher has no coverage under its insurance policies. The Publisher will add the Author to any insurance policy it may have which would insure against such loss, injury, or damage unless doing so is impractical. Legal representation and the decision to settle will be made in consultation between the Author and Publisher, and neither may proceed without the approval of the other, not to be unreasonably withheld.
13. Reversion of Rights.
In the event that the Publisher shall be adjudicated bankrupt, or a receiver or trustee shall be appointed for all or substantially the entire Publisher’s assets, or if the Publisher shall seek to take advantage of any insolvency law, this Agreement shall immediately terminate and all rights hereby granted to the Publisher shall revert automatically to the Author.
14. Legal Proceedings.
The parties agree that any suit, action or proceeding, whether claim or counterclaim, brought or instituted by either party relating to the subject matter of this Agreement, shall be tried only by a court and not by a jury. The parties to this agreement expressly waive any right to a trial by jury in any such action or proceeding.
15. Successors and Assigns.
The Publisher may not assign or in any way transfer this contract or the rights granted by it to another person or entity without the written permission of the Author.
16. Additional Information.
The Author agrees to provide current contact information (physical address, telephone number, and email) to the Publisher.
17. Void Provision.
If any term or condition of this Agreement is found by a court of competent jurisdiction to be illegal, unlawful or otherwise unenforceable, the parties agree that such term or condition shall be reformed as nearly as may be possible to carry forth the intentions of the parties and that such illegality, unlawfulness or unenforceability shall not act to void any other term or condition of this Agreement nor to void the Agreement as a whole.
18. Governing Law; Choice of Venue.
This Agreement shall be governed by and construed in accordance with the laws (other than the conflict of law rules) of the Próspera ZEDE (Honduras) Limited Liability Company. In the event of any dispute arising between the parties under this Agreement, venue for such dispute shall be within the Próspera ZEDE (Honduras) Limited Liability Company.
19. Amendment.
This agreement constitutes the entire agreement between the parties, and supersedes all prior writings or oral agreements. This agreement may be amended only by a written agreement clearly setting forth the amendments and signed by both parties.
The parties acknowledge that each has read and understood this contract before execution.
Whereby it is mutually agreed between the parties hereto as follows:
1. Grant of Rights.
The Author hereby grants the Publisher non-exclusive world electronic rights to the Publisher to include the Work in the Symbiont Labs Fanzine for publication in the English and Spanish languages.
The Author hereby grants the Publisher the right to non-exclusively, electronically archive the Work online as long as the Publisher maintains the Symbiontlabs.io website. After three years of the Work’s initial publication, the Author may terminate the grant of non-exclusive electronic rights and ask the Publisher to remove the Work from Symbiontlabs. Website, archives, electronic back issues, bundles, or any other electronic format, and the Publisher agrees that it will comply within 30 days of such a request.
2. Limitations on Scope of Grant.
This agreement is not a transfer of the copyright to the Work.
This agreement does not permit the Publisher to publish the Work in any new editions of The Symbiont Labs Fanzine in any medium unless explicitly granted by this agreement.
All rights not expressly granted by the Author reside exclusively with the Author. Any rights that may be developed in the future shall reside with the Author.
3. Contest Winnings.
For the winners of the writing contest Symbiont Labs will pay $250 for first place, $100 for second place, $50 for third place and $20 to each of the five honorable mentions.
4. Transfer of Payment.
Payment shall be made by an electronic means agreed to by the Author. Any fees, charges, or commissions required because of use of electronic means of payment shall be paid by the Publisher.
5. Agreement Contingent.
This Agreement is contingent upon the Publisher receiving the full typescript of the Work and accepting its contents, and both the Publisher and the Author having received countersigned copies of this agreement.
6. Editing.
The Publisher will make no alterations to the Work’s text or title without the Author’s written approval in email or hardcopy. Author will be provided with the Publisher’s proposed version of the work prior to publication and given sufficient time to review the text. The Publisher reserves the right to make minor copyediting changes to conform the style of the text to its customary form and usage.
