This General Agreement sets out the Terms and Conditions for any work (e.g. recipe, story, article, image, or photograph) that you share with GoodCoffeePlace or receive a fee for your work.
This General Agreement is quite long but please read carefully.
This General Agreement is designed to fairly protect both your submitted work and the GoodCoffeePlace (ABN 95738427458).
Contents of this General Agreement
This General Agreement has seven parts:
Part 1. Consent to use your contact information.
Part 2. Certify Name and Email. This is where you certify your name and email as being genuine.
Part 3. Certify Ownership of Submitted Property. This is where you certify that the submitted work is your own.
Part 4. Acceptance and Judgment of submitted work
Part 5. Copyright Licence Agreement. This is where you agree to licence your work to GoodCoffeePlace for a fee.
Part 6. Acceptance of General Agreement.
Part 7. Contact Details.
PART 1. CONSENT TO USE CONTACT INFORMATION
I consent to have GoodCoffeePlace store my submitted information so they can respond to my registration and any other inquiry.
PART 2. CERTIFY NAME AND EMAIL
I, (the person registering to submit a written article, recipe, or other intellectual property) certify that my name is genuine and is as typed into the registration form.
I (the person registering to submit a written article, recipe, or other intellectual property) certify that my email address is genuine and is as typed into the registration form.
PART 3. CERTIFY OWNERSHIP OF SUBMITTED PROPERTY
I, the person certified in Part 2 of this agreement, do certify that any work (a written article, a recipe, an image, an infographic, a graph, or a photograph or combination of these items) I submit to GoodCoffeePlace is original, I am the legal owner, and I have not copied any existing content (such as a written article, a recipe, an image, a graph, an infographic, or a photograph) from any other source.
If the work submitted is found, at any time, not to be original and is copyrighted, then the person certified in Part 2 of this agreement agrees to indemnify GoodCoffeePlace, and its owners, against any potential or actual legal action.
PART 4. ACCEPTANCE AND JUDGMENT OF SUBMITTED WORK
Our decision to either accept your work (written article, recipe, image, photograph, or graphics) or judge it as exceptional is final and no correspondence will be entered into.
PART 5. COPYRIGHT LICENCE AGREEMENT
For the purposes of this part of the General Agreement the person certified in Part 1 of the General Agreement will be known as the “Owner” and GoodCoffeePlace (ABN 95738427458) will be known as the “User”. These designations apply to all parts of this Copyright Licence Agreement.
This Copyright License Agreement (this “Agreement”) is made effective as of the date of submitting the registration form and is between the Owner and the User.
This Agreement shall be governed by the laws of Australia. This Agreement will commence on the date of registration by the Owner and continue indefinitely or until either party provides written notice of termination to the other party with a 30 days notice.
In this Agreement, the “Licensed Property” is a written article, recipe, image, photograph, or graphics.
The party granting the right to use the licensed property is the Owner and the party who is receiving the right to use the licensed property is the User.
i. Owner owns all proprietary rights in and to the copyrightable and/or copyrighted works described in this Agreement.
ii. Owner owns all rights in and to the Property, which are not transferred herein, and retains all common law copyrights and all federal copyrights.
iii. User desires to obtain, and Owner has agreed to grant, a license authorizing the use of the Property by the User in accordance with the terms and conditions of this Agreement. The parties agree to abide by the terms as follows:
I. Grant Of Licence
Owner owns the Work In accordance with this Agreement, Owner grants the User a non-exclusive license to Use, Edit, and Format the Work as required for publication.
The Owner retains title and ownership of the Work. User will own all rights to materials, products or other works created by User in connection with this license. This grant of license applies worldwide.
II. Rights And Obligations
User shall be the sole owner of the Work and all proprietary rights in and to the Work; however, such ownership shall not include ownership of the copyright in and to the Property or any other rights to the Property not specifically granted in this Agreement.
User agrees to pay Owner a royalty for conditions as follows: The royalty of at least $10 (depending upon the extent and type of work) will be paid, via PayPal, within seven days of acceptance of the article for publication on the GoodCoffeePlace.com website. Processing of the payment may take longer than seven days depending upon the transferring process of either party. Once the Owner’s work is accepted the User has the right to publish as they see fit.
User may modify or change the Property to suit publishing requirement, schedules, or to obey local laws. Licensee (GoodCoffeePlace) shall not use Licensed property for any purpose that is unlawful or prohibited by these Terms of the Agreement.
V. Defaults On Agreement
If User fails to abide by the obligations of this Agreement, including the obligation to make a royalty payment when due, Owner shall have the option to cancel this Agreement by providing 30 days written notice to User.
User shall have the option of taking corrective action to cure the default to prevent the termination of this Agreement if said corrective action is enacted prior to the end of the time period stated in the previous sentence.
There must be no other defaults during such time period or Owner will have the option to cancel this Agreement, despite previous corrective action.
Neither party makes any warranties with respect to the use, sale or other transfer of the Property by the other party or by any third party, and User accepts the product “AS IS.”
In no event will the User be liable for direct, indirect, special, incidental, or consequential damages, that are in any way related to the Property.
VII. Transfer Of Rights
Neither party shall have the right to assign its interests in this Agreement to any other party, unless the prior written consent of the other party is obtained.
Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney’s fees, which arise from any alleged breach of such indemnifying party’s representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims.
The indemnifying party shall have the sole right to defend such claims at its own expense. The other party shall provide, at the indemnifying party’s expense, such assistance in investigating and defending such claims as the indemnifying party may reasonably request. This indemnity will survive the termination of this Agreement.
This Agreement may be modified or amended, only if the amendment is made in writing and is signed by both parties.
This Agreement may be terminated by either party by providing 30 days written notice to the other party. This Agreement will terminate thirty (30) years from the date of submitting the registration form by the Owner.
i. Upon termination or expiration of this Agreement, Licensee User shall cease reproducing, advertising, marketing and distributing the Work as soon as is commercially feasible. Licensee shall have the right to fill existing orders and to sell off existing copies of the Work then in stock.
ii. Termination or expiration of this Agreement shall not extinguish any of Licensee’s or Copyright Owner’s obligations under this Agreement including, but not limited to, the obligation to pay royalties which by their terms continue after the date of termination or expiration.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This General Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
PART 6. ACCEPTANCE OF GENERAL AGREEMENT
By clicking on the “I accept” button of the registration form (which then electronically submits the registration form,) or by submitting the work, the Owner signifies understanding of this agreement and that this Agreement is effective as of the date of submission of the registration form.
PART 7. CONTACT DETAILS
We encourage you to contact GoodCoffeePlace with questions or comments about our products and services.
If you have any questions or inquiries concerning any of the Terms and conditions of this General Agreement, you should contact GoodCoffeePlace by e-mail at firstname.lastname@example.org.
12816 Inglewood Ave #755 Hawthorne, CA, 90250
PO Box 103 Subiaco 6904 West Australia
Copyright 2019 – GoodCoffeePlace (ABN 9573842745)
END OF GENERAL AGREEMENT