Terms and Conditions:

 

Agreement:

between

"Gay Literature (www.gay-literature.com), a service of Mondial, New York
(the "Publisher")

and

the author of the manuscript to be submitted

(the "Author")

FIRST: The Author states the following (Author's "warranties and representations"):
1. Author is the sole author and proprietor of the Literary Work (or the work is in the public domain).
2. Author has full power and authority to make this Agreement and to grant the rights granted hereunder.
3. The Literary Work does not infringe any statutory or common law copyright or any proprietary right of any third party.
4. The Literary Work does not invade the right of privacy of any third person, or contain any matter libelous or otherwise in contravention of the rights of any third person, and, if the Literary Work is not a work of fiction, all statements in the Literary Work asserted as facts are true or based upon reasonable research for accuracy.
5. The Literary Work does not violate any federal (U.S.) or state (U.S.) statute or regulation, nor does Author's entering into this Agreement violate any such statute or regulation, nor is the Literary Work in any other manner unlawful.
6. Nothing contained in the Literary Work shall be injurous to the health of the user.
7. If the Author incorporates in the Literary Work any writings, drawings, photographs or other material either previously published or not (e.g. a cover image), either by the Author or another artist or writer, Author shall, prior to delivery of the Literary Work in Final Form obtain and, whenever requested by Publisher, deliver to the Publisher proper and complete written permission and authorization from the owner of the common law or statutory copyright or other right to use the same in the Literary Work and for the purpose of promoting or advertising the Literary Work throughout the world.
8. The Publisher shall be under no obligation to make an independent investigation to determine whether the foregoing warranties and representations are true and correct; and any independent investigation by or for the Publisher, or its failure to investigate, shall not constitute a defense to the Author in any action based upon a breach of any of the foregoing warranties.
9. The warranties and representations of the Author hereunder are true on the date of the execution of the Agreement and shall be true on the date of the actual publication of the Literary Work, and at all intervening times. The Publisher may rely on the truth of the warranties and representations herein in dealings with any third party.
10. Each of the foregoing warranties and representations shall survive the termination of this Agreement.

The author grants and assigns to the Publisher:
1. the right to publish the manuscript on www.gay-literature.com, without any exchange of money, without fees.

SECOND: The Publisher and the Author…

A. …have the right to cancel this agreement at any moment, without prior notice (by sending an e-mail to the other party).

THIRD:

A. Notwithstanding anything contained in this Agreement to the contrary, the Publisher shall not be obligated to publish the Literary Work if, in its sole and absolute jugdment, whether before or after acceptance thereof, supervening events or circumstances since the date of this Agreement have, in the sole jugdment of the Publisher, materially adversely changed the economic expectations of the Publisher in respect to the Literary Work at the time of the making of this Agreement, and in such event, all of the Publisher's rights in and to the Literary Work shall terminate and revert to the Author for Author's sole use and disposition on the giving by the Publisher to the Author of notice of its decision, or, if the Publisher fails to do so, the Author shall be entitled to retain all payments theretofore made to the Author under this Agreement.
B. Exclusive jurisdiction for the determination of any dispute solely between or among parties to this Agreement is hereby vested in the Supreme Court, New York County (U.S.), or, at the selection of either party if the jurisdictional prerequisites at the time exist, in the United States District Court for the Southern District of New York, and each party hereto shall submit to the jurisdiction of either such court in the City and State of New York (U.S.) for the determination of any such dispute, and hereby consents (in addition to service of process by any other means provided at the time by law) to service of process on him, her or it, as the case may be, by registered mail, first class postage prepaid, return receipt requested, addressed to the party named in such process at the address to which notices may be given. Such notices by mail so given shall confer jurisdiction upon such court.
C. The Author shall indemnify and hold the Publisher harmless against any loss, liability, damage, cost or expense (including reasonable attorney's fees) arising out of or for the purpose of avoiding any suit, proceeding, claim or demand or the settlement thereof, which may be brought or made against the Publisher by reason of the publication, sale, or distribution of, or disposition of rights in respect to the Literary Work, except in connection with matters involving solely controversies arising out of or based upon commercial transactions between the Publisher and its customers or in connection with material inserted in the Literary Work by the Publisher.
D. The Publisher shall have the right, subject to the approval of the Author, such approval not to be unreasonably withheld, to settle such claim, suit, action or proceeding on such terms as it deems advisable. If within such time as the situation may allow, the Publisher shall request the Author to consent to the proposed settlement, and the Author shall neglect or decline to do so, the Author shall upon written notice by the Publisher immediately undertake to continue the defense at his sole expense and shall provide the Publisher with security in the form of a surety company bond in the amount as shall under all circumstances be in the Publisher's opinion adequate. In the event the Author fails to so assume the defense, and to furnish such bond, the Publisher shall have the right to settle such matter upon terms Publisher thinks advisable or in its discretion to continue the defense thereof, and the Author's indemnity shall be applicablle in either such event, provided, however, that nothing herein contained shall inhibit the Publisher from settling any such claim, suit, action or proceeding against it at its own cost and expense.
E. Prompt notice of any suit, proceeding, claim or demand brought or made against the Publisher or Author shall be given to the Autor or Publisher respectively.
F. If any suit, claim or demand is brought or made, the Publisher may elect (i) to undertake the defense thereof, in which event the Author may join in such defense with counsel of Author's selection at Author's expense, or (ii) to notify the Author to undertake the defense. If the Publisher does so notify the Author, the Author shall undertake such defense, and in such cases the Publisher may, at its option, join in the defense. In all the foregoing events the cost and expense of any defense shall be borne by the Author, unless the Author has, pursuant to notification from the Publisher, undetaken the defense and the Publisher and its option elects to join with the Author in the defense, in which case the total cost and expense (including reasonable attorneys' fees) shall be shared equally by the Publisher and the Author.
G. Publisher may not make any changes in the manuscript of the Literary Work without the consent of the Author, except that the Publisher may make changes (i) in the capitalization and punctuation of the Literary Work, to make it conform to the Publisher's accepted style, or (ii) in the spelling and punctuation of a British edition of the Literary Work, to make it conform to American usage. Publisher shall not make any changes in the text of the Literary Work, as finally approved by the Author, without the prior approval of the Author, such approval not unreasonably withheld.
H. The title of the Literary Work as set forth by the Author may be changed by mutual agreement of the Author and the Publisher.
I. Any revision of the Literary Work shall be on terms to be mutually agreed by the Author and the Publisher.
J. This Agreement shall be construed in accordance with the laws of the State of New York (U.S.) applicable to agreements made and performed therein.
K. Mondial and Gay-Literature (www.gay-literature.com) shall incur no liability for lateness, negligence, direct or indirect damages due to delays, failure to deliver by third party service providers (e.g. Mondial's Internet Service Provider).
L. This Agreement shall be binding upon and inure to the benefit of the executors, administrators and assigns of the Author, and upon and to the successors and assigns of the Publisher. Neither party may assign this Agreement without the consent of the other, except that the Publisher may assign this Agreement without the Author's consent to a parent, subsidiary, affiliate or division, or to a purchaser of all or substantially all of its assets. Or in a reorganization.

New York, August 01, 2011