These Terms relate to Joy Forever Ink. These Terms set out the Company’s agreement with all contributors to its Website and publications.
‘Material’ means any copyright work as set out in any applicable copyright legislation and covers Material intended for publication as well as background Materials which have been used directly or indirectly for Material intended for publication.
By submitting Material for publication or by agreeing to prepare Material for publication or by using the Website you agree to be legally bound by these Terms which will take effect immediately. If you do not agree to be legally bound by all of the following terms please do not access or contribute to the Website or offer your Material for publication.
B. Variation of these Terms
1. These Terms will not be varied, the only exception to that would be in the event that a Director of the Company or the Editor has expressly agreed in writing to a variation. If any contributor is not happy with these Terms then they should not offer the Company any Material, nor accept a commission, nor post any comments on the Website including any Blogs. Any Material posted or supplied to the Company for publication is deemed to have been supplied in full knowledge and acceptance of these Terms.
2. The Company may change these Terms at any time by posting the changes online and it is your responsibility to check them every time you: submit Material for publication, access the blog or forum areas of the Company’s Websites or wish to make a comment. If any contributor is not happy with these Terms then they should not offer us any Material. Any Material supplied to us for publication is deemed to have been supplied in full knowledge and acceptance of the most recent updated Terms as displayed on the Company’s Websites. Your continued or renewed use of the Company’s Websites after such changes are posted means you agree to be bound by these Terms as amended.
These Terms apply to all Material supplied, commissioned, or provided to the Company by freelancers, bloggers, external contributors, user-generated content contributors, commenter, or any other form of contributor and includes all social media, participatory media, and citizen journalism.
D.1 Rights in the Material
We believe it is important for all parties to have a clear understanding of who can exercise which rights in the Material. As is the case with other publishers, the Company needs to have certain rights to allow it to make further use of its publishing properties and Websites.
In addition to the content of the Company’s publications appearing on the Website, Material may also be supplied by the Company to the websites of other third parties, thereby ensuring that the quality writing the Company publishes is widely available to interested readers on a variety of websites. Material may be further supplied and/or licensed by the Company to a range of newspapers, magazines, book publishers (both electronic and print), websites, multimedia entities (including radio, television, film, streaming, or other digital entities) on mobile and tablet apps, and to other media outlets rights are licensed to a range of third parties.
The Company will require the exclusive right to first publication in any medium in the case of commissioned Material; if not, this will be made clear to you in writing by your editorial contact at the Company. There may be occasions when there is a delay in publishing your Material. Should this be the case, after a reasonable time has elapsed from the date when you submitted your Material, it may be possible to request a waiver by the Company of its exclusive right to first publication of your Material. Such a variation to these Terms must be negotiated with your editorial contact at the Company in writing.
Unless otherwise agreed:
(a) You retain copyright.
(b) The Company has the following rights, which are worldwide, perpetual, irrevocable and sub-licensable, and, are exclusive with respect to future dealings with any third-party with whom Company has, or is seeking, revenue producing Distribution, and such third-party and Contributor have no prior agreements:
(b)(i) the right to syndicate, distribute, license, republish or retransmit the Material in all present and future media and formats, including print, electronic, online, telephony, mobile and tablet apps and all others (“Distribution”); and
(b)(ii) the rights in the title, format and any pseudonym used in respect of your Material.
(c) In addition the Company also has the following non-exclusive rights which apply to all your Material submitted to the Company and any contribution made by you to the Website, whether that includes text, photographs, graphics, video or audio in any format:
(c)(i) the right to store your Material in any database or archive in any present or future media or format. You are free to store and allow access to your Material on databases for personal purposes provided nothing competes or conflicts with the rights you have granted the Company; and
(c)(ii) in respect of all of the above, the right to translate, amend, cut or alter your Material as the Company thinks appropriate.
(c)(iii) the right to authorize a third-party partner or affiliate to distribute or license the distribution of your Material for shared licensed acts and purposes
(d) The exercise by you of any of these rights is conditional on it not leading to any conflict of interest with the Company.
(e) You agree that the Company can use an image of you in association with your Material for purposes of publicity, promotion and any other activity related to the exercise of its rights under these Terms.
D.2) Editorial Standards
Anyone who supplies Material to any of the Company’s publications or contributes to the Website must ensure that their conduct and the Material they submit are ethical, legal and proper. Contributors must comply with any codes of conduct of the Company and industry best practices.
