Tough Customers Application

This Agreement for a License is granted by the person indicated in the "Legal Name" field above using a digital consent form (hereafter “Licensor” or “the Licensor” to Drummer Magazine and The Leather Fraternity International Inc. (hereafter the “Company” or “the Company”), collectively the “Parties.”

1. Scope of Work
i) This Agreement pertains to the licensing of copyright-protected original works (referred to as the "Works"), which were electronically received by the Company on the date this form was acknowledged and consent was granted in digital format. The aforementioned format captures and records the date, IP address, and logged-in user data of the Licensor. These works are unsolicited contributions intended for publication in Drummer Magazine by the Licensor.
2. Licensing of Rights
ii) Licensor agrees to grant a license to Drummer Magazine and The Leather Fraternity International Inc. (the “Company”) the Work(s) on a perpetual, non-exclusive, royalty-free basis, for use in any manner or form now or hereafter known for life of copyright.
i) Licensor agrees that while Company is under no obligation to publish the Work(s), if it chooses so to do, Licensor grants a further license to the Work(s) to the Company on an exclusive basis in any manner or form now or hereafter known for one (1) year from the date of publication, in addition to the license granted in this Article 2(i).
ii) Licensor hereby waives any and all moral rights and any right to inspect or approve the use of the Work(s) in whole or in part, in any manner or form, however modified, for the life of copyright.
iii) Company hereby agrees that it shall attribute the Work(s) to the Licensor wherever practical and to the extent so doing does not interfere with or otherwise impair the presentation of the Work(s) in any manner or form in Company’s sole judgment.
3. Payments
i) Licensor agrees that no remuneration of any kind will be due or payable to him/her/them/it in connection with this Agreement.
4. Warranties:
The Licensor hereby warrants as follows:
i) that he/she/they/it is/are of legal age and has every right to contract in his/her/their/its name in the above regard.
ii) That the Work(s) are solely the intellectual creation of Licensor, and that no other person or entity, including any natural person(s) who are the subject of the Work(s), or any part of them, has any rights to the Work(s) or any claims thereto. Licensor releases, discharges, and agrees to hold harmless the Company, its legal representatives, and assigns, and all persons acting under its permission or authority, or those for whom it is acting, from any liability arising to Company for any claim made by any other person or entity claiming authorship or any other rights in or over the Work(s) or any part thereof.
iii) That he/she/they have read this Agreement in full prior to its execution and that he/she/they are fully familiar with the contents thereof.

6. Settlement of Disputes
i) Arbitration Provision:
1. The Parties hereby agree that any and all claims, disputes or controversies arising from or related to this Agreement, whether existing at or arising after the effective date of the Agreement, shall be submitted to binding arbitration under the Delaware Rapid Arbitration Act, 10 Del. C. §§ 5801 et seq. (“DRAA”).
2. Absent a written agreement signed by all Parties hereto amending, waiving or modifying the rules for DRAA arbitrations adopted by the DRAA and the Delaware courts (the “Arbitration Rules”), the DRAA and the Arbitration Rules shall govern all aspects of the arbitration.
3. In no event shall class arbitration be permitted, and the arbitrator shall have no authority to conduct any class arbitration.
4. The Parties knowingly and voluntarily consent to the waiver of any rights resulting from this Arbitration Provision or application of the DRAA or the Arbitration Rules.
5. The Parties agree that arbitration shall be the sole and exclusive forum for resolving disputes subject to this Arbitration Provision.
6. In the event a party initiates litigation in violation of this Arbitration Provision, such action shall be subject to dismissal, with the reasonable fees and expenses of the non-initiating party or parties paid by the party or parties that initiated the action.
7. Nothing in this Arbitration Provision shall limit the right of a party to seek an order from a court of competent jurisdiction (a) dismissing litigation brought in violation of this Arbitration Provision or (b) compelling a party to arbitrate in accordance with this Arbitration Provision. In the event such an order is sought and obtained, the non-prevailing party shall pay all reasonable fees and expenses of the prevailing party. The parties stipulate and agree that a violation of this Arbitration Provision shall constitute irreparable harm and that, on proof of a breach, the party seeking relief from such violation shall be entitled to equitable relief including, but not limited to, an injunction or specific performance.

7. Miscellaneous
i) Applicable Law: This Agreement shall be governed, construed, interpreted and enforced in accordance with the substantive laws of the State of Delaware, without giving effect to any principles of conflicts of law, whether of the State of Delaware or any other jurisdiction, and where applicable, the laws of the United States, that would result in the application of the laws of any other jurisdiction.
ii) Notices. Notices and all other communications provided for in this Agreement shall be in writing and shall be deemed to have been duly given (a) on the date of delivery, if delivered by hand, (b) on the date of transmission, if delivered by facsimile or electronic mail, (c) on the first business day following the date of deposit, if delivered by guaranteed overnight delivery service, or (d) on the fourth business day following the date delivered or mailed by United States registered or certified mail, return receipt requested, postage prepaid, addressed to the Company at its usual place of business.
iii) This Agreement shall be binding on the Parties and their heirs, legal representatives, successors, and assigns.
iv) Entire Agreement: This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings and negotiations with respect to the subject matter hereof.
v) Severability: If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
vi) Waiver: No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
vii) Relationship of the Parties: The Parties agree that Licensor is an independent contractor and that neither Licensor nor Licensor’s employees or contract personnel, if any, are, or shall be deemed to be, employees of Company. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement.
viii) Transfer and Assignment: Company may assign or transfer this agreement and any rights granted under it.
ix) Force Majeure: No Party shall be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) telecommunication breakdowns, The Impacted Party shall give notice promptly of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 consecutive days following written notice given by it under this Article 8(ix), either Party may thereafter terminate this Agreement upon written notice.
x) Termination of Agreement: This Agreement may be terminated upon mutual agreement of the Parties in writing.
xi) No amendment: This Agreement may not be modified, altered or changed except in writing and signed by both Parties wherein specific reference is made to this Agreement.

The Licensor has indicated his/her/its consent to this Agreement electronically on the date this form was acknowledged and consent was granted in digital format that captures and records the date, IP address and logged in user data of the Licensor as of the recorded date at the time she/he/they/it provided the Work(s) to which this Agreement relates.