Content and Intellectual Property Rights Policy
Notanotherguide LLC d/b/a Notanotherguide.com (collectively, "Notanotherguide") depends, in large part, on the submissions of its independent authors and contributors ("you"). By posting, uploading, submitting or otherwise contributing reviews, information, opinions, or any other content (collectively, "content"), you agree to the terms and conditions of this policy, as it may be amended from time to time.
1. License of IP Content
a. For content that is covered by intellectual property rights, including, but not limited to opinions, expression, information, reviews and similar written works, as well as images and/or video (collectively, "IP content"), you specifically understand and agree as follows.
i. You retain ownership of the copyright in any IP content you contribute. You also retain the right to license the use of your IP content, subject to and consistent with this Policy, and any limitations herein.
ii. You grant Notanotherguide a transferable, sub-licensable, royalty-free, worldwide license to use, in perpetuity, in any form and through any means now known or hereafter devised, any content, including IP content, that you contribute on or in connection with Notanotherguide websites ("IP License"). You understand that such use includes, but is not limited to, publication on the Internet and in print format, whether or not for profit or for a fee.
iii. You agree that, for a period of ninety (90) days, the IP License shall be exclusive to Notanotherguide, and that you may not publish or reproduce, or authorize or license the publishing or reproduction of, the same or substantially similar IP content with any other person or entity, at any other location, or in any other form. Upon the expiration of the 90-day exclusivity period, Notanotherguide shall retain a non-exclusive IP License to the IP content, subject to Section 1(a)(vii), below.
iv. You understand and agree that Notanotherguide reserves the exclusive right to decide whether or not to publish any content, including content contributed by you.
v. As an author, you agree to be attributed by Notanotherguide in a manner to be determined by Notanotherguide in its sole discretion.
vi. As licensee, Notanotherguide shall have the right, but in no event the obligation, to pursue claims against third parties related to your IP content. You understand that Notanotherguide cannot control third parties, and Notanotherguide shall not be liable or responsible for any use of your content or IP content by any third party. If Notanotherguide elects, in its sole discretion, to pursue any third party related to your content or IP content, you understand and agree that Notanotherguide shall have the exclusive right to recover and receive any damages or other relief awarded or received as a result thereof, and that you shall have no right to payment or reimbursement from Notanotherguide.
vii. By contributing IP content, you grant to Notanotherguide an indefinite, irrevocable option to purchase an exclusive license of your IP content for 75 cents per word. You further agree that Notanotherguide may exercise this right by issuing and mailing, to the address you have provided, a check for the total amount thereof, and that Notanotherguide's exclusive license shall be effective upon placing said check in the mail to your address. Alternatively, if you have provided no valid address, Notanotherguide may exercise this option by providing written notice to you, via email, that it has exercised this option, and the exclusivity period will be deemed to have commenced upon mailing of the check or transmission of the email, whichever occurred first. If Notanotherguide exercises its right under this subsection during the initial 90-day exclusivity period, then the period of Notanotherguide's exclusive license shall be deemed to have commenced at the time of the contribution of your IP content. In either event, the exclusive license shall remain in effect throughout the duration of the copyright.
viii. As explained in this Policy, Notanotherguide reserves the right to, among other things, print and sell your contributed IP content for profit. If Notanotherguide exercises that right, it may, in its discretion, and subject to Notanotherguide policies and procedures then in place, decide to distribute a portion of its net profits to one or more of its contributors. You understand that you otherwise have no right to payment for your contribution.
2. Protecting Other People's Rights
a. We respect other people's rights, and expect you to do the same.
b. By contributing content, you recognize and agree that:
i. You will not contribute content or take any action on Notanotherguide websites that infringes or violates someone else's rights or otherwise violates the law.
ii. We can remove any content or information you contribute to Notanotherguide for any reason, including, but not limited to, if we believe, in our sole discretion, that it violates this Policy, or if a third party claims that your contribution violates the Policy.
iii. If we remove your content and you believe we removed it by mistake, we will provide you with an opportunity to address that issue. Please see our Trademark and Copyright Infringement Policy.
iv. You will not use our copyrighted material or trademarks or any substantially similar material or confusingly similar marks, without our written permission.
v. If you collect information from users or other third parties, you will: obtain their consent, make it clear that you (and not Notanotherguide) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
vi. You will not contribute material that includes anyone's private personal information or sensitive financial information on Notanotherguide.
c. You represent and warrant that you possess all necessary legal rights to any and all IP content contributed by you, and agree to indemnify Notanotherguide if that is not the case, or if you or your contribution violates the terms of this policy or applicable law.
i. Notanotherguide reserves the right to verify the accuracy of your contribution, as well as the right not to verify the accuracy of your contribution.
ii. You understand and agree that Notanotherguide is not, and shall not be, responsible for inaccurate or misleading information or any wrongdoing contained in or associated with your contribution.
iii. In no event shall your contribution contain any of the following types of content (the determination of which shall be made by Notanotherguide, in its sole discretion):
1. pornographic, obscene or profane content;
2. gambling;
3. illegal activity;
4. drug paraphernalia or drug-related; or
5. hate, violence or racial or ethnic intolerance.
iv. By contributing content to or for Notanotherguide, you grant to Notanotherguide, its employees, principals, and agents, immunity from all liability arising from your contribution. You are responsible for securing permission to use any copyrighted or trademarked material, including written expression, graphics, quotations, logos, and images, within your contribution. Notanotherguide, its employees, principals, and agents, therefore disclaim any and all responsibility for copyright violations, defamation, and any other form of liability arising from your contributed content or from any material linked to/from the content. You agree to indemnify and hold Notanotherguide, its employees, principals, and agents harmless from any claims of copyright infringement, defamation, and/or other alleged wrongdoing in connection with your contribution. You agree that any dispute between you and Notanotherguide or its successors or assigns, which is in any way related to this policy, your content/IP content, or your contribution, shall be litigated exclusively in state or federal courts of Connecticut, USA, and that Connecticut law and U.S. law shall apply. If Notanotherguide prevails against you with respect to any claim, you agree to reimburse Notanotherguide for all of its fees and costs expended, including attorneys' fees. You further agree to accept service upon transmission by Notanotherguide of a summons and complaint via any means of contact provided by you to Notanotherguide.
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