CONTRIBUTOR TERMS AND CONDITIONS
It is important you read the below Terms and Conditions before submitting content, stories or materials to us.
By submitting your stories or other written materials, you accept the below Terms and Conditions and agree that you are entering into a legally binding contract with LETTERS ANTHOLOGY (ACN 623 500 103).
These terms and conditions govern the relationship between LETTERS ANTHOLOGY (ACN [623 500 103) (“Letters Anthology”, “us”, “we”, “our”) and you as a contributor (“you”, “your”) when you submit letters, content or material for us to publicly publish to the Letters Anthology audience (our “Agreement”).
- YOUR CONTENT
Together with the promises and obligations contained herein and by way of other good and sufficient consideration, you acknowledge and agree that:
(a) you have provided written materials for potential publication (“Content”) to Letters Anthology in accordance with this Agreement;
(b) in return for the Content, Letters Anthology will assess the Content and consider whether to publish the Content via the following platforms or accounts (“Platforms”):
(i) our official website/s; and
(ii) our Facebook, twitter and any other official social media accounts;
(c) if the Content is potentially offensive, inflammatory, embarrassing, vilifying, defamatory, or otherwise objectionable (“Sensitive Content”) you will ensure that it does not identify any of the subjects of the Content or you as the author of the Content, and will not contain names, dates, locations, events, companies, people or other details that may identify the subjects of the Content or you as the author of the Content. Equally if we deem, at our sole discretion, that the Content contains Sensitive Content, we may edit the Content in accordance with this section or may request that you edit the Content accordingly.
(d) in the instance that we suggest edits to the Content or request that you edit the Content, the terms of this Agreement shall still apply to any such edited versions;
(e) if we approve the Content for publication, Letters Anthology may publish and distribute the Content on the Platforms in accordance with the Licence (defined below);
(f) we may publish your Content on our Platforms alongside images, chosen at our sole discretion;
(g) if we choose to publish your Content on any of our Platforms, we may remove that Content from those Platforms at any time at our sole discretion; and
(h) we have no obligation to publish your Content or to retain your Content on the Platforms for any particular period of time.
(a) Upon submission of your Content to us, you grant Letters Anthology a non-exclusive, royalty-free, perpetual licence to materially reproduce, publish and communicate the Content to our public audience on the Platforms (“Licence”).
(b) If we believe, at our sole discretion, that the Content is potentially offensive, inflammatory, embarrassing, vilifying, defamatory, or otherwise objectionable, you agree that the Licence entitles us to:
(i) publish your Content anonymously; and/or
(ii) edit the Content in order to de-identify names, dates, locations, events, companies, people or other details that may identify the subjects of the Content or you as the author of the Content, such as referring to subjects of the Content under pseudonyms where appropriate.
(c) You agree that the Licence entitles us to adapt the Content for stylistic or legal purposes.
(d) You agree that we may sublicence or assign our rights under this Agreement, including the Licence, to third parties, for the purpose of sharing your Content on the Platforms. We will seek your prior approval (not to be unreasonably withheld or delayed) for any other usage of the Content outside the terms of this Agreement.
(e) You agree that we may extract portions of the Content for use on the Platforms for promotional purposes.
- YOUR WARRANTIES
You represent, warrant and agree that:
(a) the Content was written by you and is original to you;
(b) the Content will not infringe any third parties’ copyright or moral rights;
(c) the Content will not contain or convey defamatory imputations;
(d) the Content will not contain any libelous, deceptive, discriminatory, inaccurate, misleading, fraudulent or unlawful subject matter;
(e) where the Content is deemed to be Sensitive Content (under Section 1 (c)), the Content will not identify you as the creator of the Content or identify the subjects of the Content;
(f) where the Content is deemed to be Sensitive Content (under Section 1 (c)), you will not:
(i) identify a subject of the Content or yourself as the author of the Content to any third party, on the Platforms, on any third party platform, on any social media account/s, or by any other communication whether oral or in writing or by inference; or
(ii) publish (or authorise the publication of) the Content on any other platform or by any means, in any manner or form that could potentially identify you or the subjects of the Content.
(g) our dealings with the Content (and our sub-licensees’ authorised dealings with the Content) will not infringe the rights of third parties in any way; and
(h) this Section is reasonable to protect the interests of Letters Anthology.
(a) If the Content is published under your real name, Letters Anthology agrees to include a credit/acknowledgement in all dealings with your Content in an agreed form.
(b) If the Content is deemed to be Sensitive Content (under Section 1 (c)), you agree to your Content being published anonymously and you consent to and unconditionally and irrevocably waive your entitlement to acknowledgement or attribution as the author or owner of the Content, and to any past, present or future acts or omissions by Letters Anthology that would otherwise constitute infringement of any of your moral rights in relation to the Content.
