If you wish to contribute written or artistic materials (Works) to Julie Jame Design (JJD) for publication in ‘The Great and small Gazette’ (GASG) and/or publication on the website www.juliejame.com (Website) you can only do so after reading and agreeing to these publishing terms.
GASG means ‘The Great and small Gazette’ quarterly publication put together and distributed in hard copy and electronic form by JJD.
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to copyright, trade marks, designs, patents, circuit layouts, and all other intellectual property rights, whether registered or not, whether registrable or not and wherever those rights may exist in the world.
JJD means Julie Jame Design and any of its employees, directors, agents, subcontractors, licensees or assignees.
Terms means the terms and conditions of use of the Website.
Works means any written or artistic material including works or information of whatever nature including text, drawings, illustrations, images, photographs, audio, video and any combination of these or other material, whether in documentary, visual, oral, machine-readable, electronic or other form together with all copies or reproductions in any form.
• if you are submitting materials as an individual, you in your personal capacity; or
• if you are submitting materials on behalf of a company or organisation, that entity.
1. If you are an individual, you are over the age of 18 years of age at the time of entering into this agreement or if you are a company or organisation, you are a valid legal entity capable of entering into this agreement. You are submitting Works to JJD for use and possible publication in the GASG and/or on the Website. In consideration for the submission of the Works, you agree to be bound by these terms.
2. You warrant to JJD and JJD acknowledges that:
(a) you are the exclusive owner of any Intellectual Property Rights in the Works and have the exclusive right to reproduce, publish, communicate to the public or adapt the Works contributed to and/or published in the GASG; or
(b) you are not the owner of all or some of the Intellectual Property Rights in the Works but you have obtained the irrevocable permission of the Intellectual Property Rights owner to contribute and publish the Works in the GASG and to grant the licence referred to in clauses 3 and 4 to JJD.
3. You hereby grant to JJD a non-exclusive, irrevocable, royalty-free, perpetual, fully paid up and fully assignable licence or sublicense to use, reproduce, adapt, modify, translate, publish, distribute and display any of the Works through the world in the GASG or via any other means, including the Website, either by or on behalf of JJD or any of its licensees or assignees from time to time.
4. You agree that you are entitled to grant and will not prejudice those rights granted to JJD under the licence referred to in clause 3.
5. You warrant that you have not granted nor will you purport to grant any other rights to any other party which may be inconsistent with the grant of rights contemplated by this agreement.
6. If JJD is sued or any claims concerning the Works are made against JJD by another entity alleging that JJD has infringed its Intellectual Property Rights, you will indemnify and hold indemnified JJD for any and all costs, damages or any account of profits incurred by JJD, including any of JJD’s costs associated with defending this allegation.
7. JJD must acknowledge you or the Intellectual Property Rights owner as the author or owner of the Works in the form reasonably requested by you or the Intellectual Property Rights owner.
8. If you ask JJD to stop reproducing the Works, JJD will do so as soon as reasonably practicable.
9. If you are an individual creator, you will have various moral rights in the Works which include:
(a) a right of attribution of authorship;
(b) a right not to have authorship falsely attributed; and
(c) a right of integrity of authorship.
10. If you are a company or organisation, you warrant that you have obtained valid and enforceable consents from each individual creator of the Works, and that the scope of those consents allows you to submit the Works to JJD. You indemnify JJD and hold JJD indemnified from any claim, demand or expense made by or on behalf of any author of the Works in relation to any actual or alleged infringement of that author's moral rights in the Works.
11. JJD will use all reasonable endeavours to ensure that the Works are not subjected to any treatment which is prejudicial to your moral rights in the Works.
12. JJD may, with the prior written consent of you, sub-license or assign the licence granted under clause 3 or the benefit of this agreement.
13. This agreement is properly entered into if you click on the ‘I agree’ button at the end of these terms.
14. This agreement is governed by the laws applicable in Victoria, Australia and each party submits to the non exclusive jurisdiction of the Courts of that state.
15. You agree that JJD may novate, assign or transfer this agreement, including any of JJD’s rights under this agreement, to any licensee or assignee of JJD at any time in JJD’s sole and absolute discretion.
I have read and agree to be bound by these terms.