Terms and conditions for submitting content to Kern Collective.
1.1 These terms apply when you submit content to Kern Collective. Content may include text, images, photographs, videos or any other material that you supply to us.
1.2 By submitting any content to us, you agree to these terms and these terms and the licence to use the content (set out in paragraph 1.3) will come into existence between you and us.
1.3 In accordance with paragraph 1.2, you grant to us a non-exclusive, worldwide, irrevocable, perpetual, transferable, sub-licensable, paid up and royalty-free licence for us to use, publish, reproduce, display or otherwise exploit the content that you submit to us in whole or in part for any purpose we may determine (including on our websites and any other site in which we have publishing rights; our mobile and tablet applications; our social media pages; in any of our advertising, marketing or promotional works; in publications; to allow third parties to publish the content where they do so in association with us).
1.4 You acknowledge and agree that we will not pay you a fee for any content that you submit to us. In exchange for you providing the content, the content may be featured on our websites and in publications or may be used, published, reproduced, displayed or otherwise exploited for any other purpose as explained in paragraph 1.3. You will be credited with the creation of your content as long as you are indeed the original creator of that content.
1.5 You acknowledge and agree that we have the right to:
a) edit, adapt and make changes to any content that you submit to us without your prior approval;
b) decide not to use, publish, reproduce, display the content that you submit to us;
c) remove any content at any time.
1.6 You legally promise that:
a) the content you submit does not infringe any rights of any third parties including copyright and trade marks and does not otherwise violate the law.
b) You are entitled to, and have full power and authority to, licence all existing and future intellectual property rights in the content;
c) you have informed us of any credits that need to be used in conjunction with the content;
d) the content is not abusive, obscene, illegal, defamatory, libellous, factually inaccurate, unlawfully threatening, unlawfully harassing, pornographic, racist, or liable to incite racial hatred or acts of terrorism; and
e) the content does not contain any viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.7 You agree to immediately notify us via email at email@example.com giving full details if a third party threatens to make, or makes, a claim that the content infringes its rights or makes any other claim relating to the rights granted by the licence in paragraph 1.3. You agree to provide us with all assistance that we may reasonably require with regards to any such claim that is made or threatened.
1.8 You agree to indemnify us against all liabilities, costs, claims, damages, losses and expenses arising as a result of a breach by you of any of the warranties in paragraph 1.6 (including but not limited to any claim or action against us that the content infringes any rights of any third parties) and as a result of you not notifying us in writing in accordance with paragraph 1.7.
1.9 You hereby irrevocably waive all moral rights under the Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions) which you have or will have in the content that you have submitted to us.
1.10 We amend these terms occasionally. Once the terms come into existence between you and us (in accordance with paragraph 1.2), every time you wish to submit content to us, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 30 April 2020.
1.11 You agree to promptly execute and deliver (or use all reasonable endeavours to procure that any necessary third party shall promptly execute and deliver) such documents and perform such acts as may reasonably be required for the purpose of giving full effect to these terms.
1.12 If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph will not affect the validity and enforceability of the rest of these terms.
1.13 These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales.
1.14 The courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).