FieldReport Submission Agreement

READ THIS ENTIRE SUBMISSION AGREEMENT BEFORE YOU SUBMIT ANY CONTENT TO THE FIELDREPORT WEBSITE (THE "SITE"). WHEN YOU CLICK ON THE "I AGREE" BUTTON, OR WHEN YOU USE ANY OTHER METHOD OF SUBMITTING CONTENT TO THE SITE, YOU ARE AGREEING TO A BINDING LEGAL CONTRACT BETWEEN YOU AND FIELDREPORT, INC. ("FIELDREPORT") FOR THE PUBLICATION AND USE OF YOUR SUBMISSION. THIS CONTRACT GIVES YOU CERTAIN RIGHTS WITH RESPECT TO THE CONTENT, BUT MAY CREATE FUTURE LIMITATIONS ON HOW YOU CAN USE THE CONTENT, ALONG WITH CERTAIN OBLIGATIONS, INCLUDING YOUR RESPONSIBILITY TO WARRANT AND GUARANTEE THAT THE CONTENT BELONGS TO YOU AND THAT YOU HAVE THE RIGHT SUBMIT IT TO FIELDREPORT. You must be at least 18 years old to submit content to the site, except that persons at least 13 years of age and less than 18 may join the site and submit to the TeenReport category with the advice and permission of their parent or legal guardian.

As used in this agreement, the "Content" means the work you are submitting to FieldReport, together with any other material that is submitted as part of, in support of, or in association with the Content, including, without limitation, written work, photographs, audio recordings, video recordings, and biographical or explanatory information.

1. You Retain Copyright Ownership of the Content. FieldReport does not claim ownership of any Content you publish on the Site. You retain all ownership of and copyright to the Content, subject to any license you grant according to this Agreement. You agree that FieldReport may register copyright in your name, and that you will cooperate fully in this registration.

2. You Agree to Provide a Basic Site License to FieldReport for the Content. You agree that you grant to FieldReport a perpetual and irrevocable Basic Site License, as defined in Section 4, in regard to the Content.

3. You Agree to Provide an Additional Level of Licensing for FieldReport Contest Entries. If the Content is an entry into FieldReport contests, then you agree to grant to FieldReport an Exclusive Marketing License with regard to the Content, as defined in section 4, and further agree that this license will remain in force for 18 months from the date of your submission. If, within that 18-month period, you receive at least $100,000 in total compensation from all sources for the Content (including FieldReport Advances, as defined in Section 6), then you agree that this Exclusive Marketing License will extend for an additional 14 years. Alternatively, if within the 18-month period following your submission, you receive at least $5,000 but less than $100,000 in total compensation from all sources for the Content (including FieldReport Advances), then you agree that this Exclusive Marketing License will extend for an additional 5 years. You further agree that upon the expiration of any Exclusive Marketing License (18 months plus any extension above, as applicable), the Basic Site License granted in Section 2 shall continue to remain in force.

