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Submission Agreement
I understand that The Won Group has adopted the policy of refusing to accept or publish any material or content unless the submitter agrees to the terms and conditions of this Submission Agreement (this "Agreement"). In accordance with your policy, I hereby agree as follows:
1. I am submitting to you certain content, either orally, in written form, or on some other media (hereinafter referred to as the "Submitted Content") in accordance with this Agreement. I acknowledge and agree that for purposes of this Agreement, "Submitted Content" also includes my subsequent content submissions, as applicable, including corrections and updates, and that this Agreement shall apply equally to any such content subsequently submitted by me unless agreed to the contrary in writing at the time of submission.
2. I acknowledge that I am submitting the Submitted Content on a voluntary basis for valuable consideration, including but not limited to the possibility of your publication of the Submitted Content, but that I will be owed no monetary or other compensation for the exercise of rights under this Agreement. I further acknowledge that my submission is not made in confidence and that no confidential relationship is intended or may be deemed created by my submission of the Submitted Content or by our entering into this Agreement.
3. I hereby grant you and your affiliates the perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicenseable, fully paid-up right and license to copy, modify, create derivative works of, reformat, distribution (directly and indirectly), publish or otherwise dispose of the Submitted Content or any derivative works thereof. To the extent I have any right of publicity or privacy in or to the Submitted Content, I hereby waive such rights with respect to your exercise of rights within the scope of the license granted above.
4. I represent that the Submitted Content is original to me and that I have the right to submit the Submitted Content under the terms of this Agreement.
5. Either party to this Agreement may assign to any person, firm, or corporation whomsoever, its, his or her rights hereunder, provided that such assignment or license shall not relieve such party of its, his or her obligations hereunder. This Agreement shall inure to the benefit of the parties hereto and their respective heirs, successors, representatives, assigns, licensees and clients.
6. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER, AND EACH PARTY HEREBY EXPRESSLY WAIVES CLAIMS AGAINST THE OTHER, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
7. This Agreement constitutes our entire agreement. I hereby state that I have read and understand the terms and conditions of this Agreement, and I acknowledge that no oral representations of any kind have been made to me. Any modification or waiver of or relating to this Agreement must be in writing and signed by both of us. The invalidity or unenforceability of any provision of this Agreement, or any part of any provision, will not affect the remaining provisions. This Agreement shall be governed by and construed in accordance with the laws of the State of California, notwithstanding any conflict of laws or principles thereof, and the parties hereby submit to the exclusive jurisdiction of the courts located in such jurisdiction. The parties agree and acknowledge that the relationship of the parties is in the nature of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other's agent, partner, employee or representative.
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