Please read these Content Submission Terms and Conditions (“Terms”) carefully as it represents a legally binding agreement between you and PresenceLearning, Inc. regarding the submission of your content. Each time you submit content, or by using or attempting to submit content, you are agreeing and accepting all of these Terms.
1. Submitting Content. “Content” means any and all content, media, and materials you submit to PresenceLearning using the Content Submission form (the “Form”), including, without limitation, still photographs, writings, statements, slides, drawings, graphics, caricatures, likenesses, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced or created, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world.
When you submit Content, you may also be asked to provide information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the Content, and your email and contact information. By submitting Content, you understand that you are also agreeing that these Terms apply, without limitation, to all of the information you submit or that we may receive related to your submission. We are not responsible for lost, damaged, misdirected, unusable or unreadable Content. Proof that you submitted Content does not constitute proof that we received anything.
You understand and recognize that PresenceLearning and its employees have access to and/or may create or have created materials which may be similar or identical to your submitted Content in topic, theme, format or other respects. You also recognize that PresenceLearning receives many submissions of material from third-party content creators like yourself. You agree that you will not be entitled to any compensation, now or in the future, based on the use of any such similar or identical Content which was independently created by PresenceLearning or its employees or came to PresenceLearning from any other independent source. Further you agree that nothing herein implies that you are, or shall be entitled to, receive any compensation, credit, or other consideration by the act of you submitting Content.
Upon receipt, submitted Content will undergo an internal review to assess the clinical adequacy of the Content for PresenceLearning’s purposes. Review of the Content does not constitute an agreement to buy the Content from you. If PresenceLearning, upon review of the Content, decides to purchase your Content, you will be contacted directly by PresenceLearning and will be provided with a Licensing Agreement. PresenceLearning retains the right to reject or refuse, without notice to you, any Content submitted for any reason or for no reason whatsoever. PresenceLearning will only contact you if your Content is selected for purchase.
2. Eligibility Requirements. By submitting Content, you are certifying that you satisfy the following eligibility requirements:
If you are a current PresenceLearning employee, you are not eligible to participate in this program; however, if you have Content that you would like to provide to PresenceLearning please discuss with your manager.
3. Content Standards; Unauthorized Content.
You are solely responsible for the Content you submit. If PresenceLearning determines, in its sole discretion, that you or any of your Content violates these Terms or a third-party’s intellectual property rights, PresenceLearning reserves the right, without notice, to reject your submission and may refuse to allow you to submit further Content.
In addition to the foregoing, you agree that you will not submit or attempt to submit any Content that:
4. Copyright Infringement. By submitting Content, you represent that the Content does not violate another’s copyright, trademark or other intellectual property rights and that you own all rights to the Content. If PresenceLearning discovers a copyright or trademark violation or any other violation of law, PresenceLearning reserves the right to provide information to law enforcement officials, governmental agencies, any party seeking to protect its interest, or in order to comply with any of its legal obligations.
5. Ownership. Your submitted Content must be created by you and wholly original. You retain ownership in the Content, but by making a submission you give PresenceLearning, and those authorized by PresenceLearning, your irrevocable perpetual permission to use and display the Content, in whole or in part, in all media now known or later developed, for the purpose of reviewing the clinical adequacy of the material.
6. Indemnification. You are solely responsible for your submitted Content. You agree to defend, indemnify, and hold PresenceLearning, its officers, employees, and affiliates (collectively, the “PL Indemnified Parties”) harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any claims alleging that use of your Content infringes or misappropriates the intellectual property rights of a third party. PresenceLearning shall not be responsible for any claims by a third party that your submission violates the third party’s rights, or claims by you that a third party is misusing your submission. You hereby release the PL Indemnified Parties from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your Content, including, without limitation, any and all liability for any use or nonuse of your Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss.
7. Disclaimers and Limitation of Liability. PRESENCELEARNING DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS CONTENT SUBMISSION TERMS OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. PRESENCELEARNING EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
8. Contact Information. By submitting Content or using this Form you agreed to be contacted by PresenceLearning regarding your submission.
9. General. By submitting Content, you hereby agree that you have read and understand these Terms, that these terms supersede any other communications you have had with PresenceLearning regarding the submission of Content, and that no oral representations of any kind have been made to you.