Calendar photos copyright agreement

Submitted Works - Terms and Conditions

APN invites you to submit your information, data, text, photographs, graphics, video, messages, tags, or other materials (“Content”) for publication on APN’s websites (“Sites”) and in APN’s publications. You acknowledge and agree that all Content is submitted on the Terms and Conditions set out below and in accordance with the Terms of Use of the Sites. To the extent of any inconsistency, these Terms and Conditions prevail in relation to Content submitted by you.

1. APN does not claim ownership of Content you submit for publication. You retain all patent, trademark and copyright to any Content you submit for inclusion on the Sites and you are responsible for protecting those rights.

2. By submitting or making available Content for inclusion in APN’s publications (including speciality publications such as calendars, books and pamphlets) or on publicly accessible areas of the Sites, you grant APN a worldwide, royalty-free, non-exclusive and fully sub-licensable license(s), to use, reproduce, distribute, publish, display, edit, modify, create derivative works and otherwise use the Content (in whole or in part) in any form in any APN media.

3. APN reserves the right to decline to publish, or where already published, to remove any Content that we consider in our absolute discretion is inappropriate for any of the Sites or publications for any reason.

4. You certify that:

a) you are the sole author or owner of the Content that you are submitting;

b) you have the right to grant the license(s) set out in clause 2 above;

c) you obtained your Content in a manner which does not breach any laws or the rights of any person;

d) where you submit Content for news purposes, your Content reflects actual people and events and you did not digitally alter images or footage in any way to create your Content;

e) your Content has not been digitally altered in any way to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

f) your Content, the provision of your Content to APN and the use by APN of your Content, in each case as contemplated in these Terms and Conditions, does not breach any law (including laws relating to privacy, intellectual property and defamation) or the rights of any person;

g) you have the consent of any person who is identifiable in your Content to submit the Content to APN for publication;

h) your Content, at the time you send it to APN, contains no virus or other code or material embedded in it which will have a negative impact on APN’s services or infrastructure; and

i) your Content is not being provided for a commercial purpose (including that you are not soliciting funds or promoting particular goods or services).

5. You permit APN to show your name with your Content unless you specifically request otherwise. You recognise that your name may not be shown at all times and you waive your moral rights in relation to any failure by APN to show your name with your Content. Your contact details will not be displayed but must be provided in case APN needs to contact you.

6. APN will be under no liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of your supply of your Content to APN, or the subsequent use of your Content on the Site(s) or within any other goods or services supplied by APN.

7. On providing your Content to APN for publication in any media, you indemnify APN and its officers, employees and agents against any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of:

a) the publication by APN, or a person permitted by APN, of your Content; or

b) a breach by you of these Terms and Conditions.

8. APN Newspapers Pty Ltd ABN 21 009 657 943 holds the benefit of all rights conferred on APN or its officers, employees or agents under these Terms and Conditions as trustee for those persons and may enforce those rights on their behalf in its capacity as trustee.

9. These Terms and Conditions are governed by, and construed in accordance with the law in force in Queensland. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Brisbane, Queensland and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and Conditions.