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Contributor Terms & Condition (“T&Cs”)
Sundial Magazines Limited (“Sundial”) is a publisher of various magazines and publications, including placing materials on websites and/or within messages or other forms of communications to the public (including, but not limited to, social media such as Twitter or Facebook) (“Publications”) and commissions the Contributor to create and/or licence Works (including written copy, photographs, illustrations, designs, etc, in whatever form or media) (“Works”) for use in Sundial’s Publications, in accordance with these Terms and Conditions (“T&Cs”).
1.1 The Contributor shall complete and deliver the Works to Sundial via email (in an electronic format that is compatible with Sundial’s systems and which does not contain any viruses on or by the “Delivery Date” agreed.
1.2 The Contributor acknowledges that Sundial has sole control of all matters in relation to the production and publication of the Works, including without limitation print runs, numbers of reprints, additions to the Works and location of the Works within the Publications.
1.3 Nothing in these T&Cs shall constitute an undertaking on the part of Sundial to publish the Work and in no event shall the Contributor be entitled to compensation or remedy in respect of loss of opportunity or reputation, or loss of publicity or for any other reason whatsoever.
1.4 Sundial shall use all reasonable endeavours to identify the Contributor as the author of Works. The Contributor acknowledges that no casual or inadvertent failure by Sundial to comply with this provision shall constitute a breach by Sundial of these T&Cs.
2. RIGHTS GRANTED
2.1 In consideration for payment of the Fees in accordance with these T&Cs, the Contributor grants to Sundial a perpetual, irrevocable, worldwide, exclusive licence to include the Works in Sundial Publications (which includes all Publications created by Sundial for itself or on behalf of its clients) and to ‘Use’, re-use, re-publish, reproduce and display the Work in any and all media now known or hereinafter from the publication date.
2.2 For the purposes of Clause 2.1 and 5.1, ‘Use’ shall include (but not be limited to) the right to incorporate the Works (in whole or in part) into Sundial’s Publications, to prepare and make copies or cause them to be prepared and made and to distribute, sell, rent and lend (and to authorise other third parties to do so) in whatever media, to add to, delete from, take from, use, alter in any way, and/or cut, transpose, adapt and/or change the Works and the right to combine the whole or any part of the Works with any other literary or artistic material, and to use the Works (in whole or in part) in any advertising or promotional activity of Sundial (or its appointed third party).
2.3 Sundial and the Contributor agree that copyright and other intellectual property rights in the Works shall remain with the Contributor, other than the rights granted to Sundial under these T&Cs.
3. WARRANTIES AND LIABILITY
3.1 The Contributor represents, warrants, undertakes and agrees with Sundial as follows:-
3.1.1 the Contributor is the sole author of the Works and the absolute legal and beneficial owner of all rights in the Works throughout the world;
3.1.2 the Contributor has obtained all necessary releases or permissions in relation to key quotations and other third party material and moral rights relating to the Works.
3.1.3 the Contributor has obtained all necessary consents from the subjects of photographs (if photographs are included as part of, or are the entirety of, the Works).
3.1.4 all statements purporting to be facts in the Work are true and correct and no advice or instruction in the Works will, if followed, by any person cause loss, damage or injury to them or any other person;
3.1.5 there is no present or prospective claim, proceeding or litigation in respect of the Works or the title to the Works or the ownership of the copyright or any other right in the Works.
4.1 In consideration for the grant of the rights in the Works under these T&Cs, Sundial shall pay the Fee and any expenses agreed between the parties.
4.2 The Contributor shall submit their invoice for the Fees (plus VAT if applicable) and any agreed expenses to Sundial. Sundial shall pay the Contributor’s invoice within thirty (30) days of publication of the Work. Payment by Sundial of the invoices for the Fees and any agreed expenses shall be in full and final consideration of all rights granted to Sundial under these T&Cs for use of the Works.
4.3 If the Contributor wishes to charge significant expenses in relation to the creation of the Works, such expenses must be agreed with Sundial before these are incurred. No exceptional expenses incurred by the Contributor shall be payable.
4.4 If the Work produced by the Contributor is rejected by Sundial, then the Contributor shall not be entitled to payment of the Fees and/or any agreed expenses, unless subsequently agreed between the parties in writing.
5. EDITORIAL CHANGES
5.1 The Contributor acknowledges that Sundial have the right to make alterations (see clause 2.2 re ‘Use’) to the Works. The Contributor consents to Sundial exercising such right and agrees that the exercise of these rights shall not be capable of being considered a distortion, mutilation or derogatory treatment of the Work.
6. MISCELLANEOUS PROVISIONS
6.1 The Contributor shall have in place suitable insurance from a reliable insurance provider in order to cover its liabilities, including (but not limited to) public liability insurance.
6.2 Failure of either party to enforce or exercise, at any time or for any period, any term does not constitute, and shall not be construed as, a waiver of such term and shall not affect the right to enforce such term, or any other term contained in these T&Cs, at a later date.
6.3 The invalidity or unenforceability of any term of or any right arising shall not adversely affect the validity or enforceability of the remaining terms and rights.
6.4 Sundial may assign any of its rights, obligations or licences, to any current (or future) company of the Sundial Group without the prior consent of the other party. The assigning party shall promptly give written notice to the other party of any assignment to that group company.
6.5 These terms and conditions will be governed and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction in relation to any matters relating to the Works, whether contractual or non-contractual.