4. The Licenses You Grant Have Specific, Defined Meanings. A Basic Site License applies to all Content you submit to the Site. This License allows FieldReport to publish and display the Content on the Site, on all future evolutions and permutations of the Site, on any associated, affiliated or successor sites, and in any medium or context that is related to promoting or publicizing the Site. It also allows FieldReport to use the content for the site's internal business purposes. A Basic Site License grants FieldReport the discretion to make minor editorial changes and corrections to the content; it allows the content to be adapted for future technologies, and translated for different languages and cultures. A Basic Site license also allows the Content (or any part of it) to be included in printed and electronic publications created, marketed and sold by FieldReport to its members and others. By itself alone, a Basic Site License does not allow FieldReport to sublicense the content to third parties for profit, but the License and the rights granted by it may be incorporated into an Exclusive Marketing License that does allow for this. By itself alone, a Basic Site License is not exclusive: as long as the Content is not also covered by an Exclusive Marketing License, you may independently market and sell the Content to third parties and you may create modified or derivative versions of the Content with no obligation or payment to FieldReport. An Exclusive Marketing License includes and incorporates the above Basic Site License, granting all the rights provided by that License. An Exclusive Marketing License also allows FieldReport to publish, reproduce, display, perform, distribute, modify, adapt, revise, create derivative works based upon, and otherwise use and sublicense the Content, or any portion of the Content, in any manner, form, media or technology, whether existing or in the future, without limitation. This license specifically allows FieldReport to include the Content in printed and electronic publications for sale, and to sublicense the Content to third parties for profit. FieldReport agrees to obtain your approval for adaptations, significant editorial revisions, and derivative works, but you agree not to withhold such approval unreasonably, and you further agree that approval will not be required if you do not respond within 30 days from notification to your registered e-mail address on the Site. An Exclusive Marketing License grants exclusive marketing rights to FieldReport, and while it is in force, you agree that you will not market the Content to any third party, except through, or with the express permission of, FieldReport. If, during the term of an Exclusive Marketing License, you create any new work that is a modified or derivative version of the original Content, then you agree that this new work shall be considered a part of the Content for the purposes of this agreement, and you agree that it shall be licensed with the original Content and under the same terms as the original Content from the moment of its creation. A "modified or derivative version" is defined as a work that incorporates any significant part of the original Content, or is similar to or derived from any significant part of the original Content—with the exception that a printed, book-length memoir or autobiography in which the Content makes up only a single, discrete episode among many such discrete episodes shall not be considered a modified or derivative work for the purposes of this agreement. WITH EITHER LICENSE ABOVE, you grant to FieldReport the right to use certain information about yourself in connection with the Content to which they apply, including your name, pen name, persona name, image, and other profile information, as long as you have made this information publicly available on the site at any time in connection with the licensed Content. You recognize that this information may be used in the exhibition, broadcast, distribution, advertising or promotion of the Content and the Site, and any contests offered through the Site. WITH EITHER LICENSE ABOVE, you grant to FieldReport the right to preserve the Content for future posterity by sublicensing any of FieldReport's rights in the Content to one or more third-party conservation organizations. You also agree that FieldReport has no obligation to publish, use, keep or return any Content , and that FieldReport may remove any content from the Site at any time and in its sole discretion. BOTH LICENSES ABOVE are irrevocable during the term of the license. By granting these licenses, you recognize that you may not be able to edit, withdraw, or remove the Content from the Site, except according to the policies of FieldReport and with its express permission. BOTH LICENSES ABOVE are worldwide and without geographical limitation. NO LICENSE ABOVE prevents you from using the Content on your personal website or blog, or allowing the content to be used without payment by any not-for-profit website.

5. FieldReport Agrees to Compensate You for the License You Grant As full compensation for each applicable license and for all other rights you have granted pursuant to this Agreement, FieldReport agrees to pay you the following, as applicable:

(a) 15% of the Net Revenues (as defined in this Subsection) actually received by FieldReport for the direct sale of books or other publications, in any form or format, containing the Content (the "Royalties"). "Net Revenues" means monies actually received from the sale or licensing of the content, less credits, returns, shipping costs, duties and customs fees, insurance, discounts, fees, third party royalties, commissions, sales taxes and other pass-through amounts.

(b) 75% of the Net Revenues actually received by FieldReport from licensing the Content to third parties (the "Licensing Fees").

(c) If the Content is licensed or sold in combination with other content, such as in the publishing of a compilation, the Net Revenues attributable to the licensed content will be calculated by dividing the number of words in the Content by the number of words in the total work and multiplying that percentage by the Net Revenues received for the entire work. In a work that combines text with other media (like photographs) FieldReport may modify this calculation so that it is based on some other reasonable standard, to be determined by FieldReport in its sole discretion. In no case will the entire royalty payable by FieldReport to all parties for a particular work differ from the amounts in Sections 5(a) or 5(b) above.

(d) If the Content is a winner of any FieldReport monetary prize (including the TeenReport scholarship award), then from the time the prize is paid into your FieldReport account or delivered to you by other means, then you agree to waive and forego all additional Royalties and Licensing Fees on the Content that would have been due under 5(a), 5(b), and 5(c) above, until such time as the sum of Royalties and Licensing Fees that you have waived becomes equal to the monetary value of the prize awarded for the winning Content.

6. FieldReport May Pay Royalties and Licensing Fees in Advance. At its sole discretion, FieldReport may make an advance payment (a "FieldReport Advance") into your account in relation to the Royalties and Licensing Fees that would be paid to you for any piece of Content. A FieldReport Advance applies only to the specific Content for which it is given, along with any modified or derivative versions included in the Content (in accordance with Section 4). If FieldReport pays a FieldReport Advance into your account, you can withdraw the money and use it for your own purposes. Until the Advance is paid back, FieldReport will retain the Royalties and Licensing Fees you would be owed for the content on which the Advance was made. The Advance is yours to keep and you are not obliged to make any other form of repayment.

