| Submission Distribution Agreement |
Upon the receipt of your submission to NotescastSubmission@Notescasts.com, you will receive a reply email with the following Submissions Distribution Agreement, a Product Description Template and additional instructions. Upon receipt of this email and Agreement, please review all of the content and reply with the requested publisher information.
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The following copy is for reference only.
Notescast Publishers will be required to sign and return a copy of a
similar Agreement to TimeStream Software prior to the publication of
their Notescast on Notescasts.com.
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TimeStream Software, LLC.
Submission Distribution Agreement
DEFINITIONS
“TimeStream Software” refers to TimeStream Software, LLC.
“Submissions” refers to the content submitted by you and/or your company to the Notescasts.com web site.
TimeStream Software owns and operates the Notescasts.com web site.
APPROVAL SUBJECT TO TIMESTREAM SOFTWARE’S DISCRETION
All submissions to the Notescasts.com web site are subject to the approval of TimeStream Software.
TimeStream Software reserves all rights and authority to approve or deny a submission (and any upgrades) at its sole discretion and according to its timeline. In the event a submission is not approved, TimeStream Software shall not be responsible for any current, past or future liabilities, including costs, expenses, salaries, opportunity costs, etc. incurred by you or your company in the development of your submission.
In the event a submission or any upgrades are delayed in their approval, TimeStream Software shall not be responsible for any current, past or future liabilities, including costs, expenses, salaries, opportunity costs, etc. incurred by you or your company as a result of any delay.
CONTENT REQUIREMENTS
Submissions may be rejected at the sole discretion of TimeStream Software.
Any submissions posted on Notescasts.com may be removed at any time without warning at the sole discretion of TimeStream Software. TimeStream Software will make every effort to contact you and/or your company to notify you of the removal and work with you to correct the situation.
You and/or your company represents that the content contained in your submission, including text, photos, video, audio and other matter in no manner violates US or International copyright law and does not infringe upon the copyrights, trademarks or intellectual property rights of any other party.
Any and all music, audio, video or other similar content contained within your submission must be owned by you or licensed to you with all required permissions for use in your possession.
TimeStream Software reserves the right to remove any submission to the Notescasts.com web site which it deems is a violation of copyright laws.
In the event the content of your submission infringes upon the copyrights, trademarks, trade secrets, patents, rights or intellectual property rights of a third party, you and/or your company agree to indemnify, defend and hold harmless TimeStream Software and its respective founder, directors, officers, agents, employees, successors and assigns from and against any and all claims, demands, actions, damages, costs and other liabilities, including but not limited to attorney fees and expenses, arising from the infringement of your submission upon the proprietary and intellectual property content listed above.
Submissions must not contain any obscene, pornographic, offensive, defamatory or similar content of any form, including text, photos, video, audio, etc. Violations of this provision shall be decided at the sole discretion of TimeStream Software. Violations of this provision shall result in the rejection of your submission or the removal of any offending submissions from the Notescasts.com web site.
Submissions shall not contain any content or lack a level of quality or value which is considered detrimental to the Notescast® or TimeStream Software brands or web sites, as decided at the sole discretion of TimeStream Software.
All submissions submitted to TimeStream Software must have a level of reasonable value and quality as decided at the sole discretion of TimeStream Software.
All submissions must not contain any viruses, Trojan horses, backdoor applications, malware, malicious or harmful code or programs which act to damage, destroy or adversely affect the software, hardware, operating systems, data, services and other property of Notescasts.com users. You and/or your company agree to be subject to legal action by TimeStream Software for all compensation arising from your submission of content purposely containing such malicious code or programs.
MINIMUM SUBMISSION REQUIREMENTS
The following minimum requirements must be met before submitting submissions to Notescasts.com:
1) All submissions must have value to the users of Notescasts.com
2) All submissions must be error free
3) All links must work and be error free
4) All submissions must not infringe on third party copyrights
5) All submissions must be free of any offensive material
6) All submissions must be scanned for viruses prior to submission and be virus free
NOTESCASTS.COM OFFERED AT TIMESTREAM SOFTWARE’S DISCRETION
TimeStream Software shall retain the right, at its sole discretion, to terminate the Notescasts.com web site and/or its derivatives without notice. In such an event, TimeStream Software shall not be liable for any past, current or future liabilities, including but not limited to costs, expenses, salaries, opportunity costs, etc. incurred by you or your company as a result of the web site’s termination.
