Online Content Author Agreement
From ThemesWiki
By contributing Work to ThemesWiki.org, the Publisher and You agree to the following license.
Contents |
[edit] Parties
1.1 Packt Publishing, whose registered office is at: 32 Lincoln Road, Olton, Birmingham, B27 6PA, UK. ("the Publisher").
1.2 The person or persons who contribute content for online distribution or publication for websites wholly owned or supported by the Publisher. ("the Author").
[edit] Definitions
This License applies to any manual or other work, in any medium, that contains a notice placed by the copyright holder saying it can be distributed under the terms of this License. Such a notice grants a world-wide, royalty-free license, unlimited in duration, to use that Work under the conditions stated herein.
2.1 "The Publisher": The Publisher refers to Packt Publishing, the owners of the platform that the Work is published on.
2.2 "The Author": The Author refers to users who make contributions, modifications or any additions to content, pages or format on the Work that this document covers.
2.3 "The Document": The Document, below, refers to any such manual or work. Any member of the public is a licensee, and is addressed as "you". You accept the license if you copy, modify or distribute the work in a way requiring permission under copyright law.
2.4 "Rights": all vested, contingent and future rights of and in the nature of copyright in all languages and all accrued rights of action and all other intellectual property and other rights of whatever nature in and to the Work whether now known or in the future created to which the Author is now or may at any future time be entitled by virtue of or pursuant to any of the laws in force in each and every part of the Territory.
2.5 "Work": the Work, the objective and specification, consisting of a modification, document or series of documents, collaborations, illustrations, images, program code and products in any media that are substantially derived from the Work.
2.6 "Modified Version": A "Modified Version" of the Document means any work containing the Document or a portion of it, either copied verbatim, or with modifications and/or translated into another language.
2.7 "Territory": the Universe
[edit] Control of Publication and Termination
In submitting any content or changes that become park of the Work, you are licensing your content to Packt who as Publisher will have control whether to publish it and how. If Packt chooses to not use your content, then control over your content returns to you.
3.1 The Publisher shall have the entire control of the manner and terms of publication and distribution of the author’s Work in all languages throughout the Territory.
3.2 The Publisher reserves the right to terminate this Agreement at any time, for no fault on the part of the Author, by giving notice of termination referring specifically to this clause, and if it does so in reliance on this clause, then the following shall apply:
3.2.1 Where compensation has previously been agreed, the Publisher agrees to pay the Author a reasonable sum for work completed and submitted but not selected by the Publisher for inclusion in a published Work, or for work completed but not yet submitted on presentation of that work to the Publisher on request.
3.2.2 The Publisher shall relinquish all rights to the completed or part completed work as detailed in this Agreement, and the Publisher shall have no further liability to the Author whatsoever in respect of the non-publication of the Work, and may arrange for another author to write a work on the same subject.
3.2.3 The Publisher reserves all rights in the Specification, which the Author acknowledges is the exclusive and confidential property of the Publisher.
[edit] Attributions and Use of Online Content
Work on ThemesWiki.org is editable, extendable and replaceable by Authors. Your content and contributions may re-use the existing content from the site This license is distributed under subject to the following conditions:
4.1 You must attribute the Work in the manner specified by the original Author or licensor (but not in any way that suggests that they endorse You or your use of the work).
4.2 The Author assigns the Rights to the Publisher for the term with full title guarantee and by way of present assignment of existing and/or future copyright.
4.3 The use of Packt’s Online Content, including the ThemesWiki.org website, is governed by Packt’s Online Content User License.
4.4 Once the Author's Work is submitted to ThemesWiki.org, it must not be reused, copied, or distributed in full, for commercial or non-commercial works.
4.5 You shall have the right to make freely available on your website any of your Work from ThemesWiki.org that the Publisher makes freely available on its website, provided that You clearly credit the Work as the source of any excerpts that You quote from the Work.
[edit] Modifications
5.1 You may modify Work on ThemesWiki.org, providing that the modifications are relevant and aren’t obscene, blasphemous or libellous or be otherwise unlawful or which will infringe the copyright or any other rights of any third party.
[edit] Author Warranties and Indemnity
By contributing to ThemesWiki.org, the Author warrants to Packt Publishing that:
6.1 The Author will identify all (if any) parts of the Work which are not the Author's sole original work, and with the exception of any such identified parts, the Author is the sole owner of the Rights with full power of its contents.
6.2 The Work contains nothing which is obscene, blasphemous or libellous or is otherwise unlawful or which will infringe the copyright or any other rights of any third party.
6.3 All statements in the Work purporting to be facts are true and any recipe, formula or instruction contained in it will not cause any injury to the person, personal rights or property of the user of the Work.
6.4 The warranties and indemnity contained in this Agreement shall survive its termination or expiry.
[edit] General
7.1 Whole Agreement This Agreement, together with the Schedules and any further documentation expressly agreed by both parties to form part of this Agreement, contains the whole agreement between the parties and supersedes any prior written or oral agreement between them in relation to its subject matter. The parties confirm that they have not entered into this Agreement on the basis of any representations not expressly incorporated into this Agreement. Nothing in this clause shall operate to exclude liability for any fraudulent statement or act.
7.2 Proper law and jurisdiction This Agreement shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
7.3 Waiver The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right subsequently to enforce all terms and conditions of this Agreement.
7.4 Joint and Several Where the Author consists of more than one person, the obligations, warranties, indemnities and rights of all such persons under this Agreement shall be binding upon and granted to all such persons jointly and severally. All payments due to joint Authors under this Agreement shall be made to them in equal shares unless and until all of the Authors shall together instruct the Publisher otherwise in writing.
7.5 Assignment The Publisher may freely assign the benefit of this Agreement.
7.6 Moral Rights
7.6.1 The Author irrevocably and unconditionally waives all of his moral rights in respect of the Work under the laws in force from time to time throughout the Territory.
7.6.2 The Author hereby consents to the modification by the Publisher of the Work and to the publishing and exploitation of the Work in hard copy format, electronic copy format, whether as a whole or in part, whether or not modified in any way, and whether or not in conjunction with other material not created by the Author.
