The Albatross Contributor Agreement

The Albatross loves its contributors and we always wants to show our appreciation for your help and support to make TheAlbatross.ca a success, but we need you to know that under no uncertain circumstances do we intend to pay or compensate you in any way beyond giving you a forum for your work. Sure, one day we hope to pay everyone. One day we hope that the Albatross will be such a success that we can pay our contributors, some chauffeurs, a few cabana boys and maybe even have a cabana. However, for the time being you’re not getting paid and if one day you run into one of the founders of The Albatross and he has gold teeth and is driving some sort of swanky space age hovercraft, you’re not getting any compensation for your work unless we have formally agreed otherwise. It’s not because we are assholes. It is just that we are three young recent university graduates who really don’t have any money and are paying to get this site off the ground on our own and both the student loan service and our parents will be right pissed if we start paying you instead of paying off our debts. And it isn’t exactly like the three of us are going to be gainfully employed anytime soon — two of us studied gender studies for fuck’s sakes! As young professionals who have all worked in campus media we recognize that you need to make money; we just want you to know you won’t be making it here. We also recognize that we are pretty hypocritical and at one time or another each of us at The Albatross has probably railed against other big news sites who don’t pay contributors, but seriously we aren’t millionaires, none of us are above calling our parents to help make rent and we very much fear that if we put your rent above our own our parents might stop answering our cries for help.

So, if you decide you are contributing to the Albatross, you are doing so because you share our vision for creating great, witty, Canadian focused content and promoting the news of the day from other great and not-so-great news sources. Furthermore, if you still choose to submit to us you agree to every last one of the points that follow:

1) You are not getting paid or compensated. Seriously, don’t hold your breath. We love you and all, we just don’t love you enough to go further into debt to help you feel like a successful journalist.

2) Just because you submit something to us doesn’t mean we will use it. It could be because we don’t think your work fits The Albatross. It could be that your work isn’t good. It could be that we just think you’re an asshole and don’t want to associate with you. You’ll never really know. What we use and don’t use it our prerogative. If you don’t like it, start your own site.

3) Unless otherwise stated in writing, by submitting your work to The Albatross you grant us the unconditional right to edit, publish, reproduce, distribute, sell, perform, translate and display your content and any accompanying or supporting content in perpetuity. If at all possible we even reserve the right to use your submission to clone you and use your clone to continue to produce content for us for free. When you submit your work to us you should probably picture that kid from The Sandlot, because unlike a wedding in Mexico City, this is FOREVER!

4) We reserve the right to place ads on, near or in your content. Hell, we reserve the right to shape your content into the golden arches if we so chose, but we probably won’t choose that. Unless you are buying the ad space you don’t get a say in what ads we place where on the site or near to your content. And of course just because you see an ad near your work doesn’t mean you’re getting paid. I’ll remind you, we’re not paying you or compensating you in any way, but yes you are pretty and yes we love you.

5) The Albatross reserves the right to a) edit your content, b) supplement or integrate your content with our logos or insignia or the logos or insignia of third parties, c) remove your content from www.thealbatross.ca; and d) benefit commercially from your content. We’ve got nothing funny to say about this one. We are serious, we can and will do all of those things.

6) You understand that by submitting your work and having it accepted for publication by The Albatross we aren’t “going steady.” Our use of your work in no way constitutes a partnership, agreement, employment or consultation by yourself to The Albatross and at no time does The Albatross agree to publish or use future submissions in our products.

7) If you are submitting your work to The Albatross you must be 18 years of age or older and guarantee that the work is your own or properly cite work from other sources. If you plagiarize, you’re the worst kind of asshole so we really don’t want to associate with you.

8) We seriously love our contributors and want you all to become rich and famous so if we accept your work you will have full access to create a writer’s bio page for yourself and have all your published articles searchable by your name. Additionally, you can add links to your own website and your various social media accounts. Seriously, whore yourself out. As long as you don’t start using the Albatross to sell Viagra. Of course if we publish your work we will do as much as we can within reason to ensure that your work is read, shared by our readers across all of the internets.


