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Please read the following terms and conditions carefully.
IMPORTANT: Please note that you
("the Contributor") cannot submit any material to us
("BoomTribe") without accepting these terms and conditions.
1. GENERAL
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These terms and conditions set out the terms upon which the Contributor
submits written material ("the Work" which term includes all drafts
and revisions thereof) to BoomTribe.
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2. LICENCE
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(a) The Contributor licenses to BoomTribe the following rights
("the Rights")
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(i) the right to publish the Work on the BoomTribe website ("the Website"
which term includes all future versions of the BoomTribe website in whatever
format such website is produced);
(ii) the right to publish the Work in print publications produced by
BoomTribe ("the Publications") in any and all media provided that BoomTribe
pays the Contributor in accordance with Clause 3 below;
(iii) the right to edit the Work for the purposes of publishing the
Work on the Website and/or in the Publications.
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(b) This licence of Rights shall be for a term of 5 years from the date
that the Work is submitted to BoomTribe and shall be non-exclusive except in
circumstances where BoomTribe.pays the Contributor in respect of the Work in
which case this licence shall be exclusive for a period of one year from the
date of first publication of the Work by BoomTribe and shall be non-exclusive
thereafter.
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(c) The Contributor waives (and to the extent that the Contributor is not
the author of the Work procures that such author shall waive) all moral
rights and all other rights described in Chapter IV of Part 1 of the
Copyright, Designs and Patents Act 1988 to the extent necessary to allow
BoomTribe to fully exercise the Rights.
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(d) BoomTribe gives no assurance that it will publish the Work and to the
extent that it does publish the Work, BoomTribe reserves the right to remove
the Work from the Website and/or the Publications at its discretion.
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3. PAYMENT
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The Contributor acknowledges that the Contributor shall only receive
payment from BoomTribe if BoomTribe publishes the Work in the Publications,
the amount of such payment to be negotiated in good faith.
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4. WARRANTIES
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(a) The Contributor warrants and undertakes that:
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(i) the Contributor owns the copyright in the Work;(ii) the Work does not contain any material the rights in which are
owned by a third party ("Third Party Material") and to the extent
that it does the Contributor shall immediately provide BoomTribe with details
of such Third Party Material and the Contributor shall at its own expense
arrange all necessary clearances in respect of such Third Party Material;
(iii) the Contributor is free to license the Rights to BoomTribe
and will not during the term of this licence enter into any obligation with
any third party which conflicts with the terms and conditions of this
licence;
(iv) the Work does not contain any libellous or defamatory
statement or matter infringing the rights of any third party;
(v) there are no claims pending proceeding or threatened in respect
of the Work.
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(b) The Contributor agrees to indemnify BoomTribe (and its employees and
any affiliated companies) against any and all costs, damages and losses
(including legal fees incurred and any compensation paid by BoomTribe) as a
result of any actual or alleged breach of the warranties and representations
made by the Contributor in these terms and conditions.
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5. CREDIT
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BoomTribe shall endeavour to accord the Contributor an appropriate credit
should the Work be published by BoomTribe. |
6. UNSUITABLE MATERIAL
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BoomTribe reserves the right not to publish or to withdraw from
publication (to the extent already published by BoomTribe) any material
submitted by the Contributor which in its absolute discretion BoomTribe
believes to be unsuitable for publication. |
7. REVIEWS
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The Contributor acknowledges that a Work submitted to BoomTribe will be
subject to criticism and review both by BoomTribe on the Website and/or in
the Publications and by users of the Website and/or readers of the
Publications. BoomTribe reserves the right to publish any criticism and
review of the Work at its discretion and cannot guarantee that such criticism
or review will be constructive. If the Contributor is likely to take offence
at certain criticism or review BoomTribe suggest that the Contributor should
not submit the Work to BoomTribe.
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8. LAW
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These terms and conditions will be governed by the laws of Barbados and any dispute arising under these terms and conditions will be dealt with
non-exclusively by the Barbadian courts.
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