- This Submission Release (“Release”), is a legal release executed by you ("Submitter") for the benefit of Westlake Gavin Publishers LLC, a limited liability company organized and existing under the laws of the State of New York with a mailing address of 1562 First Avenue #205-3936, New York, NY 10028 (“Westlake”).
- Submitter would like Westlake to review the Submitter's customization request, request for professional services, license inquery, suggestions, or feedback (the “Submission”).
- Submitter understands that Westlake would refuse to accept and evaluate the Submission in the absence of Submitter’s acceptance of each and all of the provisions of this Release. Submitter acknowledges that no fiduciary or confidential relationship now exists between the Parties, and Submitter further acknowledges that no such relationships are established between the Parties by reason of this Release or by reason of Submitter’s submission to Westlake.
- Submitter consents that this Release:
- Includes (i) the original Submission with any subsequent changes or additions and (ii) any new Submissions.
- Includes Submissions that are written or verbal.
- Will remain in effect until a new written agreement is executed by both parties.
- By making the Submission, Submitter agrees:
- That Submission will become property of Westlake
- That Submitter will not be entitled to any compensation for Westlake’s use of the Submission.
- Not to make any legal claims, whether of copyright infringement or under any other legal theory, against Westlake for any real or perceived use of the Submission.
- That Westlake is under no obligation to review the Submission.
- That Westlake is under no obligation to use the Submission.
- That Westlake may use or redistribute the Submission for any purpose and in any way, commercial or otherwise, in any time-frame.
- Submitter acknowledges that Westlake receives numerous Submissions of requests, suggestions, feedback and the like and that many such Submissions received by Westlake are similar to or identical to others submitted to or developed by Westlake, its employees or other Submitters, or are otherwise available to Westlake. Therefore, Westlake has the right but not the obligation to give the Submitter credit for this Submission (unless Submitter requests not to receive credit.)
- Submitter represents and warrant that Submitter is the sole creator of the Submission; that Submitter is the present and sole owner of all right, title and interest in and to the Submission; that Submitter has the exclusive, unconditional right and authority to submit the Submission to Westlake upon the terms and conditions set forth herein; and that no third party is entitled to any payment or other consideration as a condition of the exploitation of the Submission.
- Submitter agrees to defend and indemnify Westlake from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys' fees and punitive damages) that may be asserted against Westlake or incurred by Westlake at any time in connection with the Submission, or any use thereof, including without limitation those arising from any breach of the warranties and promises given by Submitter herein.
- Submitter agrees to give Westlake written notice by registered mail of any claim arising in connection with the Submission or arising in connection with this Submission Release, within 15 calendar days after Submitter acquires knowledge of such claim.
- Submitter releases Westlake from any and all liability for the loss of the Submission submitted to Westlake hereunder.
- Submitter hereby acknowledges and agrees that there are no prior or contemporaneous oral agreements in effect between Submitter and Westlake pertaining to the Submission, or pertaining to any material (including, but not limited to, agreements pertaining to the Submission by Submitter of any requests, suggestions, feedback, or the like). Submitter further acknowledges that no other obligations exist or shall exist or be deemed to exist unless and until a formal written agreement has been prepared and entered into by both Parties, and then the Parties rights and obligations shall be only such as are expressed in said formal written agreement.
- Should any provision or part of any provision be void or unenforceable, such provision or part thereof shall be deemed omitted, and this Release with such provision or part thereof omitted shall remain in full force and effect.
- This Release shall be governed by the laws of the State of New York applicable to agreements executed and to be fully performed therein. Submitter consents to the exclusive jurisdiction of the courts located in the City and State of New York and waives any and all objections to any disputes relating to this Release being heard in such courts.