This Rights Holder Agreement (“Agreement ”) sets out the terms and conditions governing the relationship between Money Science Ltd (“MoneyScience”) and an individual or company making a Contribution to codeFinance (“Rights Holder”).
The purpose of this document is to ensure that the Agreement terms are incorporated into to all Contracts with each Rights Holder, so both parties are clear as to how MoneyScience may use content.
This Agreement does not apply to content submitted:
- using a feature or interactive service that allows the individual to upload to and display content on any of MoneyScience’s websites (including social sites), apps, WAP sites or any web address owned or operated by MoneyScience (User-Generated Content (“UGC”))
This Agreement applies to all Rights Holder Contributions, except where the Rights Holder is already subject to a separate written Agreement with MoneyScience in relation to Contributions, or where MoneyScience has agreed in writing to vary or amend the Agreement due to exceptional circumstances.
Formation of the Contract
By sending MoneyScience a Contribution you are making an offer to MoneyScience to use the Contribution. MoneyScience’s use of the Contribution is acceptance of your offer and creates a Contract on the terms of this Agreement . Submission of a Contribution by you is an acknowledgement that you agree to the terms of this Agreement . If you do not agree to the Agreement you must email us as soon as possible to raise your objection and withdraw your submitted Contribution, otherwise you will be deemed to have accepted the Agreement terms.
Contract: the Agreement between MoneyScience and the Rights Holder relating to the Contribution incorporating this Agreement and the Special Terms (where applicable);
Contribution: material (written, audio, visual, video or audiovisual) created by the Rights Holder and will be classified as either Material You Send Us or Material We Request From You;
Credit: for Material You Send Us “© [insert name of Rights Holder and Year]”;
Publication: means one or more publications owned or operated by MoneyScience;
Licence: the licence granted by the Rights Holder to MoneyScience as set out in the Licence sections of this Agreement ;
Personal Data: has the same meaning as provided in Article 4 of the General Data Protection Regulations;
Content You Send Us: a Contribution as set out under the Content You Send Us paragraph below;
Content We Request From You: A Contribution as set out under the Content We Request From You paragraph below;
Rights Holder: name of the of the individual or company which has created the relevant Contribution
Special Terms: written terms between MoneyScience and the Rights Holder relating to the Contribution that are not set out in this Agreement and/or vary this Agreement ; and
User-Generated Content: content submitted by an individual through a feature that allows the individual to upload material to any of Archant’s websites or social sites.
Conflict with other Agreements
If there is any inconsistency between any of the provisions of this Agreement and the Special Terms, the Special Terms shall prevail. To be clear, where no Special Terms are agreed in writing, the Agreement will apply without variation.
Sending us a Contribution
When sending us a Contribution, please provide the following information:
- Your Full Name;
- Your Full Address; and
- Your Contact Telephone Number and Email Address.
We will use the information for the purpose of processing and publishing your contribution, and providing Credits on your contribution.
Content You Send Us
Content You Send Us is a Contribution that is received by MoneyScience from a Rights Holder. The Contribution may be solicited or unsolicited. The following are examples of Content You Send Us:
- MoneyScience has seen the Rights Holders’ photograph on a third party website. MoneyScience contacts the Rights Holder and asks to use the photograph. (Solicited)
- A Rights Holder speculatively submits a range of photographs to MoneyScience for MoneyScience’s use. The Editor may or may not decide to use one or more of the photographs. (Unsolicited)
Content You Send Us does not include UGC, Content We Request You To Send Us or material that is governed under any other relationship between the Rights Holder and MoneyScience.
MoneyScience is under no obligation to accept any Content You Send Us for review and if accepted for review is under no obligation to offer a Contract. Should MoneyScience decide that it wishes to use the Contribution, it will be governed by the terms of this Agreement . MoneyScience is under no obligation to use the Contribution.
If you wish to submit a speculative Contribution to us, please contact the appropriate MoneyScience title.
Please note that MoneyScience will not be able to acknowledge receipt of your Contribution and any submission is at the Rights Holder’s own risk.
Content You Send Us – Licence Terms
MoneyScience believes that Content You Send Us is the Rights Holder’s property and that the Rights Holder should not need to give up all its rights for the Contribution to be used by MoneyScience.
Therefore, by sending us a Contribution, the Rights Holder grants the following irrevocable licence in perpetuity to MoneyScience:
The right to publish, reproduce, licence and sell the Contribution as part of the Publication throughout the world in the following formats:
- any physically printable Publication such as a Newsletter;
- in a replica layout in any electronic format of the Publication;
- on the MoneyScience website or ANY of our website products;
- in any MoneyScience apps delivering the Publication to a reader; and
- on any MoneyScience social media pages.
The right to publish extracts or the whole of the Publication (which may include the Contribution) when promoting MoneyScience’s business or subscriptions in media advertisement, show cards and other promotional aids.
