This Agreement is made with CJEAS Ltd., C/O 23, Bellfield Avenue, Harrow Weald HA3 6ST England.
A. CJEAS Ltd. is the proprietor and publisher of the Interdisciplinary Journal of Economics and Business Law (“the Journal”).
B This Agreement is for the Article submitted by you as Author for publication in the Journal published by CJEAS Ltd. and is referred to in this Agreement as “the Article”, where the Article is deemed, inter alia to cover Original Articles, Editorials, Reviews, Book Reviews, Forum papers, Comments and Opinions.
C Publication of the Article is conditional upon and subject to your agreement and compliance with the terms of this Agreement, and therefore publication will not take place unless and until this Agreement is signed by you signifying your understanding of its terms and your agreement to be bound by those terms.
1. Agreement
1.1 In consideration of the publishing of the Article or any part thereof you agree to be bound by these terms and conditions which form a legally binding agreement between you and the Publisher.
2. Definitions
2.1“Article(s)”, “Contribution(s)”, “material(s)”, “work(s)”: one or more of the following (or combinations thereof), including but without limitation: literary works (including, but not limited to Original Articles, Editorials, Reviews, Book Reviews, Forum papers, Comments and Opinions), titles, text, photographs, illustrations, drawings, designs, graphics, artistic works, video and audio works, or any or parts of any of the aforementioned works, in any media including print, electronic or digital form.
2.1.1 “Author”: you.
2.1.2 “Copyright”: the exclusive right (in the United Kingdom) to do the acts specified by the Copyright, Designs and Patents Act 1988 (as amended) in respect of works defined therein, as well as any foreign Copyright and any rights equivalent or analogous to Copyright arising or existing in any other territory in respect of the works referred to in clause 2.1.
2.1.3 “Other intellectual property and like rights”: including but not limited to Trade Marks, Passing off rights, Designs, Patents, Confidential information and Database rights, and any rights equivalent or analogous to the aforesaid rights.
2.1.4 “Moral rights”: those rights recognised under the Copyright, Designs and Patents Act 1988 (as amended) sections 77 (the right to be identified as author), 80 (the right to object to derogatory treatment of work), 84 (the right not to have work falsely attributed), and 85 (the right of privacy to certain photographs and films), and any rights equivalent or analogous to the aforesaid rights recognised under the laws of any other jurisdiction.
3. Copyright Assignment
3.1. You hereby assign and transfer to the Publisher ownership of all copyright and other intellectual property and like rights in the Article and in any material included in the Article, including all renewals, extensions, revisions and revivals together with all accrued rights of action throughout the world in any form and in any language (including all media, both now known or later developed). The Publisher will therefore own the said rights which will enable the Publisher to have exclusive use of the material in any way CJEAS Ltd. wants (including modifying and adapting it in any way) for CJEAS Ltd. own purposes in any media worldwide.
3.2. By assigning copyright and other intellectual property and like rights in the Article you can no longer continue to use the Article, or any part thereof, in any way including modifying and adapting it in any way, or allowing others to use it.
3.3. You hereby waive any and all moral rights to which you may be entitled under the Copyright, Designs and Patents Act 1988 (as amended) or under the laws of any other jurisdiction, in the Article or in any material included in the Article.
3.4. You further agree that should further documentation be required to complete and give effect to the assignment and transfer of ownership of the copyright and/or other intellectual property and like rights, you will do, execute or procure that there be done or executed all documents, deeds, matters, acts and things as the Publisher may at any time require to complete and give effect to the assignment and transfer of the copyright and other intellectual property and like rights to the Publisher.
