Terms of Use for Members of The Remembering Site
1. Parties
By registering as a member, user, and author of The Remembering Site, you hereby enter into an agreement between you as the author ("author") of a Remembering Site biography and The Remembering Site, an organization of Women with 2020 Vision, a 501 (c) 3 non-profit organization with its principal offices at 1300 N Street, Northwest, Suite CH 21, Washington, DC 20005 ("publisher") for the work listed at the end of this agreement.
2. License to Share and Publish
(a) Make Your Work Available for Others to Read at The Remembering Site
By clicking "I authorize The Remembering Site to make a public record of my autobiography available on the site for others to read." and "Make my biography available to the public", you authorize The Remembering Site to make your work available for others to read at The Remembering Site. If you do not click these buttons, your work will not appear at The Remembering Site and will remain confidential.
There is no guarantee that your work will appear on The Remembering Site. Publisher reserves the right, in its sole discretion, not to accept a submission to make available at The Remembering Site. In such event, The Remembering Site will inform the author that his or her work will not be made publicly available at The Remembering Site.
(b) Publish Your Work in Print Format
iUniverse is the printer and co-publisher of printed Remembering Site biographies. By entering into a publishing contract with iUniverse, you will grant iUniverse the non-exclusive, worldwide license to print, publish, distribute and sell the work in print form in the English language. The author also grants to the publisher the right to make excerpts from the work viewable on the iUniverse publisher's web site, The Remembering Site web site, or partner web sites that have entered into agreements with the publishers, in order to facilitate sales of the work. Please read the entire publishing agreement for Members of the Remembering Site and iUniverse at http://www.iuniverse.com/book-publishing/publishing-trs-select.htm.
(c) Share Your Work Via E-Mail
By clicking "Click here to e-mail your biography to friends and family. There is no charge to share your life story via e-mail.", you can send an e-mail message inviting your loved ones to read your online autobiography. You will need the person's name, e-mail address, and establish a password created by you. By sending an invitation for others to read your biography, you authorize others to read your work. Your work will never be sent via e-mail to others without you doing so yourself.
3. Storage and Housing
Author grants to the publishers the right to store, use, transmit and distribute electronic copies of the work as required to facilitate the storage of your work in our electronic archives. Your work will never be made public unless you expressly authorize it to be shared with others, printed in book form, or published at The Remembering Site.
4. Other Rights
All rights not expressly granted to the publisher are reserved to the author.
5. Term
Publisher's rights shall extend for three (3) years after the date of registering to become a member of The Remembering Site. The agreement will automatically renew for consecutive one (1) year terms if neither party gives at least thirty (30) days advance written notice, prior to the end of the then-current term, that such party desires to terminate.
6. Author's Right of Termination
Author shall be entitled to terminate this agreement effective thirty (30) days after publisher's receipt of a written termination notice. Upon the effective date of such termination.
7. Royalties
The Remembering Site does not charge for others to read the work featured at The Remembering Site. Thus, no royalties will be paid. Author will be paid royalties for books published with iUniverse, as set forth in Schedule A of iUniverse's Publishing Agreement.
8. Author Warranties
Author represents and warrants the following to the publisher:
(i) The author is the sole author of the work, and the sole owner of the copyright in the work; the author is either the sole owner of the copyright in any associated cover or interior graphics supplied by the author for the work or has secured written permission (which the author will furnish to the publisher together with any required third party credits) to use the same in the work; and the author has full power, authority and right to enter in to this agreement and to grant the rights herein granted.
(ii) This agreement does not conflict with any arrangements, understandings, or agreements between the author and any other person or entity.
(iii) The work is not in the public domain and is entirely original except for portions thereof for which legally effective written license or permissions have been secured.
(iv) The work and all rights therein are free of liens, claims, interests, or rights in others of any kind.
(v) The work as submitted, and its publication by the publishers, do not and will not violate or infringe upon any personal or proprietary rights, including, without limitation, copyrights, trademark rights, trade secret rights, contract rights, privacy rights, or publicity rights of any other person.
(vi) The work is not defamatory or obscene, or in any other way illegal; and any recipes, formulae, instructions, or recommendations contained in the work are not and will not be injurious to any reader, user, or any third person.
(vii) All information is accurate.
9. Indemnification
Author agrees to indemnify and hold harmless the publishers, its affiliates and any seller of the work from and against any losses, lost profits, damage, liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable attorney's fees and court costs) arising from, connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth in paragraph 9 above, but the author shall not be liable for any matter inserted in the work by the publishers or its licensees. All representations, warranties, and indemnities made by the author herein shall survive termination of this agreement.
"Affiliates" means owners, shareholders, officers, directors, employees, parents, subsidiaries, affiliated companies or organizations, licensees, distributors, advertisers, Internet service providers, attorneys, and accountants and any other person or entity to whom the publishers extend representations and warranties to in connection with the production, dissemination, transmission, promotion, publication, or distribution of the werok or the exercise of any rights therein or derived therefrom.
In defending any such claim, action or proceeding, the publisher shall have the right to defend with attorneys of its own selection and to settle the same and the author shall fully cooperate in the defense thereof.
10. Copyright Infringement
If during the term of this agreement, the copyright in the work is infringed, author hereby authorizes publishes, at publisher's sole expense, to commence an action for copyright infringement in author's name. Any recoveries from such litigation shall be applied first to reimburse publishers for expenses incurred in such litigation and thereafter any remaining balance shall be divided equally between publishers and author. Publisher shall have no liability to author if publisher elected, in its sole discretion, not to commence such an action. If publisher does not bring such an action, author may do so at author's sole expense.
These terms shall be governed by the internal laws of the State of New York as a contract fully executed, without regard to conflict of laws rules, and shall be binding upon the heirs, executors, administrators and assigns of the author and upon the successor and assigns of publishers. Any assignment by author without the publishers' prior written consent, such consent not to be unreasonably withheld, shall be null and void.
This agreement together with the portions of publishers' web sites referred to above represent the complete understanding between the parties as to its subject matter and supersede all prior understandings, if any, as to its subject matter. No modifications, amendment, or waiver shall be valid or binding unless made in writing and signed by all parties hereto.
By registering as a user of The Remembering Site, the author agrees to all the terms and conditions in this agreement. Questions or comments can be submitted to therememberingsite@gmail.com.