THIS JOURNAL PUBLISHING AGREEMENT ("this Agreement") is made as of the date written below between (whether singly or collectively, the “Author”) and The Zenith! Undergraduate Research Journal for the Humanities (the “Publisher”). For and in consideration of the mutual covenants herein, and other good and valuable consideration, the parties hereby agree as follows:
1. The Author is submitting to the Publisher for possible inclusion in a future issue of the Zenith! Undergraduate Research Journal for the Humanities (the "Journal") an article created by Author and entitled: "________________________________________" (the "Work").
2. The Author grants, during the full term of copyright, the following: (a) an irrevocable non-exclusive right to the Publisher to upload, reproduce, republish, transmit, distribute, and otherwise use the Work in electronic and print editions of the Journal and in derivative works throughout the world, in all languages, and in all media now known or later developed; (b) an irrevocable non-exclusive right to the Publisher to create and store electronic archival copies of the Work, including the right to deposit the Work in open access digital repositories; (c) an irrevocable, non-exclusive right to the Publisher to license others to reproduce, republish, transmit, and distribute the Work under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International Public License; (d) an irrevocable right to the Publisher to publish, post, reformat, index, archive, make available, and link to additional materials that are not an intrinsic part of the Work that Author wishes to make available to readers of the Work (the "Supplemental Materials"); (e) an irrevocable non-exclusive right to the Publisher to upload the Work and Supplemental Materials through Issuu.com, and any other digital repository chosen by the Publisher; and (f) an irrevocable non-exclusive right to Issuu.com or any other such digital repository to transfer, display, perform, reproduce, distribute, and otherwise use the Work and Supplemental Materials (collectively, the "Licenses"). Subject to the Licenses, the copyright in the Work remains with the Author.
3. The Publisher will review the final submission of the Work and Supplemental Materials, and decide, in its discretion, whether or not to publish the Work in the Journal. The Work may be withdrawn by the Publisher in the case of any violation such as plagiarism, false information, etc. Until the Publisher notifies the Author of publication of the Work in the Journal, the Work may be withdrawn by the Author from consideration for publication. The Publisher reserves the right to make non-substantive revisions to the Work before publication, the right to refrain from publishing the Work, and the right to refrain from publishing or linking to the Supplemental Materials. In event of timely withdrawal of the Work from publication, or in the event the Publisher does not publish the Work in the Journal by _____________, 20___ (the "Publication Deadline"), then the Licenses will terminate and this Agreement will have no further effect unless then agreed otherwise in writing by the parties [e.g.- such deadline may be extended for consideration for a subsequent issue of the Journal].
4. The Author represents, covenants, and warrants to Publisher, acknowledging its reliance thereon, the following: (a) the Work is the Author’s original work; (b) the Author holds all copyrights in the Work; (c) the Author has not transferred, conveyed, or encumbered any copyrights in the Work; (d) the Author has not granted any licenses in the Work to third parties; (e) neither the Work nor any of the Supplemental Materials violates any law; (f) neither the Work nor any of the Supplemental Materials contains any defamatory, obscene, libelous, or slanderous materials or any confidential information or trade secrets; (g) neither the Work nor any Supplemental Materials infringes upon any copyright, proprietary rights, intellectual property rights, or privacy rights of any person or entity; (h) the Author has the right to reproduce, revise, distribute, and use images, text, charts, lists, tables, and any other content in the Work and Supplemental Materials; (i) nothing in the Work is plagiarized; (j) the Work is not submitted for review to another journal or publication during the review process by the Journal; (k) when distributing or re-publishing the Work in the future, the Author agrees to credit the Journal as the place of first publication; (l) the Author will notify the Publisher of any changes to its electronic contact information set forth below; (m) the Author has the full power, authority, and capacity to make this Agreement; and (n) the Author agrees to indemnify, defend, and hold harmless the Publisher and its members and employees from any claim, expense, or liability arising from its breach of this Agreement.
5. This Agreement, and every provision thereof, will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns. Wherever the context will require, the singular will include the plural, and the male gender will include the female gender and the neuter, and vice versa. If there is more than one Author, their obligations hereunder will be joint and several. This Agreement reflects the final, entire, and integrated understanding of the parties, and may only be modified by a written amendment signed by the parties.