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1. SUMMARY: Read the Agreement before you submit any Video Footage or descriptive materials to us. The Agreement describes the rights each of us will have, and will be legally binding and enforceable once we accept any Video Footage or other materials you submit using our online form .
2. SUMMARY: In exchange for purchasing all rights (including the copyright) to your Video Footage, we will compensate you in the amount set forth on our website, or upon any other terms we both agree to in writing. You will receive compensation once we confirm those materials meet our guidelines, usually within 10 days of submission but sometimes longer. If the materials do not comply with our guidelines, we have the right to cancel this Agreement.
3. SUMMARY: We will own all rights (including copyright) to the Video Footage and any descriptive materials you submit. We can edit, alter, modify, use and publish those materials for any purpose as we see fit -- including commercially – and also allow others to use those materials. You cannot cancel or terminate our ownership rights after entering into the Agreement. You will also give up all rights as creator of the work, including the right to be identified as the author of the Video Footage. We have the right to use your name, voice and likeness in connection with the Video Footage. If any other persons appear in the Video Footage, you confirm that you have obtained their written consent so we (and others) can use their name, voice and likeness, including for commercial purposes.
4. SUMMARY: You can use the Video Footage after entering the Agreement, but only for your personal and non-commercial use, and not in any manner that potentially damages our reputation. You may not allow others to use the Video Footage. If you violate these conditions, we can revoke permission and prevent you from using the Video Footage going forward.
5. SUMMARY: You promise that you created and own all rights in the Video Footage yourself, that it has not been copied from somewhere else, and that no one else has permission to use it, except for us. You also promise that the Video Footage (i) does not violate the rights of third parties, (ii) does not contain false or misleading statements, (iii) does not violate the law, and (iv) does not promote hatred against others. If any of these promises are untrue, or if you breach the Agreement, you agree to compensate us for any damages or legal fees we may incur.
6. SUMMARY: We each agree to comply with all relevant data protection laws.
7. SUMMARY: You agree to promptly sign, at no cost, any additional documents we may need to advance the terms of this Agreement, such as legal documents transferring rights in the Video Footage to us or a third party. This Agreement is between you and us only, and is enforceable even if we delay in enforcing it. If a court rules that one section of the Agreement is unlawful or invalid, the other sections will still remain valid. You agree that you are an independent contractor, and not one of our employees or partners. If we breach this Agreement, you agree that you are only entitled to receive the total amount we paid for the Video Footage as damages. You agree to arbitrate any dispute concerning this Agreement in Los Angeles, California. Any changes to the Agreement must be in writing and signed by each of us.
a) This agreement creates certain legal obligations, along with important information about us and your video footage – for example who we are, how we can use your video footage, the fact that you will not have any legal “cooling off” rights and information about which aspects of this agreement you can and cannot terminate.
b) If you do not want to transfer ownership rights in the Video Footage and related Incident Information to us, please do not enter in to this agreement. if you do, you will be selling ownership of the Video Footage and Incident Information to us on the basis set out below.
c) By entering in to this agreement you will be entering in to a legally binding contract on the terms set out below.
d) We intend to rely on these terms. If you have any questions about these terms, please consult with independent legal counsel before entering into this agreement.
e) If you have specific questions about this agreement, you can also contact us using the contact details provided below.
A) By entering into this Agreement, You agree to transfer and assign to us legal and beneficial ownership of your video footage (as set out below) (the “Video Footage”) along with any description about the Video Footage you submit to us using our online form (“Incident Information”). In return, you will retain the limited right to continue using the Video Footage and Incident Information for your personal use.
B) IMPORTANT: This means that ownership of the Video Footage and Incident Information will belong to us, and that we will allow you to continue to use your video on a limited basis in accordance with clause 4 of this agreement.
1. Important information
1.1 Why you should read this agreement in full. Please read these terms carefully before you enter into this agreement. This agreement tells you who we are, what happens to ownership of your Video Footage and Incident Information, how we may use your Video Footage and Incident Information, how you may use your Video Footage and Incident Information after you have transferred ownership to us and other important information. If you think that there is a mistake in this agreement, please contact us to discuss before you enter in to it.
