TERMS AND CONDITIONS
In order to be featured on of INSPADES Magazine and INSPADES NEWS
and all the properties of INSPADES, Creative Spades and its affiliated pages and hubs
you must agree to these terms of service.
By submitting or contributing to the above properties, the artists/writer/journalist (hereinafter referred to as “The Contributor”), agree to release the rights for cover photos, artwork, articles, poetry, and all other content provided to INSPADES Magazine and/or INSPADES NEWS, (hereinafter referred to as “INSPADES”). Contributors maintain full ownership of their all their works, this release is for INSPADES and all affiliate hubs, their respective parent or subsidiary companies, social media and promotional outlets usage terms only. Contributors are fully responsible for any and all legal actions that may occur regarding their content, releasing INSPADES from all responsibility.
In consideration of The Contributor’s engagement as a content provider and for good and valuable consideration herein acknowledged as received, The Contributor hereby grants INSPADES, legal representatives and assigns, those for whom INSPADES is acting, and those acting with her authority and permission, the license to use in the Contributor’s name or otherwise, and reuse, publish, republish photographs, artwork, articles and content of The Contributor or in which The Contributor may be included, as well as articles they have produced, in whole or in part, or composite in conjunction with their own or a fictitious name, or reproduction thereof in color or black and white, or otherwise made through any and all media now or hereafter known, for illustration, promotion, art, or any other purpose whatsoever related to INSPADES and their respective affiliations (ie: Hubs, Communities, personal pages, store, social media properties, etc.) or parent or subsidiary companies (ie:Creative Spades,etc.) and any other promotional tools (ie: digital, print, etc.). The Contributor also consents to the use of any text used in conjunction therewith.
The Contributor understands there is no commission for provided materials unless otherwise stated. Any honorariums, free materials, services, magazines, subscriptions or anything else provided to The Contributor by INSPADES, is at the sole discretion of INSPADES, and does not suggest any further contractual obligation between the parties, nor does it premise or suggest that such acts would be continual or are to be expected in exchange for any submissions from The Contributor.
The Contributor hereby agrees to release, discharge and agree to hold harmless INSPADES, legal representatives and assigns, and all persons acting under their permission or authority, or those for whom they are acting, from any liability by virtue of distributing, publishing, sharing, blurring, distortion, alteration, optical illusion, electronic manipulation, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said photos, artwork or content or in any subsequent processing thereof, including without limitation any claims for libel or invasion of privacy, copyright infringement, general liability. Content will only be altered in relation to INSPADES and will only be done in the best interest of the provider and INSPADES.
People of all ages may submit works to INSPADES Magazine, however, Contributors under the age of 16 require parental consent. Age for artwork submissions (excluding modelling work) without parental consent is 16 year of age or older. Age for model submissions is 18 years of age, regardless of parental consent. The Contributor hereby warrants that they are of legal age or have the necessary permission of their parents/guardian to submit their materials for publication and have the right to contract in The Contributor’s own name, and that The Contributor has read the above authorization, release and agreement, prior to its execution and is fully familiar with the contents thereof. This release shall be binding upon The Contributor, their heirs, legal representatives and assigns. The Contributor warrants that any IDs or other documents they have shown to establish their age is legal, valid, and not counterfeit or fraudulent. This release grants INSPADES permission to publish, distribute, share, archive, print, and republish photos, articles, videos, and all content willfully submitted.
The Contributor agrees to notify all involved parties of the content that they have submitted for publication. By accepting this agreement The Contributor agrees that they have permission from all parties, or those of legal age authorized to give permission on behalf of the party (ie: parents. guardians, etc.), to submit the photos/content to this publication and it is the responsibility of The Contributor to notify them and hold no fault to INSPADES for any reason.
The Contributor understands that submissions of content is not a guarantee of publication. Content will be used as it is deemed fit based on timing, deadlines, themes, content etc. Only those selected to be published will be contacted by INSPADES.
All photos submitted will be required to identify all models in each photo and have a model release form attached that allows for distribution and publishing for third parties. If the submitted photos are from different photographers each photo will require release from the relative photographer. For illustrations, and digital manipulations, INSPADES requires the name of the photographer(s) for each image used in your artworks and release of each photo used and (or only the illustrator's release if no photo was used), the release of the artists that created the illustration. INSPADES maintains the right to refuse any submissions that do not provide the above credits.
