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Terms and conditions of use

Warning

1. By using the services of http://london.iwitness24.co.uk/ , you expressly acknowledge and accept, without any reservation, the present Terms and Conditions of Use (the “TCU”). If you do not accept to be bound by the TCU, do not use and access the sections of this Website and the services it provides.

2. IWITNESS24 reserves the right to partially or fully revise the TCU at its own discretion and at any time. Any such modifications take effect as of the date of their posting on the Website. Your use of the Website from that date implies your acceptance and acknowledgement of the TCU as revised.

3. If you consider that the revised TCU are not or no longer acceptable, then do not use the Website.

4. The services provided on the Website are only available to persons aged 18 or over who can legally enter into contracts under the local applicable Law. Should you use the Website on behalf of a legal entity, you certify and guarantee that you are fully entitled to bind this legal entity.

5. The TCU herein determine the mutual contractual obligations between IWITNESS24 and its Members (the “Contributors”). The use of the IWITNESS24 services implies the full and entire acceptance of the TCU herein. Each IWITNESS24 Contributor declares his awareness, understanding and full acceptance of the Terms and Conditions. The TCU can only be revised by IWITNESS24.

6. The Terms and Conditions herein took effect on IWITNESS24 and were revised on IWITNESS24 (in force since IWITNESS24).

7. This service is proposed in partnership with Citizenside.com

8. By accepting the present TCU, you also accept the TCU of the company Citizenside, which you can find here.

  1. 1. Conditions of membership and use (introduction)

    The services of IWITNESS24 are exclusively available to users who are legally capable of entering into contracts under the laws of your country. The services are not available to children under 18, unless under the supervision of an adult, father/mother or legal guardian, and the said father, mother or legal guardian is responsible for any use of the Website. If you do not fulfil the above requirements, then immediately refrain from the use of our services. Furthermore, you are no longer authorized to use our services if your account is temporarily or permanently discontinued. Additionally, your IWITNESS24 account (including comments and evaluation profiles) and username may not be transferred or assigned in any form to any third party.

  2. 2. Purpose – License

    The purpose of the present terms and conditions is to establish a Licence for the use and distribution of the photos and videos (the “Documents”) uploaded by a Contributor to IWITNESS24 (and equally to Citizenside.com)

    “Document” means any general information document, under the form of an original, previously unpublished and royalty-free image, audio-visual file, or other (with a caption), excluding pornography, dangerous or violent acts, presenting/showing news story or events that could inform or/and interest audiences.

    A Document can either be a unique file or a series of files (a “package") making a whole and having the same specificities (a series of files concerning a same event and made on a same location and date). In such case, each file does not constitute a sole and only Document requiring a distinct Licence but, on the contrary, is part of a sole and only series which constitutes the said Document and requires a sole and only Licence.

    The Document is licensed to all titles operated by Archant Community Media Ltd under the terms and conditions for contributed material here

    A “Licence” represents the exclusive transfer of the Document exploitation rights to third parties other than Archant Community Media Ltd by the Contributor to IWITNESS24, for a determined duration (the “Duration”), a said Publication (the "Publication"), and for a said territory (the "Territory").

    The Contributor remains at all times owner of their Document.

    “Duration” means the duration of the transfer of the exploitation rights granted by the Contributor to IWITNESS24 regarding the Document. This duration shall not exceed five years.

    “Publication” means any act of public exploitation of the Document by IWITNESS24 only and exclusively. It may be a publication or a multipublication.

    “Territory” means the country or countries where the Document is is published.

    “Contributor” means any person aged 18 or over who is legally capable of entering into a contract under Law and wishes to transfer its rights to IWITNESS24.

    The Contributor agrees to the exploitation of the Document under the conditions found here

    Any Contributor must enter his or her profile in the Contributor section of the Site and, upon confirmation by IWITNESS24 of his registration, the Contributor will be entitled to submit his or her Document(s) without limitation, unless his or her registration is discontinued by the Contributor or IWITNESS24.

    When a Contributor is registered in the IWITNESS24 database, the Contributor can submit a document whenever he wants to IWITNESS24, whom, after validating the content, decides to buy a Licence on the Document or not.

  3. 3. Terms and conditions of the License between Contributor and IWITNESS24 (and Citizenside)

    All Documents are considered a creation protected by copyright, unless otherwise stated by jurisprudence and in accordance with the terms and conditions for material contributed to Archant Community Media Ltd found here.

    The License includes any publicity conducted by the IWITNESS24 in order to promote the Publication, for the same maximum duration.