1.2 Who we are.
1.2.1 We are ___________ (“we” / “us” / “our”).
1.2.2 Our registered office is ___________
1.2.3 You can contact us as follows:
220.127.116.11 Phone: _____________
18.104.22.168 Email: firstname.lastname@example.org
22.214.171.124 Web: www.nextbase.com
1.3 In this agreement, if we use the words including, include, in particular, for example or similar phrases, we are giving examples and those words shall not limit the terms, description, definition or phrases that follows those words.
1.4 How the contract is formed. If you agree to transfer ownership in your Video Footage and Incident Information to us under this agreement, please submit the required information using our online form. This agreement, once entered into by you, forms a legally binding agreement between you and us.
2.1 What you will receive in return for transferring ownership in the Video Footage and Incident Information to us. In consideration for your transfer of ownership of the Video Footage and Incident Information, we agree to provide you with the consideration (for example a Nextbase discount code) identified on our website when you enter into these terms, or alternately, any other exchange we agree to in writing before you submit the relevant Video Footage and Incident Information (the “Consideration”).
2.2 When we will provide the Consideration.
2.2.1 We shall provide you with the Consideration approximately 5 to 10 days after validating that the Video Footage and Incident Information (i) complies with the guidelines published on our website, or (ii) where relevant, at a time that is mutually agreed in writing between the parties prior to your submitting the Video Footage and Incident Information. The validation process will occur after you have you entered into these terms and delivered the Video Footage and Incident Information to us via the on-line form accessible on our website.
2.2.2 It may take us up to 10 days from receipt to validate the Video Footage and Incident Information, so it may take up to 20 days for you to receive your Consideration.
2.2.3 If there is a problem with the Video Footage or Incident Information you submitted (for example because it does not comply with the guidelines set forth in clause 2.2.1), we will contact you promptly after our validation efforts. In such circumstances, we shall have the right to cancel this agreement. You shall be contacted in the event we exercise our right to cancel this agreement.
2.2.4 We will not be obliged to provide you with the Consideration unless and until the Video Footage and Incident Information is validated pursuant to the requirements set forth in clause 2.2.1 above.
3. Transfer of Ownership
3.1 You agree to transfer ownership in the Video Footage and Incident Information to us. When you enter in to this contract you hereby assign, transfer, set over and convey to us:
3.1.1 One-hundred percent (100%) of your interest in and to the Video Footage and Incident Information which you own, or may become entitled to own, anywhere in the world and universe, including without limitation, the copyrights and proprietary rights therein and any renewals and extensions thereof (whether presently available or subsequently available as a result of intervening legislation) in the United States of America and elsewhere throughout the world;
3.1.2 all other legal and beneficial ownership, rights and interests whatsoever in the Video Footage and Incident Information; and
3.1.3 the right to bring, make, oppose, defend, appeal, and obtain relief (and to retain any damages recovered) in connection with any and all causes action for infringement, or any other cause of action, arising from ownership of the Video Footage and Incident Information, whether occurring in the past, present and/or future.
3.2 Our rights regarding the Video Footage and Incident Information.
You understand and agree that as a result of transferring ownership in the Video Footage and Incident Information to us, we will have the unlimited right to use, edit, copy, alter, add to, take from and adapt the Video Footage and Incident Information for any purpose as we see fit.
3.2.1 This means that we can use the Video Footage and Incident Information for any purpose we decide - for example we could use the Video Footage and Incident Information:
126.96.36.199 for business purposes, including commercial exploitation, training and technical support;
188.8.131.52 for our own marketing purposes, including editing, copying and distributing the Video Footage and/or Incident Information to third parties, and to publish the Video Footage and/or Incident Information in the media including print publications, promotional materials and advertising, on the internet and on social media platforms, including, Facebook, YouTube, Twitter and Instagram; and
184.108.40.206 by granting licences to use the Video Footage and/or Incident Information to third parties.
