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GUEST POST CONTACT AND AGREEMENT
This publication agreement (“Agreement”) made between the “Author” whose name and address appears on the receipt generated from a successful payment for a guest post payment, and Sand and Steel Fitness, a Virginia Corporation (“Publisher”) with respect to the work entitled (the Work) submitted as part of the guest post payment. The guest post payment page is: https://www.sandandsteelfitness.com/product/guest-post-payments/.
Rights Granted To Publisher
Section 1.1 The Author grants to the Publisher during the Term (as defined below) of this Agreement assigns the entire right, title and interest of all local, state, and federal property rights (copyright, authorship, trademark rights, publicity) of the Work to the Publisher. The assignment is immediately and nonrevocable for any reason once this document signed. The Publisher has the right to make any changes to the Work for any reason at any time.
Publication and Procedure
Section 2.1 The Publisher agrees to publish the Work on Sand and Steel Website as a new blog post.
- The blog post will be backdated 3 months before the current date unless the “Promoted Post” is selected.
- The blog post will have one permanent, do-follow backlink, unless additional backlinks are purchased in the options. All other backlinks will be stripped from the document or changed do-not-follow.
- It is the Author’s responsibility to periodically check the posts to make sure its content and design is still up to date.
- The Publisher will not deactivate or unpublish the article.
- The publication will be valid for as long as the publisher maintains the sandandsteelfitness.com website.
Warranties and Indemnification
Section 3.1 The Author warrants, to the best of the Author’s knowledge, as follows:
- That the Work is entirely original in all parts including any pictures.
- That no portion of the Work including any pictures have been copied from any other source.
- That Author is the sole owner of all the rights granted to the Publisher in this Agreement, and that Author has the full right and power to enter into this Agreement;
- That this Agreement does not conflict with any arrangements, understandings, or agreements between the Author and any other person or entity;
- That if published it will not infringe upon any proprietary right at common law or any statutory copyright or any other right whatsoever of third parties;
- That the Work is not defamatory or obscene, and contains no matter that is libelous, in violation of any right of privacy or is otherwise in contravention of law, and will not be injurious to any reader, user, or third person.
- That the Work has been checked on https://www.copyscape.com, https://www.grammarly.com/plagiarism-checker, and https://plagiarismdetector.net/ and Author has made 100% sure that nothing is copied from any other source. If any part of the Work has been found to have been copied using these and other similar plagiarism detection websites, the Publisher will email a notice to the Author that the article has been removed from publication. The Author will need to pay a resubmission fee after making the necessary revisions to avoid plagiarizing another source. If the Author is citing a third-party source, make sure the citation is clearly referenced and linked with quote marks. No more than two sentences may be quoted from any third party source.
- That, if published by the Publisher, that the Author will not publish or have published the Work anywhere else. Publication of the same Work, substantially same Work, or similar Work with another Publisher is a material breach of this agreement.
Section 3.2 The Author agrees to indemnify and hold the Publisher and its Affiliates harmless from any claim, demand suit, action, proceeding or prosecution (and liability, loss, expense or damage in consequence regarding text and material provided by Author) asserted or instituted by reason of the publication or sale of the Work or the Publisher’s exercise or enjoyment of any of its rights under this agreement or by reason of any warranty or indemnity made, assumed or incurred by the Publisher, provided in all instances same has been reviewed and consented to in writing by the Author, in connection with the exercise of any of its rights under this agreement. The Publisher shall have the right at its option either to defend the claim, demand, suit, action, proceeding or prosecution by counsel of its selection, or to settle the same on terms it deems advisable; or, with the prior written approval of the Publisher, the Author may defend or settle. The rights and obligations in this Section 5.2 survive the termination date of this Agreement.
Section 4.1 In general, Sand and Steel Fitness publishes articles on Fitness, Mobility, Nutrition, Physical Therapy, Yoga, and Corrective Exercises. Articles relevant to other topics may be declined. Articles relevant to gambling, casinos, drugs, CBD Oil, illicit activity, steroids, etc. will be declined.
Section 5.1 The Publisher shall have up to two weeks to review the submitted article. The Publisher retains the sole right to publish or not publish the article. The Publisher has the right to make any changes to the article.
Section 5.2 The Publisher may decline to publish the article for any reason including low quality writing, errors, plagiarism, lack of relevance, etc. If the Publisher declines to publish the article, your guest post submission fee will be refunded minus a $10 review fee.
Section 5.3 The Publisher reserves the right to decline to link to any website it deems low quality. In the event that the content of the Work is satisfactory, but the link is not, the Publisher shall refund the entire amount to the Author. The Author may also select alternate page to link.
Section 5.4 The Author shall have a period of one week from the date of publication to make any revision requests to the article. After that period no more revisions will be made.
Remedies, Damages, and Reasonable Attorney Fees
Section 6.1 Any breach of the Warranties of Section 3.1 shall provide the Publisher will the following remedies.
- The Publisher may unpublish the article.
- The Publisher may initiate litigation against the Author for breach of this agreement.
Section 6.2 The Author accepts that the minimum damages for any breach of the warranties in section 3.1 is at least $750 USD. This damages are in addition to any other damages such as liability to third parties and loss of reputation.
Section 6.3 The maximum liability the Publisher to the Author this agreement is the guest post submission fee.
Section 6.4 For any litigation arising out of this agreement, the losing party shall be responsible to pay the prevailing party’s reasonable costs and attorney fees.
Section 7.1 Severability. The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof. If any provision or clause of this Agreement, or portion thereof, shall be held by any court or other tribunal of competent jurisdiction to be illegal, void, or unenforceable in such jurisdiction, the remainder of such provision shall not be thereby affected and shall be given full effect, without regard to the invalid portion.
Section 7.2 Waiver. Any term or provision of this Agreement may be waived at any time by the party entitled to the benefit thereof by a written instrument. The failure by any party to enforce any term or provision of this Agreement shall not affect the validity or enforceability of that term or provision.
Section 7.3 Force Majeure. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any act of God or any government or any governmental body, war, terrorist act, insurrection, the elements, strikes or labor disputes, or other similar or dissimilar cause beyond the control of such party.
Section 7.4 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.
Section 7.5 Venue. Any conflict arising out of this agreement shall be tried in the local courts of Alexandria, VA.
Section 7.6 Assignment. Author may not assign this Agreement, or any rights or obligations hereunder, by operation of law or any other manner, without the Publisher’s prior written consent. Upon the death of Author, assignment of Author’s rights may transfer to legal heirs.
Section 7.7 Advice of Counsel. The parties acknowledge and agree that each have had the unrestricted opportunity to consult with independent legal counsel of his/her own choosing, that any decision not to be so represented was voluntarily and independently made by that party, and that the provisions of this Agreement will not be construed in favor of either party.
Section 7.8 Updates to this Agreement. The terms of this agreement may be updated from time to time. In the event this agreement is updated, the Publisher shall provide notice of the update to the Author. The Author shall have 48 hours from the time of notice to decline to accept the updated terms of this agreement. In the event that the updated terms are not acceptable to the Author, the Publisher shall unpublish the Author’s article and refund the guest post payment to Author.