This Rights Holder Charter (“Charter”) sets out the terms and conditions governing the relationship between Archant Community Media Limited (“ACML”) and an individual or company making a Contribution to ACML (“Rights Holder”).
The purpose of this document is to ensure that the Charter terms are incorporated into to all Contracts with each Rights Holder, so both parties are clear as to how ACML may use content.
This Charter does not apply to content submitted:
This Charter applies to all Rights Holder Contributions, except where the Rights Holder is already subject to a separate written agreement with ACML in relation to Contributions, or where ACML has agreed in writing to vary or amend the Charter due to exceptional circumstances.
By sending ACML a Contribution you are making an offer to ACML to use the Contribution. ACML’s use of the Contribution is acceptance of your offer and creates a Contract on the terms of this Charter. Submission of a Contribution by you is an acknowledgement that you agree to the terms of this Charter. If you do not agree to the Charter you must email us as soon as possible to raise your objection and withdraw your submitted Contribution, otherwise you will be deemed to have accepted the Charter terms.
the agreement between ACML and the Rights Holder relating to the Contribution incorporating this Charter and the Special Terms (where applicable);
material (written, audio, visual, video or audiovisual) created by the Rights Holder and will be classified as either Material You Send Us or Material We Request From You;
for Material You Send Us “© [insert name of Rights Holder and Year]”;
means one or more publications owned or operated by ACML;
the licence granted by the Rights Holder to ACML as set out in the Licence sections of this Charter;
has the same meaning as provided in Article 4 of the General Data Protection Regulations;
a Contribution as set out under the Material You Send Us paragraph;
A Contribution as set out under the Material We Request From You paragraph;
name of the of the individual or company which has created the relevant Contribution;
written terms between ACML and the Rights Holder relating to the Contribution that are not set out in this Charter and/or vary this Charter; and
content submitted by an individual through a feature that allows the individual to upload material to any of Archant’s websites or social sites.
If there is any inconsistency between any of the provisions of this Charter and the Special Terms, the Special Terms shall prevail. To be clear, where no Special Terms are agreed in writing, the Charter will apply without variation.
When sending us a Contribution, please provide the following information:
We will use the information for the purpose of processing and publishing your contribution, and providing Credits on your contribution.
Material You Send Us is a Contribution that is received by ACML from a Rights Holder. The Contribution may be solicited or unsolicited. The following are examples of Material You Send Us:
Material You Send Us does not include UGC, Material We Request You To Send Us or material that is governed under any other relationship between the Rights Holder and ACML.
ACML is under no obligation to accept any Material You Send Us for review and if accepted for review is under no obligation to offer a Contract. Should ACML decide that it wishes to use the Contribution, it will be governed by the terms of this Charter. ACML is under no obligation to use the Contribution.
If you wish to submit a speculative Contribution to us, please contact the appropriate ACML title.
Please note that ACML will not be able to acknowledge receipt of your Contribution and any submission is at the Rights Holder’s own risk.
ACML believes that Material You Send Us is the Rights Holder’s property and that the Rights Holder should not need to give up all its rights for the Contribution to be used by ACML.
Therefore, by sending us a Contribution, the Rights Holder grants the following irrevocable licence in perpetuity to ACML:
In return for the licence granted in relation to the Material You Send Us, ACML will endeavour to provide the Credit with the Contribution. The licence granted to ACML shall survive any termination of the agreement between ACML and the Rights Holder.
Material We Request From You is a Contribution that has specifically commissioned by ACML. ACML will contact a Rights Holder and commission them to provide a Contribution in relation to a brief. An example of Material We Request From You is:
Material We Request From You does not include UGC, Material You Send Us or material that is governed under any other relationship between the Rights Holder and ACML. The Rights Holder will provide its own equipment and materials to fulfil its obligation for Material We Request From You. ACML is under no obligation to use the Contribution.
ACML believes that Material We Request From You should be ACML’s property as ACML has requested the Rights Holder’s services and instructed them to create the Contribution on its behalf. However, ACML acknowledges that the Right Holder may need a licence from ACML to use the Contribution for limited purposes.
Therefore, in submitting Material We Request From You to ACML, the Rights Holder assigns to ACML with full title, right and interest all existing and future intellectual property rights in the Contribution. In return, ACML will endeavour to give a Credit to the Rights Holder and ACML grants the Rights Holder a non-exclusive, non-transferable licence to use the Contribution in its own online and offline portfolio, provided that the following copyright notice is applied to the Contribution “© Archant Community Media Limited used under limited licence”.
Any rights granted to ACML or the Rights Holder under this Charter shall survive termination of the Contract for any reason.
The Rights Holder promises:
In the event that a complaint is raised in relation to a Contribution, the Rights Holder agrees to co-operate fully with any internal or external investigation or process.
The Rights Holder is an independent contractor and nothing in the Charter shall render the Rights Holder an employee, worker, agent or partner of ACML. The Rights Holder is responsible for any taxes/national insurance payable in relation to any services provided under the Charter.
The Rights Holder shall keep ACML indemnified in full against all loss incurred or paid by ACML as a result of or in connection with any claim made against ACML by a third party:
No variation of any term of this Charter will be effective, unless it is set out in writing (letter, fax or email) and signed by a relevant employee of ACML.
If you wish to submit a Contribution and are unable to agree with the terms of this Charter or if you have any questions regarding this Charter, please contact a relevant employee the publication.
In the event of a problem or dispute in relation to a Licence and/or in connection with this Charter, in the first instance the Rights Holder and the Editor will look to resolve the dispute amicably.
Unless otherwise agreed, this Charter shall be interpreted in accordance with the laws of England and Wales and English courts will have exclusive jurisdiction.
© Archant Ltd 2013