Contributor Terms and Conditions
Last updated: 16 June 2017
These terms and conditions of use set out the terms and conditions on which you agree to use iWitnessUpload. Please read the terms and conditions carefully.
The following definitions have the corresponding meanings given to them:
iWitnessUpload: means iWitnessUpload Pty Ltd ABN: “address” including its successors in title and assigns. The term iWitnessUpload also refers to www.iwitnessupload.com (‘the website’), or any related website owned and operated by iWitnessUpload and any mobile versions or applications (‘the app’) owned and operated by iWitnessUpload.
The app: means iWitnessUpload mobile applications comprising iWitnessUpload computer programs designed to run on smartphones, tablet computers and other mobile devices.
Registered User(s): means a person who creates an Account through the registration process on the website or the app. In order to create an Account you must enter some personal details (name, email address, city), a login name and a password. A confirmation email will be sent to the Registered User upon submission of the data and acceptance by the Registered User of these Terms and conditions.
You/Your: whether capitalised or not means the registered user of iWitnessUpload.
Account and user account: means an account opened by a Registered User through the Website or App to allow the Registered User to use iWitnessUpload.
Content and user content: means any still image, film or video footage generated electronically, digitally or by any other means uploaded to iWitnessUpload.
Contributor(s): refers to you, the user and holder of a registered account for iWitnessUpload who accessing the iWitnessUpload contributor framework may from time to time upload content to iWitnessUpload in accordance with these terms and conditions.
Broadcaster(s): means those media organisations, or persons acting on behalf of, or persons who representing to be part of media organisations, who hold a registered account in respect of using iWitnessUpload in connection with this media organisation. Specifically, a broadcaster refers to those registered accounts given access to and the ability to bid for/purchase licenses to content under the terms specified in the broadcaster terms and conditions.
User(s): refers to anyone using iWitnessUpload and any of its services, this includes both contributors and broadcasters.
Auction: refers to an iWitnessUpload auction listed on the iWitnessUpload broadcaster framework. Broadcasters and other third parties will be able to bid for an exclusive license to copy and reproduce approved user content. Auctions will contain varying starting bids, lengths and bid increments as specified by iWitnessUpload at its sole discretion.
Pay-per-download: Refers to the ability for broadcasters and other third parties to purchase a license to copy and reproduce approved user content as specified in the broadcaster terms and conditions.
Gross payment: means any amount received by iWitnessUpload in respect of the licensing of user content.
Contributor Payment: means any payment transferred by iWitnessUpload to a contributor in respect of the licensing of their user content.
Commission: refers to the percentage amount retained by iWitnessUpload in accordance with clause..
Upload: means to submit User Content to iWitnessUpload using the website, the app or by email.
Uploaded: means User Content that iWitnessUpload has received in a complete, readable and downloadable form.
Access to iWitnessUpload is provided exclusively on the basis that you agree to be bound by the Terms of conditions. Any user content you submit through the website, the app or by email shall be submitted in accordance with the terms and conditions. You may not use iWitnessUpload if you do not accept the Terms and conditions, but if you do use iWitnessUpload you will be deemed to have agreed to and accepted the Terms and conditions immediately.
By using iWitnessUpload you represent and warrant that you are over the age of majority in your jurisdiction of residence and are lawfully able to form a binding contract with iWitnessUpload under your jurisdiction of residence.
If you are using iWitnessUpload as a broadcaster or on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms and conditions on such entity’s behalf, and that such entity agrees to indemnify iWitnessUpload and its related entities, directors, officers, employees and agents, from any claims, damages, costs, liabilities and expenses (including but not limited to legal fees) arising from or related to the use of iWitnessUpload or violations of these Terms and conditions (whether directly or indirectly).
Changes to terms and conditions
IWitnessUpload reserves the right to change, modify, add or remove any portion of these the Terms and conditions, or modify any policy or guideline on the Website and the app, at any time and in its sole discretion. The modified version of the Terms and conditions will appear on the Website and the app and you will be required to accept the most recent version of the terms and conditions. We will also revise the ‘last updated’ date at the top of the Terms and conditions.
Changes to the Terms and conditions will be effective immediately and you will be required to accept the most recent version. The most recent terms and conditions will also appear on the website and on the app. Your acceptance of the most recent terms and conditions, or the continued use of iWitnessUpload after the date the terms and conditions are modified will constitute your acceptance of the most recent terms and conditions. If you do not agree to the most recent terms and conditions please discontinue your use of iWitnessUpload. We encourage you to review the Terms and conditions whenever you visit the Website or the app.