All articles are subject to proofreading and may be edited for grammar in the best interest of the writer without jeopardizing the integrity of the article. INSPADES understands that not everyone who submits to INSPADES is necessarily a skilled writer or perhaps does not fluently, or at all, speak or write in the language in which INSPADES is produced. Therefore, INSPADES reserves the right to alter artist’s written submissions and quotes for the purposes of creating proper grammar, sentence flow, spelling, verb tense and/or use a more appropriate or verbiage that is more explanatory, demonstrative or simply to refrain from the overuse of a specific word or phrase, and may add to, rearrange or delete any part of a submitted quote for those purposes. This includes quotes that are submitted in reference to the artist by a third party (ie: the artist submits a review or comment about themselves from another person), as by submitting their content, the artist has agreed to take on any and all responsibility for the consent and agreement to the INSPADES’ Terms and Conditions, for any third-party content or property contained within the submission. INSPADES also reserves the right to put submitted quotes in an interview format, and use written submissions and quotes as answers to questions for the sake of clarity or design purposes. This agreement does not extend to altering or distorting the main message or meaning of the artist’s or third party’s original statement or intent, or to incriminate them or misrepresent them in anyway or to suggest they hold views or opinions that they have not actually expressed—it is simply used for the purposes stated above, as well as, to enhance the readability of the artist’s statement to the readers.
For example, let’s say we receive the following quote from an artist in a submission:
“i is a photographer who likes landscaps photgraphs, and feel that when i am behind the cameras i am freed to expressed myself in a very real me way. i love to take pictures, because when i am taking pictures ,i have a picture in my mind of what i want to see, and then i create it in the picture, and it feels amazing!”
INSPADES may change it to this:
“I am a photographer who enjoys landscape photography and feel that when I am behind the camera I am free to express myself in a very authentic way. I love photography because when I have a image in my mind of what I want to see, I am able create that picture with the camera and it is such an amazing feeling!”
It now has proper grammar, spelling, verb tense, sentence flow, is non-repetitive, better expresses and reflects the artist’s message in our language of publication, maintains and does not alter the essence of artist’s original message and is a generally more enjoyable read.
I am submitting my article (collectively with any related images, video, or audio material, and with any related material provided at a later date, the “Article”) to INSPADES (whether INSPADES.NEWS or INSPADES Magazine). I realize that INSPADES may broadly use the article by publishing digitally and/or in print, share across all social media properties, publish across all web properties, and that the article is submitted on the following conditions:
1) I represent and warrant that I am the sole author of the article; that the article is true and not misleading; that I am the present and sole owner of all right, title, and interest in and to the article; that I have the exclusive, unconditional right and authority to submit and convey the article to INSPADES upon the terms and conditions set forth herein; and that no third party is entitled to any payment or other consideration as a condition of the exploitation of the article.
2) I hereby grant (and release) INSPADES a perpetual, worldwide, royalty-free, transferable license, with rights of sublicense, to publish, use for advertising or publicity purposes, and otherwise use the article (or any portion or derivation thereof) in web, print, video, audio, and all other media (including, without limitation, any and all social media) and in any internet, radio, television, or live stage program. I agree that I will not be entitled to any compensation because of the use by INSPADES of the article or any similar material. I understand that INSPADES may create, publish, and otherwise use fictionalized or dramatized versions of the article. I grant INSPADES the right to fictionalize, dramatize, and adapt the article for that purpose. I further acknowledge and agree that others may provide feedback or comments to my article and neither INSPADES nor its affiliates shall be responsible or liable for any such feedback or comments. INSPADES also cannot guarantee that others will not use the article, and INSPADES and its affiliates are not responsible or liable for any use, misuse or misappropriation of your article by others.
3) I further understand that INSPADES would refuse to receive the article in the absence of my acceptance of each and all of the provisions of this release and license. I acknowledge that no fiduciary or confidential relationship now exists between INSPADES and me, and I further acknowledge that no such relationships are established between INSPADES and me by reason of this release and license or because of my submission of the article.
4) I agree to indemnify INSPADES (and its owners, affiliates, officers, employees, and agents) from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys' fees and punitive damages) that may be asserted against INSPADES or incurred by INSPADES at any time in connection with the article, or any use thereof, including without limitation those arising from any breach of the warranties and promises given by me herein.
5) I have retained at least one copy of the article, and I release INSPADES from any and all liability for loss or other damage to the copies of the article submitted to INSPADES hereunder.
6) INSPADES may assign, license, or sublicense its rights hereunder. This release and license will insure ensure to the benefit of any heirs, successors, representatives, assigns, and licensees of INSPADES, and any such heir, successor, representative, assign, or licensee will be deemed a third party beneficiary under this release and license.
8) The Contributor grants all rights, and releases made hereby are irrevocable. Should any provision or part of any provision of this release and license be void or unenforceable, such provision or part thereof will be deemed omitted, and this release and license with such provision or part thereof omitted will remain in full force and effect.
9) This release and license will be governed by the laws Ontario, Canada applicable to agreements executed and to be fully performed therein.
10) I have read and understood this release and license and no oral representations of any kind have been made to me. This release and license states our entire understanding with reference to the subject matter hereof.
11) The Contributor acknowledges all responsibilities for plagiarism, copyright infringements, slander, errors and omissions, general liabilities associated with the article submitted and is responsible for all legal actions that may occur; releasing in full INSPADES, its owner, publisher, associates, etc from all legal actions and responsibilities.
We thank you for your cooperation and welcome to the world of INSPADES!