Published on 28 June 2023
- The following Content License Terms (hereafter: “CLTs”) govern the initiative available at: https://magazine.publicpressure.io/social-media-submissions/ (the “Initiative”).
- The Initiative is managed by Public Pressure Limited, a private company limited by shares duly existing and organised under the laws of Ireland, with registered office in 3rd Floor, Ulysses House, Foley Street, Dublin 1, Ireland, D01 W2T2 registered at the Registrar of Companies of Dublin with Number 701750 (“Public Pressure” or “We” or “Us”).
- The CLTs represent special clauses with respect to the General Terms and Conditions (the “GTCs”), available on the website www.publicpressure.io, specifically meant for the Initiative.
- Please read this Agreement carefully before accessing or participating in the Initiative. By submitting your application for the Initiative, You agree to become bound by the Agreement. If You do not agree to all the terms and conditions of this Agreement, then Your application will not be considered for the purpose of the Initiative. The Initiative is available only to companies and to individuals who are at least 18 years old and in any case individuals that have reached the age of majority in its place of residence. If You are a minor, your parent or legal guardian may enter into the Agreement on your behalf as agent or attorney.
- THE INITIATIVE AND THE AGREEMENT
- The Initiative includes all of the following:
- the user sends an application using the form on the web page: https://magazine.publicpressure.io/social-media-submissions/;
- the User attaches Content to the aforementioned form that meets the requirements described on the aforementioned webpage;
- We require the User to accept the CLTs online in order to enter into the Agreement;
- We will send the applicant a verification code to the mobile phone number so that said User can complete the submission and the enter into the Agreement;
- after the completion of the above described phases, upon receipt of your application, We will evaluate it and the Content submitted;
- the evaluation will be conducted at our sole discretion;
- if the User passes the evaluation, the next Clauses will apply. If the application is unsuccessful, We will not use the Content submitted, will not exploit any Intellectual Property Rights as defined below, and will delete your Personal Data.
- In any case, by completing the application according to the procedure explained above, You enter into the Agreement with Us, and the application of the following clauses is conditional upon You passing the selection process conducted by Us.
- The Initiative includes all of the following:
- By entering into the Agreement, and conditioned to passing the evaluation explained in the previous Clause, You:
- Grant Us a “License” that is global, perpetual, exclusive, irrevocable, royalty-free, fully paid, transferable, and sublicensable, across all media types – whether digital or physical, Web 2 or Web 3, or yet to be invented. This License incorporates all Intellectual Property Rights, including, but not limited to, the rights to host, use, reproduce, distribute, modify, maintain, transform, translate, publicly display, and communicate your Content and/or Works, and to create derivative works. In addition, the License extends with the same characteristics to all other rights and interests associated with the Content and Works, regardless of the format of submission. This coverage includes, but is not limited to, industrial property rights or image rights, which endows Us with the exclusive right to exploit the Content(s) and Work(s) for commercial purposes in any circumstance or medium, whether it be digital or physical.
- You represent and warrant that each of the Intellectual Property Rights or other rights over the Content and
- are and will be Your original Content and Works;
- are valid and enforceable and nothing has been done or omitted which affects or may in the future affect the validity
- and enforceability of the Intellectual Property Rights, neighbouring rights or other rights over the Content and Works; are legally and exclusively owned by You, free from any licence granted to any third party, encumbrance, restriction on use or disclosure obligation;
- are not the subject of any claim or opposition by any person (including, without limitation, Your employee or subcontractor) as to title, validity, enforceability, entitlement or otherwise;
- such Contents and Works do not and will not infringe or misappropriate any third party intellectual property rights or neighbouring rights;
- do not infringe, misuse, misappropriate or embody the subject-matter of any rights of another person or company;
- You declare to have all rights required for it to grant the rights granted to Public Pressure herein;
- In the event of any claim that the Contents infringe rights of third parties, You will: provide Public Pressure and any of its assignees or successors, as soon as possible and with no unreasonable delay, with all information and documentation necessary to challenge the claim; and cooperate in good faith in any legal proceedings, if need be;
- You undertakes to keep Public Pressure and/or any of its assignees or successors fully harmless and indemnified from and against any and all claims, losses, expenses, costs (including legal costs and attorney’s fees and court costs), to the extent that such claim, action or demand arises from any Content and/or Works which (i) infringes a copyright held by that third party; (ii) infringes that third party’s patent, personal data or image rights in any country in which the Content are being disposed of under any legal title whatsoever and/or transformed and/or communicated and/or used in any way or (iii) constitutes misappropriation or unlawful disclosure or use of that third-party’s trade secrets, image rights, privacy rights, or any other Intellectual Property Rights or neighbouring rights or (iv) arising in connection with a breach of these representations and warranties in any way;
- Thus, You hereby expressly and irrevocably release, acquit, and forever discharge Public Pressure and its subsidiaries, affiliates, officers, directors, shareholders, members, employees, agents, legal consultants, representatives and successors of any direct or indirect liability related to, included but not limited, copyright, neighbouring rights, image rights, patents, privacy or trademark infringement with regards the use of the Content and/or Work by Public Pressure in accordance with the Agreement and/or the Terms and Conditions of the Platform (GTCs);
- You represent and warrant that any third party or person who is featured in the Content has agreed to such “CLTs.
