Agreement - BrainFood To Go

NOTICE OF AGREEMENT

Please read carefully before submitting written or recorded material

By virtue of forwarding your written and/or recorded material to BrainFoodToGo.com, you are granting and assigning to Electromedia Technologies LLC, Center for Business Ownership Inc., Brass Tacks Publishing Inc., and BrainFoodToGo.com, the non-exclusive right and license to manufacture, market, give away, or distribute in any manner or under any terms, conditions or price, written content or audio and/or video recording(s) consisting of a narrative reading or a dramatic presentation of an extract from the material you provide. Further, you are granting the right to edit or condense your contribution and combine it, in compendia form, with similar materials submitted by others for presentation on the Internet and in books, articles, and electronic recordings with the condition that you will receive attribution for the used material(s).

Materials offered on this site are intended for the personal use and edification of entrepreneurs, business owners, managers, students and the professionals and educators who serve them.

In addiction, you acknowledge by virtue of your submission of content that materials posted on the BrainFoodToGo.com web portal may be reproduced, unedited, by teachers, authors, speakers, journalists, publishers, trainers, web masters, distance learning instructors, and commentators who provide educational and informational services to the business and academic communities, provided that:

Extracts of up to 100 words provide nominal credit to the original author.

Where an item is used in its entirety by a third party, the user must notify and nominally cite the original author, provide a URL or e-mail link to the author, and include the author’s or original publisher’s copyright notice, if applicable.

Submitted materials are not resold except as a component of a newspaper, a magazine, a news broadcast, and educational materials which include, but are not limited to, printed or digital compendia, syllabi, distance learning curricula, articles, reference books, textbooks, e-books, and multi track CDs and DVDs.

In addiction, you further acknowledge by virtue of your submission of content that the right and license herein granted shall continue in perpetuity or until such time as either party terminates this agreement in writing. Either party may terminate, at any time, this entire Agreement by executing confirmed notice to the other party. Electromedia Technologies LLC, Center for Business Ownership Inc., Brass Tacks Publishing Inc., and BrainFoodToGo.com, will enjoy a reasonable time to effect such discontinuance but is not obligated to remove the content affected by termination from already published and/or distributed materials.

Electromedia Technologies LLC, Center for Business Ownership Inc., Brass Tacks Publishing Inc., and BrainFoodToGo.com, agree to include notice of any copyrights, trademarks or other claim of intellectual property rights you have obtained with respect to your submission.

In consideration for your submission, Electromedia Technologies LLC will, during the term of this Agreement, offer, at its sole discretion, said recorded production for at least thirty days cumulative, but not necessarily consecutive, on its principal web site or other distribution outlet it owns, licenses or controls and allow it to be accessed or downloaded free of charge during that time.

Electromedia Technologies LLC, Center for Business Ownership Inc., Brass Tacks Publishing Inc., and BrainFoodToGo.com, reserve the right to re-format and re-edit submissions to accommodate the standards expected by their audiences and to ensure that the resulting printed material or audio / video production is user-friendly to a reader/listener/viewer. In cases where the original Content exceeds recommended lengths, Electromedia Technologies LLC reserves the right to abridge it to accommodate the required reading/listening/viewing time parameters.

By virtue of submitting material, you are representing that you are the sole owner of the rights to it and that the submitted material does not infringe on any existing copyrights that are not your property. You are also representing that, to the best of your knowledge, the material you are submitting contains no libelous or other unlawful matter. You are also agreeing to indemnify Electromedia Technologies LLC, Center for Business Ownership Inc., Brass Tacks Publishing Inc., and BrainFoodToGo.com, against any claim, demand, or recovery finally sustained in any proceedings brought against Electromedia Technologies LLC or BrainFoodToGo.com by reason of any violation of proprietary right, copyright and any unlawful or slanderous matter contained in the material you have submitted.

This Agreement shall be binding on and inure to the benefit of the successors and assignees of Provider and Electromedia Technologies LLC.

Any controversy or claim arising out of this Agreement or any mutually executed amendment to it, or any breach thereof, shall be settled by arbitration in accordance with the rules then in force of the American Arbitration Association, and Arbitration shall be held in the City of Naples, Florida, unless otherwise agreed by the parties.