This Million Memory Project Publishing License Agreement (the “Agreement”) is between the author, owner, or creator submitting work (“MMP Program Participant”) and Million Memory Project, LLC (MMP), a North Carolina Limited Liability Corporation. Under this Agreement, the MMP Program Participant grants MMP certain rights as defined below to the work created or owned by the MMP Program Participant and any metadata (collectively, the “Work”) provided by the MMP Program Participant to MMP. In some cases, MMP staff may upload the submitted or created materials to publishing or archival platforms on behalf of the MMP Program Participant, including accepting the associated platform terms, which will be considered binding as part of this Agreement. In some cases, MMP Program Participants may complete this Agreement online but provide the associated content separately, such as via email, FTP upload, or other agreed-upon offline methods; such submissions will still be governed fully by the terms of this Agreement.
The email address provided below should belong to the individual who will take full responsibility for the submission, including the approval of any chapters or other finalized materials that may be produced for publication.
- Grant of Rights. MMP Program Participant hereby grants to MMP a royalty-free, non-exclusive, worldwide right to receive, store, use, reproduce, distribute, display, market, import, export, download and upload, compile with other similar works in a derivative work, and transmit the Work, in whole or in part, in such tangible and electronic formats, sublicense to any third-party publishing platform or distribution platform (“Sublicensee”), as may be in existence now or developed in the future. MMP Program Participant further grants MMP the right to include an abstract, annotation or description, bibliography, and other appropriate metadata in any index and/or finding products or services of MMP, a Sublicensee, or alternative third-party service used by MMP or a Sublicensee. The rights granted herein are perpetual.
- Reservation of Rights. Except for the rights expressly granted or waived to MMP and its Sublicensee(s), the MMP Program Participant reserves to itself all ownership rights in the Work.
- Redistribution of the Work. The rights granted by MMP Program Participant automatically and expressly include the right to allow the distribution of the Work, in whole or in part, by MMP or a Sublicensee or their agents and distributors. MMP Program Participant grants MMP and its Sublicensee(s) the right to make an abstract, annotation or description, and other metadata associated with the Work available to search engines, discovery services, and harvesters. The content being submitted may be used in commercial print publications. MMP PROGRAM PARTICIPANT EXPRESSLY AGREES AND ACKNOWLEDGES THAT THEY ARE NOT ENTITLED TO ANY ROYALTIES FROM MMP OR ANY MMP SUBLICENSEE UPON THE SALE AND DISTRIBUTION OF THE WORK AS CONTEMPLATED UNDER THIS AGREEMENT.
Any Work that is transformed through the editorial process for publishing within books will be sent to the MMP Program Participant for review and approval via the email address provided above. Upon receipt of the proposed publication version (the "proof"), the MMP Program Participant will have ten (10) calendar days to approve, reject, or offer modifications to the proof. If no response is received within ten (10) days, the proof will be deemed approved and may proceed to publication. This process is intended to ensure editorial accountability while preserving the timely production and dissemination of the Work.
- Rejection and Removal from Program. MMP reserves the right to decline publishing or to reject for publication an MMP Program Participant’s Work. MMP reserves the right to REMOVE any Work from MMP or a Sublicensee’s platform, at any time for any reason or no reason at all. Should the MMP Program Participant subsequently seek to revoke the license granted herein, they must provide an email, directed to MMP at the following address: support@millionmemoryproject.org. MMP shall, within 180 days of receipt of such request, remove the Work from the MMP platform. However, materials will not and cannot be removed from any print publications that may have already been produced with the submitted Work.
- Delivery of the Work. MMP Program Participant shall provide MMP any and all necessary supporting documents during the online submission process.
- Rights Verification. MMP Program Participant represents and warrants that they are the copyright holder of the Work and have all necessary rights and licenses to the Work, including third-party material incorporated within the Work (including but not limited to images, photographs, logos, service marks, and copyrighted material contained within the Work) necessary to permit MMP to reproduce, distribute, and sublicense the Work as contemplated in this Agreement. MMP Program Participant is solely responsible and will indemnify MMP and its Sublicensees for any third-party claims related to the Work as submitted to MMP. If MMP Program Participant has an actual, constructive, or a good faith belief that an infringement claim is likely to occur with regard to any content included in the Work, they will immediately notify MMP, who will promptly discontinue offering the infringing content or providing access to the infringing content.
- No Assurances. If MMP Program Participant’s Work is selected for publication and distribution on an MMP Sublicensee’s platform, MMP makes no assurances and no representations about possible sales, number of reviews, persons who may review the Work, amount of publicity about the Work, or any monetary offers by a third party to publish the Work.
- Governing Law; Jurisdiction; Venue. This Agreement shall be governed and construed by the laws of the State of North Carolina. MMP Program Participant agrees to submit to the exclusive personal jurisdiction of Madison County, North Carolina, and a competent court that would have subject matter jurisdiction over the dispute that arises out of this Agreement or any transaction contemplated under this Agreement. Heretofore, MMP Program Participant waives any objections and affirmative defenses as to the personal jurisdiction of a competent court in Madison County, North Carolina that would have personal jurisdiction or the venue of said proceedings.
- Waiver. The failure of any party to enforce any provision of this Agreement will not constitute a waiver of the party’s rights to subsequently enforce the provision. The remedies specified in this Agreement are in addition to any other remedies that may be available to a party at law or in equity.
- Severance. If any provision of this Agreement is held to be invalid, such invalidity will not affect the remaining provisions.
Acknowledgment: I have read, understand, and agree to this Million Memory Project Publishing License Agreement, including all rights, restrictions, releases of liability, warranties, and indemnities.