This Obituary Contributor License Agreement (“Agreement”) is entered into between the Informed California Foundation, Inc. (“Informed California” or “Open Vallejo”) and Contributor (“You”).
We at Informed California are grateful that you have chosen our newsroom to honor your loved one. Informed California and You agree to the following terms:
1. Informed California provides this service free of charge, in consideration for rights to writings, video, audio, data, photographs and/or artwork created by You (the “Work/s”). In exchange, You hereby grant to Informed California a license (“License”) to exercise the rights set forth in Section 4 below with respect to the Work/s.
2. You acknowledge that Informed California is under no obligation to publish, post or otherwise distribute any Work/s submitted by You. You further acknowledge that while Informed California may review the Work/s in its sole discretion, Informed California is under no obligation to review, screen, or edit the Work/s.
3. If Informed California accepts the Work/s for publication, Informed California will endeavor, but is not required, to publish the work within five business days of acceptance of the work.
4. Informed California will have the following rights to each Work/s accepted by Informed California:
a. The worldwide right to display in whole or in part, reproduce, distribute, perform, and create any derivatives of the Work/s, or any portion of the Work/s, and license others to do so, in any current or future medium, non-exclusively, in perpetuity. You understand and agree that this and other written work licensed to Informed California may at Informed California’s sole discretion be subject to a Creative Commons license. By signing this agreement, you expressly consent to the assignment of a Creative Commons license to the Work/s, at the sole discretion of Informed California.
c. Informed California may use the Work/s and Your name, likeness, and biographical material to promote the Work/s. Informed California may keep the Work/s and other biographical materials in its archives and may publish these items with its partner organizations in any present or future medium, including on branded social media.
5. You will own and retain all right, title and interest in and to the Works subject to the license granted herein. Informed California will own and retain all right, title and interest in and to all Adaptations of the Work/s made by Informed California or by any third party for the benefit of, Informed California, subject to Your rights in the underlying Work/s.
6. Informed California will have the right to edit or modify each Work as it sees fit. You will cooperate fully in any editing and/or fact-checking processes, if applicable.
7. You acknowledge that You may be furnished or may otherwise receive or have access to confidential information which relates to Informed California (collectively, the “Proprietary Information”). You agree to preserve and protect the confidentiality of all Proprietary Information and all physical forms thereof, whether disclosed to You before this Agreement is signed or afterward. In addition, You shall not disclose or disseminate the Proprietary Information to any third party and shall not use the proprietary information for your own benefit or for the benefit of any third party. Without limiting the foregoing, You shall not discuss the Work with a representative of a publishing company, literary agent, the press, or media, either directly or indirectly, without Informed California’s express prior written approval.
8. You represent and warrant that: (a) You own the Work/s and have the sole right to license each Work, (b) Informed California’s use of the Work/s will not infringe the rights of any third parties (c) You have obtained or will obtain all necessary consents from, and pay any applicable fee to, any individuals who appear in the Work/s, as well as any other consents that may be necessary for Informed California’s use of the Work/s. You take full responsibility for claims, losses, and damages resulting from the hosting of the Work/s and indemnify Informed California, and its respective officers, directors, employees, agents, representatives, successors and assigns, and hold them harmless from any claims, damages, liabilities, losses, costs or expenses that may arise out of Informed California’s use of the Work/s.
10. You also acknowledge that You are not an employee of Informed California and not entitled to any benefits that may be provided to employees of Informed California.
11. You agree to indemnify, defend and hold harmless Informed California and its directors, officers, employees and agents from and against any actions, claims, demands, liabilities, and expenses (including reasonable attorney’s fees) arising out of Your breach of any of the foregoing representations and warranties or Your obligations under these this Agreement.
12. You warrant to Informed California that all information and materials provided to Informed California under this Agreement are accurate and complete.
13. This Agreement contains the entire understanding between You and Informed California with respect to the subject matter hereof and supersedes any other agreements and will be governed by the laws and subject to the courts of California.
