SUBMISSIONS; ACCEPTANCE OF AGREEMENT; ALL METHODS OF DELIVERY
1. Definition of Submission.
For purposes of this Agreement, the terms “Submission” and “Submissions” mean any and all content, materials, communications, information, intellectual property, creative materials, proposals, pitches, ideas, concepts, suggestions, photographs, images, artwork, graphics, writings, articles, manuscripts, scripts, treatments, stories, statements, comments, music, musical compositions, lyrics, sound recordings, audio, video, audiovisual works, recordings, performances, voice recordings, likenesses, designs, data, files, documents, attachments, links, metadata, accompanying materials, and any other material or information of any nature whatsoever that you or anyone acting for or on your behalf submits, sends, transmits, uploads, delivers, communicates, provides, presents, distributes, or otherwise makes available to URBAN MAGAZINE.
A Submission includes material provided to URBAN MAGAZINE by any method, medium, technology, platform, channel, or means whatsoever, whether now known or later developed, including, without limitation:
(a) the URBAN MAGAZINE Website;
(b) any submission form, upload page, submission portal, account, application, mobile application, or other online service;
(c) electronic mail or email, including any attachment, embedded material, hyperlink, cloud-storage link, or file-transfer link contained in or associated with an email;
(d) text message, SMS, MMS, messaging application, instant message, or other electronic message;
(e) social-media post, tag, mention, comment, private message, or direct message;
(f) file-sharing, cloud-storage, or electronic-transfer service;
(g) postal mail, certified mail, registered mail, courier, delivery service, or other physical delivery;
(h) hand delivery or in-person delivery;
(i) telephone, voicemail, video conference, meeting, presentation, interview, event, or other oral or audiovisual communication, to the fullest extent applicable law permits such communication to constitute or contain a Submission; and
(j) delivery or communication to any URBAN MAGAZINE employee, officer, director, editor, writer, producer, representative, contractor, agent, department, business unit, parent, subsidiary, affiliate, or other person or entity authorized by URBAN MAGAZINE to receive Submissions.
The definition of Submission shall be interpreted to the fullest extent permitted by applicable law and shall not depend upon the particular method by which the material is transmitted, communicated, delivered, received, accessed, or stored.
2. Agreement Required Before Submission.
You may not make a Submission unless you have first reviewed and agreed to this Agreement.
Where URBAN MAGAZINE provides an electronic submission mechanism, you will be required, before completing your Submission, to affirmatively indicate your agreement by checking a box, clicking or tapping a button stating “I AGREE,” “I ACCEPT,” “SUBMIT AND AGREE,” or substantially similar language.
The affirmative action required to complete the Submission is intended to constitute your electronic signature and your express manifestation of assent to this Agreement.
You understand and agree that you may not complete the Submission without accepting this Agreement.
3. Express Assent for Email and Other Electronic Submissions.
If URBAN MAGAZINE permits Submissions by email or another electronic messaging method, the applicable submission address, instructions, automated response, acknowledgment, or other notice may require you to affirmatively accept this Agreement before URBAN MAGAZINE considers, evaluates, reviews, or uses the Submission.
Such assent may include, without limitation:
(a) clicking an “I AGREE” or equivalent acceptance link;
(b) completing an electronic acceptance form;
(c) checking an acceptance box;
(d) electronically signing this Agreement; or
(e) replying with words expressly confirming acceptance, including “I AGREE TO THE URBAN MAGAZINE SUBMISSION AGREEMENT.”
URBAN MAGAZINE may decline to open, access, evaluate, review, consider, retain, publish, or otherwise use any Submission unless and until the submitter has affirmatively accepted this Agreement.
Where affirmative acceptance is required, URBAN MAGAZINE’s receipt of the material alone shall not obligate URBAN MAGAZINE to review or consider the material.
4. Physical, Oral, and In-Person Submissions.
URBAN MAGAZINE may require any person seeking to make a Submission by postal mail, courier, physical delivery, telephone, meeting, event, presentation, interview, or in person to execute a written or electronic copy of this Agreement before URBAN MAGAZINE accepts or evaluates the Submission.
URBAN MAGAZINE may refuse any Submission for which affirmative acceptance of this Agreement has not been obtained.