Unless otherwise indicated, all of the content other than User Content, displayed on or available through iWitnessUpload, including, but not limited to, all names, logos, trademarks (whether registered or unregistered), Website design, databases, computer codes, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof is owned by iWitnessUpload or its licensors and protected by copyright, trademarks, database rights and other laws relating to the protection of intellectual property. They may not be copied, imitated or used, in whole or in part, without the prior written permission of iWitnessUpload.
In addition, the look and feel of iWitnessUpload, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of iWitnessUpload and may be subject to copyright and it may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned in iWitnessUpload are the property of their respective owners.
Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us and we do not verify the accuracy of any representations made by those third parties in relation to their products, service, processes or information.
General conditions of use
iWitnessUpload grants you permission to access and use iWitnessUpload, subject to the following conditions and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms and conditions.
iWitnessUpload may contain hyperlinks to other websites that are not owned or controlled by iWitnessUpload. Unless otherwise stated we (a) do not control, approve, endorse or sponsor any such websites or their content; or (b) do not provide any warranty or take any responsibility for any aspect of those websites or their content or accuracy (c) are not responsible for the availability of any such external sites or resources.
You acknowledge and agree that iWitnessUpload is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
You may not use iWitnessUpload:
a) to contravene any applicable law or regulation, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside or access iWitnessUpload;
b) to download, copy, re-transmit or distribute any part or parts of iWitnessUpload, including but not limited to iWitnessUpload Content in any medium, without, or in violation of, a written licence or agreement with IWitnessUpload or the respective licensors of the IWitnessUpload Content;
c) to access iWitnessUpload through any technology or means other than such means as IWitnessUpload may explicitly designate for this purpose;
d) for any data mining, robots or similar data gathering or extraction methods whether in relation to Users, User Content or otherwise;
e) to interfere with or disrupt iWitnessUpload in any way, including (but not limited to) though the use of viruses, Trojans or other harmful code or for using or launching any automated system that accesses iWitnessUpload in a manner that sends more request messages to the IWitnessUpload servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
f) to alter or modify any part of iWitnessUpload or IWitnessUpload Content;
g) to register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party for any IWitnessUpload product or service if you are not expressly authorised by such party to do so;
h) to reverse engineer, alter or modify any part of iWitnessUpload or IWitnessUpload Content;
i) for the solicitation of business or in connection with any commercial enterprise.
j) to circumvent, disable or otherwise interfere with security-related features of iWitnessUpload or any system resources, services or networks connected to or accessible through iWitnessUpload, or features that (i) prevent or restrict use or copying of IWitnessUpload Content or (ii) enforce limitations on use of iWitnessUpload or the content accessible via iWitnessUpload.
k) generally other than for their intended purposes;
l) or to encourage, assist, or procure another person to do any of the foregoing.
IWitnessUpload grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. IWitnessUpload reserves the right to revoke these exceptions either generally or in specific cases.
Submission of content
Registered Users may upload or submit content through the Website, the App or by email. iWitnessUpload will commence a process of review in order to ensure the content does not contravene the terms and conditions and that it is capable of being licensed to broadcasters.
If iWitnessUpload believes, at its sole discretion, the Content may be capable of being licensed to broadcasters and other relevant third parties, following the process of review we may approve it for listing, to be able to be viewed by our broadcasters. If the Content has been reviewed and is not approved, it will not be capable of being licensed to broadcasters and a contributor will not receive any form of payment. We will notify you via your nominated email address if your content is not approved for listing.
You agree that we will watermark all content approved for listing on iWitnessUpload, with an iWitnessUpload logo in order to protect its rights for licensing.
iWitnessUpload makes no warranties that submitted user content will be approved.
iWitnessUpload makes no warranties that Content that has been approved will be licensed, or otherwise distributed, to broadcasters.
Copyright in the Content you upload to iWitnessUpload will remain with you, subject to any license granted in accordance with these Terms and conditions.
You understand and agree that you are solely responsible for your own Content and the consequences of uploading or submitting it. iWitnessUpload does not endorse any Content or any opinion, recommendation, or advice expressed, and iWitnessUpload expressly disclaims any and all liability in connection with Content.
