TERMS & CONDITIONS FOR USER-SUBMITTED CONTENT BY CONTRIBUTORS
Terms and Conditions
Effective as of 4 June 2018
.We (The Physical and Beyond Limited) invite Users (you) to submit non-advertising Material for publication or display on our Websites (User-Submitted Content) by email to email@example.com.
2.These Terms and Conditions govern User-Submitted Content.
3.Our Advertising Terms & Conditions apply to advertising material submitted for publication on our Websites.
4.By submitting User-Submitted Content, you agree to be bound by these Terms and Conditions from the date on which you submit User-Submitted Content.
5.These Terms and Conditions may be changed or updated from time to time. Your continued submission of User-Submitted Content represents your agreement to be bound by these Terms and Conditions as amended from time to time. For that reason, you should continue to review these Terms and Conditions whenever you submit User-Submitted Content. If you do not accept any change to these Terms and Conditions then you must cease submitting User-Submitted Content.
6.Views which are expressed in User-Submitted Content are not our views or opinions, nor the views or opinions of any of our officers, employees and agents. We accept no liability in respect of any User-Submitted Content, nor are we responsible for the content and accuracy of User-Submitted Content.
7.If you place reliance on material posted on this site you do so at your own risk, and you indemnify us (and our officers, employees and agents) from any liabilities, claims, costs, loss (including consequential loss) or damage suffered or caused by reason of your reliance on any User-Submitted Content.
8.In these Terms and Conditions, the terms ‘us’, ‘we’ and ‘our’ mean The Physical and Beyond Limited, and our related entities. All capitalised terms used in these Terms and Conditions are defined at the end of these Terms and Conditions.
9.Please direct any questions or comments about these Terms and Conditions to firstname.lastname@example.org.
Removal of your User-Submitted Content
10.You may request we remove your User-Submitted Content from our Websites at any time by email to email@example.com.
11.We retain the right and discretion (but not the obligation) to edit, delete, reject or remove any User-Submitted Content at any time.
12.We may refuse to publish User-Submitted Content on our Websites at our sole discretion.
13.We have the right to, at our sole discretion, reasonably alter any User-Submitted Content for publication on our Websites.
14.You grant us a non-exclusive, royalty-free, perpetual, worldwide, transferable and sub-licensable licence to use and exploit all Intellectual Property Rights in your User-Submitted Content, without restriction and without seeking any further approval from you. This licence includes the right to republish your User-Submitted Content in any format, and to use your User-Submitted Content in advertising or promotional material, including in return for payment, and the right to permit others to do so. In no event shall we be required provide you with any compensation in connection with such use.
15.We have the right to use any User-Submitted Content in good faith for the purposes of complying with any legal process, responding to claims of third parties and to protect the rights or property of us, our readers, and the public.
16.You will not submit any User-Submitted Content which:
a.is not original work in which you own the copyright, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the Intellectual Property Rights of another person;
b.is (or could reasonably be expected to be) obscene, offensive, pornographic, vulgar, profane, indecent or otherwise illegal;
c.is (or could reasonably be expected to be) defamatory of any person;
d.racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
e.you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
f.is to advertise, promote or solicit any goods or services, or otherwise engage in trade or commerce; or
g.provides any financial advice, or advice of any kind in relation to any financial product.
17.You warrant that that you have the right to grant the licence in clause 12.
18.You acknowledge that our use of User-Submitted Content may include licensing User-Submitted Content to third parties and/or using User-Submitted Content for advertising purposes. In no event shall we be required provide you with any compensation in connection with such use.
19.For the avoidance of doubt, you do not have, and will not claim, any right or interest in, or entitlement to, our company, business or Websites
20.You waive all moral rights in your User-Submitted Content and consent to us doing anything which we (or anyone permitted by us) may do in relation to your User-Submitted Content which would otherwise be in breach of your moral rights.
21.You agree to fully indemnify and hold us (and our officers, employees and agents) harmless against any liabilities, claims, costs, loss (including consequential loss) or damage incurred as a result of any User-Submitted Content you submit, or as a result of any breach by you of these Terms and Conditions.
22.Notwithstanding any indemnity provided by you under these Terms and Conditions, we retain the right to assume the conduct of any defence to a claim brought against us, and of any proceeding or appeal issued by us, and you agree to provide all reasonable cooperation (including by making available relevant documents) that we may require from you in relation to any such claim, proceeding or appeal.
Additional Terms and Conditions
25.These Terms and Conditions shall be construed and applied in accordance with the laws of New Zealand, and you consent to the non-exclusive jurisdiction of the New Zealand Courts to determine any matter or dispute which arises under these Terms and Conditions in accordance with the laws of New Zealand.
26.If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder shall not be affected.
Intellectual Property Rights means all trade marks, domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases, content and lists, rights in inventions, know-how, and trade secrets and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, and all rights of action, powers and benefits of the same.
Material means information, data, text, graphics, software, illustrations, photos, audio, video, any combination of these or other material.
Terms and Conditions means these terms and conditions.
User means anyone that accesses the Websites for any reason, including advertisers, contributors and/or readers.
User-Submitted Content has the meaning given in clause 1.
Websites means the websites with the domain names www.spiritworldtimes.com, http://spiritworldtimesuk.com/ and http://spiritworldtimesnz.com/