3.3 No rights of termination nor any cooling off periods apply to clause 3.1 and the transfer of ownership of the Video Footage and Incident Information. This means that you cannot cancel or terminate the transfer of ownership once you have entered in to these terms. Please therefore think carefully before agreeing to this contract.
3.4 You agree to waive your moral rights (“Droite Moral”) to the Video Footage and Incident Information. You waive all rights that you have now or in the future to be identified as the creator of the Video Footage and Incident Information, and to be associated with it and have it attributed to you. You also agree that you can’t object to any editing of the Video Footage and Incident Information or how it is used.
3.5 You agree that we shall have the right to use your name, voice, likeness and/or appearance for use in connection with the Video Footage and any video, film, clip, program or other audio, audio-visual or digital materials in which the Video Footage may be incorporated, including promotional and advertising materials. We may also edit your appearance as we see fit.
3.6 You confirm that you have the necessary waivers to enter this agreement. If any person other than you is featured or appears in the Video Footage or Incident Information, you confirm that you have obtained written consent from them to use their name, voice, likeness and/or appearance. Important: if you have not obtained their written consents, please do not enter in to this contract with us.
3.7 We may transfer our rights and obligations under this contract to another organisation or person. We will tell you by email if this happens, and will ensure that any transfer will not affect your rights under this agreement.
4.1 We will grant you a limited licence to use the Video Footage and Incident Information for your personal, non-commercial purposes.
4.1.1 Immediately after ownership of the Video Footage and Incident Information is transferred to us, we will grant you the limited right to use the Video Footage and Incident Information for personal, non-commercial related purposes.
4.1.2 The above right is for personal purposes only, so you must not use the Video Footage or Incident Information for any commercial or business purposes – for example licensing or making it available it to others for any form of gain or payment.
4.1.3 You agree not to post or otherwise publish the Video Footage or Incident Information in any manner that may harm our reputation, including the use of derogatory or damaging comments or captions.
4.2 Some important terms in relation to the licence we grant to you to continue to use the Video Footage and Incident Information:
4.2.1 The licence will not be exclusive to you. This means that we can continue to use the Video Footage and Incident Information ourselves and licence it to any other organisation or person.
4.2.2 The licence will be “worldwide” meaning that you can use the Video Footage and Incident Information anywhere in the world.
4.2.3 The licence will be “royalty free”, which means you don’t have to pay us any sums to use the Video Footage and Incident Information.
4.2.4 You may not sub-licence any of your rights under this licence to another organisation or person. This means that you cannot grant third parties the right to use the Video Footage and Incident Information.
4.2.5 The licence will be “perpetual” which means the licence will last forever unless we terminate the licence because you breach these terms, or you terminate the licence in accordance with clause 220.127.116.11.
4.2.6 We may end the licence if you break these terms.
18.104.22.168 We may end the licence granted to you in clause 4.1 if you break the terms of the licence (for instance, by using the Video Footage and Incidental Information for any business or commercial purpose per clause 4.1.2) in any serious way.
22.214.171.124 If your licence to use the Video Footage and Incident Information ends, you will not be able to use the Video Footage and Incident Information and we will still own it.
4.2.7 No legal right to change your mind.
126.96.36.199 By entering in to this agreement you consent to immediate performance of the clause 4.1 licence and acknowledge that you cannot withdraw from that licence once it has begun.
188.8.131.52 This means you will not have a legal right to change your mind about the clause 4.1 licence - sometimes referred to as a “cooling off” right.
184.108.40.206 Important: You do not have a legal right to withdraw from or cancel the clause 3.1 transfer of ownership in respect of the Video Footage and Incident Information.
4.2.8 Your rights to end the clause 4.1 licence.
220.127.116.11 You can terminate the licence granted to you in clause 4.1 at any time. If you would like to end that licence, please let us know using the contact details in clause 1.2.
(a) If you end the licence, you will no longer have any rights to use the Video Footage and Incident Information and you must promptly delete all copies of them.
