CONTRIBUTOR TERMS AND CONDITIONS

A. INTRODUCTION

These Contributor Terms & Conditions (the “Terms”) set out the relationship between IP Harbour Limited (the “Company”, “us” and “we”) and freelance contributors (a “Contributor”, “you” and “your”) in relation to www.ipharbour.com (the “Website”). These Terms incorporate the following additional terms:

A ‘Contribution’ means an electronic article (in any format including all embedded media) produced by a Contributor.

By submitting a Contribution for publication, by using or accessing the Website, you agree to be legally bound by these Terms which will take effect immediately. If you do not agree to be legally bound by these Terms, please do not access the Website and/or offer or supply a Contribution to the Company.

B. VARIATION OF THESE TERMS

  1. These Terms will not be varied unless expressly agreed in writing by a director of the Company.
  2. We may change these Terms at any time by posting the changes on the Website and it is your responsibility to check them every time you supply the Company a Contribution for publication. Any Contributions supplied to us for publication is deemed to have been supplied in full knowledge and acceptance of the most recent updated Terms as displayed on our Website. Your continued or renewed use of our Website after such changes are posted means you agree to be bound by these Terms as amended.

C. RIGHTS IN THE CONTRIBUTIONS

Intellectual Property Rights” and “IPR” means copyright and all vested and future rights of copyright and related rights, design rights, database rights, trade marks, goodwill attaching to the trade marks, domain names, rights in know-how, rights in confidential information and any other intellectual or industrial property rights, whether or not registered or capable of registration, whether now known or in the future subsisting in any part of the world.

  1. You retain copyright and ownership of your Contribution.
  2. For each Contribution you supply to the Company, you license the Contribution and all IPR therein on a royalty free, worldwide, perpetual, irrevocable and sub-licensable basis. This licence shall be exclusive to the Company for one (1) year.
  3. The Company has:
    1. the right to syndicate, distribute, license, republish or retransmit the Contribution in all present and future media and formats, including print, electronic, online, telephony, mobile and tablet apps and all others;
    2. rights which apply to all your Contributions submitted to the Company including text, photographs, graphics, video or audio in any format;
    3. the right to store your Contribution in any database or archive in any present or future media or format; and

in respect of all of the above, the right to translate, amend, cut or alter your Contribution as the Company thinks appropriate.

D. PUBLICATION OF YOUR CONTRIBUTION AND PROFILE

Contributor Profile” means a listing on the Website which may contain a Contributor biography and a Contributor photograph (the photograph subject to your express written agreement). The form of the Contributor Profile is at the sole discretion of the Company.

  1. The subject of each Contribution you supply to the Company shall be agreed by us in advance in writing.
  2. As a Contributor, you agree to supply the Company with at least one new Contribution every two weeks (the “Contribution Cycle”). The Company reserves the right to amend the Contribution Cycle at any time. You and the Company may agree to amend the Contribution Cycle in writing from time to time.
  3. The Company agrees to publish a link to the Contributor Profile:
    1. on the “Current Contributor” page of the Website where the Contributor is in compliance with the Contribution Cycle; or
    2. on the “Past Contributor” page of the Website where the Contributor fails to supply the Company a new Contribution for eight (8) consecutive weeks (unless agreed otherwise by the Company).
  4. If a Contributor fails to supply the Company with a new Contribution for six (6) or more months, the Company reserves the right to remove the Contributor Profile from the Website.
  5. For the avoidance of doubt, the Company reserves the right not to publish your Contribution or Contributor Profile on the Website.

E. WARRANTIES, INDEMNITIES AND LIABILITY

  1. You warrant that your Contribution:
    1. 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 IPR;
    2. is not defamatory of any person or entity;
    3. you have no conflict of interest with the Company or in relation to your Contribution;
    4. is in compliance with the Data Protection Act 1998 (and any other data protection laws that shall be enacted from time to time);
    5. is in compliance with all laws; and
    6. 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.
  2. 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.
  3. To the extent permissible by law, the Company will not be liable for any direct or indirect 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.
  4. The Company does not limit its liability for death, personal injury or fraud or any other liability for which it cannot limit its liability under law.

F. CONSIDERATION

  1. For the avoidance of doubt, you agree to supply the Contribution to the Company for no fee. Nothing in these Terms creates an Employer / Employee relationship.
  2. You agree that for your Contribution to be considered for publication is adequate consideration for the rights granted herein.

G: EDITORIAL STANDARDS

  1. The reputation of IP Harbour, in the UK and around the world, is based on the editorial independence, integrity and high journalistic standards of the Website. Anyone who supplies Contributions to the Website must ensure that their conduct and the Contributions they submit are ethical, legal, proper and in accordance with industry best practices.
  2. Should any complaint about your Contribution be made or intimated at any time before or after publication you should not respond in any way but promptly notify us. We must have sole and unfettered control over the handling of any complaint including the outcome or resolution. We will endeavour to discuss a complaint with you at relevant times. You agree to use your best endeavours to assist us in responding to a complaint, providing all possible cooperation promptly and fully whether or not specifically requested by us. This also applies to complaints you may receive about Contributions appearing in third party publications other than ours. This cooperation may, if we so request, include providing us with originals of your background research and information, including access to your sources for our use for legal or compliance purposes. You will not at any time dispose of any materials which could be relevant to a potential complaint without our prior approval. You agree to notify us at once should you discover anything in relation to your Contribution which could wholly pose a risk from a legal or regulatory point of view or potentially place you in breach of any of these Terms.
  3. You agree that you will not talk to any person about a complaint without our prior approval and will maintain confidence in the Contribution before publication and, as far as is appropriate, after publication.

H: CONFLICT OF INTEREST

  1. You must immediately inform us if you or your Contribution has a potential conflict of interest, whether actual or potential, as well as anything which could possibly be perceived as such. You should raise any issue, in writing by email to the Company.

I: MISCELLANEOUS

  1. These Terms and any non-contractual obligations connected with it shall be governed by and construed in accordance with English law and the Parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.

Last updated 12 June 2017