Any written or electronic acceptance may apply to all materials identified in, attached to, accompanying, delivered with, or expressly incorporated into that Submission.
5. Effect of Acceptance.
By affirmatively accepting this Agreement and thereafter making a Submission, you acknowledge, represent, warrant, and agree that:
(a) you have had a reasonable opportunity to review this Agreement before making the Submission;
(b) you understand that this Agreement creates a legally binding contract between you and URBAN MAGAZINE;
(c) your acceptance is intentional and constitutes your electronic or written signature to the fullest extent permitted by applicable law;
(d) the Submission is made subject to all terms of this Agreement;
(e) all rights, licenses, authorizations, permissions, releases, waivers, representations, warranties, covenants, indemnification obligations, limitations of liability, dispute-resolution provisions, and other provisions contained in this Agreement apply to the Submission; and
(f) your acceptance applies regardless of the particular method or medium through which the Submission is subsequently transmitted or delivered.
6. Commencement of Rights.
Subject to any mandatory requirements of applicable law, all rights, licenses, permissions, authorizations, releases, waivers, and other rights granted by you to URBAN MAGAZINE under this Agreement shall become effective immediately upon the later of the following:
(a) your affirmative acceptance of this Agreement; or
(b) your transmission, delivery, or provision of the applicable Submission to URBAN MAGAZINE.
Thereafter, such rights shall continue for the duration specified elsewhere in this Agreement.
7. Solicited and Unsolicited Materials.
Unless URBAN MAGAZINE expressly states otherwise in writing, URBAN MAGAZINE does not solicit or agree to receive material outside its authorized submission procedures.
No employee, representative, editor, contractor, agent, or other person has authority to modify, waive, or supersede this Agreement with respect to any Submission except through an express written agreement signed by an authorized representative of URBAN MAGAZINE.
If URBAN MAGAZINE elects to permit an unsolicited Submission to be considered, URBAN MAGAZINE may require the submitter to affirmatively accept this Agreement before the Submission is reviewed or considered.
Receipt, possession, storage, routing, automated processing, security scanning, or transmission of material by URBAN MAGAZINE shall not, standing alone, constitute acceptance of the Submission, an agreement to review it, an agreement regarding confidentiality, or a waiver of this Agreement.
8. No Confidential Relationship.
Except where URBAN MAGAZINE has expressly entered into a separate written confidentiality agreement signed by an authorized representative, no Submission shall create any confidential, fiduciary, agency, trust, advisory, or other special relationship between you and URBAN MAGAZINE.
You should not submit any material that you wish to remain confidential.
9. Electronic Records and Evidence of Assent.
You consent to the use of electronic records in connection with this Agreement.
URBAN MAGAZINE may maintain records reasonably designed to document acceptance of this Agreement, including the date and time of acceptance, version of the Agreement accepted, submission identifier, electronic signature, email address, account information, Internet Protocol address, device or browser information, confirmation records, and other transaction records permitted by applicable law.
Such records may be used to establish the existence, timing, and terms of your acceptance to the fullest extent permitted by applicable law.
10. Separate Acceptance for Material Changes.
If URBAN MAGAZINE materially changes the rights or obligations applicable to future Submissions, URBAN MAGAZINE may require you to affirmatively accept the revised Agreement before making another Submission.
Your acceptance of an earlier version of this Agreement shall not, by itself, constitute acceptance of a materially revised version where affirmative acceptance is required by applicable law.
11. Entire Submission Agreement; No Oral Modification.
This Agreement constitutes the entire agreement between you and URBAN MAGAZINE concerning the Submission except to the extent URBAN MAGAZINE and you enter into a separate written agreement expressly addressing that Submission.
No oral statement, email, informal communication, custom, course of dealing, or representation by any employee, editor, representative, contractor, or agent shall amend, waive, or modify this Agreement unless the amendment or waiver is contained in a writing expressly stating that it modifies this Agreement and is signed by an authorized representative of URBAN MAGAZINE.
12. Severability and Maximum Lawful Effect.
Each provision of this Agreement shall be interpreted, construed, and enforced to the maximum extent permitted by applicable law.
If any provision or portion of a provision is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.