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COMMUNITY CONTRIBUTOR AGREEMENT

By submitting one or more articles for publication on the website located at community.upwork.com, I am agreeing to this Community Contributor Agreement (the “Agreement”), I represent that I am the owner of the rights in, or have permission to use or am using in a lawful way, any content in the Article I submit for consideration (the “Content”). Upwork Global Inc. and its affiliates (“Upwork”) may agree to publish the Article, Content and Attributes (defined below) and I desire to grant such rights to Upwork.  In consideration of the opportunity to be published and to market my services through the Article, I hereby agree to the following terms and conditions:

  1.    I hereby grant to Upwork and its affiliates, agents, licensees, successors, and assigns the perpetual, royalty-free, non-exclusive right to do the following in any and all forms and media: (a) to use one or more of the following: (i) name, (ii) likeness, (iii) image and (iv) voice (the “Attributes”) to the extent included in or with the Article, including the Content, in materials developed or created by or for Upwork, for and in connection with the promotion and marketing of Upwork’s products and services, and as otherwise determined by Upwork (the “Purpose”); and (b) to use, edit, reproduce, prepare derivative works from, publicly display, publicly perform, distribute, socialize, publish, modify and otherwise use the Article, Content and Attributes for and in connection with the Purpose
  2. I understand that Upwork will be under no obligation to use any Article, Content or Attributes. I agree to provide Upwork with a timely response to any edits or comments to the Article, and I waive any rights I may have to further inspect, edit or approve subsequent versions of the Article. 
  3. I acknowledge that the consideration I am receiving is the opportunity to be published and to market my services to prospective clients, which I agree is sufficient consideration for the rights assigned herein.  I acknowledge that I will not receive any compensation or cash payment for the rights or permissions granted by me under this Agreement, and hereby waive any right to claim Upwork owes me compensation or payment for those rights or permissions granted hereunder.  
  4. Upwork grants you a non-exclusive, perpetual, royalty-free license (“License”) to use, reproduce, prepare derivative works from, publicly display, publicly perform, distribute, socialize and publish the Article in any and all forms of media, provided that if you reproduce the Article, you agree to indicate where it was originally published and include a link to the original publication.  
  5. Neither party shall gain any right, title or interest with respect to the other party’s trademarks, and all rights or goodwill associated with the other party’s trademarks shall inure to the benefit of the owning party.  Upwork shall retain all right, title and interest, including all intellectual property rights, in and to the Article. You do not acquire any rights, express or implied, in the Article other than the License granted in this Agreement.  
  6.    I agree not to sue Upwork and irrevocably, unconditionally, and entirely release and hold Upwork harmless from and against all losses and liabilities related to this Agreement, the Article, the Content and the Attributes or their use (including publication) as described in this Agreement, including claims for invasion of privacy, right of publicity, defamation, misappropriation, or infringement. By signing this Agreement, I acknowledge my understanding that I may not seek any injunctive or equitable relief from Upwork (such as the termination of this Agreement or stopping the usage or distribution of the Article). In no event will Upwork be liable for any incidental, special, consequential, or punitive damages, regardless of the theory of liability, arising from or related to this Agreement or Upwork’s use of the Article, the Content or the Attributes, even if Upwork has been advised of the possibility of such damages. Further, liability for such damages is excluded, even if the exclusive remedies provided for in this Agreement fail their essential purpose.
  7. This is the complete and binding agreement between Upwork and me and supersedes any other discussions or understandings I may have had with Upwork about the Article, Content or Attributes. Changes to this Agreement may only be made through the signed and written agreement of both parties. This Agreement will be governed by the laws of the State of California.



 

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