Contributors Terms and Conditions

The Albatross reserves the right, in our sole discretion, to publish or not publish any articles, content, or other materials that you submit to us (“Content”). Before we can accept any Content from you now or in the future, please confirm that you have read and agree to these Terms and Conditions (“Agreement”), which will govern any Content that you provide to us that is accepted for publication on the site:

1. In exchange for our providing you with this platform for expression, you grant us non-exclusive rights to the Content under copyright including the perpetual and unconditional right to use, publish, reproduce, distribute, sell, perform, translate, and display the Content (including any drawings, images, sounds, video recordings, or other data embedded in the Content and including derivative works based on the Content) for any purpose and in any manner or medium anywhere (the “Rights”).

2. If your Content is accepted for publication on the site, you can work through our author profile page to promote yourself and broadcast your voice to our audience. Please understand, however, that we make no representations, warranties, or promises whatsoever regarding the level of exposure that you or your Content will receive through our site.

3. IF YOU THINK YOU SHOULD BE PAID OR OTHERWISE COMPENSATED FOR YOUR CONTENT, PLEASE DO NOT SUBMIT IT TO US THROUGH THIS FORUM. THIS FORUM IS INTENDED ONLY FOR PERSONS WHO BELIEVE THEY WILL BENEFIT PERSONALLY OR PROFESSIONALLY FROM OUR PUBLICATION OF THEIR CONTENT WITHOUT COMPENSATION. You acknowledge that you are not entitled compensation or reimbursement of any kind for your Content.

4. We reserve the right, in our sole discretion, to (a) edit the Content, (b) supplement or co-mingle the Content with our trade names, trademarks, and service marks and with content provided by us or by third parties, (c) remove the Content from www.thealbatross.ca; and (d) benefit commercially from the Content.

5. You understand that our site receives significant traffic and is accessible to anyone on the Internet. You should not provide us with any Content that is private. Anything posted on our site will be available to anyone on the Internet. You are solely responsible for any legal or other repercussions that occur as a result of your Content posted at our site. We assume no responsibility or liability which may arise from your Content.

6. You represent and warrant to us that (a) you are 18 years of age or older, (b) the Content will be an original work created by you that has not been published elsewhere; (c) the Content will not contain any express or implied statements of fact that are untrue, false, or misleading; (d) the Content will not infringe the copyrights, trademarks or other rights of any third party; and (e) the Content will not contain any defamatory, libelous, obscene, pornographic, threatening, abusive, harassing, or similarly unlawful material. You will indemnify and hold us harmless against any damages sustained or expenses incurred (including reasonable attorneys’ fees) in connection with any claim, action or proceeding based on an actual or alleged violation of these representations and warranties.

7. You acknowledge that there is no partnership, joint venture, employment, consulting or other such relationship between you or us (each a “Party” and together the “Parties”).

8. The terms of this Agreement are binding upon, and will inure to the benefit of the Parties, including their respective licensees, successors, and assigns. We may assign, license or transfer any or all of the Rights you have granted to us to any other person or entity. Except as expressly provided in this Agreement, there are no third-party beneficiaries to the Agreement.

9. If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions will not be affected or impaired, unless continued enforcement of the provisions frustrates the intent of the Parties.

10. No delay or failure by either Party in exercising any right under this Agreement, and no partial or single exercise of that right, will constitute a waiver of that or any other right. Failure to enforce any right under this Agreement will not be deemed a waiver of future enforcement of that or any other right.

11. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the Commonwealth of Virginia without regard to conflict/choice of law principles. Each Party hereto irrevocably consents to the exclusive jurisdiction and venue of any federal or state court within the County of Fairfax, Virginia in connection with any matter arising out of this Agreement, agrees that process may be served upon them in any manner authorized by the laws of the Commonwealth of Virginia, and waives and covenants not to assert or plead any objection which they might otherwise have to such jurisdiction, venue, or process.

12. This is the entire agreement between the Parties, and any changes must be agreed to in writing by the Parties.