Cape Fear Living Magazine is a publication geared towards the local community with the intent to entertain, inspire, inform, and connect businesses with the local communities of New Hanover, Pender, and Brunswick Counties.
We invite you to submit your photographs, articles, and other writings (“Content”) to be considered for publication in Cape Fear Living Magazine. Thank you for your interest in having your work featured as a part of Cape Fear Living Magazine.
By submitting any Content you agree to the terms of the Cape Fear Living Magazine Content Submission Agreement set forth below:
1. You (the “Author” or “Photographer”) hereby irrevocably grant Incline Marketing, LLC d/b/a Cape Fear Living Magazine, and its affiliates, (collectively called the “Publisher”) the unrestricted, perpetual, worldwide right to use the Content freely in whole or in part in any manner or medium now known hereinafter devised for any purpose, commercial or otherwise, without compensation. You will retain ownership rights as applicable, and you will be given appropriate credit or acknowledgment. If you decide to republish the Content elsewhere, you agree to include the following disclosure: “Originally published by Cape Fear Living Magazine,” followed by the issue month and publication year.
2. Without limitation of the foregoing, You grant Publisher the right to: a) publish Content in the Cape Fear Living Magazine and in the derivative and ancillary forms thereof, including but not limited to, the Cape Fear Living website and in other print, digital and online formats; b) give permission for the Content to be photocopied for free distribution purposes; c) use all or any portion of the Content in the Publisher’s marketing and promotional materials in print, digital and/or online formats; and d) edit or abridge the Content at the Publisher’s discretion and to select a title and appropriate art to appear with the Content. (For example, Publisher may edit the Content for accurate usage, spelling, punctuation, grammar, and/ or space requirements.)
3. You represent and affirm: a) that you are 18 years of age or older; b) that you are the sole author or photographer, creator and owner of the Content or are submitting the Content with the express consent of the sole owner and have obtained all releases and permissions necessary for Publisher’s use of the Content; c) that the Content is not in the public domain; d) that the Content does not infringe any statutory or common law copyright or any other intellectual property right or other rights of any third party; e) that the Content does not invade the rights of privacy or publicity of any person or contain any matter libelous or otherwise in contravention of the rights of any person; f) that the Content has not been previously published in any print or online form prior to your submission; and g) that all statements in the Content asserted as facts are true.
4. You agree to hold the Publisher harmless from any loss, damage, or expense (including attorneys’ fees) arising out of or for the purpose of avoiding any suit, proceeding claim or demand for settlement that may be brought against the Publisher by reason of the publication or distribution of the Content.
5. You also represent and affirm that you have full power and authority to enter into and perform this Agreement.
6. You agree that your submission of the Content will be considered non-confidential and non-proprietary, and that Publisher has no obligation to use or publish any Content which you submit. If you think you should be paid or otherwise compensated for your Content, please do not submit through this forum. This forum is intended only for persons who believe they will benefit personally or professionally from our publication of their Content without compensation. You acknowledge that you are not entitled to compensation or reimbursement of any kind for your Content and that we may benefit commercially from your content, including by attracting advertising, by increasing the value of the site, and in other ways. You further acknowledge that we have no obligation to provide you with any data or analytics or other information that we may obtain or create.
7. You hereby state that you have read and understand this agreement, that no oral representation of any kind have been made, and that this agreement stated your entire understanding with reference to the subject matter hereof. Any modification or waiver of any of the provisions of this agreement must be in writing and signed by yourself and Publisher.
8. Should any provision or part of any provision be void or unenforceable, such provision or part thereof shall be deemed omitted, and this agreement with such provision or part thereof omitted shall remain in full force and effect. This agreement shall at all times be construed so as to carry out the purposes hereof.
THIS AGREEMENT IS DEEMED AGREED AND ACCEPTED BY INCLINE MARKETING, LLC DBA CAPE FEAR LIVING MAGAZINE.