Courtney Barnett – User Generated Content Submission & Licence
By submitting this form (including the links to download and/or share any audio-visual or other material (the “Content”)) you agree, for good and valuable consideration (the sufficiency of which is hereby acknowledged), to the following terms:
- Rights Granted
1.1 Although you will remain an owner of your Content, you hereby grant Courtney Barnett (and any party authorised by it) the non-exclusive, perpetual, royalty free, unrestricted, universal, and irrevocable right to:
(a) alter, edit, amend, and/or combine the Content with any other media (“New Content”). For the avoidance of doubt, you acknowledge that Courtney Barnett may edit Content including for dramatic effect; and
(b) download, reproduce, monetise, distribute, promote, publish, communicate, perform in public, use, and/or otherwise exploit, in Courtney Barnett’ sole discretion, the Content and New Content throughout all media now known or hereafter devised, in connection with Courtney Barnett (“Rights Granted”).
2.1 Courtney Barnett agrees to use reasonable endeavors to provide you a Credit via the hyperlink submitted by you in this submission form, in connection to Courtney Barnett’ use of the Content (the “Credit”).
2.2 You acknowledge that any inadvertent or casual failure to provide the Credit shall not be considered a breach of clause 2.1. You further acknowledge that Courtney Barnett shall not be responsible for any failure to provide a Credit where you:
(a) do not provide a working hyperlink or provide a hyperlink that is broken;
(b) provide a hyperlink that is not relevant to the Content; or
(c) provide a hyperlink that is offensive or otherwise inappropriate.
3.1 Subject to clause 1.1, all rights (including copyright) in and to any content that Courtney Barnett creates or generates (including any materials that includes or incorporates the Content, whether the Content is included in whole or in part, or whether the incorporated Content is unedited or edited) shall, upon creation, vest in and be owned by Courtney Barnett in perpetuity throughout the world free from any claims by you.
3.2 Other than as set out in clause 2.1, to the maximum extent permitted by applicable law, you unconditionally and irrevocably waive all moral rights in connection with the Content in favour of Courtney Barnett (and each of its licensees and assigns) and unconditionally and irrevocably consent to all or any acts or omissions by Courtney Barnett (and each of its employees, representatives, licensees and assigns) in relation to the Content including amending, editing or otherwise altering any Content.
- Warranties and Indemnity
4.1 You agree that you are not entitled to any payment or reward of any kind, including where Courtney Barnett generates any income whatsoever, in connection to the Rights Granted.
4.2 You represent to Courtney Barnett that:
(a) the Content is original to you;
(b) Courtney Barnett’ use of the Content as contemplated by this agreement will not infringe any person’s rights in any way whatsoever;
(c) you have obtained all necessary permissions and/or consents from any third party in relation to any and all third-party content (i.e. materials not owned or controlled by you) embodied in the Content; and
(d) the Content is not defamatory, untrue, confidential, nor otherwise infringes upon the rights of any third party (including without limitation any right of confidentiality, privacy, publicity or copyright);
4.3 You acknowledge and agree that you make the grants of rights in the Content hereunder at your own risk and you shall release, indemnify and hold harmless, Courtney Barnett, and any of its directors, officers, employees, contractors, licensees and agents (the Released Persons) from any action, proceeding, suit, claim or demand which You have, or may have, which is connected with, or incidental to the use of the Content by Courtney Barnett or the Released Persons.
4.4 You shall indemnify and hold Courtney Barnett and the Released Persons harmless from any claims, damages, liabilities, costs and expenses arising out of any breach by you of any warranty, representation or agreement made by you hereunder.
5.1 Courtney Barnett may assign, sublicense or transfer any or all rights or obligations under this Agreement to any third party either wholly or partially without further notice to you. You shall not, without the prior written approval of Courtney Barnett, take any action that would be reasonably likely to affect the rights granted to Courtney Barnett by you hereunder.
5.2 The parties agree that the terms of this agreement shall be governed by the laws of Victoria, Australia and the parties will submit to the exclusive jurisdiction of Victoria, Australia.
5.3 The parties acknowledge their independent relationship and agree that nothing in this agreement shall be construed to constitute a different relationship between them, such as that of employer/employee, agent/principal, partners, joint ventures, co-owners, or otherwise as participants in a joint or common undertaking.
5.4 This agreement contains the entire understanding of the parties and cannot be changed, rescinded or terminated except in writing and signed by both parties.