Terms and Conditions

This Website is provided by Archant Community Media Limited (“Archant”) (company number 19300) whose registered office address is Prospect House, Rouen Road, Norwich, Norfolk NR1 1RE and whose VAT number is 711518562 in association with NewZulu Limited (“NewZulu”) (company number 8427141) whose registered office address is 2 Bath Place, Rivington Street, London EC2A 3DR.

PLEASE NOTE THAT UNDER THESE TERMS AND CONDITIONS YOU GRANT SEPARATE LICENCES TO NEWZULU AND ARCHANT WITH REGARDS TO HOW YOUR SUBMISSIONS CAN BE USED.

These Terms and Conditions of Use set out the terms and conditions on which you agree to use the Services. We have incorporated by reference all linked information. Please read these Terms and Conditions of Use and all linked information carefully. If you do not accept these terms then you should immediately stop using this Website. Your use of the Website confirms your acceptance of these terms. We will not be liable to you for any interruption or delay that you experience in accessing the Website, whatever the cause.

Under 18’s are permitted to use the Website, however they must obtain their parent’s or guardian’s permission and ensure that the parent or guardian has read and understood these Terms and Conditions on their behalf.

Archant does not warrant that functions contained in the website content will be uninterrupted or error free, that defects will be corrected or that the content or the Server(s) are available free of viruses or bugs.

This website is made available on the basis that there are excluded, to the extent permitted by law, any terms implied by statute or otherwise and all liability for any loss or damage however it arises out of the use of this website or reliance on its content.

Variation of these Terms & Conditions

We reserve the right to make changes to any part of the Website. It may therefore be necessary to change these Terms and Conditions. If We do change the Terms and Conditions, We will update the date above. If you use any of the Website after We have published such changes, you will be agreeing to be bound to those changes. If you do not agree to be bound by the changes then you should immediately stop using the Website.

1. Definitions

"Archant Group" “Archant” means Archant Community Media Limited, whose registered office is at Prospect House, Rouen Road, Norwich NR1 1RE, and any subsidiary from time to time of Archant Limited also referred to as "We", "Us" and "Our". Subsidiary has the meaning given in section 1159 of the Companies Act 2006.

“Newzulu” means Newzulu Limited (a company incorporated in the United Kingdom, Company number no. 08427141), whose registered office is at 2 Bath Place Rivington Street, London EC2A 3DR, United Kingdom, and includes all of its subsidiaries, divisions, branches, affiliates or companies under common ownership or control of Newzulu Limited.

“Publication” means any magazine, newspaper or any other publication in print owned or produced by a member of the Archant Group.

“Submission” means any content including but not limited to, text, photographs, graphics, video or audio material, or a combination of any of them, that is uploaded to the iWitness website/s.

"Websites" means the Websites and mobile sites (including their constituent pages) with their home pages published by Archant; and any other Website, mobile site or web address and in any form, media, or technology now known or later developed owned or operated by a member of the Archant Group.

2. Jurisdiction

Your use of this website, these terms and conditions and any matters arising are subject to the laws of England and Wales and any dispute is subject to the exclusive jurisdiction of the Courts of England and Wales, save as specifically provided otherwise. This Website is targeted only at, and goods and services are only available to, UK residents.

3. Content and Intellectual Property of the website

The website and/or the services contain content owned by Us and Newzulu. The content is protected by copyright, trademark, patent, trade secret and other laws. Archant or NewZulu owns and retains all rights in the content and the website and the services. Archant hereby grants you a limited, revocable, non-sublicensable licence to reproduce and display the content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the website and using the services.

The website and the services also contain content owned by users and other licensors. Except for content posted by you, you may not, unless specifically authorised by Us (in writing) copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the website or the services. you may retrieve and display content from the website or the services on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) for your personal non-commercial use.

The following systematic creation and/or use of links to this website requires a separate licence and any such use of this Website is prohibited without an appropriate licence:

  1. utilising links to this website received as part of a paid-for media monitoring service; and/or
  2. systematically forwarding links to this website within a business or outside a business for business purposes; and/or
  3. copying or extracting data from this website by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.

Please contact the Deputy Company Secretary at Archant Limited, Prospect House, Rouen Road, Norwich NR1 1RE 01603 772772 for further details.

4. Registration/Accounts

Where any part of the website requires that you register in order to use it, you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate.

Registration is at your own risk and We will not be liable for any unauthorised use made using your user name, pin number or password.

If registration details are not kept up to date and we are unable to contact you, We will not be under any obligation to remit any payments due to you under 6 below.

We reserve the right to remove any accounts from the website at Our sole discretion without notice. We shall not be liable for any loss of your submissions if We remove such account. We shall still be entitled to continue to use your Submissions under the terms of the Licence you provide us with if we remove your account.

5. The Rights You Licence

You will retain copyright in your Submission/s and if We or NewZulu wish to use your Submission for any other purpose than detailed in these Terms and Conditions We will ask your permission and obtain your consent before doing so.

5.1 You will retain copyright in your Submission/s and if We or NewZulu wish to use your Submission for any other purpose than detailed in these Terms and Conditions We will ask your permission and obtain your consent before doing so.

5.2 From the date you upload or submit a Submission to Us (the Effective Date), you grant to Archant and NewZulu the licences in this clause 5, without right of approval or claim to compensation or benefit other than as expressly provided in these Terms and Conditions:

5.3 By submitting any material to Us, you automatically grant Us the royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content in relation to the Websites and Publication and the promotion of such Websites and Publications.

5.4 You further grant us a royalty free licence to authorise The Newspaper Licensing Agency and/or similar media monitoring organisations and reprographic rights organisations (“RROs”) to distribute or license the distribution of your Submission 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.