DUPLICATE AND SIMILAR WORKS
You and/or your company agree that your submission(s) may be a duplicate(s) or similar in nature to other submissions from the users of Notescasts.com.
Nothing in this Agreement shall restrict, hinder or limit in any way or manner TimeStream Software’s right, now or in the future, to develop, distribute, market, promote, acquire or license products, content, concepts, formats, designs, etc., which compete with or perform the same or similar functions as your submissions or any of your other products or technologies which you may develop, produce, market, distribute, promote, etc.
TERMS SUBJECT TO CHANGE
The terms of this Agreement are subject to change at any time. In order to continue to keep your submission on the Notescasts.com web site, you agree to accept and follow any new terms.
You agree that it is incumbent upon you and/or your company to periodically review the Submission Distribution Agreement online in order to stay up-to-date and aware of any and all changes.
If you do not agree with any changes to the Submission Distribution Agreement, please notify TimeStream Software immediately at Agreement@TimeStream-Software.com.
COMPENSATION
All initial submissions to Notescasts.com shall be offered to users free of charge. As such, no compensation shall be provided.
FORMS NO PARTNERSHIP
Nothing in this Agreement shall establish, constitute or imply the formation of a partnership between TimeStream Software and you and/or your company.
You and/or your company shall at all times remain a separate entity from TimeStream Software.
INDEMNIFY, DEFEND AND HOLD HARMLESS
You and/or your company agree to indemnify, defend and hold harmless TimeStream Software and its respective founder, directors, officers, agents, employees, successors and assigns from and against any and all claims, demands, actions, damages, costs and other liabilities, including but not limited to attorney fees and expenses, arising from, in connection with or related in any way to, directly or indirectly a) TimeStream Software’s performance of this Agreement or b) any real, perceived or alleged breach of any of the terms of this Agreement.
You and/or your company agree to indemnify, defend and hold harmless TimeStream Software and its respective founder, directors, officers, agents, employees, successors and assigns from and against any and all claims, demands, actions, damages, costs and other liabilities, including but not limited to attorney fees and expenses, arising from the use of your submission by users of the Notescasts.com web site.
TERMINATION OF DISTRIBUTION
You and/or your company agree that TimeStream Software shall be under no obligation to provide ongoing distribution of your submission through Notescasts.com or any of its derivatives.
CUSTOMER SERVICE
Submissions to TimeStream Software will contain readily accessible Customer Service contact information listing you and/or your company.
RIGHT TO ENTER INTO THIS AGREEMENT
You and/or your company represent and warrant that you are at least 18 years of age and have the right and authority to enter into this Agreement and to fully perform any and all of its obligations.
TERMINATION
This agreement may be terminated by either party for any reason with 30 days written notice.
USE OF THE NOTESCASTS.COM WEB SITE
You and/or your company acknowledge that the use of the Notescasts.com web site is at your own risk, and the operation of the Notescasts.com web site is subject to interruption.
TimeStream Software does not guarantee the operation of the Notescasts.com web site or its derivatives will always be error-free, accurate or complete, or that errors and malfunctions will always be corrected in a timely manner.
USE OF THE WORD "NOTESCAST"
The term, “Notescast®” is a Registered Trademark of TimeStream Software. Notescast titles posted for distribution on Notescasts.com may contain and/or refer to this term without compensation to TimeStream Software.
Titles distributed via other web sites or methods of any kind may not use or include the term “Notescast”, “Notescasting”, “Notecast” or “Notecasting”.
Notescasting™, Notecast™ and Notecasting™ are Trademarks of TimeStream Software.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, TIMESTREAM SOFTWARE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, MINOR, MAJOR OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DEVELOPMENT EXPENSES, LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OF DATA, BUSINESS INTERUPTION OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES RESULTING OR ALLEDGED TO RESULT FROM THE TERMS OF THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE NOTESCASTS.COM WEB SITE, THE SUBMISSION OF YOUR TITLE TO NOTESCASTS.COM AND THE REJECTED, INTERRUPTED OR TERMINATED DISTRIBUTION OF YOUR SUBMISSION(S).
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