RENDEROSITY SHOWCASE CD AGREEMENT
August 25, 2006 12:00 am
This Agreement is made between Bondware, Inc. d/b/a Renderosity ("Renderosity")and the person submitting materials for publication ("Contributor"). Renderosity is an online community and publisher of a magazine("Renderosity Magazine"). Contributor has the requisite skills and knowledge to provide creative work such as products, images, manuscripts, articles, tutorials, cartoons, artwork, etc. (the "Content") for publication in the Renderosity Magazine Supplemental CD ("Showcase CD") and other Publications within the 2D/3D industry.
By submitting content to Renderosity, the Contributor agrees on the terms and conditions set forth herein.
1. The Content shall be delivered via the Internet on or before the posted due date for the target issue. Contributors will be notified of current issue deadlines.
2. The Contributor represents and warrants to Renderosity that:
- The Contributor is the sole owner and proprietor of the Content and has the exclusive right, power and authority to make the grant of rights setforth herein.
- The Contributor has not made any agreement with any other party that might conflict in any way with this Agreement.
- The Content contains no matter that is scandalous, libelous, obscene, invasive of others privacy or is otherwise unlawful.
- The Content will not infringe on any statutory copyright, common law literary right or proprietary right of any third party.
- The Contributor agrees to indemnify and hold Renderosity harmless from and against all damages, costs, claims and attorney's fees that Renderosity may incur by reason of the breach or alleged breach by the Contributor of the warranties set forth herein.
3. Renderosity reserves the right:
- Not to publish the Content.
- To publish the Content in such manner, style and format as Renderosity deems appropriate.
- To make such changes, alterations, deletions or corrections in the Content as it, in its sole discretion, deems necessary or appropriate with communications to the Contributor.
- To keep the Content in print only for as long as Renderosity deems expedient.
- To prepare or cause to be prepared and published works on any subject or matter whatsoever even though such publication may compete with the Content.
4. The Contributor grants to Renderosity the right to publish the Content in the Renderosity Magazine and other Publications within the 2D/3D industry.
5. Renderosity may use the Contributor's Renderosity Username on the Content and may use the Content in advertising and promoting Renderosity Community and Renderosity Magazine.
6. This Agreement is the entire agreement between the parties and shall be binding upon and inure to the benefit of the respective heirs, personal representatives, executors, successors and assigns of the parties.
7. In the event of a breach of this Agreement by either party, the non-breaching party shall have available to it all damages allowable at law and equitable remedies, and the breaching party shall be liable to pay the non-breaching party's costs and attorney's fees.
8. This Agreement shall be governed by and interpreted according to the laws of the State of Tennessee. Davidson County, Tennessee shall be the exclusive venue of any legal dispute arising hereunder.
9. This Agreement supersedes all prior agreements between Renderosity and the Contributor
10. The Contributor acknowledges the promotional value of participating in the Renderosity Magazine and other Publications within the 2D/3D industry.
11. This promotional value represents the full extent of the Contributor's compensation under this agreement.
The Contributor agrees to the terms by signing and faxing (615.333.7728) or mailing this agreement to Renderosity at Bondware, Inc., 444 Metroplex Dr. Suite B104, Nashville, TN. 37211.
Contributor Renderosity Username: ________________________________________________
Content Name: __________________________________________________________________
Contributor Signature: ______________________________ Date: _________________