AGREEMENT

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:

  1. (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.
  2. (b) The Journal. This Agreement pertains solely to publication of The Work in a single journal on the theme of Fernweh tentatively to be titled Fernweh, Pomme Journal
  3. (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.
  4. (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.
  5. (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.
  6. (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.
  7. (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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. The Author will be credited on the table of contents page and at the beginning of the story.
  15. Regardless of its place of execution, this agreement shall be interpreted under the laws of the State of Kansas.
  16. 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.
  17. 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.
  18. 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.
  19. 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.
  20. The parties acknowledge that each party has read and understood this contract before execution.

TERMS AND CONDITIONS

BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS (“TERMS”) BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT USE THIS WEBSITE.

GENERAL USE RESTRICTIONS

Pomme Journal, or third parties granting rights to Pomme Journal, holds all right, title and interest in and to the information and content on this website (“Website”). These materials, including, but not limited to, (i) the company names, trade names, logos and designs (“Trademarks”) owned by Pomme Journal (including Pomme Journal); (ii) other trademarks appearing on the Website; and (iii) text, art and audio content, are protected by copyright, trademark and other intellectual property laws.

Except as expressly authorized herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the content on this Website in any manner. You are expressly prohibited from using any Trademarks, except as provided in these Terms, and nothing otherwise stated or implied on the Website confers on you any license or right to do so.

Unauthorized use of this Website or misuse of any content posted on this Website is strictly prohibited. Unauthorized use of any Trademarks is prohibited under the trademark laws of the United States and other countries. The limited permission granted by these Terms and Conditions terminates automatically, without notice to you, if you breach any of these Terms.

UPDATES AND REVISIONS TO CONTENT & POLICIES

Pomme Journal publishes and promotes a wide range of voices and viewpoints. We intend to foster an open exchange of ideas, but we reserve the right in all instances to remove content from our website, other online/digital platforms, and/or printed content (or to not publish content) that we deem objectionable or offensive, or which we believe features items which do not meet Pomme Journal’s standards of ethics and social responsibility. In addition, we reserve the right to modify or delete content on our Website, other online/digital platforms and/or printed content due to changes in our editorial direction or vision or for other reasons.

We may also modify these Terms (or our other policies) or the information on this Website without notice at any time, and such modifications shall be effective immediately upon posting of the modified Terms, policies, information or content on this Website. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of this Website shall be deemed your conclusive acceptance of the modified Terms.

COMMENTS

Pomme Journal reserves the right to at any time, without notice, and in our sole discretion: (i) edit any comments you provide to the Website in response to a blog posting (“Comments”); (ii) not include any such Comment on the Website; (iii) remove some or all of any such Comment from the Website and from any other form of media; and (iv) terminate your ability to post Comments to the Website.

Your Comments may not include any material that (a) defames, threatens, harasses, abuses or slanders any person; (b) invades or infringes any person’s rights of privacy or publicity; (c) violates copyrights or other intellectual property rights or that is otherwise unlawful; (d) is sexually explicit or obscene; (e) constitutes advertisements; or (f) solicits business.

When you provide a Comment to the Website, you agree to accept sole responsibility for, and assume all liability (including for claims of infringement, libel and slander) associated with such Comment, including the information, statements, facts, and material contained therein.

By providing a Comment to the Website, you grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive and freely sublicenseable right and license to use, reproduce, publish, translate, create derivative works from, distribute, and display your Comment anywhere, for any purpose, whether commercial or non-commercial, and in any form, media or technology now known or later developed.

THIRD-PARTY INTERACTION AND LINKS TO THIRD-PARTY WEBSITES

Opinions and other statements expressed by contributors are theirs alone and not opinions of Pomme Journal. Content created by any contributor is the sole responsibility of the contributor and Pomme Journal does not guarantee its accuracy and completeness.

This Website may contain links to third-party websites that are not under our control or third parties may link to this Website. Links to or from a third-party website do not imply any affiliation between us and the website owner, or an endorsement, approval, or verification by us of any information or content available on such third-party websites. You agree that we are not responsible or liable for the accuracy or completeness of the content on any such third-party websites. These third-party websites may have a privacy policy different from ours and such third party websites may provide less security than this Website. By providing access to other websites, we are not recommending the purchase or sale of products or services provided by the sponsoring organization of any linked website.

SEVERABILITY

If any provision or portion of these Terms is held in whole or in part to be unenforceable for any reason, the remainder of that provision and the Terms will be severable and will remain in effect to the extent consistent with the intent of the Terms.

DISCLAIMER OF WARRANTIES

THIS WEBSITE AND ANY INFORMATION OR CONTENT CONTAINED IN THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. WE MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THIS WEBSITE AND WE EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN ITS INFORMATION AND CONTENT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED. CONTRIBUTORS, AND NOT SLICE LITERARY, INC., ARE SOLELY RESPONSIBLE FOR THE CONTENT THEY CONTRIBUTE TO THE WEBSITE.

WE MAKE NO WARRANTY THAT (i) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (ii) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; OR (iii) DEFECTS WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.

TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS ON THIS WEBSITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

NO LIABILITY

IN USING THIS WEBSITE, YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES ARISING FROM OR CONNECTED WITH THIS WEBSITE OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

INDEMNIFICATION

You agree to indemnify, hold harmless and, at our option, defend Pomme Journal and our officers, directors, employees, agents and representatives from any and all third-party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms, your infringement of any intellectual property or other right of any person or entity, or any Comment you provided to the Website.

DMCA NOTICE

The Digital Millennium Copyright Act (“DMCA”) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that your copyrighted work has been reproduced on our Website without authorization in a way that constitutes copyright infringement, please notify this Website’s Designated Agent:

Alicia at Pomme Journal: pommejournalcomm@gmail.com

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(3)) before sending your claim.