The Canadian Adventist Messenger ("the Messenger"), by its editor,
and the contributor, who is the creator of the work submitted make this agreement regarding their rights
in this work:
Contributor's Warranties and Undertakings:
The contributor warrants that to the best of his/her knowledge:
That s/he is the creator of the Work and has the power to convey the rights granted in this
Agreement;
The Work has not been previously published in whole or in part, or that previous publication
has been disclosed to the Messenger editor.
The Work does not infringe the copyright or property right of another;
The Work does not contain matter that is defamatory, violates the civil rights of Another
(right of privacy, right of publicity, or other legal right) or is otherwise unlawful;
Any individual whose personal information may be gleaned from the Work has been contacted
by the contributor and has granted informed consent to the contributor to include this
information in the Work.
Any individual who is identifiable in photographs or illustrations submitted has been
contacted by the contributor and has granted informed consent to the contributor to
submit the image.
Contributor's Grant of Rights to the Canadian Adventist Messenger
The contributor grants the Messenger the rights to reproduce and distribute this Work in
the following ways:
In the Messenger magazine itself;
As a component of a collection published by the Messenger or the Seventh-day Adventist
Church in Canada
On a website over which the Messenger exercises effective control;
To grant permission to individuals and non-profit organizations to make up to 150
photocopies of the item for personal use, reminding the user of the necessity to give
credit to both the author and the Messenger on each copy.
All other reprint/copy requests will be forwarded to the contributor if s/he provides
the Messenger with current contact information. If no such information is supplied,
requests will be denied.
This right to reproduce the Work includes the right to prepare a translation in any language
or to authorize the preparation of such a translation providing the Messenger exercises
reasonable caution that the translated item retains the originally intended meaning. This
right is further limited by the contributors rights described in section 2 below and by the
Messenger's rights to authorize publication for others listed in section 3 below.
The contributor grants the Messenger the right to edit and revise the Work prior to publication,
provided that the meaning and intent of the Work is not significantly changed; if editing and
revision does necessitate a significant change, the contributor agrees that s/he will review the
changes in a timely fashion and indicate either his/her satisfaction and willingness to continue
with this contractual agreement or his/her dissatisfaction and desire to withdraw the
submission.
The Messenger's rights provided in paragraph 1(A) shall be exclusive for a period beginning when
this agreement is signed by both parties and ending six (6) months after the publication of the
work in the print-based magazine. After that, the Messenger's rights will be nonexclusive (shared
with the contributor).
The contributor grants these rights to the Messenger without any claim to royalties or other
compensation for the rights.
Contributor's Ownership of Copyright and Reservation of Rights
The copyright in the Work shall remain with the contributor.
The contributor retains the right
to reproduce and distribute the Work, and to authorize others to reproduce and
distribute the Work in any format (recognizing that the Work is limited to that
which the contributor is creator and does not extend to aspects of the first
printing created by the Messenger such as supplementary images and page design.)
to include the Work, in whole or part, in another publication.
The above rights notwithstanding, the contributor agrees that he/she will
not reproduce and distribute nor allow another entity (ie. webmaster, publisher/printer) to reproduce
and distribute the Work within six (6) months of its first printing in the pages of the Messenger without
the express written permission of the Messenger editor. The Author may request written permission from
the Messenger editor to have the Work reprinted in another publication within the period of six (6)
months.
Recognition of First Printing
If the contributor receives permission for reprinting within six (6) months of publication, s/he
agrees to ensure that the republication will include credit in the style of the following:
"Reprinted with permission from the Canadian Adventist Messenger (a publication of the Seventh-day
Adventist Church in Canada), Feb. 2006."
If the contributor reprints the Work six (6) months or more after the date of first publication or
later, s/he agrees to ensure that the republication will include credit in the style of the
following: "Reprinted from the Canadian Adventist Messenger (a publication of the Seventh-day
Adventist Church in Canada), Feb. 2006"
Legal Claims
If anyone asserts a claim against the Messenger as a result of a breach by the contributor of
his/her warranties or other parts of this agreement, the contributor will be promptly notified
and may participate in the Messenger response to and defenses against that claim. The Messenger
agrees not to settle any such claims without the contributor's approval. If the settlement
requires the Messenger to make a money payment, or if a money judgment is rendered against
the Messenger, the contributor shall reimburse the Messenger for such payment or judgment,
costs and expenses reasonably incurred by the Messenger in defending against the claim.
The Messenger shall have the power to initiate legal proceedings against persons or entities
Messenger believes to be infringing on the rights granted by the contributor to the Messenger.
The Messenger will notify the contributor of these proceedings in a timely manner if the
contributor has kept his/her contact information current with the Messenger. The contributor
agrees to cooperate with reasonable requests by the Messenger as necessary to institute and
maintain these proceedings. Any damages recovered will be applied toward the Messenger's costs
and expenses incurred in the proceedings, and the contributor and the Messenger shall divide
the balance equally.
Complimentary Copies
After publication, the Messenger shall, upon request, provide the contributor
with 2 copies of the issue in which the Work is printed. The contributor may request additional
copies with the assurance that the request will be granted provided the number of requested copies
does not deplete the Messenger's holdings of that issue. The contributor may be required to pay
shipping of the additional copies.
Ownership of the Messenger
The Messenger is owned and operated by, and enters into this agreement as an
agent of, the Seventh-day Adventist Church in Canada.
Final Agreement
This Agreement constitutes the only agreement between the contributor and the
Messenger with respect to the publication and copyright of the Work described. Any modifications
or additions to the Agreement shall be in writing.
The contributor, by indicating their agreement on the form, confirms acceptance of the terms and conditions
outlined in this contract. The Messenger, acknowledges its
responsibilities and rights in this contracts and agrees to consider the Work for publication,
notifying the contributor of its acceptance or refusal.