7. Payments Will Be Made into Your FieldReport Account. All Royalties, Licensing Fees, Prizes, and Advances will be paid into your FieldReport Account, and you can use your account balance for purchases on the Site or you can request cash disbursement at any time as provided for on the Site, as long as the balance in your account exceeds $20.00. FieldReport reserves the right to charge a reasonable processing fee to cover the cost of disbursements.

8. You Agree to Abide by FieldReport Community Rules. You acknowledge that you have read and agree to abide by the FieldReport Community Rules set forth in the FieldReport Terms of Use, as may be amended from time to time, with or without notice, at FieldReport's sole discretion, and you agree not to submit any Content that does not comply with those Rules.

9. Eligible Content is Subject to FieldReport Contest Rules. If eligible, content submitted to the Site may be entered into various FieldReport contests. By entering the Content into FieldReport contests, you agree to participate in these contests and acknowledge that you have read and agree to all of the terms, conditions, and rules in the FieldReport Contest Rules. If you are a minor from 13 to 17 years old, you represent that you have obtained the permission of your parent or legal guardian to participate in these contests, and recognize that as a condition of being awarded any prize, that the signature of your parent or legal guardian will have to be obtained on the Submission Agreement and any other documents required by the FieldReport Contest Rules to perfect FieldReport's license rights in the winning Content.

10. Representations and Warranties. You represent and warrant that (a) the Content is original to you and that you are the owner of all right, title and interest in the Content and can grant the rights you have granted here with respect to such Content, (b) you have the unconditional right to submit the Content to FieldReport according to this agreement and that, to the best of your knowledge and belief, the Content and its use as provided for in this agreement do not infringe upon any law or regulation, or the rights of any third party, including intellectual property rights, rights of privacy and rights of publicity, (c) the Content does not contain any malware, software, or other computer programming routines that are intended to detrimentally interfere with any computer system publishing system, or data, (d) all statements that you assert as fact are true and accurate, and (e) all Content complies fully with all submission rules. You acknowledge that it is your sole responsibility to obtain all permissions and releases necessary to grant the licenses contained in this Agreement.

11. Waiver and Release. By submitting the content, you release FieldReport from any and all liability, and waive the right to make any claim against FieldReport arising our of or relating to the Content or the use of your name, pen name, persona name, image, and other profile information, including, but not limited to, claims of infringement, unfair competition, breach of implied contract, breach of confidentiality, and violation of the right of privacy or rights of publicity. You agree to execute any documents that FieldReport may reasonably request to confirm its right to use the content as described in this agreement.

12. Indemnity. You hereby agree to defend, indemnify, and hold harmless FieldReport and its subsidiaries, affiliates, successors and assigns from and against any and all claims, demands expenses, losses or liabilities, including reasonable attorney's fees and any damages arising in connection with the Content, or any use of the Content, including those arising from any breach or alleged breach of the warranties, representations and promises provided by you in this Agreement. In the event of any claim, FieldReport may withhold payments that would otherwise be due to you pursuant to this Agreement as security for your obligations under this paragraph.

13. Similar Content. You acknowledge and agree that many true life stories are similar, and that FieldReport may have access to or may independently create content with similar or identical themes, plots, or other elements of the Content. You agree that you will not be entitled to any compensation if FieldReport uses similar or identical Content. You further acknowledge that all Content is intended and appropriate for publication and public display and that the Content will not be treated as confidential.

14. Miscellaneous. This agreement embodies the parties' entire agreement and supersedes any prior agreement of any form with respect to the Content. No modification, deletion, or amendment of any provision is binding unless signed in writing by each party. This agreement will be construed and interpreted according to the laws of the State of California, and any dispute shall be heard under the jurisdiction of the state and federal courts located in the State of California with venue in San Francisco County. All of the covenants, terms, provisions and agreements contained in this agreement will benefit and be binding upon both parties, their heirs, legal representatives, successors and assigns. If any court of competent jurisdiction finds any portion of this agreement to be unenforceable, then the remainder of the Agreement will be enforced to the maximum extent permissible, and in such a way as to best preserve the intent of both parties. A waiver of any provision of this Agreement by a party shall not be construed as a waiver of the entire Agreement, and each provision hereof which, by its nature, should survive any termination of this Agreement shall so survive.

I AGREE. I am at least 18 years old, and I have read and agree to all of the terms and conditions of this Submission Agreement.