Terms and Conditions



I, forthwith known as the Author, agree my study has not been published nor is in the process of being published with another publisher.
I wish respectively to publish and have published my institutional ethics board approved study, if applicable, and agree as follows:
Grants of Rights: The Author grants to the Publisher:
a)Exclusive right in the English language, throughout the world, to:
i) Print, publish, and disseminate the Work as an online scholarly article.
b)Non-exclusive right in the English language, throughout the world, to print, publish, and disseminate the Work as an online scholarly article.
c)Subsidiary Rights and Licenses:
i) The Publisher shall have the exclusive right, throughout the world, to sell or license the rights in the Work indicated below upon such terms as the Publisher deems advisable. The proceeds received by the Publisher from the sale or license of such rights shall be set by the Publisher as set forth in paragraph 2:
a) book club rights;
b) textbook rights;
c) anthology rights;
d) first serial rights (i.e., publication of condensations, excerpts, digests, serializations, and extracts in newspapers and periodicals before first publication in online journal article form);
e) second serial rights (i.e., publication of condensations, excerpts, digests, serializations, and extracts in newspapers and periodicals after first publication in online journal article form);
f) selection rights, (such as a catalogue that produces its own edition of the work);
g) abridgment/condensation rights;
h) large print rights;
i) mass-market paperback rights;
j) trade (quality) paperback rights;
k) foreign language rights;
l) British Commonwealth rights;
m) merchandising and commercial rights;
n) audio rights (i.e., the right to use or adapt the Work or any portion thereof as a basis for audio through any method of recording or transmission now known or hereafter devised, including, without limitation, copying or recording by phonographic, magnetic, laser, electronic, or any other means and whether on phonograph records, audio cassettes, audio discs, or any other human or machine-readable audio medium and the broadcast or transmission thereof, now known or which may be devised in the future);
o) online database (via time-sharing access equipment or direct downloading);
p) all other forms, formats, platforms, and standards now in use or which may in the future be in use during the term of this agreement and its option terms; and
q) picture, dramatic, television, radio, and allied rights.
Any subsidiary rights not exploited within 18 months of publication shall become nonexclusive.
Exclusive right to license in all foreign languages and all countries, the rights granted in subparagraphs (a) and (b) above;
The right of first refusal as to any sequel, revision, or republication of the work. During the period of this agreement, and for five (5) years thereafter, except in the case of termination in accordance with paragraph 17 herein, the Author shall not submit any sequel, revision, or republication of the Work to other publishers, nor seek offers from nor negotiate with others, with respect thereto until first offering said work to the Publisher. After submission of said proposed sequel, revision, or republication, the Publisher shall have thirty (30) days to determine whether to publish the said next work; if so, the parties shall negotiate in good faith the terms of the publishing agreement. If the parties are unable to reach agreement before the thirty (30) days shall expire, then the Author shall be free to offer the said sequel, revision, or republication to others, but only on terms more favorable than those offered by the Publisher. The Author shall notify the Publisher in writing of such offer, and all particulars, within seven (7) days of the receipt of said offer, and the Publisher shall have the right for thirty (30) days to match said offer of any other publisher.
To use or license others to use the approved name, likeness, and biography of the Author, the work and the title of the work, in whole or in part, or any adaptation thereof as the basis for trademark or trade name for other products or for any other commercial use in connection with such other products.
Delivery of Satisfactory Copy and Proceeds: The Publisher acknowledges receipt of an acceptable manuscript. All proceeds from the publication of the Work will be at the sole discretion of the Publisher, including and not limited to providing international student scholarships.
Permission for Copyrighted Material: If the Author incorporates in the work copyrighted material, she shall procure, at her expense, written permission to reprint it.
Author’s Warranties and Indemnities: The Author warrants that she is the sole author or co-author/investigator of the work; that she is the sole owner or co-owner of all the rights granted to the Publisher; that she has not previously assigned, pledged, or otherwise encumbered the same; that she has full power to enter into this agreement; that except for the material obtained pursuant to Paragraph 3, the work is original, has not been published before in the form submitted by the Author, and is not in the public domain; that it does not violate any right of privacy; and that it does not infringe upon any statutory or common-law copyright.
In the event of any claim, action, or proceeding based upon an alleged violation of any of these warranties, (i) the Publisher shall have the right to defend the same through counsel of its own choosing, and (ii) no settlement shall be effected without the prior written consent of the Author, which consent shall not unreasonably be withheld, and (iii) the Author shall hold harmless the Publisher, any seller of the work, and any licensee of a subsidiary right in the work, against any damages finally sustained. If such claim, action, or proceeding is successfully defended or settled, the Author’s indemnity hereunder shall be limited to fifty percent (50 percent) of the expense (including reasonable counsel fees) attributable to such defense or settlement; however, such limitation of liability shall not apply if the claim, action, or proceeding is based on copyright infringement.
If any such claim, action, or proceeding is instituted, the Publisher shall promptly notify the Author, who shall fully cooperate and shall have the right but not the obligation to participate in the defense thereof, and the
Conflicting Publication: The Author agrees she will not, without the written permission of the Publisher, publish or permit to be published any scholarly article that is directly competitive with the work.
Date, Style, and Price of Publication: The Publisher shall publish the work at its own expense, in such style and manner, under such imprint and at such price as it deems suitable. The Publisher shall not be responsible for delays caused by any circumstance beyond its control. In no event shall the Publisher be obligated to publish a work which, in its opinion, violates the common-law or statutory copyright or the right of privacy of any person or contains libelous or obscene matter. The Publisher shall have final approval.
Proofreading and Author’s Corrections: The Author agrees to read, revise, correct, and return promptly all proofs of the work and to pay in cash or, at the option of the Publisher, to have charged against him the cost of alterations, in type or in plates, required by the Author, other than those due to the printer’s or the Publisher’s errors, in excess of ten percent (10 percent) of the cost of setting type, provided a statement of these charges is sent to the Author within thirty (30) days of the receipt of the printer’s bills and the corrected proofs are presented upon request for his inspection.
Copyright: The Author hereby appoints the Publisher as his attorney-in-fact in his name and in his stead to execute all documents for recording in the Copyright Office evidencing transfer of ownership in the exclusive rights granted to the Publisher hereunder.
Assignment: This agreement shall be binding upon the heirs, executors, administrators, and assigns of the Author, and upon the successors and assigns of the Publisher.
Complete Agreement and Modification: This agreement constitutes the complete understanding of the parties. No modification or waiver of any provision shall be valid unless in writing and signed by both parties.
Dispute Resolution: Any controversy or claim arising out of or relating to this agreement shall be submitted in [wherever publisher is located], to American Mediation Council, LLC, under its Mediation Rules, before the parties resort to arbitration, litigation, or some other dispute-resolution procedure.

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