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Submission Agreement

Welcome to the DFCM Open web site (“DFCM Open” or the “site”), owned and operated by The Governing Council of the University of Toronto, as represented by its Department of Family and Community Medicine at the Faculty of Medicine (“DFCM” ,“we”, “us”, “our”). Our goal is to deliver a family-medicine focused website where family physicians and primary care professionals can find and share relevant, high quality tools and material for clinical, education and research purposes.

If you wish to submit materials to DFCM Open, please review our Submission Policies and Guidelines available here.  The Submission Policies and Guidelines are incorporated by reference to and form part of this Submission Agreement. In the event of a conflict between this Submission Agreement and the Submission Policies and Guidelines, this Submission Agreement governs.

Effect of Registration and Submission of Materials
By registering on DFCM Open as a contributor and uploading a completed submission form together with your submission to DFCM Open, you agree to be bound by this Submission Agreement. We may revise this Submission Agreement from time to time without notice to you, so please check each time you wish to make a submission as to the current form of this Submission Agreement that will apply. We will not retroactively amend this Submission Agreement to apply to any materials that you have previously submitted. If you do not agree with this Submission Agreement, then please do not submit any materials to this site.

Submission Screening Process
You acknowledge that submitting materials to DFCM Open does not guarantee that the materials will be reviewed, accepted or published. You further acknowledge that your submission will be screened to ensure that it meets minimum inclusion criteria. If your submission meets such criteria, it may be reviewed by unbiased peers using a standardized review methodology. Such review may include editors revising materials to enhance relevance, consistency, usability or to conform to DFCM Open publication standards (collectively, the “Publication Standards”).

Grant of License
For good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge and agree, you hereby irrevocably grant to DFCM in respect of any materials that you upload, share or otherwise provide to DCFM Open (the “Licensed Materials”) a non-exclusive, transferable, sublicenseable, perpetual, royalty-free, worldwide right, license and permission to: (i) use, store, host, archive, backup, reproduce, distribute, disseminate, promote, publicly display, publicly perform, transmit and communicate to the public by telecommunication such Licensed Materials in any media or format, now or hereafter created; and (ii) for the purposes of implementing the Publication Standards, formatting or making accommodations for persons with disabilities, to edit, enhance, adapt, annotate, translate, modify, digitize and create derivative works from such Licensed Materials, in any media or format, now or hereafter created.

You agree that, at the time of submission of the Licensed Materials to us, you will select and notify us of the Creative Commons license that you have selected to apply to DFCM’s display and dissemination of the Licensed Materials on DFCM Open, and that, once the Licensed Materials are posted on DFCM Open, we may make the Licensed Materials available to users of DFCM Open pursuant to the Creative Commons license that you have told us that you have selected.

Representations and Warranties

You represent and warrant that:
(a) you are a DFCM faculty member and you are submitting these materials in your capacity as a DFCM faculty member;
(b) the Licensed Materials are original and that you are the author of the Licensed Materials and, to the extent that third party content is included in the Licensed Materials or there are any co-authors to the Licensed Materials, you have obtained all required consents and clearances and you have all necessary right and authority to grant the rights herein granted with respect to the Licensed Materials;
(c) the Licensed Materials clearly identify and give proper attribution to any third party contributors and authors;
(d) if the Licensed Materials are based in whole or in part upon any work that has been sponsored or supported by any agency or organization other than the University of Toronto, you have fulfilled any right of review or other obligations required by the agreement with your sponsor;
(e) the Licensed Materials do not contain any information that can be used to identify an individual or describe an attribute of an identifiable individual, nor information for which it is reasonably foreseeable that it could be utilized, either alone or with other information, to identify an individual or describe an attribute of an identifiable individual;
(f) the Licensed Materials do not contain any information that can be used to identify one member of a group of fifteen or fewer individuals or to describe an attribute of one identifiable member of a group of fifteen or fewer individuals;
(g) the Licensed Materials do not contain any libellous, slanderous, defamatory, obscene or racist materials or commentary; and
(h) you have used reasonable efforts to consider DFCM Open users with disabilities in the preparation and presentation of the Licensed Materials on this site, such as verbally describing visual elements for the visually impaired.

Waiver
You hereby irrevocably waive, in perpetuity, in any territory, any and all moral rights and/or similar rights including, but not limited to the right to be associated with the Licensed Materials, the right to restrain or claim damages for any distortion, mutilation or other modification of the Licensed Materials and the right to restrain use or reproduction of the Licensed Materials in any context, which you have or may have in and to the Licensed Materials throughout the world by statute or common law. You represent and warrant that you have obtained similar waivers from all other individuals who may be considered to be authors of the Licensed Materials or any part thereof.

Indemnity and Release
You hereby defend, indemnify and hold The Governing Council of the University of Toronto, its officers, faculty, employees and agents harmless from any and all third party claims, liability, loss, damage, expense, or cause of action including, without limitation reasonable legal fees and expenses, arising out of or related to any misrepresentation, inaccuracy, incorrectness or breach of any of the representations and warranties contained herein, including, without limitation, any liability, loss, damage, expense, claim, or cause of action arising from a claim or demand by any third party that the Licensed Materials infringe the intellectual property rights, (including copyright), any right of publicity, any right of privacy or any other rights of such third party.

Limitation of Liability
You agree that The Governing Council of the University of Toronto, its officers, faculty, employees and agents shall not be liable to you for any damages of any kind arising from this Submission Agreement. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages. In no event shall our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence) or otherwise, exceed $50 in Canadian funds.

Other
This Submission Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under this Agreement shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. You agree not to bring any legal action against us in any jurisdiction except the Province of Ontario and you submit and consent to such jurisdiction. If any provision of this Agreement shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. This Submission Agreement constitutes the entire agreement between you and us in connection with your submission of Licensed Materials to this site. This Submission Agreement and the rights granted herein enure to the benefit of and are binding upon your and our respective heirs, successors and assigns. This Submission Agreement is not intended and shall not be deemed to create any agency, joint venture or other legal relationship other than that of independent contractors. You understand that even if your Licensed Materials are accepted by DFCM Open and are subsequently published, they may be revised as described herein or removed at any time and without notice to you at the discretion of the DFCM Open editor(s).

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