TERMS & CONDITIONS — Sleepy Hollow Books

April 22, 2009

Terms and Conditions for Submitting Materials

Sleepy Hollow Books appreciates your interest in submitting a query. In order to submit your query, please read and agree to the following Terms of Submission:

TERMS OF SUBMISSION

1. All references to the Query in these Terms of Submission include, without limitation, all Material and other items submitted as part of the Query.

2. I agree to the Terms of Submission without reservation. I request that Sleepy Hollow Books read and evaluate the Query for possible publication by or on behalf of Sleepy Hollow Books (“Publications”), including without limitation the internet website http://www.sleepyhollowbooks.com. I understand and agree that Sleepy Hollow Books would not read, accept or consider the Query but for my agreement to all of the Terms of Submission. I understand and agree that all queries and other submissions become the Material property of Sleepy Hollow Books and that Sleepy Hollow Books is under no obligation to return, reply to or accept the Query, including without limitation any of the Material, under any circumstances.  Sleepy Hollow books has the right to delete or recycle the Material property (eg., file, manuscript, copy of artwork).  The author or illustrator is solely responsible for keeping an original file copy of their submission; Sleepy Hollow Books will not return submissions.   The Intellectual property rights remain with the author or illustrator during the submission process and Sleepy Hollow Books does not make any claim to those rights without a signed contract with the work’s creator.

3. I understand and agree that Sleepy Hollow Books has no obligation of any kind, express or implied, relating to, arising out of or created by receipt of the Query. I understand and agree that Sleepy Hollow Books has no contract, legal relationship or other obligation to me, express or implied, unless and until Sleepy Hollow Books and I enter into a separate, written agreement signed by both Sleepy Hollow Books and me which specifically states that it creates a contract, waiver, release, obligation or legal relationship.

4. I understand and agree that Sleepy Hollow Books receives many queries, submissions, ideas, stories, articles, columns, photographs and similar works and material (“Submissions”) and that the files and archives of Sleepy Hollow Books contain large numbers of varied themes and ideas for articles, features, columns, stories, artistic and photographic works and all other aspects of the Publications created and published by Sleepy Hollow Books. I understand that many Submissions may be similar or even identical to the Query or Material contained in the Query. I am aware that Sleepy Hollow Books is constantly researching and developing new ideas for all aspects of its Publications and that Sleepy Hollow Books is likely to possess, through its own efforts or through other Submissions, material and ideas substantially similar to Material contained in the Query. I also recognize that many similar themes, ideas, articles, features, columns, stories, artistic and photographic works relate to family, education. nature, metaphysics and child-development concepts which are the major themes of Publications produced by or on behalf of Sleepy Hollow Books. I understand and agree that publication of articles, material and ideas substantially similar to or sharing major themes with the Query is not of itself sufficient evidence to allege or prove that Sleepy Hollow Books has wrongfully appropriated the Query or any Material contained therein. I understand and agree that Sleepy Hollow Books does not have and will not incur any responsibility, obligation or liability to me for publication of any original or derivative ideas, works of authorship, joint works, titles, captions, artistic works, photographic works, concepts, methods, improvements, designs, discoveries, ideas, software, websites, trademarks, trade dress and trade secrets, regardless of any similarity to the Query or Material contained in the Query, unless Sleepy Hollow Books actually uses the Query or the Material (a) as a whole (b) as a direct result of my submission of the Query to Sleepy Hollow Books and (c) without entering into a separate written agreement signed by both Sleepy Hollow Books and me which specifically states that it creates a contract, waiver, release, obligation or legal relationship. I understand and agree that I will bear the sole burden of proving all elements of any claims against Sleepy Hollow Books, including without limitation the burden of proving Sleepy Hollow Books wrongfully appropriated the Query or any Material contained in the Query and that the Query and Material submitted by me is substantially different in content from material already in the possession of Sleepy Hollow Books or obtained by Sleepy Hollow Books from any other source.

5. I hereby represent and warrant to Sleepy Holllow Books that (a) I am submitting the Query voluntarily and no person or entity, including without limitation Sleepy Hollow Books, has made any promises, threats or representations of any kind in order to encourage, induce or force me to agree to these Terms of Submission or to submit the Query.

(b) I have not deliberately included any dishonest, plagiarized or inaccurate statements in the Query, which relates to an original work I have written produced or created or which I propose to write, produce or create.

(c) I have the capacity and authority to agree to the Terms of Submission and to write, produce or create the specific works anticipated by the Query.

(d) Compliance with the Terms of Submission will not, now or in the future, violate the terms of any other contract or agreement to which or by which I am bound or legally obligated.

(e) The Query and the specific works anticipated by the Query are not in the public domain and have not appeared in print or any other published source, including without limitation electronic sources.

(f) The Query and the specific works anticipated by the Query do not and will not infringe, violate or conflict with the intellectual property rights of any person or entity, including without limitation rights of copyright, trademark, trade secret and rights to proprietary works.

(g) The Query is not in any way defamatory, libelous, obscene or an incitement to an illegal act, does not illegally infringe upon the privacy or contract rights of any person or entity and does not violate the law of any state, the United States or the Berne Convention for the Protection of Literary and Artistic Works.

(h) I have not and will not solicit, receive or accept payment, compensation or anything of value from any third party in exchange for inserting, using or recommending a name, product or other content in the Query or the specific works anticipated by the Query.

i) I have retained and will retain copies of all sources cited or referenced in the Query and the specific works anticipated by the Query and will support or verify all statements of fact, quotations and other citations contained in the Query at the request of Sleepy Hollow Books.

6. I will indemnify Sleepy Hollow Books against any and all claims, losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses, including without limitation court costs and attorneys’ fees resulting from or arising out of my breach of these Terms of Submission.

7. The Terms of Submission represent the only, final, complete and exclusive understanding between Sleepy Hollow Books and me. I have no relationship, agreement or rights relating to Sleepy Hollow Books except as expressly stated in the Terms of Submission. I understand and agree that the Terms of Submission were written in and will be construed and enforced in accordance with the laws of the State of North Carolina and that my acceptance of the Terms of Submission is taking place within the State of North Carolina. I agree to submit to the personal jurisdiction of the Federal or state courts located in Durham, North Carolina for purposes of any legal action commenced under or arising out of the Terms of Submission or the Query.

8. Nothing contained in these Terms of Submission will be interpreted to require the commission of an illegal act or a violation of applicable law. If any conflict arises between the Terms of Submission and applicable law the latter will prevail, the relevant provisions of the Terms of Submission will be deleted, modified or limited to the extent necessary to comply with law and all other provisions of the Terms of Submission will remain in full force and effect.

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