The Corresponding Contributor and all co-authors of the Contribution are collectively referred to as “Contributors” and individually as a “Contributor.” Contributors transfer and assign to the owner of the Journal (hereinafter, the “Proprietor”), Proprietor for the full term of copyright and any extensions and renewals thereof, all right, title, and interest in copyright, and all of the rights comprised therein and all remedies afforded by law, throughout the world, exclusive of any copyrightable material (text or graphic) owned by others, and any revisions thereof prepared and submitted by Contributors, including without limitation the right to register copyright in the Article in the name of the Proprietor, and the exclusive right to reproduce, publish, republish, prepare all foreign language translations and other derivative works, distribute, sell, license, transfer, transmit, and publicly display copies of, and otherwise use the Article, in whole or in part, alone or in compilations, in all formats and media and by any method, device, or process, and through any channels, now known or later conceived or developed; and the exclusive right to license or otherwise authorize others to do all of the foregoing, and the right to assign and transfer the rights granted hereunder. To the extent that any right now or in the future existing under copyright is not specifically granted to the Proprietor by the terms of this Agreement, such right shall be deemed to have been granted hereunder.
With respect to the abstract of the Article (“Abstract”) and any Supplemental Materials, as defined in Section 2 of the Terms of the Agreement, provided by Contributors, Contributors hereby grant to Proprietor on a non-exclusive basis, all rights and licenses set forth above with respect to the Article. The Article, Abstract, and Supplemental Materials are collectively referenced herein as the “Contribution”.
TERMS OF THE AGREEMENT
1. Warranties; Indemnification
Contributors, jointly and severally, warrant and represent that (a) all Contributors have the full power and authority to enter into and execute this Agreement and to assign the rights granted herein, and that such rights are not now subject to prior assignment, transfer, or other encumbrance; (b) the Contribution is the original work of Contributors (except for copyrighted material owned by others for which written permission has been obtained), has not been previously published in any form (except for any previous public distribution of the Contribution, which has been disclosed in writing to the Editor), and has been submitted only to the Journal; (c) the Contribution does not infringe the copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party, and do not contain any material that is libelous or otherwise contrary to law; (d) all statements and presentation of data in the Contribution asserted as factual are either true or based on generally accepted professional research practices, and no formula or procedure contained therein would cause injury if used in accordance with the instructions and/or warnings included in the Contribution. In the event that any of the foregoing warranties or representations are breached, Contributors, jointly and severally, shall indemnify and hold harmless Proprietor, the Journal’s Editor, and Proprietor’s affiliates, assigns, and licensees (expressly including BRIQ, if BRIQ is not the Proprietor), against any losses, liabilities, damages, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breach.
2. Supplemental Materials
Supplemental Materials, as used in this Agreement, means all materials related to the Article, but not considered part of the typeset Article as published in the Journal, provided by Contributors to Proprietor. Supplemental Materials may include, but are not limited to, data sets, audio-visual interviews and footage including podcasts (audio only) and vodcasts (audio and visual), appendices, and additional text, charts, figures, illustrations, photographs, computer graphics, and film footage. Contributors’ grant of a non- exclusive right and license to Proprietor for these materials in no way restricts re-publication of the Supplemental Materials by Contributors or anyone authorized by Contributors.
3. Copyediting; Proofreading; Color Images
The Editor and/or Proprietor (and/or BRIQ, if different from Proprietor) may copyedit the Contribution and Supplemental Materials, if any, for clarity, brevity, accuracy, grammar, word usage, and style conformity and presentation as the Editor and/or Proprietor deems advisable for production and publication in the Journal. Corresponding Contributor shall proofread proofs of the Contribution and indicate any proposed corrections or other changes and their timely return to Proprietor as directed, with time being of the essence.
4. Publishing Ethics & Legal Adherence
Contributions found to be infringing this Agreement may be subject to withdrawal from publication (see Termination below) and/or be subject to corrective action. The Proprietor (and/or BRIQ if BRIQ is different than the Proprietor) reserves the right to take action including, but not limited to: publishing an erratum or corrigendum (correction); retracting the Contribution; taking up the matter with the head of department or dean of the author's institution and/or relevant academic bodies or societies; or taking appropriate legal action.
5. Termination
This Agreement must be signed by or on behalf of all the copyright holders in the Contribution as a condition of publication. Proprietor makes no guarantee that the Contribution will be published in the Journal. If for any reason the Contribution is not published in the Journal, then all rights in the Contribution granted to Proprietor shall revert to Contributors and this Agreement shall be of no further force and effect, and neither Proprietor (nor BRIQ if different from Proprietor) nor Contributors will have any obligation to the other with respect to the Contribution.
6. General Provisions
In the event a dispute arises out of or relating to this Agreement, the parties agree to first make a good-faith effort to resolve such dispute themselves. Upon failing, the parties shall engage in non-binding mediation with a mediator to be mutually agreed on by the parties. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, which the parties cannot settle themselves or through mediation, shall be settled by arbitration. In any legal action or other proceedings (including arbitration proceedings) between the parties, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs and expenses incurred in such action or proceeding, including without limitation, reasonable attorneys’ fees and costs.
No amendment or modification of any provision of this Agreement shall be valid or binding unless made in writing and signed by all parties. This Agreement constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior and contemporaneous agreements, understandings, and representations. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. This Agreement may be executed in counterparts, each of which shall be deemed the original, all of which together shall constitute one and the same instrument. A faxed copy or other electronic copy of this Agreement shall be deemed an original. The parties authorize that their electronic signatures act as their legal signatures of this Agreement.
7. Declaration of Conflicts of Interest
Contributors certify that all potential conflicts of interest have been acknowledged in the Contribution and covering letter accompanying the Contribution, including but not limited to, all forms of financial and commercial support, including any commercial or financial involvements that might present an appearance of a conflict of interest related to the Contribution and any other potential conflicts identified in the Journal’s manuscript submission guidelines.
8. Contributor’s Responsibilities with Respect to Third Party Materials
Contributors are responsible for: (i) including full attribution for any materials not original to the Contribution, (ii) securing and submitting with the Contribution written permissions for any third party materials allowing publication in all media and all languages throughout the world in perpetuity, (iii) making any payments due for such permissions.
• BRIQ will provide the Corresponding Contributor of the Contribution with an electronic copy of the Contribution.
If more than one copyright ownership applies to the Contribution, each Contributor should sign a hard copy of this agreement.
Please contact briq@briqjournal.com with any questions or to receive a hard copy of this Agreement.
The copyright to the Work is owned by the Contributors. Contributor represents and warrants that the copyright to the Contribution is owned by the Contributor(s).
By signing this Agreement on behalf of all Contributors, the signing Contributor represents and warrants that he/she has received written permission from each Contributor to sign this Agreement on his or her behalf and to transfer the rights as set forth herein. Contributors understand that he/she each has the option of having each Contributor sign a separate copy of this Agreement by contacting the Editorial Office for a version of this Agreement to be signed by each Contributor and returned directly to the Editorial Office.
The Journal uses Creative Commons Attribution 4.0 International License ( CC BY 4.0 ), which means that texts may be copied, downloaded, redistributed, and shared only if appropriate credit is given.