Recovering Beautifully

 

1 Agreement
2 Recovery Story
  • Please use your legal name
  • This JBST Media LLC Agreement (the "Agreement") sets forth the terms between you as a contributor (the "Contributor" or "You") and JBST, LLC , its successors and assigns ("JBST", "We", or "Us"), under which you will participate in and contribute to the Recovering Beautifully Blog Posts owned by JBST, accessed from Juggling the Jenkins website www.jugglingthejenkins.com and distributed through JBST owned and operated social channels, and identified thereunder as Juggling the Jenkins ("JTJ"). By signing this Agreement, You are also agreeing to be bound by the Terms of Service and the Privacy Policy. To make this Agreement effective, please complete this form and submit electronically. THIS IS A LEGALLY BINDING DOCUMENT, SO PLEASE READ IT CAREFULLY BEFORE AGREEING TO IT.
  • a. The term “ORIGINAL Contribution” means any original photo, graphic, story, observation, essay, personal experience, or any other material that you have the exclusive rights to submitted by You to JBST b. JBST has no obligation to use, post, or otherwise publish any of Your ORIGINAL Contributions, in its sole discretion. JBST may use all, or some, or none of your ORIGINAL Contributions and may remove them from JTJ altogether at any time for any reason, in its sole discretion.
  • a. With respect to any and all worldwide copyrights in your ORIGINAL Contributions: • You hereby grant to Us a perpetual, irrevocable, non-exclusive, worldwide, transferable, no-charge, royalty-free, unrestricted license to utilize and exercise the worldwide copyrights in Your Original Contributions and to use Your ORIGINAL Contributions for any purpose or use for which we see fit. This includes, at Our option, the right to use, reproduce, parody, transfer to video, prepare derivative works of, modify, publicly display, publicly perform, advertise, market, exploit, and distribute Your ORIGINAL Contributions, and sublicense these same rights to third parties through multiple levels of sublicensees or other licensing arrangements; • You agree that if we create (or hire an individual or entity to create for Us) a derivative work using Your ORIGINAL Contributions, then We will be the sole owner of that derivative work; • You agree that You will not assert any moral rights in your ORIGINAL Contributions against Us, our licensees, transferees, successors, or assigns; • You agree that We have no duty to consult with, obtain the consent of, pay, or render an accounting to You for any use or distribution of Your Original Contributions. b. Except as set out above, you keep all right, title, and interest in Your ORIGINAL Contributions. The rights that You grant to Us under this Agreement are effective on the date You first submitted an ORIGINAL Contributions to Us, even if Your submission took place before the date You sign this Agreement. c. You covenant, represent, warrant, and agree that: • each ORIGINAL Contribution that You submit is and shall be an ORIGINAL work of authorship owned by You and You can legally grant the rights set out in this Agreement; • to the best of Your knowledge, each ORIGINAL Contribution will not violate any third party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity, nor will it defame any person or entity; and • You have the legal right and authority to enter into this Agreement. d. You agree to notify Us if You become aware of any circumstance which would make any of the foregoing representations inaccurate in any respect. We may publicly disclose Your submission to JBST, including the fact that You have signed this Agreement.
  • Remuneration is not provided for your submission. By submitting this form you are acknowledging that your submission is voluntary and is not compensated and that you have no rights to any revenue generated directly or indirectly, on any social media or digital platform or from any derivative works, by your contribution.
  • a. You agree to indemnify, defend, and hold JBST Media, LLC, its subsidiaries, affiliates, and their respective officers, agents, employees, representatives, successors, and assigns harmless from any loss, liability, claim, or demand, including reasonable court costs and attorneys' fees, made by any third party because of, related to, or arising out of Your breach of this Agreement, any breach of Your representations and warranties set forth in this Agreement, Your violation of any rights of another, that causes Us to be liable to another, except to the extent such claim or damage is caused by our breach hereunder.
  • a. You and JBST Media, LLC agree to arbitrate all disputes between you, except disputes relating to the enforcement of JBST Media intellectual property rights. Disputes shall be settled by binding arbitration before a neutral arbitrator located in Sarasota, Florida whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the "AAA"). This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida, without regard to its conflict of law provisions. You and JBST Media, LLC agree that any dispute that is not subject to binding arbitration herein will submit to the exclusive jurisdiction and venue of the appropriate state or federal court located in the City of Sarasota, Florida, to resolve any dispute arising out of this Agreement. b. Contributor recognizes and confirms that in the event of a failure or omission by Us constituting a breach of our obligations under this Agreement, whether or not material, the damage, if any, caused Contributor is not irreparable or sufficient to entitle You to injunctive or other equitable relief. Consequently, Your rights and remedies shall be limited to the right, if any, to obtain damages at law and You shall not have any right in such event to rescind any of the rights granted to Us hereunder or to enjoin or restrain the development, production, advertising, promotion, distribution, exhibition, or exploitation of JBST and/or any of Our rights pursuant to this Agreement.
  • This Agreement shall be effective on the date You execute this Agreement (the "Execution Date") and shall remain effective until terminated in writing by either party. Either party may terminate this Agreement at any time for any reason or no reason at all with seven (7) days' prior written notice to the other party.
  • You hereby grant Us the right to use Your name, likeness, and/ or approved biography in connection with JBST and all subsidiary and ancillary rights therein.
  • You are entering into this Agreement as an individual entity, and nothing contained in this Agreement shall constitute a partnership between or joint venture of the parties hereto, or constitute either party as the agent of the other or You having any employee status with JBST.
  • This Agreement sets out the entire agreement between You and Us for the subject matter covered by this Agreement and supersedes all prior negotiations, agreements, understandings, and obligations with respect thereto. No amendment or modification to this Agreement will be valid unless set forth in a writing signed by both of us. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, administrators, executors, and conservators. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or any subsequent breach thereof. If any provision of this Agreement is adjudicated to be unenforceable or invalid for any reason, that part will be severed from the balance of this Agreement, and the validity and enforceability of the remainder of this Agreement will in no way be affected or impaired. Nothing in this Agreement will be construed to obligate JBST to produce, post, advertise, or exhibit , or to use Your Contributions to JBST. All notices under this Agreement shall be in writing addressed to the addresses (physical or email) in the signature block below, or at such other address as either party may designate from time to time by written notice to the other. All notices shall be served by U.S. mail, reputable overnight delivery service, email, or personal delivery addressed as specified above. The date of receipt by mail, overnight delivery service, email, or personal delivery, as the case may be, shall be the date of service of notice.
  • I confirm my digital signature in the field below. If you do not agree, please do not submit this form.
  • I agree to the Terms and Conditions set forth herein and certify that I have the right and authority to enter into this agreement. My completion and submission of this form constitutes my electronic signature.