(c) No casual or inadvertent failure to accord a credit under Section 4 (a) will constitute a breach of this Agreement by us but we agree to use reasonable efforts to correct any such failure if capable of rectification on a prospective basis promptly upon your notification.
- INTELLECTUAL PROPERTY
(a) The rights in the name “Letters Anthology”, its logo, trade marks (whether registered or unregistered) and all related intellectual property are owned and expressly reserved by us.
(b) The Letters Anthology website, affiliate domains, Facebook, Twitter and all our other platforms and social media accounts, including all text, graphics, logos, audio and video content and software incorporated therein (the “Letters Anthology Property”), are the intellectual property of Letters Anthology, or have been properly licensed by us. Letters Anthology Property is protected by national and international laws of copyright, trade mark, design, moral rights and associated laws.
(c) You may not copy, reproduce, adapt, record, download, distribute or re-transmit any part of the Letters Anthology Property without our written consent (other than “sharing” Letters Anthology Property that we have published on our Facebook, twitter or any other official social media accounts via the relevant platform’s internal “sharing” function).
- PRIVACY AND CONFIDENTIAL INFORMATION
(a) Both parties agree to comply with all applicable jurisdictional privacy and data laws, regulations and policies when collecting, using or storing consumer data (whether personally or non-personally identifiable).
(b) We agree not to share your personal information or non-public, confidential information to any third party, except to our professional advisers to obtain advice, if we are required to by law, or if you provide your prior, written consent.
(c) You agree not to share our non-public, confidential information to any third party, except to your professional advisers to obtain advice, if you are required to by law, or if we provide our prior, written consent.
- DISPUTE RESOLUTION
(a) If there is a dispute between us with respect to any aspect of this Agreement, or there is an alleged breach by one party of its obligations, the aggrieved party will notify the other party in writing of the matter in dispute. The parties will negotiate to resolve the matter in dispute within seven (7) days after the giving of the notice. Failing that, the parties will endeavour to settle the dispute by mediation upon either party’s proposal to mediate, overseen by an independent, nationally accredited mediator referred by the Arts Law Centre of Australia. If the dispute is not resolved by mediation within fourteen (14) days of the giving of a proposal to mediate, the parties may settle the dispute through the relevant courts.
(b) This Agreement may be terminated by mutual agreement between us. If this Agreement is terminated (for any reason), you acknowledge and agree that the Content may remain on all the Platforms that already feature the Content at the effective date of termination, unless otherwise agreed between us in writing.
(c) For the avoidance of doubt, we will consider a request for us to remove the Content from our website, but you acknowledge that we will do so at our sole discretion, and that we have no control over and cannot remove the Content on third party platforms, sites, websites or domains.
(a) You will defend, indemnify and hold harmless Letters Anthology, our affiliates and their respective employees, agents, contractors, officers, directors, suppliers and representatives from all liabilities, claims, damages and expenses, including reasonable attorneys’ fees, that arise from or relate to a violation of your warranties under this Agreement and your use or misuse of your Content, and any direct or indirect dealings with your Content or with Letters Anthology.
(b) We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you will assist and cooperate with us where reasonable in asserting any available defences.
(c) Without limiting this Section, in no event shall we be liable to you or to any third party as a result of your breach of this Agreement, for any claim for indirect, wilful, punitive, incidental, exemplary, special or consequential damages, for loss of business profits, or damages for loss of business, whether based on contract, tort or any other legal remedy, even if we have been advised of the possibility of such damages.
(a) Severability: If any section or any part of a section of this Agreement is found to be invalid, illegal, unlawful or otherwise incapable of enforcement, that section or part of a section shall be deemed to be severed from this Agreement and to be of no force and effect. All other sections and parts of sections shall prevail and remain in full force and effect and no section or part of a section shall be construed to be dependent on any other section or part of a section unless stated in this Agreement.
(b) Relationship: Nothing in this Agreement makes a party the partner, agent, or legal representative of the other party for any purpose or creates any partnership, agency or trust and no party has any authority to bind the other party in any way, other than as set out in this Agreement.
(c) Counterparts: This Agreement may be executed in any number of counterparts, all of which, taken together, will constitute one instrument.
(d) Whole Agreement: This Agreement includes the entire agreement between us in relation to its subject matter. This Agreement may only be amended in writing by the parties. You acknowledge and agree that this Agreement applies to the Content submitted to us by you at this time, and that you must read and agree to the latest version of this Agreement each time you submit content to Letters Anthology.
(e) Waiver: Our failure to exercise or enforce any right or provision of this Agreement, shall not operate as a waiver of such right or provisions.
(f) Assignment: You may not assign, transfer or otherwise sub-licence your rights under this Agreement.
(g) Jurisdiction: This Agreement is governed by the laws of New South Wales, Australia and both parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
If you have any questions in relation to these Terms and Conditions, please contact us at letters[dot]anthology[at]gmail[dot]com prior to submitting.