The Right to authorise The Newspaper Licensing Agency and similar reprographic rights organisations in other jurisdictions (“RROs”) to distribute or license the distribution of your Contribution throughout the world in any language(s) for RROs’ licensed acts and purposes as amended from time to time, and to keep available your Contribution through such RROs.
The unlimited right to amend, edit, select, crop, retouch, add to or delete any part of the Contribution, in any format, whether electronic or otherwise, including the right to remove or amend any meta data associated with the Contribution.
The right to store the Contribution electronically.
In return for the licence granted in relation to the Material You Send Us, MoneyScience will endeavour to provide the Credit with the Contribution. The licence granted to MoneyScience shall survive any termination of the Agreement between MoneyScience and the Rights Holder.
Content We Request From You
Content We Request From You is a Contribution that has specifically commissioned by MoneyScience. MoneyScience will contact a Rights Holder and commission them to provide a Contribution in relation to a brief. An example of Content We Request From You is:
- MoneyScience needs a photograph of a country building. MoneyScience instructs the Rights Holder to attend the venue and take picture of the building.
Content We Request From You does not include UGC, Content You Send Us or material that is governed under any other relationship between the Rights Holder and MoneyScience. The Rights Holder will provide its own equipment and materials to fulfil its obligation for Material We Request From You. MoneyScience is under no obligation to use the Contribution.
Content We Request From You – Assignment and Licence
MoneyScience believes that Content We Request From You should be MoneyScience’s property as MoneyScience has requested the Rights Holder’s services and instructed them to create the Contribution on its behalf. However, MoneyScience acknowledges that the Right Holder may need a licence from MoneyScience to use the Contribution for limited purposes.
Therefore, in submitting Content We Request From You to MoneyScience, the Rights Holder assigns to MoneyScience with full title, right and interest all existing and future intellectual property rights in the Contribution. In return, MoneyScience will endeavour to give a Credit to the Rights Holder and MoneyScience grants the Rights Holder a non-exclusive, non-transferable licence to use the Contribution in its own online and offline portfolio, provided that the following copyright notice is applied to the Contribution “© Money Science Ltd used under limited licence”.
General notes about Rights
Any rights granted to MoneyScience or the Rights Holder under this Agreement shall survive termination of the Contract for any reason.
Rights Holder Promises
The Rights Holder promises:
- that it owns the Contribution and / or is (and will continue to be) authorised to grant the rights to MoneyScience;
- nothing in the Contribution is blasphemous, discriminatory, defamatory, untrue, misleading or unlawful;
- that the Contribution complies with the Independent Press Standards Organisations Editors’ regulations and Code of Practice;
- the Contribution does not contain any virus, Trojan horse, hidden computer software or similar;
- the Contribution does not infringe the intellectual property rights of any third party;
- where the Contribution contains Personal Data, all the necessary consents in compliance with the General Data Protection Regulations (and any associated data protection legislation) have been obtained;
- where the Contribution contains images of children under the age of 16, written parental consent has been obtained and can be provided on request; and
- maintain and comply with, at all times, the highest ethical standards in the preparation, creation and delivery of the Contribution.
In the event that a complaint is raised in relation to a Contribution, the Rights Holder agrees to co-operate fully with any internal or external investigation or process.
The Rights Holder is an independent contractor and nothing in the Agreement shall render the Rights Holder an employee, worker, agent or partner of MoneyScience. The Rights Holder is responsible for any taxes/national insurance payable in relation to any services provided under the Agreement .
The Rights Holder shall keep MoneyScience indemnified in full against all loss incurred or paid by MoneyScience as a result of or in connection with any claim made against MoneyScience by a third party:
- arising out of, or in connection with the Contribution, to the extent that such claim arises out of the breach of this any terms of this Agreement (including any Special Terms); and
- for actual or alleged infringement of a third party’s intellectual property rights or any breach of the General Data Protection Regulations (and any associated data protection legislation) arising out of, or in connection with the use of the Contribution except in so far as the claim arises as a result of changes made by MoneyScience or a breach of the Licence by MoneyScience.
Variation of the Agreement
No variation of any term of this Agreement will be effective, unless it is set out in writing (letter, fax or email) and signed by a relevant employee of MoneyScience.
If you wish to submit a Contribution and are unable to agree with the terms of this Agreement or if you have any questions regarding this Agreement , please contact a relevant employee the publication.
Problems & Disputes
In the event of a problem or dispute in relation to a Licence and/or in connection with this Agreement , in the first instance the Rights Holder and the Editor will look to resolve the dispute amicably.
Application of the Agreement
Unless otherwise agreed, this Agreement shall be interpreted in accordance with the laws of England and Wales and English courts will have exclusive jurisdiction.