By submitting the Content you represent and warrant that:
you have all right, title and interest in the User Content necessary to grant the rights that you grant under these Terms and conditions, including that you have all necessary licenses, rights, consents, permissions and any release related to any rights of privacy or publicity that are required to enable iWitnessUpload to use your User Content in the manner contemplated by these Terms;
you have uploaded the content exclusively to iWitnessUpload and that it does not appear on any other website, including social media;
you have not entered and will not enter into any agreement in respect of the User Content which would conflict with the rights granted to iWitnessUpload under these Terms and conditions;
you are, and will remain during the Term of these Terms and conditions, the authorised representative of the sole owner of the whole copyright and other proprietary rights in the User Content you submit;
there are no restrictions on licensing and/or use of the User Content for any purposes;
you will notify iWitnessUpload in writing upon delivery of the relevant User Content of any specific licensing conditions relating to any User Content you submit;
the User Content is genuine, does not depict any staged events and has not been doctored in any way;
the User Content does not infringe upon or violate any statutory copyright or upon any common law right, copyright, patent, trademark, trade secret, proprietary right, or any other similar right of any third party (including rights of privacy or rights of publicity) or any other intellectual or proprietary right of a third party;
the User Content does not violate any law, statute, ordinance, or regulation, including by the manner in which it was obtained or created;
the User Content does not contain any material which is unlawful for you to possess in the country in which you are a resident, or which would be unlawful for iWitnessUpload to use or possess;
the User Content is not libellous (including trade libellous), defamatory, or obscene;
the User Content is not pornographic or obscene;
the User content will not contain any viruses, Trojan Horses, worms, time-bombs, or other similar harmful or deleterious programming routines;
the User Content is accurate, genuine and does not depict any event staged for the purpose of creating the User Content;
all metadata provided with the User Content is accurate and does not falsely represent copyright ownership;
the User Content is not subject to any exclusive contract, agreement or license;
and iWitnessUpload’s exercise of its rights hereunder will not infringe on or violate any copyright, patent, trademark, trade secret, privacy right, publicity right or other intellectual property or proprietary right of any third party.
You will indemnify and hold harmless iWitnessUpload against any losses (including reasonable legal fees) arising from or in relation to any breach by you of the warranties in the above
On becoming aware of any potential violation of these Terms, iWitnessUpload reserves the right to decide whether the User Content complies with the requirements set out in these Terms and conditions and may, without prior notice and at its sole discretion, remove such User Content from iWitnessUpload and/or terminate a Registered User’s account.
You understand and acknowledge that in using iWitnessUpload, you may be exposed to User Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iWitnessUpload with respect to any such User Content.
Grant of License
As and when you effectively upload or submit Content to IWitnessUpload through the Website, the App or by email (“Effective Date”), you grant to IWitnessUpload an irrevocable perpetual license to access, use, display, promote, distribute, edit and reproduce that User Content (without right of approval or claim to contributor payment, compensation or any other benefit other than as expressly provided in these Terms and conditions) and to promote, redistribute and license part or all of the User Content to broadcasters and other third parties (“License”).
The License granted by you constitutes an exclusive, irrevocable, worldwide, transferable license (with rights to sublicense) for a period of 90 days from the Effective Date (“Exclusivity Period”) and thereafter, a non-exclusive, irrevocable, worldwide transferrable license (with rights to sublicense).
By uploading or submitting User Content to IWitnessUpload you agree that from the Effective Date until the end of the Exclusivity Period, you will not grant, or attempt to grant any rights in the User Content to any third parties.
You acknowledge and agree that regardless of the status of your Account, you will not have the right to revoke the license or remove your User Content from iWitnessUpload.
You agree that you will not grant any rights to third parties that would conflict with the rights you have already granted IWitnessUpload under this clause.
If you wish to delete your Account, please send an email to info@iWitnessUpload.com and we will endeavour to delete your Account as soon as possible. Please note that if your Account is deleted, iWitnessUpload will still have the right to use the User Content as specified above. Regardless of the status of your Account, it is your responsibility to ensure that IWitnessUpload has your contact information for the purposes of facilitating the payment of a contributor payment in accordance with these terms and conditions.
Sale of content
Following the process of review, at iWitnessUpload’s discretion we may list your content for pay-per-download sale or auction to broadcasters registered with iWitnessUpload or other third parties.
A pay-per-download sale will grant a broadcaster a non-exclusive, non sub-licensable and non-transferable right to copy and reproduce the user content solely in accordance with the Broadcaster Terms and conditions.
The purchase of content via auction will grant a broadcaster an exclusive, non sub-licensable and non-transferable right to copy and reproduce the user content solely in accordance with the Broadcaster Terms and conditions.
We retain absolute discretion in determining any aspect of an auction listed on iWitnessUpload broadcaster platform including the starting amount, bid increment and length of any auction. By agreeing to these terms and conditions you agree that you will not be involved in, or have the right to influence any aspect of an auction run by iWitnessUpload.
