Lord of the posts
Join Date: Feb 2002
A question for Leo on Terms and Conditions.
Hi Leo can clear this up for me which one is correct?? I need to know as I have an interested third party that want's to use my pix on a CD cover. Many Thanks
On this page it mentions "exclusive rights"
Yet on this page it says "non-exclusive rights" which is correct?? Sorry I'm bit confused here.
By submitting any entries to the Alienware Challenge, artists are giving full, exclusive rights for Alienware and CGNetworks to use the material for marketing purposes in the context of the Alienware Challenge. Artists retain ownership of the material and are allowed to use it for personal promotional purposes only. i.e. Alienware and CGNetworks may use your entry with credits to the artist, but you still own the material and can use it in your portfolio. You cannot sell the rights to anyone else commercially.
Terms and Conditions
By entering images to us you are acknowledging that you have read, understood and accept the following terms and conditions.
I, The Entrant, here after referred to as 'Artist', am submitting the image to CGNetworks, a division of Ballistic Media Pty Ltd of Aldgate Valley Rd, Mylor, SA 5153, Australia, here after referred to as 'Publisher', for use on the CGNetworks website at www.cgnetworks.com. I have read and understood all of the following and I understand that by submitting the image and associated information that I agree to all of the following terms and conditions.
RIGHTS ASSIGNMENT AND WARRANTY
By entering images the artist warrants that they are the copyright holder, or they have obtained the rights sufficient for this purpose, and the artist assigns non-exclusive rights to the publisher for reproduction of submitted images on the CGNetworks website and in sales, marketing and merchandising material associated with CGNetworks at the publisher’s discretion. The artist warrants that all information supplied is current and true. Furthermore, the artist indemnifies the Publisher against any claims or indirect, special, incidental, or consequential damages from any party that may arise from publication of images submitted or associated information submitted with images.
LIMITATION OF RIGHTS
Other than the assignment of the necessary rights to publish selected images and information on the CGNetworks website and associated sales, marketing and merchandising materials, the Publisher does not acquire, nor assume responsibility for, any other rights.
The Publisher will not return any material submitted. At the written request of the submitting artist the Publisher will destroy copies of submitted material and any backups or reproductions the Publisher may be aware of. All material submitted, both published and unpublished, shall be held by the Publisher for the purpose of reprints and other sales and marketing purposes relating to CGNetworks for as long as the Publisher deems necessary.
There is no agreement or contract between the artist and the Publisher. The artist assumes all responsibility and costs for delivering images and other required information to the Publisher for consideration and potential publication on CGNetworks.com. The Publisher does not require any payment for entry of images nor does the Publisher offer any form of payment, actual or implied, to the successful entrants for publication of their images.
PUBLISHERS SOLE DISCRETION
Selection of images for publication on CGNetworks.com is at the sole discretion of the Publisher. The Publisher may or may not seek input from individuals. The Publisher also reserves sole discretion in the selection of the portion of images and in manipulations deemed beneficial to reproduction of supplied images.
LIMITATION OF LIABILITY
The publisher will take reasonable measures to ensure the security of images and information supplied to them. In no event shall the Publisher be liable to any party, indirect, special, incidental, or consequential damages arising out of the loss of images and data supplied, even if the Publisher has been advised of the possibility of such loss and damages.
This list of terms and conditions constitutes the complete and exclusive statement of the terms and conditions and supersedes any prior terms and conditions, oral or written, and any other communications relating to these terms and conditions.
Last edited by rickycox : 01 January 2004 at 01:46 PM.