Contributor Terms and Conditions
Below are the terms and conditions (the “Terms”) for your participation in the Brown Beauty Media Inc, d/b/a/ Healing Is The New Sexy (“HITNS”) Contributor Program. For good and valuable consideration (including the opportunity to have the Work (as defined below) published and credited to you if published), the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
- Certain Definitions.
- Confidentiality.
- Ownership of Materials.
- Marketing.
- The Work.
- Publicity Waiver and Release. Contributor hereby gives HITNS and its agents and assignees, full permission and authority to use, publish and display Contributor’s name, voice and photograph or other likeness for advertising, promotion, publicity, trade, sweepstakes or contest promotions, activities, or materials, or other related purposes in any media or embodiment, now known or hereafter developed without additional compensation or consideration.
- FTC Compliance. You will at all times comply with all federal, state and local laws, ordinances and regulations, including but not limited to FTC regulations and industry standards with respect to any promotion of products or services, applicable to this Agreement and your performance hereunder.
- Injunctive Relief. You acknowledge and agree that HITNS will suffer irreparable injury for which remedies at law will be inadequate in the event you breach any of your obligations under these Terms, and HITNS shall, therefore, be entitled (without limitation of any other rights or remedies otherwise available to HITNS) to immediately obtain temporary, preliminary and other injunctive relief from any court of competent jurisdiction prohibiting the continuance or recurrence of any such breach; if a competent court finds you have breached these Terms, you shall pay HITNS all of its costs and expenses, including attorney’s fees, incurred in enforcing the terms of these Terms.
- Disclaimer. The program AND OPPORTUNITY FOR PUBLICATION is made available by HITNS on an “as-is” basis. HITNS does not guarantee any revenue MARKETING EXPOSURE OR OTHER BENEFIT in connection with the program and does not make any representations with respect thereto. HITNS does not make, and hereby disclaims, any and all warranties of any kind, whether express, implied, statutory or otherwise, including without limitation any warranties of merchantability, fitness for a particular use or purpose and non-infringement. HITNS may in its sole discretion, but is not obligated to, conduct any marketing or OTHER efforts. HITNS reserves the right to remove YOU from the program hereunder for any reason at any time.
- Miscellaneous. These Terms, and the rights and obligations herein may not be assigned by you. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the successors and permitted assigns. These Terms contains the entire agreement between the parties relating to the subject matter hereof and supersedes and replaces all previous and contemporaneous agreements between the parties, whether written or oral, relating to the subject matter hereof. These Terms may be modified or amended only in writing, signed by an authorized agent of HITNS and by you. No waiver by either party of any provision or condition of these Terms at any time shall be deemed a waiver of such provision or condition at any prior or subsequent time or of any other provision or condition at the same or any prior or subsequent time. Should any portion of these Terms be held to be invalid or unenforceable in any respect, such holding shall not have the effect of invalidating or voiding the remainder of the Agreement. You and HITNS are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between you and HITNS, and that you have no authority to enter into agreements of any kind on behalf of or otherwise bind HITNS in any manner whatsoever. These Terms shall survive the completion, termination or expiration of your engagement, irrespective of the time, manner, or cause of termination or expiration. These Terms shall be construed in accordance with the laws of the State of New York, without regard to conflicts of laws principles. The New York courts (state and federal) only, will have exclusive jurisdiction over any controversies regarding or arising out of these Terms and the parties hereto consent to such exclusive jurisdiction and venue (and waive any relocation on the basis of forum non conveniens); any action or other proceeding which involves such a controversy will be brought in those courts, in New York County, and not elsewhere.