7. Publicity.
Arising under and terminating with the grant of rights to the Work in this agreement, the Author grants the Publisher the right to use the Author’s name, image, likeness, and biographical material for all advertising, promotion, and other exploitation of the Work.
8. Byline Credit.
The Author will be credited on the table of contents page and at the beginning of the story as [author’s byline].
9. 3rd Party Alterations.
The Publisher shall not make the Work available to any distributor, catalogue, service, or computer program which alters the text of the work or the display of the work, beyond typographic or formatting changes that do not affect the meaning of the work, or facilitate such changes, including but not limited to removing or changing profanity, without written permission of the Author. Should the Work be so listed without the permission of the Author, the Publisher shall ensure its removal.
10. Free Digital Copies of the Work.
The Publisher agrees to present to the Author one free copy of the eBook edition of any digital version of the Work in the following digital formats: PDF, mobi, and ePub.
11. Representations and Warranties of Author.
The Author warrants that, as of the date of executing this agreement, he or she is the sole author of the Work; that he or she is the owner of all the rights granted to the Publisher hereunder and has full power to enter into this agreement and to make the grants herein contained; that the Work is original and any prior publication of the Work in whole or in part has been fully disclosed to the Publisher and that to the best of the Author’s knowledge the Work does not infringe upon any copyright or upon any other proprietary or personal right of any person, firm or corporation.
12. Indemnification and Hold Harmless.
The Author will indemnify the Publisher against any loss, injury, or damage finally sustained (including any legal costs or expenses and any compensation costs and disbursements paid by the Publisher) incurred by the Publisher in connection with or in consequence of an intentional breach of one or more the foregoing warranties, for which the Publisher has no coverage under its insurance policies. The Publisher will add the Author to any insurance policy it may have which would insure against such loss, injury, or damage unless doing so is impractical. Legal representation and the decision to settle will be made in consultation between the Author and Publisher, and neither may proceed without the approval of the other, not to be unreasonably withheld.
13. Reversion of Rights.
In the event that the Publisher shall be adjudicated bankrupt, or a receiver or trustee shall be appointed for all or substantially the entire Publisher’s assets, or if the Publisher shall seek to take advantage of any insolvency law, this Agreement shall immediately terminate and all rights hereby granted to the Publisher shall revert automatically to the Author.
14. Legal Proceedings.
The parties agree that any suit, action or proceeding, whether claim or counterclaim, brought or instituted by either party relating to the subject matter of this Agreement, shall be tried only by a court and not by a jury. The parties to this agreement expressly waive any right to a trial by jury in any such action or proceeding.
15. Successors and Assigns.
The Publisher may not assign or in any way transfer this contract or the rights granted by it to another person or entity without the written permission of the Author.
16. Additional Information.
The Author agrees to provide current contact information (physical address, telephone number, and email) to the Publisher.
17. Void Provision.
If any term or condition of this Agreement is found by a court of competent jurisdiction to be illegal, unlawful or otherwise unenforceable, the parties agree that such term or condition shall be reformed as nearly as may be possible to carry forth the intentions of the parties and that such illegality, unlawfulness or unenforceability shall not act to void any other term or condition of this Agreement nor to void the Agreement as a whole.
18. Governing Law; Choice of Venue.
This Agreement shall be governed by and construed in accordance with the laws (other than the conflict of law rules) of the Próspera ZEDE (Honduras) Limited Liability Company. In the event of any dispute arising between the parties under this Agreement, venue for such dispute shall be within the Próspera ZEDE (Honduras) Limited Liability Company.
19. Amendment.
This agreement constitutes the entire agreement between the parties, and supersedes all prior writings or oral agreements. This agreement may be amended only by a written agreement clearly setting forth the amendments and signed by both parties.
The parties acknowledge that each has read and understood this contract before execution.