Should any complaint about your Material be made or intimated at any time before or after publication you should promptly notify us. We must have sole and unfettered control over the handling of any complaint including the outcome or resolution. We will Endeavour to discuss a complaint with you at relevant times. You agree to use your best endeavors’ to assist us in responding to a complaint, providing all possible cooperation promptly and fully whether or not specifically requested by us. This also applies to complaints you may receive about Material appearing in third party publications other than ours. This cooperation may, if we so request, include providing us with originals of your background Material and information, including access to your sources for our use for legal or compliance purposes. You will not at any time dispose of any materials which could be relevant to a potential complaint without our prior approval. You agree to notify us at once should you discover anything which could render your Material a risk to the Company, you, or otherwise, from a legal or regulatory point of view or potentially place you in breach of any of these Terms.
You agree that you will not talk to any person about a complaint without our prior approval and will maintain confidence in the story before publication and, as far as is appropriate, after publication.
You must tell us about any potential conflict of interest, whether actual or potential, as well as anything which could possibly be perceived as such. You should raise any issue, preferably in writing by email to the person with whom you have contact in the Company. It is also a term of acceptance of your Material that you agree to comply with all applicable laws, including data protection and privacy laws.
If you have any query on these points, or uncertainty about any aspect of conduct or the Material you are submitting, you should raise it with the person with whom you have contact in the Company.
D.4) Indemnities, Warranties, and Liability
D.4.(i). You warrant that the Material:
(a) is your own original work and that neither it, nor any exploitation or use which the Company might make of it, will infringe any person’s rights, including but not limited to intellectual property, privacy, performance, data protection or any other right;
(b) is not defamatory of any person or entity; and
(c) is not likely to render you or the Company in contempt of court or in breach of any criminal law, including (but not limited to) improper obtaining, processing or disclosure of data, surveillance, harassment, trespass, bribery or any other law or regulation whether during the course of your Contribution activities or otherwise.
D.4.(ii).You hereby agree to indemnify the Company against all costs, claims, losses and liabilities incurred or suffered by the Company as a result of any breach of your warranties or obligations under these Terms.
D.5 To the extent permissible in law, the Company will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise) loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.
D.6 You further warrant that:
(i).Your Contribution does not infringe any law or person’s rights; and
(ii). you have taken all possible care to ensure that your Contribution will not attract any complaints.
(iii). you will indemnify the Company against all damages, legal fees and others expenses that may be incurred by it as a result of any breach of warranty.
(iv). you agree to use the Website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of the Website.
D.7. Contributions must be civil and tasteful. The following are examples (but not an exhaustive list) of behavior/action which is prohibited:-
• Anything abusive or threatening
• Material which is sexist, racist, homophobic, obscene or likely to harass or cause distress or be disruptive
• Multiple posting
You agree that should any Contribution by you be deemed, in the Company’s sole judgment, to fall within these categories, or to be undesirable in any way for the Website or its reputation, or for any other reason, the Company reserves the right to delete such Contribution and/ or to block any further Contributions by the email address or IP address that you have used to make such Contribution without notice or explanation.
D.8. – You must not reveal any personal information about a third party, unless written authorization is obtained (for example telephone number or home address). If you add a comment to a blog, be aware that your email and IP addresses will be traceable, and your user name and/or other images displayed on other sites such as Facebook may be displayed if, for example, your Contribution has been sent from your account on another social networking site.
D.9. – If you are under 16, you must get a parent or guardian’s permission before making any Contribution.
D.10. – You may not copy, reproduce, re-publish, download, post broadcast, transmit, make available to the public or otherwise use the content of the Website in any way except for your own personal, non-commercial use, and you may not adapt or create a derivative work from any content on the Website.
D.11. – The Company does not warrant that the functions contained in the Website will be uninterrupted or error free or that the server which makes it available are free of viruses or bugs.
D.12. – You agree to aloe the Company, at its sole discretion, to publish, reword, or categorize Contributions, whether by means of ranking them according to their popularity or by any other criteria.
D.13. – The names, images and logos identifying the Company or third parties in their products and services are subject to copyright, design rights and trademarks of the Company and/or third parties. Nothing contained in these Terms should be construed as conferring by implication or otherwise any license or right to use any trademark, patent, design right or copyright of the Company or any third party.
If you have any enquiry, please contact us at firstname.lastname@example.org.
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