We retain absolute discretion in pay-per-download auctions including the sale price for and listing of pay-per-downloads. By agreeing to these terms and conditions you agree that you will not be involved in, or have the right to influence any aspect of a pay-per-download listing run by iWitnessUpload.
Upon completion of a sale, iWitnessUpload will retain the gross payment received and subject to the terms and conditions, agree to transfer this payment to the relevant users iWitnessUpload account, subject to a commission.
iWitnessUpload will retain a 40% commission on any gross payment received (exc GST) from the licensing of user content.
Contributor payment will, in all cases, be net of:
Applicable taxes or other withholdings required by any applicable law.
Bad debts or other uncollectable sums.
Legal and other reasonable fees incurred in enforcing this Agreement or the agreements contemplated in this Agreement (e.g. licences and sales of the Content).
Refunds of amounts under clause
Overpayment of Commission in a prior period.
Any amounts owing by you to us.
Any amounts (including legal fees and any contingent expenses) incurred by us in enforcing our rights under our licensing agreements in respect of your Content.
We can set off against any amount owing to you, all amounts to which we are entitled under this Agreement or at law.
We are not required to pay a contributor payment if you have breached this Agreement.
You will be notified via email when your content has been purchased. This will include the amount of the contributor payment remaining from an auction or pay-per-download. You agree that we do not have to specify the type of sale which has taken place.
In some circumstances where we are required to refund any amounts to broadcasters or any third parties paid to us in relation to the licensing of your Content, then we, in our discretion may require you to repay any of the contributor payment paid to you.
This may be taken out of any iWitnessUpload account balance remaining in the registered account which has not yet been withdrawn to a nominated bank account.
iWitnessUpload makes no warranty to any User that a broadcaster will make payments due under any iWitnessUpload license agreement. Where a broadcaster fails to make payments, IWitnessUpload has no obligation to make payment to the User.
You acknowledge and accept that IWitnessUpload is not responsible for any costs incurred by the user, including in the course of obtaining any User Content.
iWitnessUpload will retain a 40% commission on any gross payment received (exc GST) from the licensing of user content. This includes both auctions and pay-per-downloads.
The Commission schedule is subject to change in our sole discretion by providing written notice to you by email at the last address contained in your user information, or by a change in the terms of conditions. Such change will apply to any future Content uploaded by you. If at any time, the Commission schedule is not acceptable to you, you should not accept the terms and conditions. By doing so you agree to accept the terms of this agreement including any commission charged by iWitnessUpload.
Withdrawal of funds
Following a request to withdraw funds from a user’s positive iWitnessUpload account balance we will transfer any requested balance to the nominated bank account within fourteen (14) days of receiving such a request.
iWitnessUpload accepts no responsibility for any loss relating to a user’s incorrect entering of bank details, or delays in receiving such payments.
iWitnessUpload reserves the right to withhold the withdrawal of funds into a users nominated bank account for an indefinite period of time such as may be necessary to determine any applicable refund or breach of these terms and conditions.
You agree that when any issues arise with user content which result in the refund of payment to broadcasters, this can be immediately withdrawn from the relevant contributors iWitnessUpload account balance.
Any breach of the terms of this agreement can also result in the withdrawal of a users iWitnessUpload account balance.
Withholding of taxes
You agree that you (the contributor) are supplying content to iWitnessUpload wholly made in the course of a private recreational pursuit or hobby and not in the course of carrying on any form of business.
Pursuant to clause iWitnessUpload will not withhold any amount for the withholding of tax.
iWitnessUpload does not intend for any payment to constitute a receipt for services and you agree that any liability for tax which may arise will be borne completely by you.
Data Protection Consent
In order to access the App or the Website or other elements of iWitnessUpload, you may have to create an Account. In relation to your Account you hereby agree to: (a) provide accurate, current and complete information as prompted by any registrations forms on the Websites (“Registration Data”); (b) maintain and promptly update your Registration Data, and any other information you provide to iWitnessUpload, in order to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify iWitnessUpload immediately of any breach of security or unauthorised use of your Account or Registration Data that you become aware of; (e) accept sole responsibility (to iWitnessUpload, and to others) for all activity that occurs under your Account; and (f) accept all risks of unauthorized access to your Registration Data and Account or any other information you provide to iWitnessUpload
You hereby agree to indemnify, release and hold harmless iWitnessUpload, its subsidiaries, affiliates, licensers, officers, directors, employees, agents, representatives, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including but not limited to reasonable legal fees) arising out of, or related to any User Content that you post, store or otherwise transmit on or through iWitnessUpload, your conduct, your use or inability to use iWitnessUpload, your breach or alleged breach of the Terms and conditions or any representation or warranty contained therein, your infringement of any intellectual property right of any person or entity, your violation of any rights of another, or any other liabilities arising out of your use of IWitnessUpload or any information, materials, products or iWitnessUpload available through IWitnessUpload.
