Thank you for agreeing to provide an article to the Commercial Vehicle Safety Alliance (“CVSA”). Additional details for the submission(s) can be found here. With respect to your article submission (hereinafter referred to as the “Work(s)”), CVSA requests the following rights and covenants from You (and you will be identified herein as “You” or with “your”) as set forth in this Content Submission Agreement (the “Agreement”). Please review the following carefully and do not submit your Work(s) if you disagree with any legal term or condition of this Agreement.
- License Grant. By providing or submitting your Work(s), You hereby agree to grant to CVSA, those acting under its permission and upon its authority, and those for whom CVSA is acting, a non-exclusive, worldwide license to use the Work(s) through the exercise of any and all rights in the Work(s), including, but not limited to, the right to publish or reproduce the Work(s), including through periodicals or on the world wide web and intranets (and, in particular, the Guardian magazine and the CVSA website(s)), the right to prepare derivative works based on the Work(s), the right to transmit, disseminate, and distribute copies of the Work(s) to the public, the right to perform the Work(s) publicly, and the right to display and promote the Work(s).
- Right to Control. CVSA shall have exclusive, full, and final editorial control over its use the Work(s). Moreover, nothing herein shall be construed as obligating CVSA to use or display the Work(s) in any manner. You also acknowledge and agree that CVSA may, and has the right to, directly or indirectly, include, insert, or place promotional or other materials in proximity to the Work(s) in connection with CVSA’s exercise of the rights granted to it herein.
- Eligibility. To be eligible to submit, You must be at least 18 years old or the legal age of majority, and will, at all times, provide true, accurate, current, and complete information when submitting information or materials to CVSA.
- Waiver and Publicity Release. You hereby waive any right that You may have to inspect and/or approve of CVSA’s use or exploitation of the Work(s). You expressly agree not to bring any suit, claim, or other action against CVSA arising out of its use of the Work(s). Except where prohibited by law, by submitting your Work(s) You consent to CVSA’s use of your likeness, photograph, name, biographical information, or audio (or video) for advertising and publicity purposes in any and all media worldwide without additional compensation or notification. You hereby waive any right to inspect or approve the foregoing, any materials that may be used in connection with the foregoing, or the use to which they may be applied.
- No Right to use CVSA Trademarks. Nothing in this Agreement shall be interpreted as granting You permission to use or display CVSA’s name or any of the CVSA trademarks (including any logo or brand) or rights in any CVSA technologies or intellectual property. Moreover, nothing shall permit You to promote or make any public statement regarding CVSA or its products, programs, operations, or services without CVSA’s prior written consent
- No Compensation. You acknowledge and agree that You will receive no compensation in any form for the development or submission of the Work(s), any use by CVSA, or for any other service or assistance You may provide in connection with the Work(s).
- Representations and Warranties. With respect to the Work(s), You acknowledge and agree that You are solely responsible for rights clearance and accuracy, and You hereby represent and warrant that You own all rights, title, and interest in the Work(s) or have the full right, power, and authority to grant the rights granted herein, free, and clear of any claims, liens, encumbrances, or violations of any other agreement. You also represent and warrant that You are not aware of any investigation, claim, or litigation involving the Work(s); the Work(s) does not violate or infringe the rights of any other party (or person) or the laws or regulations of any government or judicial authority; the Work(s) is accurate to the best of your knowledge; and the Work(s) does not include any libelous, defamatory, obscene, or unlawful material under the laws of the United States. You also represent that You have taken all necessary action to enter into, execute, and perform under this Agreement. In particular, You warrant that You are at least of the legal age of majority and have every right to contract in your own name.
- Term. This Agreement will take effect at the moment You accept this Agreement, submit your Work(s), or click “I Agree,” whichever occurs first, and is effective until terminated as set forth below. Unless terminated earlier as provided herein, the term of this Agreement shall be for the duration of the term of copyright protection for the Work(s) in the United States. Notwithstanding the foregoing, this Agreement may be terminated at any time and for any reason by CVSA upon prior written notice. In addition, sections 1, 2, and 4-10 of this Agreement will survive the termination or expiration of this Agreement for any reason.
- Limitation of Liability. YOU AGREE THAT IN NO EVENT SHALL CVSA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO SUBMISSION OR USE OF THE WORK(S) BY YOU OR ANYONE ELSE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CVSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, CVSA IS NOT RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE SUBMISSIONS OF YOUR WORK(S) OR FOR PROBLEMS THAT OCCUR DURING TRANSMISSION OF YOUR WORK(S) TO CVSA. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF CVSA FOR ANY REASON WHATSOEVER RELATED TO YOUR WORK(S) OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED $100 (USD).
- Miscellaneous. This Agreement is governed by the laws of the State of Maryland as applied to agreements entered into and completely performed in the State of Maryland. You also agree that You and CVSA are independent contractors only and that neither this Agreement nor any of its terms and conditions may be construed as creating a partnership, joint venture, employment, or agency relationship with CVSA. This Agreement constitutes the entire agreement between You and CVSA relating to the subject matter hereof and supersedes and replaces any and all prior oral or written agreements concerning the Work(s). No amendments shall be made except in a writing signed by both You and CVSA. This Agreement shall be binding on and shall inure to the benefit of You and CVSA and their respective successors, heirs, and assigns. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. CVSA’s failure to enforce any term or condition of this Agreement shall not constitute a waiver of any right or remedy or of such term or condition. This Agreement may be executed in one or more counterpart copies, including by way of electronic execution, and each of which so executed, irrespective of the date of execution and delivery, shall be deemed to be an original, and all such counterparts, together, shall constitute one and the same instrument.