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Writer's Rights and Contract with Publisher

Your submission of work to Utmost Christian Writers Foundation indicates your assent to the terms and conditions of this Agreement.

We Purchase First Serial & Electronic Rights

"First Serial & Electronic Rights" means your accepted poem has never been published anywhere previously, in print or on-line. First Serial & Electronic Rights allow us to publish your article online at "www.utmostchristianwriters.com" (or our sister sites: www.thechristianpoet.org, www.utmostchristianwriters.ca) for a four month period during which it is exclusively ours to publish. It cannot be published online or in print anywhere else during that four month period. After that, we have non-exclusive electronic rights to keep your article available online in our archives which may (or may not) be available for public viewing. Non-exclusive electronic rights means that you can give others the right to publish your article online, too, after the four month exclusive rights period has ended. You also have the right to publish your article in print anywhere you please after the four month exclusive rights period has ended.

We will not transfer your poetry into hard copy (book, periodical, anthology, CD, etc) without negotiating a new contract and remuneration with you. We will not sell your poetry to any third party, nor do we acquire any of your copyright priviliges. If we are contacted with a request for reprints or other use of your poetry, we will refer all such requests to you.

We do not accept poetry that has been published elsewhere. We only purchase first rights. Do not submit work unless it is unpublished.

(If for some reason you need to re-acquire all rights to your poetry—for example a print publisher requires it—you may contact us and we will normally arrange to remove your work from our site and our archives entirely.)

This Agreement In Simple Terms

Your submitted poetry must be unpublished previously. This means it has not been published in print or on the Internet.

If we buy your poetry, you are not free to sell it or publish it in any form, print or electronic, until four months from the time of publication.

Following the four months of our exclusive electronic rights, we may retain your work on our sites (public or otherwise) in perpetuity until we mutally terminate this agreement. However, following the four month exclusive electronic rights, you may publish your work elsewhere as you wish.

At all times you retain copyright to your work.

The Contract

This Agreement is made and entered between you ("Author") and Nathan Harms—doing business as Utmost Christian Writers Foundation—("Publisher").

Your Work
You wish to submit written work (“Work”) to Utmost Christian Writers for publication on its Web Site at www.utmostchristianwriters.com (or its sister sites: www.thechristianpoet.org, www.utmostchristianwriters.ca) (“Site”). You agree to follow all of the editorial rules and procedures, including the Writer’s Guidelines, of the Site in writing, submitting and editing the Work. You understand that Publisher may accept or reject your Work at its sole discretion.

Payment for Your Work
Publisher will pay you twelve dollars (US$12) per poem if it accepts your Work. Publisher’s fee purchases first serial and electronic rights, as well as non-exclusive electronic rights in perpetuity. By accepting the Publisher's fee you agree that the Publisher is the first publisher of the work and is guaranteed to be the only publisher of the Work for a four (4) month period following payment for the Work (the date on the payment check or money order).

You may request in writing, including by email, that the Work be returned to you any time after four months following the first electronic publication of the Work at the Site. If you do not request the Work be returned to you it will not be returned to you unless and until such a request is made in writing to the Publisher, and is granted in writing. But the Work may be removed from the live environment at the discretion of the Publisher.

When requesting return of the Work, you must include your email address, title of published Work and your full name.

If the Work is published you will be paid within thirty (30) days of publication. You agree that you will cooperate in providing all information for the purpose of payment to you for the Work.

Editing Your Work
You agree to assist in editing the Work to the satisfaction of Publisher. If you do not agree to edit or to have editing done on your Work you may withdraw your submission, however, no payment will be made to you under any theory of contract including quantum meruit.

You understand that we may suggest changes in the original draft until the material meets our requirements, or we may still opt against its purchase.

Biographical Information
You agree to provide us with biographical information about yourself, as we request, so that such information may be posted with the Work. Such biographical information may include the Province or State of your residence, circumstances which led you to write the Work, and whatever other details the Author and Publisher may agree are pertinent. The Publisher will not insist that you provide information that will violate your rights to privacy or security.

Your Representations
You represent that you are the sole Author of the Work and that the Work is your original work except to the extent that it contains material which is in the public domain and was not copied in whole or in part from any other work, nor will the uses contemplated herein violate, conflict with or infringe upon the copyright, right of publicity or any other right of any person, firm or corporation; and

You have not granted, assigned, encumbered or otherwise disposed of any rights to the Work you are granting to Publisher in this Agreement.

You agree that you have the sole and exclusive right to enter into this Agreement and the full warrant and authority to grant the rights granted hereby.

You represent that there is not now outstanding and there has not been any grant, assignment, encumbrance, claim, contract, license commitment or other disposition of any right, title, or interest in or to the Work or any of the rights granted hereunder to Publisher or by which the exploitation of the rights granted to Publisher and the enjoyment and exercise of those rights by Publisher might be diminished, encumbered, impaired, in-validated or affected in any way.

Your Indemnification
You agree that you indemnify Publisher against any and all losses, costs, expenses, damages or recoveries (including payments made in settlement so long as the settlement is made with your written consent caused by or arising out of the breach of the representations or warranties herein made by you.

Publisher agrees that he shall be solely liable for all costs incurred in connection with any presentation of the Work and he shall indemnify and hold you harmless from any claims arising there-from.

Assignment of this Agreement
This Agreement may not be assigned by either party without the express, written consent of the other party.

Applicable Law; Entire Agreement
This Agreement shall be deemed to have been made Canada, and shall be governed by the law applicable to agreements duly executed and to be performed wholly within Canada. This Agreement shall be the complete and binding agreement between the parties and may not be amended except by an agreement in writing signed by the parties hereto.

Successors and Assigns
The terms and conditions of this Agreement shall be binding upon the respective executors, administrators, successors and assigns of the parties hereto, provided, however, that none of the parties hereto shall, except as otherwise herein provided, have the right, without the written consent of the parties, to assign his or her rights or obligations he-reunder, except the right to receive the share of the proceeds, if any, from the Work, payable to such party hereunder.

Your submission of work to Utmost Christian Writers Foundation indicates your assent to the terms and conditions of this Agreement.