TERMS & CONDITIONS
TNF Voices is a program operated by THE NEW FEMINIST MAGAZINE. (“TNF”), where independent writers can submit editorial content to THE NEW FEMINIST for potential publication by THE NEW FEMINIST.
1. General Acceptance of Terms
The TNF Voices Dashboard (“Voices Dashboard”) is a platform to enable independent writers (“you” or “user”) to submit original written content (“Content”) for review and potential publication by THE NEW FEMINIST (the “Services”). By accessing the Voices Dashboard, and by submitting Content, you agree to be bound by these THE NEW FEMINIST Voices Terms (“Terms”) and the THE NEW FEMINIST Terms of Service located at LINK, which are incorporated by reference. By agreeing to these Terms you represent that you are at least 18 years of age or older and that you have full power and authority to agree to these Terms and grant the rights granted and contemplated herein.
1.1. As used herein, “Content” includes any posts, articles, and other content you submit to THE NEW FEMINIST via the Voices Dashboard or in connection with the Voices Program, whether or not solicited by THE NEW FEMINIST, and whether or not selected for publication or published by THE NEW FEMINIST.
1.2. The Services, and certain tools and features within the Dashboard are also subject to any additional conditions, terms, and policies that we separately post on the Dashboard (in each such instance, and collectively, “Additional Terms”). The Additional Terms are incorporated into these Terms by this reference, and shall govern your use of the Services, tool, or feature to which they pertain. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
1.3. Some features and tools accessible through the Voices Dashboard are provided by third-party companies pursuant to their own separate terms of service (“Third-Party Terms”), and by using such third-party features and tools, you agree that your relationships with the third-party service providers will be governed by the applicable Third Party Terms.
1.4. Accounts. THE NEW FEMINIST, in its sole discretion, may restrict or terminate your access to the Voices Dashboard (or any part thereof), and remove and discard any Content within the Dashboard, at any time and for any reason.
1.5. Modification Of These Terms. THE NEW FEMINIST reserves the right, in its sole discretion, to modify these Terms (and any Additional Terms) at any time posting a notice on the Voices Dashboard, or by sending notice via email or the Voices Dashboard. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Voices Dashboard following such notification constitutes your acceptance of the terms and conditions of these Terms as modified.
2. Using and Submitting Content via the Voices Dashboard
2.1. Representations and Warranties
2.1.1. You represent and warrant that (i) you are the sole creator of and own all right, title, and interest in and to the Content; (ii) you have not licensed or assigned to anyone else any rights in or to the Content (or otherwise granted anyone else permission to distribute or exploit the Content); (iii) the Content is your original work and has not been published by you or anyone else in any other form or medium at any point; (iv) the Content will be accurate and truthful, and will not infringe any copyright, violate any property rights, or rights of privacy or publicity, or any other rights of any third party.
2.1.2. You agree to promptly notify THE NEW FEMINIST of any facts or circumstances of which you become aware that would make any of the representations set forth herein inaccurate or untrue in any respect.
2.2.1. When you submit Content, you are agreeing to and hereby do irrevocably assign, transfer, and convey to THE NEW FEMINIST all right, title and interest to such Content, including, without limitation, copyrights, trade secret rights, and all other intellectual and industrial property rights of any sort throughout the world.
2.2.2. You agree to and hereby do irrevocably make all assignments necessary to accomplish the ownership described above. You agree to further assist THE NEW FEMINIST, at THE NEW FEMINIST’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights assigned. You hereby irrevocably designate and appoint THE NEW FEMINIST as its agents and attorneys-in-fact, coupled with an interest, to act for and on your behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by you personally.
2.2.3. To the extent allowed by law, these Terms and any license to THE NEW FEMINIST hereunder includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like. You agree that, notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world and without any further compensation, you hereby grant to THE NEW FEMINIST and its licensees and/or assigns, a right and license, but no obligation, of Rights in Contributions, to use your name, likeness, voice, persona, and any biographical data you provide us, for promotional, marketing, advertising, and other purposes. Unless otherwise requested, you will receive byline credit for published Content.
3. User Responsibilities
3.1. You agree not to post or repost any Content on your own website or elsewhere without prior written permission from THE NEW FEMINIST.
3.2. Unless otherwise stated in Additional Terms, submissions are not paid, and THE NEW FEMINIST’s exercise of the rights you grant under this Agreement will not give rise to any obligation to provide payment to you or any third party. Whether or not you are offered any payment for your Content, you agree that getting access to the Voices Dashboard and the opportunity to have your Content considered for publication by THE NEW FEMINIST is adequate consideration for the assignment of rights agreed to and granted herein.
3.3. These Terms supersede and cancels all previous agreements between you and THE NEW FEMINIST concerning the Services and your submission of content to THE NEW FEMINIST. If you previously entered into a written Contributor Agreement with THE NEW FEMINIST, these Terms will supersede that Agreement, but you will still have access to paid assignments.
3.4. You agree to promptly notify THE NEW FEMINIST via the Voices Dashboard in the event you are approached by a third-party regarding licensing any THE NEW FEMINIST-owned content (including your Content) or in connection with any press inquiries regarding the same.
4. Confidentiality Obligations
4.1. You agree that all information you learn or obtain via the Voices Dashboard or through your participation in the Voices Program, constitutes “Confidential Information.” You agree to hold in confidence and not disclose any Confidential Information, and to not use any Confidential Information except as necessary to participate in the Voices Program. When your participation in the Voices Program terminates, or as otherwise requested by us, you must promptly return all items and copies containing or embodying Confidential Information, except that you may keep your personal copies of any compensation records. Please note that users have no expectation of privacy with respect to their activity on the Voices Dashboard. It is your responsibility to save backup copies of any drafts.
You agree to indemnify, defend and hold harmless THE NEW FEMINIST from any and all claims, damages, liability, settlement, attorneys’ fees and expenses, incurred on account of or arising out of any breach by you of any representation, warranty or other provision of these Terms.
6. Independent Contractor; No Employee Benefits
By giving you access to the Voices Dashboard and offering the Services, THE NEW FEMINIST does not intend to and is not creating an employer-employee relationship. You are solely responsible for the manner and hours in which you use the Voices Dashboard or any feature thereof.
These Terms and any account you create with the Voices Dashboard are personal to you and you shall not have the right or ability to assign, transfer, or subcontract your account or any Prompt or Assignment without the written consent of THE NEW FEMINIST. Any attempt to do so shall be void. THE NEW FEMINIST may assign its rights and obligations hereunder in whole or part, without consent, and these Terms and such rights and obligations herein shall be binding upon and inure to the benefit of THE NEW FEMINIST’s successors and assigns. The failure of either party to enforce its rights under these Terms at any time for any period shall not be construed as a waiver of such rights. Unless expressly stated otherwise herein, no changes or modifications or waivers to these Terms will be effective unless in writing and signed by both parties. In the event that any provision of these Terms shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. All rights, licenses and privileges herein granted to THE NEW FEMINIST are irrevocable and not subject to rescission, restraint or injunction. These Terms are governed by the laws of the UK without regard to the conflicts of laws provisions thereof. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys fees. Headings herein are for convenience of reference only.