This Submission Agreement (“Agreement”) is made between The Nonfiction Hotlist, LLC (“Company”) and the Submitter (also referred to as “you” and “I”) and governs your submission and Company’s use of Materials (each as further defined below). 

“Submitter” means a person or entity that accepts and agrees to the terms of this Agreement as of the earlier date (“Effective Date”) where such person or entity either clicks a box indicating acceptance of this Agreement or submits any Materials to Company.

IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT SUBMIT MATERIALS TO COMPANY. COMPANY’S SITE (AS DEFINED IN THE [TERMS OF USE]) AND SUBMISSION OF MATERIALS ARE NOT FOR CHILDREN UNDER 13 YEARS OF AGE. IF AN INDIVIDUAL IS ENTERING INTO THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY, SUCH PERSON REPRESENTS AND WARRANTS THAT IT HAS THE LEGAL AUTHORITY TO BIND SUCH LEGAL ENTITY TO THIS AGREEMENT AND THIS AGREEMENT APPLIES TO SUCH ENTITY WHICH IS DEEMED THE SUBMITTER.

If Submitter and Company have executed a written agreement governing Submitter’s Materials, then the terms of such signed agreement will govern and will supersede this Agreement. By submitting any materials to Company (the “Materials”), I hereby agree to following:

1. I request that Company review the Materials. Company has refused to accept or review the Materials without my acceptance of this Agreement. I have retained at least one copy of the Materials and understand that Company may destroy any copies of the Materials that I submit. 

2. Company has no obligation with regard to the Materials unless we enter into a separate written agreement. Any discussion we may have does not constitute an agreement or create a confidential relationship. 

3. Company is in the business of developing ideas and creative materials. Among such materials now in existence or created in the future (collectively, the “Company Materials”) may be materials similar or identical to the Materials in theme, idea, format, or other respects. I agree that I will NOT be entitled to any compensation (or any other right) because of any use by Company of any such similar or identical Company Materials that were independently created by Company and/or third parties.

4. I hereby irrevocably release Company and its parent entities, board members, managers, partners, employees, officers, members, directors, subsidiaries, licensees, successors, assigns, and affiliates (collectively, the “Released Entities”) from any and all claims, demands, and liabilities of every kind, known or unknown, based on destruction or nonuse of the Materials, and/or arising from Company Materials independently created by the Released Entities and that are demonstrably similar to the Materials. I expressly waive all rights to injunctive or other equitable relief in connection with this agreement and/or Company Materials. 

5. I represent and warrant that I am the sole owner and author of the Materials, that I have the right and authority to submit the Materials to Company upon the terms of this Agreement, that the Materials do not and shall not infringe on any third-party rights, and that no consent, permission, or license is required from any third party for Company’s use of the Materials under this Agreement. I agree to indemnify and hold the Released Entities harmless from and against any and all loss, cost, liability or expenses (including without limitation court costs and reasonable fees of attorneys and other professionals) relating to any claimed breach by me of any term of this Agreement.

6. This Agreement is the entire agreement between Company and me and supersedes all prior agreements and understandings and cannot be amended except in writing signed by the parties. This Agreement is governed in all respects by the laws of New York State and the parties hereby agree to the exclusive jurisdiction and venue of state and federal courts sitting in Kings County, New York. Company may assign this Agreement without restriction; this Agreement is personal to me and may not be assigned by me without Company’s written consent. This Agreement will be binding upon, inure to the benefit of, and be enforceable by and against the successors and assigns of each party to this Agreement.