PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE SUBMITTING YOUR ENTRY. BY SUBMITTING AN ENTRY, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
This Terms and Conditions of Submission Agreement (the "Agreement") is between you and Harken, Inc. ("Harken") and sets for the terms and conditions for submission of your Harken Stories entry ("Entry").
1. By submitting an Entry, you represent and warrant that (i) you own all rights in the Entry; (ii) the Entry does not infringe or otherwise violate any rights of any third party; (iii) the Entry is your original work, has not been published previously; and (iv) the Entry is suitable for publication (i.e., it is not obscene or indecent in the sole discretion of Harken). Unless prohibited by applicable law, by submitting an Entry, you grant Harken and its agents the right to publish, use, adapt, edit and/or modify the Entry, including the use of your name and/or personal identifying information (limited to first name and city of residence) in any way, for promotional or any other purposes, in any and all media, without limitation, and without further payment, consideration, or obligation of attribution to you. Furthermore, unless prohibited by applicable law, by submitting an Entry, you irrevocably assign and transfer to Harken any and all rights, title and interest in the Entry, including, without limitation, all copyrights. By submitting an Entry which includes an image, name, or likeness of any person, you agree that you are the person pictured or identified in the Entry, or that you have received written permission for submission from any person pictured or named and that any such person agrees to the terms and conditions in this Agreement.
2. By submitting an Entry, you give your express permission to be contacted by Harken by telephone, e-mail and/or postal mail concerning the use of your Entry. By checking the respective boxes under Publication Selections on the Publication Request form and providing your contact information, you consent to being sent email and/or mail by Harken with the understanding that you may request to have your information removed from our emailing and/or mailing lists at any time.
3. By submitting an Entry, you release Harken and agree to indemnify, defend, and hold Harken harmless from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Entry (including, without limitation, claims, costs, damage to property, violations of rights of publicity or privacy, defamation or portrayal in a false light).
4. By submitting an Entry, you agree that all issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, your rights and obligations, or the rights and obligations of Harken in connection with the Entry, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules. By submitting an Entry, you consent to the exclusive jurisdiction and venue of the federal, state and local courts located in Milwaukee County, Wisconsin, for the resolution of any disputes relating to this Agreement, the Entry, or your relationship with Harken.