From time to time, iWitnessUpload may send out Content requests to Registered Users via push notification or email, and advertise such Content requests on iWitnessUpload, informing Users about news events which may be taking place in the surrounding geographical location associated with the registered account, with the intention of collecting User Content from such news events (“Content requests”).
You acknowledge and agree that by iWitnessUpload sending such Content requests, iWitnessUpload has not, expressly or impliedly, compelled, engaged, employed, contracted or created any other form of association between iWitnessUpload and any User;
b) acknowledges and agrees that the User may respond to such Content requests entirely at their own cost and risk; and
c) releases and indemnifies iWitnessUpload, and each of the Released Persons, from and against all claims, proceedings, expenses, costs, damages, losses and other liabilities in respect of death of, or personal injury, disease or illness (including mental injury) to, any person, third party property damage, arising directly or indirectly from, under or otherwise in relation to, any Content requests.
Warranties and liability
No warranties except those implied and that by law cannot be excluded are given by us in respect of the service supplied.
You assume all responsibility and risk for use of iWitnessUpload
In no event shall either iWitnessUpload be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, business interruption, loss of business information or any other pecuniary loss, damage, action, suit or any other proceeding arising under or in relation to this Agreement).
To the extent permitted by law, our liability under this Agreement or in relation to your use of iWitnessUpload is limited to $1000 AUD.
iWitnessUpload does not represent or warrant to you that:
your use of iWitnessUpload will meet your requirements;
your use of iWitnessUpload will be uninterrupted, timely, secure or free from error;
iWitnessUpload is free from infection by viruses or anything else that has contaminating or destructive properties; or
that defects in the operation or functionality of any software provided to you as part of iWitnessUpload will be corrected.
iWitnessUpload may (but is not obliged to) make reasonable efforts to ensure the accuracy, correctness and reliability of approved user content but is not obliged to do so. We make no representation or warranties as to the accuracy, correctness and reliability of the approved iWitnessUpload Content. iWitnessUpload offers a search feature on the Websites but disclaims any responsibility for the completeness or accuracy of any directory or search result.
Any material obtained by you through your use of iWitnessUpload is obtained at your own discretion and risk, and you will be solely responsible for any loss including damage to your computer system or any loss of data that may result from use of iWitnessUpload. You, not iWitnessUpload, assume the entire cost of necessary servicing, repair or correction due to your use of iWitnessUpload.
No conditions, warranties or other terms apply to the use of iWitnessUpload except to the extent that they are expressly set out in the Terms and conditions.
Notwithstanding any of these Terms, iWitnessUpload reserves the right, without notice and in its sole discretion, to block users access to iWitnessUpload and/or disable Registered User’s Accounts.
The Terms and conditions constitute the whole agreement between you and iWitnessUpload and no representation, statement, inducement oral or written, not contained herein shall bind any party other than in accordance with these terms and conditions.
If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms and conditions and does not affect the validity and enforceability of any remaining provisions.
If we are unable to perform our obligations under these Terms due to matters beyond our reasonable control, including but not limited to, fire, explosion, war, civil disorder, industrial disputes, or other disasters or governmental laws and regulations imposed, we will not have any liability to you for our failure to perform.
Failure to Act
Our failure to enforce or insist upon the timely performance of any term, condition, covenant or provision in this Agreement, or our failure to exercise any right or remedy available under this Agreement or at law, or our failure to insist upon timely payment of monies when due or to demand payment of any charges or fees which accrue or any extension of creditor forbearance under this Agreement shall not constitute a waiver of any subsequent default or a waiver of our right to demand timely payment of future obligations or strict compliance with the Agreement.
Contacts and notices
You agree that iWitnessUpload may provide you with notices, including those regarding changes to the Terms and conditions, by email, or postings on iWitnessUpload.
If you have any questions regarding these Terms and conditions or any other matter, you may contact us via email to email@example.com.
This Agreement shall be governed by and interpreted according to the laws of the State of Victoria, Australia and the parties consent and submit to the jurisdiction of the Courts of the State of Victoria, Australia.
Notwithstanding that any provision of the Agreement may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Agreement shall continue in full force and effect.
END OF CONTRIBUTOR TERMS AND CONDITIONS