Fantasmal Libraries License

BEFORE SUBMITTING ANY CONTENT TO US, PLEASE REVIEW THIS LICENSE AGREEMENT CAREFULLY.  YOUR WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS LICENSE ("LICENSE"). BY SUBMITTING YOUR WORK TO US FOR INCLUSION IN THE FANTASMAL LIBRARIES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, YOU GRANT US THE RIGHTS CONTAINED HEREIN IN CONSIDERATION OF YOUR USE OF OUR SERVICES AND OUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1.         Definitions

• (a) "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with one or more other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.

• (b) "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.

• (c) "Licensor" means you, the individual, individuals, entity or entities that offers the Work under the terms of this License.

• (d) "Original Author" means the individual, individuals, entity or entities who created the Work.

• (e) "Work" means the copyrightable work of authorship offered under the terms of this License.

• (f) "Us," "We," and "Our" means Mr. A.W.G. Coleman and the World of Mendala collection of websites, and their successors, heirs, and assigns exercising and granting rights under this License.

2.         No Guarantee of Acceptance and Inclusion

We encourage all of our readers and visitors that have Works that they feel would enhance the World of Mendala to contribute those Works to Us.  However, we are under no obligation to accept, display, or otherwise utilize, or continue to utilize any Work submitted to us.  The decision to accept, display, or otherwise utilize or continue to utilize any Work is in Our sole discretion.

3.         No Payment for Submissions

Before you submit a Work to us, please understand that we do not pay for Works.  As further set forth below, your License to Us is royalty-free, which means that we will not provide payment for the License you grant to Us.  This is an essential part of the License and you acknowledge that We would not accept this License without this provision. 

4.         Fair Use Rights.

Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

5.         License Grant.

Subject to the terms and conditions of this License, Licensor hereby grants Us a worldwide, royalty-free, non-exclusive, irrevocable, perpetual license to exercise the rights in the Work as stated below:

• a) to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;

• b) to create and reproduce Derivative Works provided that any such Derivative Work, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from French to English," or a modification could indicate "The original work has been modified.";

• c) to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;

• d) to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.

• e) For the avoidance of doubt, where the Work is a musical composition:

1. Licensor waives the exclusive right to collect, whether individually or, in the event that Licensor is a member of a performance rights society (e.g. ASCAP, BMI, SESAC), via that society, royalties for the public performance or public digital performance (e.g. webcast) of the Work.

2. Licensor waives the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord We create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).

• f) For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society, royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).

• g) The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. The above rights may be assigned by Us to a third party.

6.         Restrictions.

The license granted in Section 5 above is expressly made subject to and limited by the following restrictions:

• (a) We may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of a recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not impose any technological measures on the Work that restrict the ability of a recipient of the Work from Us to exercise the rights granted to that recipient under the terms of the License. This Section 6(a) applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License.

• (b) If We distribute, publicly display, publicly perform, or publicly digitally perform the Work (as defined in Section 1 above) or any Derivative Works (as defined in Section 1 above) or Collective Works (as defined in Section 1 above), We will, unless you request otherwise, provide, reasonable to the medium or means We are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; and, consistent with Section 5(b) in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 6(b) may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear, if a credit for all contributing authors of the Derivative Work or Collective Work appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors.

7.         Representations, Warranties and Disclaimer

Licensor represents and warrants that (i) Licensor is the owner of or has obtained all necessary rights to the Work furnished to Us, including rights to use the name of Licensor, and including without limitation all copyrights; (ii) the Work shall not in any way violate any existing law, infringe upon or misappropriate any copyright, trade secret, right of publicity, right of privacy, or any other proprietary or intellectual property rights of any third party; (iii) the Work does not contain any matter that is libelous or defamatory, or obscene; (iv) there is no pending or threatened litigation, including court, administrative or arbitral proceedings, which if decided adversely to Licensor would interfere in any material manner whatever with Our right to use the Work; and (v) Licensor has full power and authority to enter into this Agreement and that We have the power, right and authority to publish the Work on Our website. We represent and warrant that We have full power and authority to enter into this License Agreement. Except as expressly set forth herein, the parties acknowledge that the Work to be supplied to Us is supplied "as is," with no representations regarding its fitness or quality.  EXCEPT AS EXPRESSLY SET FORTH ABOVE, EACH PARTY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

8.         Limitation on Liability.

IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF PROFITS, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT FORESEEABLE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.         Termination

• a) This License and the rights granted hereunder may be terminated by Licensor if We breach this License Agreement and do not cure such breach within forty-five (45) days of receipt of notice of breach. Individuals or entities who have received Derivative Works (as defined in Section 1 above) or Collective Works (as defined in Section 1 above) from Us under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Provisions of this License that are intended to survive this License shall survive termination.

• b) Subject to the above terms and conditions, the license granted here is perpetual. Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

10.       Miscellaneous

• a) If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

• b) No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.

• c) The parties to this Agreement are independent contractors and an agency, joint venture, partnership, fiduciary relationship, or any other relationship other than in the nature of independent contractor, shall not arise from this Agreement, and neither party has the right or authority to act for, or on behalf of, the other party. Headings are for the convenience of reference only and do not alter the rights and obligations of the parties.

• d) This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without reference to its choice of law rules. The Parties agree the venue for the resolution of any dispute or controversy between the Parties shall be instituted only in the courts of the Commonwealth of Virginia sitting in the County of Henrico or the United States District Court for the Eastern District of Virginia, sitting in the City of Richmond and each of the parties hereby waives any objection that it may have to the laying of venue of any such suit, action or proceeding and irrevocably submits to the exclusive jurisdiction of such courts in any suit action or proceeding.

• e) This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. We shall not be bound by any additional provisions that may appear in any communication from Licensor. This License may not be modified without the mutual written agreement of the Licensor and Us.