Terms + Conditions

 

If you are submitting recipes, photos, or any other materials or information to the Maine Community Cookbook, you will need to agree to the following terms and conditions.

Our Privacy Policy is also contained within these terms.

Maine Community Cookbook : MATERIAL LICENSING AGREEMENT

THIS AGREEMENT is made as of the date you agree to the terms and conditions described herein, and is between Karl Schatz (d/b/a Maine Message) having a place of business at 241 Yarmouth Road, Gray, Maine (“Maine Message” or the “Licensee”), and the individual who desires to submit and license the materials (as defined below) for use and publication in the Maine Bicentennial Community Cookbook (“MBCC”) OR the Maine Community Cookbook, Vol. 2 (MCC), and whose contact information has been provided through the MBCC Kickstarter Campaign or the website maine200cookbook.com (“You” or the “Licensor”).  Maine Message desires to: (1) use and publicize the name and likeness of the Licensor; and (2) use and publish Licensor’s recipe(s), photograph(s), and related materials submitted directly or indirectly through website links at, or email associated with, or upload to file management systems associated with, maine200cookbook.com (“Materials”) for the commercial business purpose of publishing the Maine Bicentennial Community Cookbook or Maine Community Cookbook (the “Work”).  In exchange for the intangible value that you will gain for being featured in the Work, and other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge, you give permission for such use and publicity for such purposes, according to the terms and conditions set forth below. 

  1. Grant of Rights. Licensor hereby irrevocably permits, authorizes, and grants Licensee the non-exclusive rights to display, reproduce, publish, adapt, create derivative works, exploit, sell, license and otherwise use and permit others to use: (a) Licensor’s name and likeness (to the extent featured in photographic submissions) and other biographical information; and (b) Licensor’s Materials in perpetuity throughout the universe in all languages and in any medium or format whatsoever now existing or hereafter created, including but not limited to book form, adaptation, anthology, collected works, book club, digest, abridgement, condensation, serialization, syndication, magazine/periodical, audio, video, performance, dramatic, motion pictures, animation, radio and television, theater, on any platform and for any purpose relating to exploitation of the Work, without further consent from or royalty, payment, or other compensation to you. Licensee may register the copyright in the Work as a compilation with the US Copyright Office under applicable copyright laws without further approval from Licensor.

  2. Submission and Acceptability; Credit. Licensee shall determine the style and manner of publication of Licensor’s Materials and shall determine acceptability of the Materials in Licensee’s sole discretion. Any credit or acknowledgment of Licensor, if any, shall be determined by Licensee in Licensee’s sole discretion. Licensee has no obligation to use Licensor’s Materials or to exercise any rights given by this Agreement.

  3. Waiver. Licensor hereby irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions suits, damages, and expenses, including but not limited to claims for copyright infringement, infringement of moral rights, libel, defamation, invasion of any privacy rights, or any other legal theory (“Claims”) in any jurisdiction throughout the world arising directly or indirectly from Licensee’s exercise of rights under this Agreement or the production, exploitation, or other use of the Licensor’s name and likeness and Licensor’s Materials.

  4. Warrantees and Indemnities. Licensor represents and warrants to Licensee that Licensor is at least eighteen (18) years of age and has the full right, power, and authority to enter into this Agreement and grant the rights hereunder. Licensor further represents and warrants to Licensee that Licensor's Materials are original and that use of the Materials and the rights and license granted hereunder do not, and will not, violate any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required in connection herewith. Licensor agrees to defend, indemnify, and hold harmless Licensee from and against all Claims by third parties resulting from Licensor’s breach or alleged breach of this Agreement or any of the foregoing representations and warranties.

  5. Privacy. Licensee warrants to Licensor that Licensee’s personal contact information submitted with the Licensor’s Work will be used only for the purposes of contacting Licensor regarding the Licensee’s Work. Licensee may publish the name of the Licensor, and Licensor’s city or town, associated with the Licensor’s Work. The Licensee will not share phone numbers, email addresses, or physical addresses of Licensor. The Licensee will not sell the Licensor’s personal information to any corporate entity or data collection service.

  6. Governing Law. This Agreement shall be deemed a contract to be performed in the State of Maine; and shall be governed by and construed in accordance with the laws of the State of Maine.

  7. Entire Agreement; Assignment. This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Licensee may assign this Agreement and its rights hereunder, in whole or in part, to any party. This Agreement is binding on and inures to Licensee’s benefit, its successors, and permitted assigns.

  8. THIS AGREEMENT PROVIDES LICENSEE WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING LICENSEE TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR NAME, LIKENESS AND MATERIALS AS SET OUT ABOVE. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE LICENSEE.