5. Warranties
5. 1. You further confirm and warrant:
i) That the Article is an original work, has not been published before, and is not being considered for publication elsewhere in its final form either in printed or electronic or digital form;
ii) That you have obtained permission from the copyright holder to reproduce in the Article (in all media including print and electronic and digital form) material not owned by you, and that you have acknowledged the source in the Article;
iii) That you have the right to assign the copyright in the Article and other material included in the Article to the Publisher;
iv) That you have not written the Article as part of the performance of your employment duties for your employer;
v) That the Article does not infringe the copyright or other intellectual property and like rights of another, or constitute any form of plagiarism;
vi) That the Article is not subject to a licence, security or other charge, encumbrance, or any other third party right or claim (including any third party moral rights);
vii) That the Article contains no material which violates or infringes any existing copyright belonging to a third party, or any other third party rights (including, without limitation other intellectual property and like rights);
viii) That the Article does not contain any material of a disruptive, offensive, abusive, obscene, indecent, harassing, threatening, harmful, libellous or otherwise unlawful nature, and is not controversial or provocative with the intention of causing offence or trouble.
ix) That to the best of your knowledge the Article does not infringe the privacy rights of others;
x) That the Article does not violate the contractual rights of another person or persons;
xi) That the Article does not infringe any UK laws or the laws of any other jurisdiction, or breach any injunction or other court order;
xii) That the Article has not previously been submitted for publication and is not closely similar to an Article previously submitted;
xiii) That the Article does not have as its sole purpose the advertising or promotion of the author, or of any organisation which the author represents or in which the author holds a financial interest;
xiv) That the Article is not written in any language other than English;
xv) That you are not impersonating another person, whether living or deceased;
xvi) That in the case of a multi-authored Article you have obtained copyright assignment from all co-authors, in writing, and authorisation to enter into this Agreement on their behalf and that all co-authors have read and agreed these warranties;
xvii) That you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 16;
xviii) That you will indemnify and keep indemnified the Publisher and CJEAS Ltd. agents against all claims and expenses (including legal costs and expenses) arising from any breach of this warranty and the other warranties on your behalf in this Agreement.
6. You agree that if you breach of any of the aforesaid terms that breach will result in the Article (or any part thereof) being rejected, and the Publisher may be entitled to claim damages and/or an injunction against you if CJEAS Ltd. suffers or is likely to suffer any loss or damage resulting from your breach.
7. You agree that the Publisher shall have absolute discretion in selecting Articles, contributions, materials or works, or parts of Articles, contributions, materials or works, that CJEAS Ltd. deems suitable for publication, or in rejecting unsuitable Articles, contributions, materials or works, or parts thereof.
8. Nature of Agreement
8.1 This Agreement contains the entire agreement between you and the Publisher in respect of its subject matter and replaces and supersedes all previous agreements between you and the Publisher.
9. Disputes, Applicable Law and Jurisdiction
9.1 Any dispute relating to this Agreement or its subject matter shall in the first instance be referred to the independent mediation or arbitration (the form to be agreed by the parties) of a single mediator or arbitrator appointed by agreement between the parties, or failing agreement, a single mediator or arbitrator nominated by the local Chamber of Commerce. Appeals against the decision of the mediator or arbitrator shall be subject to the exclusive jurisdiction of the courts of England and Wales.
9.2 Disputes relating to this Agreement and its subject matter shall be adjudicated in accordance with English law.
10. Data protection
10.1 The Publisher may store your name and contact details in electronic format in order to correspond with you about the publication of the Article in the Journal. The Publisher would like to contact you from time to time with information about new publications. The Publisher uses all reasonable endeavours to comply with the Data Protection Act 1998 and the following principles:
(i) Personal data should be processed fairly and lawfully.
(ii) Data should only be obtained for a specified purpose and should not be used for any other purpose.
(iii) Personal data should be adequate, relevant and not excessive in relation to its purpose.
(iv) Personal data should be accurate and up to date where necessary.
(v) Personal data should not be kept longer than is needed for its intended purpose.
(vi) Personal data should be processed in accordance with the rights of the individual which the information concerns.
(vii) Appropriate measures should be taken against unlawful processing or destruction of records. Computer systems should have back up facilities and security provisions.
(viii) Personal data should not be transferred outside the European Economic Area (the EU states plus Lichtenstein, Iceland and Norway).
11. Date of Article
11.1 You confirm that the Article was created on: [date]. If the Article consists of more than one piece of work, please state on a separate sheet of paper attached to the work in question the date on which that work was created.
I agree to be bound by the terms of this Agreement.
Signed
……………………………………….. Date:
Name, address, e-mail address (if any) and telephone no:
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