Memorandum of Agreement
This agreement is made between Sun Star Lit, LLC, and their successors and assigns, hereinafter referred to as the PUBLISHER, and the work creator, hereinafter referred to as the AUTHOR.
The parties agree as follows:
- The Author grants permission for the Publisher to include their accepted submission, hereinafter referred to as the WORK, in Sun Star Review, for publication in the English language in all countries throughout the world.
- (a) If the Work has not been published elsewhere, the Author grants the Publisher:
(i) exclusive first English language print and electronic rights worldwide for a period of six (6) months from the date of publication, but not for a period of more than 12 months from the date of this agreement notwithstanding the actual date of first publication; and
(ii) non-exclusive English language rights to retain and archive the Work on the Publisher’s website in perpetuity after expiration of the rights defined in clause (a); and
(iii) the non-exclusive right to include the Work in any re-print, in any format, of any complete issue of Sun Star Review in which the work originally appeared.
(b) If the Work has been previously published elsewhere (reprint), the Author grants the Publisher: non-exclusive English language print and electronic rights worldwide for a period of 12 months from the date of execution of this agreement, as well as the non-exclusive rights described above in clauses 2(a)(ii) and 2(a)(iii).
- If the work is selected for a “best of” anthology, the Publisher agrees to waive any exclusive rights granted to it by Author that conflict with the anthology publication, provided the Author gives the Publisher prior written notice of the selection by such an anthology.
Promotions, Advertising, and Media
- The Author grants Publisher the right to use the Author’s name, likeness, and biographical material for all advertising, promotion, and other purposes related to use of the Work in Sun Star Review.
- The Publisher agrees to provide Author with two contributor copies of any publication in which the Work appears, including electronic formats. If Publisher subsequently reprints any such electronic publication in a tangible print format, Publisher will provide Author two copies of that print edition.
Author’s Warranties, Representations, and Indemnities
- (a) The Author warrants that they are they are the sole author of the Work; that they are the owner of all rights granted to the Publisher herein and have full power to enter into this agreement 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; that the Work does not violate the right of privacy of any person; that, to the Author’s knowledge, it is not libelous and contains no matter which is libelous, in violation of any right of privacy harmful to the user or any third party so as to subject the Publisher to liability or otherwise contrary to the law; and that it does not infringe upon any copyright or upon any other proprietary or personal right of any person, firm or corporation.
(b) The Author will indemnify the Publisher and defend the Publisher against all claims, loss, injury, damages, fees, penalties, demands, or suits related to these warrants. The Author will compensate the Publisher for any loss or damage, and for any sums payable in settlement of any claim or judgment, including counsel fees, resulting from a breach or alleged breach of such warranties.
Changes in Text or Title
- The publisher will make no material alterations to the Work’s text or title without the Author’s written approval in e-mail or hardcopy. The Publisher reserves the right to make minor copyediting changes, including conforming the style of the text to its customary form and usage.
- Copyright in the Work remains with the Author. All rights not otherwise specifically granted herein remain with the Author. At the expiry of any limited term grant in this agreement, all pertinent rights revert to the Author, subject to any continuing grants specified in this agreement.
- The Publisher agrees to list a proper copyright notice for the Work in the name of the Author accompanying the published Work, whether published in whole or part, in any publication format (including electronic or print publication).
- The Author will be credited on the table of contents and at the beginning of the Work.
- The terms and provisions of this Agreement constitute the entire Agreement between the parties and supersede all previous communication and agreements, either oral or written.
- The parties agree that this agreement shall be interpreted under the laws of the State of Oregon.
The Parties acknowledge that each party has read and understood this agreement before execution.