Thank you for your decision to submit content (Content) to via the Happiness is Dog Shaped website (our Website), which is owned and operated by Doxies Down Under Pty Ltd A.C.N.618 805 340 (we, us, our, or Doxies Down Under).
Your decision to submit Content via the Website is conditional upon your acceptance and compliance with the terms and conditions contained in this document (collectively known as these Terms). By providing us with Content, you agree to, and accept, these Terms.
These Terms govern all Content that you provide Doxies Down Under with for the purpose of being included in the Happiness is Dog Shaped book (our Book).
We reserve the right to amend these Terms at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review these Terms. You agree to be bound by such changes, modifications or revisions as made by us from time to time.
In these Terms, the term Contributor means any person, who may submit content with Doxies Down Under via our Website.
- The Contributor agrees that all submissions made via our Website will be of a quality and standard that is acceptable to Doxies Down Under and will be consistent with the style and tone expected by Doxies Down Under.
- Doxies Down Under may edit any Content uploaded via our Website by the Contributor, to suit print production and to ensure that an acceptable level of quality is maintained.
- You agree that you will not upload any Content that:
- contains third party copyrighted material, or material that is subject to other third party proprietary rights, unless you are the owner of that material or have permission from the rightful owner of the material or you are otherwise legally entitled to upload the Content and to grant us all of the licence rights granted herein;
- contains falsehoods of misrepresentations; or
- is unlawful, threatening, harassing, hateful, facilitates or encourages conduct that could be considered a criminal offence, gives rise to a civil liability, violates any law, or is otherwise inappropriate in our view.
2. RIGHTS TO CONTENT
- By uploading Content via our Website, you grant Doxies Down Under with an unrestricted, worldwide, unrestricted and perpetual licence to reproduce and publish the Content. To avoid any doubt, you will remain the legal owner of all intellectual property in the Content.
- The licence granted to Doxies Down Under, under clause 3.1 above, provides Doxies Down Under with the right to sub-licence the Content to any third party, so long as such use is in connection with the Book only.
- The Contributor agrees that Doxies Down Under has the right to use, reproduce, republish or repurpose a Content in any form of media, either currently known, or subsequently created throughout the world, and in perpetuity. To avoid any doubt, media forms may include, but will not be limited to, any social media platform, website or blog associated with Doxies Down Under and/or any of its related entities.
- The Contributor agrees to waive their right to be attributed as owner of any Content submitted via our Website.
- Any decision made by Doxies Down Under to not attribute the Contributor, as owner of any Content, will not constitute a fundamental breach of these Terms and Doxies Down Under will be in no way liable for the default of any third party, not under the control Doxies Down Under, who fails to adhere to clause 2.4 above.
- Without limiting the effect of any other terms or conditions contained in these Terms, the Contributor agrees that Doxies Down Under and any persons authorised by Doxies Down Under, may modify and publish any Content, without acknowledgement that the Content has been modified. Doxies Down Under recognises that this right to modify Content will be exercised fairly and the prejudicial effect of any modification to the Contributor’s reputation will be taken into account when publishing modified Content.
- Once Content has been provided to Doxies Down Under, the Contributor is not permitted to withdraw it, without Doxies Down Under’s prior written consent.
- The Contributor agrees not to seek injunctive relief against Doxies Down Under or restrain Doxies Down Under from publishing and distributing any Content produced under these Terms. Further, the Contributor agrees that this clause (clause 3.8) is fundamental to these Terms.
- The Contributor may only publish Content, or any part of Content, submitted via our Website, at a time that is 30 days after publication of our Book.
- If the Contributor wishes to publish the Content, or any part of the Content, as permitted under clause 2.9 above, then they may do so on the condition that they publish the Content with express reference to the Happiness is Dog Shaped For example, by accompanying the Content with a statement such as As featured in the Happiness is Dog Shaped book.
3. COVER DOG SUBMISSIONS
- Doxies Down Under will, in its sole discretion, decide which Cover Dog submission will be used in relation to the cover of our Book. We will not enter in to any negotiations or discussions in relation to our decision and our decision will be final.
4. WARRANTIES AND INDEMNITIES
- In submitting the Content via our Website, the Contributor warrants that:
- they will validate the accuracy of any factual information included in the Content;
- they will not engage in any conduct, which damages or is likely to prejudice Doxies Down Under’s business or reputation;
- they will not defame any person, infringe the copyright or other intellectual property rights of any person; and
- the Content is not unlawful, threatening, harassing, hateful, facilitates or encourages conduct that could be considered a criminal offence, gives rise to a civil liability, violates any law, or is otherwise inappropriate in the view of Doxies Down Under.
- The Contributor represents and warrants that:
- all Content supplied to Doxies Down Under under these Terms will be the original work of the Contributor, unless otherwise agreed;
- no part of any Content will have been published previously; and
- the Contributor has the right and power to grant the rights set out in these Terms, free of any third party interests.
- In accepting these Terms, the Contributor agrees to indemnify Doxies Down Under and keep us fully indemnified against all proceedings, claims, actions, damages, costs, losses or harm suffered by Doxies Down Under, as a consequence of any breach or non-performance by you of any of the representations or warranties contained in these Terms.
5. DOXIES DOWN UNDER MAY REJECT CONTENT
- Without limiting or excluding any other rights possessed by Doxies Down Under, Doxies Down Under may immediately reject any Content if it determines that the Content:
- is incomplete; or
- is of sub-standard or poor quality; or
- does not comply with the terms and conditions contained in these Terms.
- Doxies Down Under does not guarantee that Content uploaded by a Contributor via our Website will be published, in part, or in whole. In the event that Doxies Down Under rejects Content, then Doxies Down Under will refund to the Contributor, in full, any payment that has been made by the Contributor with respect to the rejected Content.
- We reserve the right to immediately terminate these Terms if you are in breach of them in any way. Such termination may occur at our sole discretion and without notice to you. If we do decide to terminate these Terms, you agree to hold Doxies Down Under harmless.
- The Contributor acknowledges that nothing in these Terms constitutes a relationship of employer and employee, principle and agent or partnership.
- This Agreement constitutes the entire agreement between the two parties and replaces all prior understandings, agreements and warranties between the parties concerning the subject matter of these Terms.
- Any variation of these Terms must be agreed to in writing and signed by both parties to be effective.
- The laws of Victoria, Australia will govern these Terms.
Please email us if you have any questions relating to these Terms.
These Terms were last updated on 2 May 2017.