Terms and Conditions for Contributors
These terms relate to submissions to the Hayes Media Group (the ‘Company’) and the Company’s associated brands. These Terms set out the Company’s agreement with external content contributors to this publication.
‘Material’ means any Material intended for publication, from content ideas as well as actual content itself, as well background Materials which have been used directly or indirectly for Material intended for publication.
By submitting Material for publication or by agreeing to prepare Material for publication for the Company’s websites and publications, you agree to be legally bound by these Terms which will take effect immediately. If you do not agree to be legally bound by all of the following terms please do not access or contribute to the Company’s website or offer your Material for publication.
VARIATION OF THESE TERMS
1. These Terms will not be varied, the only exception to that would be in the event that the Company’s Chief Creative Producer has expressly agreed in writing to a variation. If any external contributor is not happy with these Terms then they should not offer the Company any Material, nor accept remuneration. Any Material suggested to or supplied to the Company for publication is deemed to have been supplied in full knowledge and acceptance of these Terms.
2. The Company may change these Terms at any time by posting the changes online and it is your responsibility to check them every time you submit Material for publication. If any external Contributor is not happy with these Terms then they should not offer the Company any Material or accept any compensation from the Company. Any Material supplied to Company for publication is deemed to have been supplied in full knowledge and acceptance of the most recent updated Terms as displayed on the Company’s website.
It is very important for both parties that there is a clear understanding early on over who can exercise which rights in the Material. As is the case with other publishers, the Company needs to have certain rights to allow it to make further use of the Materials for the benefit of both parties.
In addition to the content of the Company’s publications appearing online on the Website, Material may also be supplied by the Company to the websites of other third party hosts, thereby ensuring that the quality writing the Company publishes is widely available to interested readers on a variety of websites.
Content is further supplied by the Company to a range of newspapers, magazines, websites, on mobile and tablet apps, and other media outlets rights are licensed to a range of third parties.
You will note that all the Company’s rights in the Material are non-exclusive: this means that you can also exploit the Material.
The Company will require exclusive online usage rights for your content in accordance with the Terms below. Such a variation to these Terms must be negotiated with your editorial contact at the Company in writing.
Unless otherwise agreed:
(a). You retain copyright.
(b) The Company has the following rights, which are worldwide, perpetual, irrevocable and sub-licensable, and, are exclusive for one year from the date of delivery of your Material and non-exclusive thereafter
(b)(i) the right to syndicate, distribute, license, republish or retransmit the Material in all digital media formats, whether on the web, mobile device, or tablet
(c)In addition the Company also has the following non-exclusive rights which apply to all your Material submitted to the Company and any Contribution made by you to the Website, whether that includes text, photographs, graphics, video or audio in any format:
(c)(i) the right to store your Material in any database or archive in any present or future media or format. You are free to store and allow access to your Material on databases for personal purposes provided nothing competes or conflicts with the rights you have granted the Company; and
(c)(ii) in respect of all of the above, the right to translate, amend, cut or alter your Material as the Company thinks appropriate.
(d) You agree that the Company can use an image of you in association with your Material for purposes of publicity, promotion and any other activity related to the exercise of its rights under these Terms.
At the expiration of one year, you may republish Material digitally by including a hyperlink to the original source.
(a) If your editorial contact from the Company has agreed to pay you a fee for your Material, such a fee will be a single all-inclusive fee for all the rights granted above.
(b) The Company operates a self billing system for the payment of external contributions. External contributors must supply their Paypal payment details to the commissioning editor or the person to whom they have arranged to supply their Material, on the first occasion of supply. Unless any other rate or fee is agreed at the time of commission/agreement, any payment will be made at the Company’s prevailing rates.
(c) Whether or not a monetary fee has been agreed, you agree that for your Material to be considered for publication is adequate consideration for the rights granted herein.
Your Material must comply with all editorial standards specified on this Company’s website. If you choose not to comply with direction from our editorial team, the Company reserves the right to cancel the agreement to publish your Material without compensation.
WARRANTIES, INDEMNITIES AND LIABILITY
You warrant that your Material:
(a) is your own original work and that neither it, nor any exploitation or use which the Company might make of it, will infringe any person’s rights, including but not limited to intellectual property, privacy, performance, data protection or any other right;
(b) is not defamatory of any person or entity; and
(c) is not likely to render you or the Company in contempt of court or in breach of any criminal law, including (but not limited to) improper obtaining, processing or disclosure of data, surveillance, harassment, trespass, bribery or any other law or regulation whether during the course of your journalistic activities or otherwise.
You hereby agree to indemnify the Company against all costs, claims, losses and liabilities incurred or suffered by the Company as a result of any breach of your warranties or obligations under these Terms.
To the extent permissible in law, the Company will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise) loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.
The invalidity or unenforceability of any provisions of this Terms of Agreement shall not affect the validity or enforceability of any other provision of this Terms of Agreement, which shall remain in full force and effect.