(b) Ending the license granted to you in clause 4.1 will not affect the transfer of ownership of the Video Footage and Incident Information to us (as described in clause 3.1), which will remain valid. Please therefore think carefully before ending the clause 4.1 licence.
5. Your Contractual Promises
5.1 You promise that the below statements are correct. If any of them are not correct, DO NOT enter in to this agreement as you may be in breach of contract by doing so. By entering in to this agreement, you confirm to us that:
5.1.1 You are the sole and legal and beneficial owner of, and own all rights and interest in the Video Footage and Incident Information – in other words, you own all of the Video Footage and Incident Information;
5.1.2 You have not licenced or transferred any legal rights relating to the Video Footage or Incident Information to any other person; and
5.1.3 The Video Footage and Incident Information belongs to you and has not been copied from any other source.
5.1.4 The Video Footage does not contain content that(I) is libellous, defamatory, obscene, pornographic, abusive, or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or foreign law or regulation; (iii) denigrates a class of people because of their race, religion, country of origin, sexual orientation or gender; (iv) depicts violent or criminal acts, perpetrators or victims of violence or crime, or seeks to incite violence or crime; (v) relates or pertains to any "hate group," i.e. , groups that are organized to promote the oppression of any class of people; or (vi) creates a false identity for the purpose of misleading others.
5.1.5 You agree to indemnify and hold us and our officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, due to or arising out of your breach of this agreement or your representations and warranties herein, or due to any content included in the Video Footage and Incident Information or any infringement of a third party’s intellectual property, privacy or other rights.
6. Data Protection
6.1 We both agree to comply with data protection laws. Both parties (i.e., you and us), shall, at their own expense, comply with, and assist each other to comply with, the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data. This includes any data protection legislation from time to time in force in the United States, the European Union (EU) and/or the United Kingdom, including the Data Protection Act 2018, and the General Data Protection Regulation ((EU) 2016/679) (“GDPR”). This clause is in addition to, and does not reduce, remove or replace, either our or your obligations arising from such requirements.
7. Other Important Terms
7.1 You agree to assist us to give full effect to this agreement. If we need your help to ensure this agreement is effective and works in accordance with its terms, you agree to promptly give us that help at no cost. For example, we might ask you to sign a document to transfer this contract to someone else as described above. We agree that we won’t ask you to do anything unreasonable.
7.2 Nobody else has any rights under this agreement. This agreement is between you and us. No other person has any rights to enforce its terms, unless we transfer our rights and obligations under this agreement to a third party as described in clause 3.6.
7.3 If a court finds part of this contract illegal, the rest will continue in force. In other words, each of the clauses in this agreement operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we don’t insist immediately that you do something required under this contract, or if we delay in taking any steps against you if you break this contract, that does not mean that you do not have to do those things or that you can prevent us taking steps against you at a later date.
7.4 Independent Contractor Status. You are entering into this contract as an independent contractor, and no agency, partnership, joint venture, employer-employee or other relationship is intended or created by this Agreement.
7.5 Aggregate Liability. In the event of any alleged breach of this agreement by us, you agree that our total aggregate liability for any claim or cause of action will not exceed the total Consideration you received from us for the Video Footage and Incident Information.
7.6 Arbitration of Disputes. Each of us agrees to submit any dispute relating to this contract to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association with the arbitration to take place in Los Angeles unless we both agree on a separate location. Each of us further agrees they may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative or private attorney general action or proceeding. We each agree not to disclose the existence, content, or results of any arbitration without the written consent of both parties. Judgment on any arbitration award may be entered in any court having jurisdiction. If this agreement to arbitrate is found not to apply to a particular claim or dispute, we both agree to the personal jurisdiction and venue of the state and federal courts located in Los Angeles, California for that claim or dispute.
7.7 Which laws apply to this contract and where you and we may bring legal proceedings. The terms of this agreement are governed by United States law.
7.8 Entire Agreement. This agreement comprises the entire agreement between you and us and supersedes all other agreements, written or oral, between us regarding the subject matter contained herein. This agreement cannot be modified unless it is in writing and signed by you and one of our authorized representatives