A. SCOPE AND COMMENCEMENT OF THESE TERMS
2. Unless you have a separate written agreement with the Company, these Terms apply to all Material.
3. ‘Material’ means any work (whether text, photo, video, audio or other content) which you submit for publication on the Company’s platforms.
4. If you are under 16, you must get a parent or guardian’s permission before submitting Material.
By submitting Material for publication, or by agreeing to prepare Material for publication 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 submit Material for publication.
B. VARIATION OF THESE TERMS
1. These Terms may only be varied by an authorised representative of the Company in writing. 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. 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.
C. RIGHTS IN THE MATERIAL
Unless otherwise agreed in writing:
1. You retain the copyright in the Material.
2. The Company has the worldwide, perpetual and irrevocable right to publish, perform and adapt the Material in all present and future media and formats (including print and digital) and across all devices (including desktop, mobile and tablet). This right is exclusive for one year from the date of delivery of your Material and non-exclusive thereafter. This right is sub-licensable and the Company may provide your Material to third parties for publication on their platforms.
3. The Company also has the following non-exclusive, perpetual and irrevocable rights: (a) to store your Material in any database or archive in any present or future media or format; (b) to translate, amend, cut or alter your Material as the Company thinks appropriate; and (c) to authorise NLA Media Access (NLA) (or any successor organisation) to distribute or license the distribution of your Material for NLA’s licensed acts and purposes as amended from time to time.
4. You agree that the Company can use your name (or your pseudonym) and 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.
5. The Company may remove any Material from its platforms at any time and without explanation.
6. The Company may block contributions from particular email or IP addresses without notice or explanation.
7. The Company may enable advertising on its platforms, including in connection with the display of your Material. The Company may also use your Material to promote its products and services.
8. The Company may, at its sole discretion, categorise Material, whether by means of ranking according to popularity or by any other criteria.
D. PAYMENT / CONSIDERATION
1. If your editorial contact at the Company has agreed a fee in relation to the publication of your Material, such a fee will be a single all-inclusive fee for all the rights granted above (including the sub-licensing rights in C.2 above. No fee will be due in respect of Material that is not published by the Company. Where a fee has been agreed, and there follows a one-off syndication of an individual piece of Material to an end-user customer, you will additionally receive 50% of the net revenue received by the Company (however, the maximum revenue share payable to you is ?1,000).
2. Whether or not a monetary fee has been agreed, you agree that for your Material to be considered for publication is adequate consideration for the rights granted herein.
E. EDITORIAL STANDARDS AND COMPLAINTS
1. Material must be accurate and comply with the Company’s code of conduct available here: www.independent.co.uk/codeofconduct. You also agree to comply with all applicable laws and regulations in relation to the preparation of the Material, including data protection and anti-corruption laws such as the Bribery Act 2010.
2. You must tell us about any conflict of interest, whether actual or potential, as well as anything which could possibly be perceived as such.
3. If any complaint is made about your Material at any time before or after publication you must not respond in any way, but promptly notify us. We will 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 endeavours to assist us in responding to a complaint, providing all possible cooperation promptly and fully. This cooperation may, if we so request, include providing us with originals of your background material, 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 or a story wholly or partly based on your Material in breach of any legal or regulatory requirement or potentially place you in breach of any of these Terms.
4. You agree that you will not communicate with any person about a complaint without our prior approval and will maintain confidence in the Material before publication and, as far as is appropriate, after publication.
5. You warrant that the Material: (a) has been prepared with reasonable care and skill so as to minimise the risk of any complaint; (b) is, subject to section F below, your own original work and that neither it, nor any exploitation or use which the Company (or its licensees) 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; (c) is not defamatory of any person or entity; and (d) 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 journalistic activities or otherwise.
6. You hereby agree to indemnify the Company against all costs, damages, claims, losses and liabilities (including reasonable legal fees) incurred or suffered by the Company as a result of any breach of your warranties or obligations under these Terms.
7. Material submitted directly to one of our platforms which is not commissioned or pre-moderated by the Company must adhere to our community standards. Material which does not meet these standards may be reported to [email protected]
F. CONVERSATIONS FROM INDY100
1. Solely in connection with the Conversations from Indy100 platform, you may submit: (a) content that you didn’t create yourself. However, you represent that: (i) you have the right to submit such content (e.g. a photograph available under a free Creative Commons licence) and (ii) have complied with all the licence requirements, such as crediting the original content creator; and (b) content that you’ve already published elsewhere. However, you represent that supplying such content to the Company will not conflict with any other agreement that you have made.
2. You may delete any of your Material from the Conversations from Indy100 platform. However, the Company may retain copies of your deleted Material for legal and archiving purposes.
To the fullest extent permissible in law, the Company will not be liable to you for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue, loss of profit, loss of business, loss of opportunity, loss of goodwill, injury to reputation, losses suffered by third parties and any indirect, consequential or exemplary damages.
We may collect and process information about you as detailed in our Privacy Notice.
These terms shall be governed by the laws of England and the Company and you submit to the exclusive jurisdiction of the English courts.