    Any republication or reproduction, transfer on another material or Title, or to a databank or third party, other than titles operated by Archant Community

    Media Ltd requires the transfer of a new License.

    To ensure optimum publication of the Document and considering the best practices in this context, the Contributor relinquishes any signature on the published Document, unless he expressly requires such signature from IWITNESS24. No Document can be modified in any way without the Contributor’s prior consent, unless as required in order to comply with the law or third parties rights, other than as described in the terms and conditions for material contributed to Archant Community Media Ltd found here. However, any cropping required for the Document layout or publication is permitted, at IWITNESS24’s own discretion.

    IWITNESS24 (or Citizenside) is liable for any modification by IWITNESS24 or Citizenside of the Document legends provided by the Contributor, and IWITNESS24 is solely liable for the texts and legends created at his initiative. The Contributor guarantees IWITNESS24 (and Citizenside) regarding the origin, ownership and reality of the Document.

    Even after the transfer of the Document Licence by the Contributor to IWITNESS24, IWITNESS24 must uphold image rights and copyrights. The Contributor has the obligation to inform IWITNESS24 about those matters. IWITNESS24 will seek authorisation from the owner of objects or work on the Document. If wrong or false information has been given, the Contributor will be held responsible.

    For all publications made by IWITNESS24 or people entitled by IWITNESS24, on any support, without the relevant authorisations, IWITNESS24 will be solely hold responsible and cannot, under any circumstances, use the Contributor as guarantor.

  4. 4. Licence
    4.1 Description of the Documents

    The descriptions are used to describe the Documents on offer. They can only include text, images and sounds provided by the Contributor to IWITNESS24. Each Document offered for sale must be entered into the right Document category. The Contributor is solely responsible for the choice of the category in which he chooses to file. However, IWITNESS24 can decide to file the Document into a more appropriate category.

    4.2 Conclusion of the License

    If IWITNESS24 decides to purchase a License for a Document under the conditions determined and negotiated, the law provisions regarding the contracts formation and execution apply fully and immediately to the relationship between the Contributor and IWITNESS24.

    4.3 Fraudulent actions

    Without prejudice to any other remedy, IWITNESS24 can discontinue or close a Contributor account if it becomes apparent (following a conviction, a transaction, or an investigation conducted by the police, an insurance company or a sequestrator) that such Contributor is involved in fraudulent activities relating to the Website.

    4.4 Manipulations

    The Contributors should not interfere with other Contributors’ transactions.

  5. 5. Personal Data and Document

    “Personal Data” means any information provided by a Contributor upon registration on the Website or during a transaction, in the Document ad, in an email or in a posting on a public forum (including Contributors profiles). The Contributors are solely responsible for their Personal Data, and IWITNESS24 has only a passive intermediate role when transferring them online.

    IWITNESS24 undertakes to maintain all such data in a strictly confidential manner, pursuant to applicable Laws.

    5.1 Documents and Personal Data quality – Ethical rules

    Your Personal Data, along with any information mentioned on any Document offered on the Websites:

    1. must not be false, inaccurate or deceitful
    2. must not be fraudulent or imply the sale of faked, counterfeited, borrowed or stolen Documents
    3. must not infringe copyright, patents, trademarks, trade secrets or any other intellectual property right, confidentiality agreements or a third party’s privacy
    4. must not infringe any law or regulation
    5. must not be defamatory, slanderous or libellous
    6. must not be discriminatory or incite racial, religious or ethnic hatred or violence
    7. must not contain obscene or paedophilic material
    8. must not contain any virus, Trojan horse, worm, time bomb, cancelbot or any other computer program intended to damage or secretly intercept any computer system, personal information or data
    9. must not incur IWITNESS24’s liability or loss of all or part of the services of its suppliers, especially its Internet services providers
    10. must not offer goods or services or contain direct or indirect hypertext links towards goods or services
      • that are prohibited by the TCU herein
      • that are identical to other Documents offered for sale
      • that are simultaneously contained on a Website other than IWITNESS24
      • that a Contributor is not entitled to sell or that a Publisher is not entitled to refer to with a hypertext link
    5.2 License offer

    By registering on IWITNESS24 (and thus Citizenside.com ) and offering a Document on the Website, the Contributor submits a License agreement offer regarding such Document, i.e. an offer to acquire the rights as described in clause 2 herein, to IWITNESS24 and to Citizenside.

    The Contributor can withdraw his offer at any time in a written document addressed to IWITNESS24 (or Citizenside), under thirty day notice.

    By accepting this TCU you also automatically and without any reservation agree on the PTU of Citizenside.com that you have entirely read here.

