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As an author or editor, you will need to read through the legal agreement and click the "I Agree" button to continue. This agreement covers an author's original Work and the author's revisions to the Work as well as an editor's services, which include revisions and changes to the Work.
The following sets forth the terms and conditions of the agreement (the "Agreement") regarding your submissions, contributions, and associated services you provide to WebMD.
1. CONTENT: As an author, you shall provide the manuscript, images, multimedia, CME questions, and other content and your changes and revisions to any of the foregoing (the "Work") referenced above in the format specified by WebMD. As an editor, you shall review and if necessary, revise the Work for scientific content and accuracy, completeness, currency, potential overlap, and suitability for its purpose and audience. WebMD shall review the Work and make revisions as appropriate and decide, in its sole discretion, whether to publish the Work.
2. GRANT OF RIGHTS: For adequate consideration, the receipt of which is hereby acknowledged, you hereby grant and assign exclusively to WebMD the Work and the entire copyright and all rights protected thereunder in and to the Work, including your contribution to the Work worldwide and in perpetuity and any revisions thereof, in all languages, including, but not limited to: (a) the worldwide right to reproduce, prepare derivatives, distribute, perform, and display the Work, or any part thereof, in any format, forum, media, medium, means or method now known or hereafter developed; (b) the worldwide right to license or syndicate use of the Work, or any part thereof, in any format, forum, media, medium, means or method now known or hereafter developed; and (c) the worldwide right to cause the Work to be revised, translated, abridged, dramatized, serialized, or otherwise adapted.
United States Federal Government Employees: In the instance where you were an employee of the United States federal government when the Work was prepared for publication and your involvement was part of your United States Government employee duties, it is understood that the Work is not protected by the United States Copyright Act, and copyright ownership cannot be transferred. However, WebMD maintains its right to protect its copyright in international jurisdictions.
After termination of your association with WebMD, you understand that the Work may be republished by WebMD in part or in whole using newly contracted author(s) and/or editors. WebMD will make a reasonable attempt to acknowledge your contributions until at least one major revision of the Work (as defined by WebMD) will have taken place.
3. COPYRIGHT: WebMD shall have the right to secure copyright registrations for the Work, and any renewals or extensions thereof, in their names in the United States and elsewhere. You hereby irrevocably appoint WebMD, its successors and assigns, your attorney in fact with power of substitution in the name of WebMD to execute on your behalf any and all documents necessary to carry out the terms of this Agreement. You agree to execute any document that WebMD may deem necessary to protect the rights granted hereunder.
4. WARRANTY: You represent and warrant that: (a) the Work is original and that you are the owner of the Work and that you have full power to make this Agreement; (b) the Work is not in public domain (with the exception for United States Government employees noted above) nor has any part of it been previously published; (c) no agreement to publish any or all of the Work is now outstanding; (d) the Work does not violate or infringe upon any copyright or other proprietary right; (e) the Work contains no matter that is libelous or otherwise unlawful, or that invades the rights of privacy of any person or party; and (f) the Work conforms to usual academic practices in citing third party works.
These representations and warranties shall survive the termination of this Agreement.
5. ACCURACY: You agree to use your best efforts to ensure the accuracy, balance, timeliness, and completeness of the Work.
6. PERMISSIONS: If you incorporate in the Work any material, such as pictures, graphs, drawings, radiographs, images or other multimedia, which is subject to a copyright owned by a third party, you agree to immediately obtain written authorization to publish your Work, and establish WebMD’s right to use, reproduce, license, syndicate, distribute, publish, display or otherwise commercially exploit such material in connection with the Work, from such third party at your own expense.
7. PAYMENT: In consideration for the grant of rights under this agreement, WebMD shall pay you in accordance with its then prevailing payment schedule.
8. INDEMNITY: You agree to indemnify, defend, and hold harmless WebMD, its parent and/or affiliated companies, its and their licensees, successors and assigns, and each of its and their officers, agents and employees from all liabilities or losses, including, without limitation, reasonable attorneys' fees, arising out of any claims, lawsuits or judgments, whether threatened or actual, fixed or contingent, known or unknown, arising out of a breach of any representation, warranty, or covenant under this Agreement.
9. GENERAL: You understand and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York and that the exclusive venue for any action relating to this Agreement shall be in the federal or state courts in New York. You expressly consent to such jurisdiction. As used herein, "WebMD" shall also include, if applicable, WebMD, Inc., WebMD’s parent, and companies or other legal entities controlling, controlled by, or under common control with WebMD, Inc. and/or WebMD, Inc.