By The Spirit Books: Submission Guidelines and Release
1. Introduction and Scope of Agreement
I understand that By The Spirit Books, LLC (the “Company”) is requesting short, written personal testimonies (the “Testimony”) for potential publication and use on its website, social media, and other media platforms. I understand that my act of submitting the Testimony constitutes my full acceptance of all terms contained herein.
2. Transfer of Rights and Copyright
In consideration of the Company’s review and potential publication of the Testimony, I hereby relinquish and transfer to the Company all title and property rights, including all rights of ownership, that I have or may be deemed to have in the Testimony throughout the world. I understand that these rights include, without limitation, all rights, title, and interest in any copyright, pursuant to United States copyright laws and the laws of any other applicable jurisdiction throughout the world. My conveyance of copyright encompasses the exclusive rights of reproduction, distribution, and preparation of derivative works, as well as all renewals and extensions. I understand that the Company may assign, license, and sublicense these rights to other entities without further approval on my part.
3. Use, Editing, and Adaptation Rights
I understand that the Company may, without further approval on my part, exhibit, distribute, edit, reproduce, publish, publicly perform, publicly display, and broadcast the Testimony, or any portion thereof, in all media, including but not limited to: radio, television, in print, on the Internet, and on social media platforms such as TikTok and YouTube, as well as any successor technologies, whether now existing or hereafter developed. I specifically agree that the Company has the right to modify, shorten, adapt, and otherwise alter the Testimony for clarity, length (including for use as a short social clip), and compliance with publishing standards. I agree that all personal identifying information, including my name, will be excluded from any published version of the Testimony, and the Testimony may be attributed to an anonymous source.
4. Warranties and Indemnification
I warrant and guarantee that the Testimony is my own original work and is truthful to the best of my knowledge, and that it does not infringe upon the intellectual property rights (including copyright, trademark, or trade secret) or privacy rights of any third party. I agree to indemnify and hold harmless the Company and its employees, directors, officers, agents, licensees, successors, and assigns (the “Released Parties”) from and against all claims (including but not limited to claims for defamation, invasion of privacy, or right of publicity), liabilities, damages, and expenses (including attorneys’ fees and court costs) and other such losses arising out of, resulting from, or related to the use and/or content of the Testimony.
5. Release of Liability
Without further approval on my part, I release the Company and the Released Parties from all manner of claims, demands, disputes, suits, and causes of action, damages, obligations, and liabilities, including but not limited to libel, invasion of privacy, obscenity, and copyright infringement, which I now have, have ever had, or may hereafter have against the Released Parties relating in any way to the use, editing, publication, or non-publication of the Testimony.
6. No Compensation or Obligation
I acknowledge that my submission is voluntary and free, and I will not receive any financial compensation for the Testimony or for the Company’s subsequent use of it. I understand that submitting a Testimony does not guarantee publication, and the Company retains the sole and absolute discretion to review, accept, or reject any submission for any reason.
7. Governing Law and Finality
This release shall be governed by, and construed in accordance with, the internal law of the State of California, without regard to conflicts of laws. If any provision of this release is determined to be illegal or unenforceable, that provision shall be severed from this release, and such severance will have no effect upon the enforceability of the remainder of this release. I understand that the Company intends to rely on this release, and therefore understand that it is permanent and irrevocable.
I have read, understand, and agree to the Testimony Submission Agreement and Release. I certify I am 18 years or older, and I grant By The Spirit Books, LLC the irrevocable, perpetual right to use, edit, and publish my testimony on all media, including social platforms, without compensation.