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Notices

Submission Agreement

Last updated on:  January 27, 2006

Introduction

Mediadontics and Smilefinder ("Smilefinder") invite contributions from staff, practitioners, educators, researchers, students and others on a range of topical issues relevant to both health and dentistry. Whilst international submissions are welcome, Smilefinder is currently published in English, French, and Spanish languages only. Smilefinder reserves the right to reject articles with little or no relevance to our readership.

Smilefinder will not accept or publish any article, news story, or press release (the "Submission") submitted by an individual it knows, or has reason to believe, is under 18 years of age. By submitting a Submission you represent that you agree to the terms of this Submission Agreement and are old enough to enter this agreement and have it binding on you. If you are not at least 18 years of age or if you do not agree with the terms and conditions of this Submission Agreement, do not submit your Submission to Smilefinder.

Warranties and Representations

You represent and warrant that: (i) the Submission accurately depicts and portrays actual facts and events; (ii) you have the right to submit the Submission and to grant the rights granted herein without violating the rights of any third party; and (iii) nothing contained in the Submission infringes upon the rights of any third party or constitutes defamation, liable, disparagement, or invasion of privacy.

You expressly agree and acknowledge that Smilefinder does not owe you any payment for the Submission, Smilefinder does not guarantee that it will review or use the Submission and Smilefinder will not return the Submission to you.

You hereby expressly license Smilefinder to publish the Submission in print form, and in electronic forms that may be accessed through the host site of Smilefinder and other electronic means of access used by Smilefinder from time to time. You accept and understand that Smilefinder has the copyright to the layout and form in their published edition. You understand that this means that you are not entitled to reproduce the physical appearance of your published submission as it appears in either the print or electronic form of Smilefinder. For example, if you are approached to allow the reproduction of the Submission as it appears in Smilefinder, you cannot grant such request and must refer the person making the request to Smilefinder's Editor.

Without limiting the generality of the foregoing, upon receipt of the Submission by Smilefinder, Smilefinder will be granted all rights and expressly licensed to reproduce, use or not use, distribute, modify, publicly display, make derivative works of, and otherwise use in any manner the Submission, in whole or in part and in any form or media, without notice, duty to account, or payment of any compensation to you or any other person or entity.

You hereby irrevocably and unconditionally waive the right to make any claims against Smilefinder arising out of or relating to the Submission, including, but not limited to, claims of infringement, unfair competition, breach of implied contract, defamation, breach of privacy, or breach of confidentiality. Upon written request of Smilefinder, you will take, at Smilefinder's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Smilefinder to effect, perfect, or confirm Smilefinder's rights as set forth in this Submission Agreement.

Disclaimers of Warranties and Limitations on Liability

In no event will Smilefinder be liable to you or any third party for any lost profits, lost revenue, or other consequential, special, indirect, incidental, exemplary, or punitive damages arising from or relating to this Submission Agreement or the use, or non-use, of the submission, even if Smilefinder has been advised of the possibility of such damages. Smilefinder's total cumulative liability arising from or relating to the submission or this Submission Agreement (whether in contract, tort, negligence, warranty, under a theory of strict liability or otherwise) will be limited to ten United States dollars (US$10.00). Smilefinder's suppliers and advertisers will have no liability or any nature for the submission or under this Submission Agreement.

Smilefinder has no obligation to credit you in any manner for any use of the Submission, but may, without any further consent, include your name and location with any use made of the Submission. Such possible acknowledgement is your sole consideration for the Submission.

Indemnification

You hereby agree to indemnify, defend and hold harmless Smilefinder, and its subsidiaries, affiliates, successors and assigns, from and against any and all claims, demands expenses, losses or liabilities including, without limitation, reasonable attorney's fees and punitive damages, that may be asserted against or incurred by Smilefinder at any time in connection with the Submission, or any use thereof, including without limitation those arising from any breach, or alleged breach, of the warranties, representations and promises provided by you in this agreement.

Jurisdiction and Venue

This Submission Agreement will be governed by and construed in accordance with the laws of the state of California, without regard to its choice of law principles to the contrary. You will not commence any action or proceeding involving Smilefinder relating to this Submission Agreement or the Submission other than in the state and federal courts located in Los Angeles County, California, and you consent to jurisdiction and venue in such courts. This Submission Agreement does not confer any right or benefit on any third party. If any provision of this Submission Agreement is found to be invalid or unenforceable, then the remainder of this Submission Agreement will have full force and effect, and the invalid provision will be modified, or partially enforced, to the maximum extent permitted to effectuate the purpose of this Submission Agreement. This Submission Agreement is the entire agreement between you and Smilefinder regarding the Submission.

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