- You represent and warrant that In the event that the minor fails to observe or carry out any of the obligations on the CLTs, the Parent/s OR Guardian shall promptly observe and perform the obligations on behalf of the minor where possible. The Parent/s OR Guardian shall indemnify Public Pressure against any loss or damage caused as a result of the minor’s breach of its covenants or any part of the CLTs.
- Should any User believe that any of their Intellectual Property Rights have been infringed upon, they may contact Public Pressure. Their request will be handled in accordance with the clause in the GTCs titled “Notices for Claims and Copyright Infringement.
- It is strictly prohibited to upload any Content or Works that includes images of minors, as defined by your country of residence.
- For the content to be valid, it must contain the copyright symbol, followed by your full name or if you prefer Your user social profile (for instance Your user name tag). If you are unable to include this, please inform Us so we can explore an alternative method to respect your moral rights.
- The unauthorized uploading of private or confidential information of another individual is not allowed. Express consent from the concerned individual must be obtained prior to uploading such information.
- You acknowledge and agree that Public Pressure will not undertake any assessment of the legality or conduct a legal analysis of Your Content or Works. You affirm that solely You bear the responsibility for guaranteeing the legality of the Content and for supplying a valid license in accordance with this clause.
- Conditioned to pass the evaluation explained in Clause 1, as a consideration for the License, Public Pressure will pay You a fee, depending on the type of Contect, in accordance with our fee scheme.
- Public Pressure reserves the right to ask You for any other personal information what is reasonably necessary to perform the Agreement, comply with the law, and/or respect any third party’s Intellectual Property Rights.
- The Agreement is governed by English Law. Any dispute concerning the interpretation, execution, termination or validity of the Agreement will be submitted to the exclusive jurisdiction of the English Courts.
|has the meaning set forth in Clause 4 of the Preamble to the CLTs;
|has the meaning set forth in Clause 4 of the Preamble to this legal terms and conditions;
|means, by way of example only, any finite stream of data or information (file or software package), containing textual, photographic, video, audio, scripts, graphics, programming code, writings (including the way in which the same are presented and formatted), and features submitted by the User for the Purpose of the Initiative;
|Intellectual Property Rights
|means patents, utility models, designs, copyrights and neighbouring rights, music master’s rights, trademarks or service marks, rights in the topography of semiconductor products, database rights, rights contained in confidential information, including know-how and trade and industrial secrets, moral rights or other similar rights in any country and, whether or not they are registered, any application for registration of any of the foregoing rights and all rights relating to the filing of applications for registration of any of the foregoing rights which are owned by, Licenced to or otherwise lawfully used by Public Pressure;
|for the sole purpose of the Initiative and CLTs, it has the meaning provided for under Clause 2 of the CLTs;
|means any information concerning an identified or identifiable natural person (“data subject”); an identifiable person is any natural person who can be identified, directly or indirectly, with particular reference to an identifier such as a name, an identification number, location data, an online identifier or one or more characteristic elements of his/her physical, physiological, genetic, mental, economic, cultural or social identity information that We process for the purpose of the Initiative;
|means the opening part of the CLTs;
|Public Pressure or We or Us
|has the meaning set forth in Clause 2 of the Preamble;
|User or You or Your
|means and refers to the user that participates in the Initiative and enters into the Agreement.