  6. 6. Access to the Site and damage to its integrity

    The Contributors expressly agree not to use any software or manual procedure to copy IWITNESS24 web pages or to record or collect any information disclosed on these pages without IWITNESS24’s prior written consent. The Contributors expressly agree not to use any sort of device or software in order to disturb the good operation of the IWITNESS24 website. The Contributors expressly agree not to act in a way which would disproportionately overload its infrastructures. Most of the information contained on the IWITNESS24 Website is updated in real time. The Contributors accept not to copy, reproduce, alter, modify, create derived works from or disclose to the public all or part of the Website content without the prior written consent of IWITNESS24, Citizenside and the relevant Contributor.

  7. 7. Infractions

    Without prejudice to any other remedy, IWITNESS24 reserves the right to send a warning, to discontinue, temporarily or permanently, a Contributors’s membership, to end it or to stop providing its services in the following circumstances:

    1. non-compliance with all or part of the TCU herein or of the documents they refer to as being part of them;
    2. if IWITNESS24 is unable to check or authenticate the information provided, and the Contributors does not answer to the authentication requests from IWITNESS24;
    3. if IWITNESS24 considers that a Member’s behaviour is likely to make himself, IWITNESS24 or other Members liable.
  8. 8. Compensation

    The Contributors expressly agree to defend and indemnify IWITNESS24 (including reasonable attorneys’ fees) and its representatives, directors, agents or employees, against all claims or requests from third parties, caused by or arising from the infringement, by the Contributors, of the TCU herein or of documents they refer to as being part of them, or the infringement of any law or right of third parties.

  9. 9. Compliance with the law

    The Contributors agree to comply with the current laws, regulations or standards relating to the use of Internet services, or to the distribution, purchase, solicitation or sale of Documents. Furthermore, the Contributors expressly acknowledge and accept that their use of IWITNESS24’s services may cause them to be considered as a “merchant” under Commercial Law, such qualification implying certain specific obligations such as a registration in the companies registry, the account keeping in accordance with applicable regulations, the payment of VAT and other relevant duties and taxes, and the compliance with law in case of insolvency. Also, as merchants or, more generally, as professionals, the Contributors must comply with the regulations relating to invoices.

  10. 10. Relationships between the parties

    independent parties, each acting in its own name and on its own behalf, subject to the rights granted to IWITNESS24 pursuant to clauses 2, and 5.1 herein. The TCU herein do not create any subordination link, mandate, joint company, common company, employer-employee or franchisor-franchisee relationship between IWITNESS24 and its Members.

  11. 11. Notices

    Except as otherwise expressly provided, any notice must be sent to IWITNESS24 by post to: James Foster, Editorial Director, Archant, Prospect House, Rouen Road, Norwich, NR1 1RE,. Any notice to the attention of a Contributor will be sent to him by email at the address provided to IWITNESS24 upon registration. Notices are deemed to have been received 24 hours after an e-mail is sent unless the sender receives a notice that the e- mail address is not valid. Notices can also be sent by registered mail at the address provided upon registration. The aforementioned 24 hours period is then extended to three days after the letter is sent.

  12. 12. Governing law – Disputes

    The TCU herein shall be governed and construed in accordance with the English law. The parties submit to the jurisdiction of the courts of England for any dispute arising between the parties and relating to the execution of the TCU herein.

  13. 13. Other provisions

    IWITNESS24 does not guarantee that the provision of its services will be continued and error free.

    IWITNESS24 reserves the right to limit, from time to time or permanently, the activity of the Contributors on the Website, pursuant to criteria and thresholds likely to vary.

    IWITNESS24 can not be made liable for any failure to perform obligations arising out of the TCU herein and due to events beyond its control and/or resulting from an event of Force Majeure. Force Majeure includes, in addition to events admitted by case law, any natural disaster, act of war, breach of peace, epidemic, fire, flood and other disaster, act of government, strike, lock- out, along with any electrical or technical problem external to the parties and preventing communication.

    In the event that one or more provisions contained in the TCU are declared by a court to be illegal, unenforceable or invalid, the remainder of the provisions of the TCU shall continue in full force and effect, so far as the general economic balance of this contract is maintained.

    The Contributors agree that the rights and obligations arising from the TCU herein can be transferred freely and ipso jure by IWITNESS24 to a third party in the event of a merger, acquisition or control takeover.

    BY ACCEPTING THE TCU HEREIN, YOU EXPRESSLY UNDERTAKE TO EXECUTE AND APPROVE THE INTEGRITY OF THE TERMS AND CONDITIONS OF USE, WITHOUT ANY LIMITATION OR RESERVATION.

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