By submitting work for consideration to be published in Pomme Journal, you are acknowledging the
following:
Memorandum of Agreement
This Agreement made between Pomme Journal and its successors and assigns, hereinafter referred to as
the JOURNAL, and contributors to the publication, hereinafter referred to as the AUTHOR. The parties
agree as follows:
- (a) The Work. This Agreement pertains solely to the Author's textual work. The Work ranges from
600-3,000 words in length. The Work is an original work.
- (b) The Journal. This Agreement pertains solely to publication of The Work in a single journal on the theme of Love tentatively to be titled Put Into Words, My Love: A Petite Pomme by Pomme Journal
- (a) Limitations On Scope Of Grant of Rights.
(i) This Agreement is not a transfer of the copyright to the Work, and the Author retains all copyrights in
and to the Work.
(ii) This Agreement does not permit the Journal to publish the Work in any other publication unless
explicitly granted by This Agreement or a separate written agreement.
- (b) All rights not expressly granted by the Author in this agreement reside exclusively with the Author.
Any rights that may be developed after the date of this Agreement shall reside exclusively with the
Author.
- (a) Print Rights ORIGINAL: The Author grants first rights in the Work to the Journal for inclusion in the
Journal, for publication in the English language in the United States on or before November 10 th , 2019.
- (a) Print Rights REPRINT: The Author grants non-exclusive rights in the Work to the Journal for
inclusion in the Journal, for publication in the English language in the United States on or before
November 10 th , 2019.
- (b) Electronic Rights ORIGINAL: The Author grants first world electronic rights to the Journal to include
the Work in the Journal, for publication in the English language in the United States on or before
November 10 th , 2019.
The rights granted under the terms of this paragraph shall be exclusive for a period of 6 months
following the first date of publication under this paragraph and non-exclusive thereafter.
- If Author has granted first rights and/or exclusive rights for a limited period of time, Author agrees not
to publish or to enter into any agreement giving any other the right to publish the Work, during the time
of the grant, in the English language in the United States prior to its initial publication in the Journal and
throughout the exclusivity period granted to the Journal thereafter, without the prior written
permission of the Journal. If the Work is selected for a “best of the year” or an awards anthology, the
Journal agrees to waive this clause, provided the Author gives the Journal prior written notice of the
selection by such an anthology.
- For the rights granted to the Journal in this Agreement, the Author shall receive one free copy of the
first print edition of the anthology.
- Arising under and terminating with the grant of rights to the Work in this Agreement, the Author
grants Journal the right to use the Author’s name, image, likeness, and biographical material for all
advertising, promotion and other use of the Work. The Author shall provide the Journal with a
photograph of the Author and appropriate biographical material for such use. The Journal shall use only
the Author’s name, image, likeness and biographical material provided and approved by the Author.
- The Author warrants that, as of the date of executing this agreement, he or she is the sole author of
the Work; that he or she is the owner of all the rights granted to the Journal hereunder and has full
power to enter into this agreement and to make the grants herein contained; that the Work is original
and any prior publication of the Work in whole or in part has been fully disclosed to the Journal and that
to the best of the Author’s knowledge the Work does not infringe upon any copyright or upon any other
proprietary or personal right of any person, firm or corporation.
- The Author will indemnify the Journal against any loss, injury, or damage finally sustained in a court of
law (including any legal costs or expenses and any compensation costs and disbursements paid by the
Journal) incurred by the Journal in connection with or in consequence of an intentional breach of one or
more the foregoing warranties. Legal representation and the decision to settle will be made in
consultation between the Author and Journal, and neither may proceed without the approval of the
other, not to be unreasonably withheld.
- The volume as a compilation shall be copyrighted in the name of the Journal. Acknowledgment of the
Author’s copyright shall appear in the Journal in the Author’s name or designated pseudonym.
- The Author will be credited on the table of contents page and at the beginning of the story.
- Regardless of its place of execution, this agreement shall be interpreted under the laws of the State
of Kansas.
- The parties agree that any suit, action or proceeding, whether claim or counterclaim, brought or
instituted by either party relating to the subject matter of this Agreement, shall be tried only by a court
and not by a jury. The parties to this agreement expressly waive any right to a trial by jury in any such
action or proceeding.
- VENUE. The parties agree that any action to enforce this Agreement shall be brought in the
appropriate state or federal court in the State of Kansas, and that such court shall have personal
jurisdiction over each of the parties.
- AMENDMENT. This Agreement constitutes the entire Agreement between the parties, and
supersedes all prior writings or oral agreements. This Agreement may be amended, only by a written
agreement clearly setting forth the amendments and signed by both parties.
- VOID PROVISION. If any term or condition of this Agreement is found by a court of competent
jurisdiction to be illegal, unlawful or otherwise unenforceable, the parties agree that such term or
condition shall be reformed as nearly as may be possible to carry forth the intentions of the parties and
that such illegality, unlawfulness or unenforceability shall not act to void any other term or condition of
this Agreement nor to void the Agreement as a whole.
- The parties acknowledge that each party has read and understood this contract before execution.
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