5.5 From the Effective Date, you grant to Newzulu an irrevocable perpetual license to access, use, display, promote, distribute, edit and reproduce your submisison) and to promote, redistribute and license part or all of the Submission to Third Parties (“License”).

5.6 You further grant a licence to Archant and NewZulu which constitutes an exclusive, irrevocable, worldwide, transferable license (with rights to sublicense) for a period of 90 days from the Effective Date (“Exclusivity Period”) and thereafter, a non-exclusive, irrevocable, worldwide transferrable license (with rights to sublicense). Archant shall have exclusive rights to the first twelve hours of the Exclusivity Period, and NewZulu shall have the excusive rights for the remainder of the Exclusivity Period. Either Archant or NewZulu may, in their sole discretion, commercialise the Submission and shall pay you the Royalties detailed in clause 6.

5.7 By uploading or submitting the Submission to Us you agree that from the Effective Date until the end of the Exclusivity Period, you will not grant or attempt to grant any rights in the content to any third parties.

5.8 You further acknowledge and agree that:

5.8.1 regardless of the status of your account, you will not have the right to revoke the licenses given or remove your Submission/s from any of the services;

5.8.2 you will not grant any rights to third parties that would conflict with the rights you have granted under these Terms and Conditions;

5.8.3 We/NewZulu may select or reject any Submission for publication at Our sole discretion and no correspondence will be entered into; and

5.8.4 you waive all your moral rights in your Submission/s.

6 Royalties and payment terms

6.1 If your Submission is licensed to a third party in the first twelve hours after submission Archant shall remit to you thirty three percent (33%) of the payment received from the third party (net of any taxes, fees or currency conversion charges).

6.2 After the first twelve hours Newzulu and/or Archant are able to license your Submission to a Third Party for up to £250, Archant shall remit to you twenty percent (20%) of the payment received by from the Third Party (net of any taxes, fees or currency conversion charges).

6.3 For any Submission that is licensed above £250 you will receive twenty percent (20%) of the first £250 received and thirty three percent (33%) of all amounts received above £250 (net of any taxes, fees or currency conversion charges).

6.4 You will receive an email from Archant when Royalties are available to you. Attached to the email will be a form with the Contributor must correctly complete (Payment Form). Payment will be made to the Contributor within 90 days of receipt by Archant of the correctly completed Payment Form. If the Payment Form is not returned to Archant within 60 days of being sent, Archant shall be under no obligation to pay the Royalties to you.

6.5 The License granted by you in clause 5 gives Archant and Newzulu the right to use the Submission for promotional purposes including, but not limited to, use on the Services, corporate materials, advertisements for Archant or Newzulu or as part of promotional licensing agreements (“Promotional Purposes”). Submissions that are used for Promotional Purposes may help to maximize sales of the Submission However you accept and acknowledge that Archant and Newzulu receives no payments for distribution and therefore no Royalties are payable by Archant or Newzulu to you in relation to the use of the Sbumission for Promotional Purposes.

7 Newzulu

7.1. Archant partners with Newzulu (www.newzulu.co.uk) for the commercialisation of the Submissions and your acknowledge and accept that your Submissions may be provided to Newzulu for commercialisation.

7.2. Newzulu makes no warranties that submitted Submissions will be validated.

7.3. Newzulu makes no warranties that Submissions that have been validated will be licensed, or otherwise distributed, to third parties.

7.4. Newzulu does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and Newzulu expressly disclaims any and all liability in connection with any Submission.

7.5. Newzulu is not responsible for the payment of any royalties in relation to the Submissions nor for any costs that may have been incurred by you, including in the course of obtaining any Submission.

7.6. When you agree to these terms, and use the services, you are also agreeing to Newzulu’s terms of service which can found here. For any ambiguity between the clauses relating to Newzulu outlined herein and the Newzulu terms and conditions, the provisions outlined herein shall prevail.

8 Warranties

You further represent and warrant that:

  • the Submissions do not contravene any applicable law or regulation (including by the manner in which it was created), including, without limitation, those relating to the internet, data, e-mail and privacy;
  • the Submission does not infringe upon or violate (including by the manner in which it was created), any statutory copyright or upon any common law right, copyright, patent, trademark, trade secret, proprietary right, or any other similar right of any third party (including rights of privacy or rights of publicity ) or any other intellectual or proprietary right of a third party;
  • you have all right, title and interest in the Submission necessary to grant the rights that you grant under these terms including you have all necessary licenses, rights, consents, permissions and any release related to any rights of privacy or publicity that are required to enable the use of your Submissions in the manner contemplated by these terms;
  • you have not entered and will not enter into any agreement in respect of the Submissions which would conflict with the rights granted under these Terms;
  • you are, and will remain the authorised representative of the sole owner of the whole copyright and other proprietary rights in the Submissions you submit;
  • there are no restrictions on licensing and/or use of the Submissions for any purposes;
  • the Submission does not depict any staged events and has not been doctored in any way;
  • the Submission does not contain any material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Archant or any third party to use or possess in connection with the provision of the services;
  • the Submission is not threatening, defamatory, intentionally offensive abusive, liable to incite racial hatred, pornographic, obscene, in breach of confidence, in breach of privacy;
  • the Submission is not discriminatory against race, religion, disability, sexual orientation or gender;
  • the submission of the Submission does not constitutes or encourages conduct that would or could be considered a criminal offence;
  • the Submission does not contain any element which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) you further agree that if you knowingly send any material which is technically harmful that Archant retains the right at its sole discretion to pursue you for all legal fees (including its own and those of any third party), damages and other expenses that may be incurred as a result of your actions;
  • You will not make any commercial or business use of the Website or post any material which comprises advertising promotional or marketing material of any kind, nor will you set up any links from the Website to any other Website;
  • that you will not act in a way that will disproportionately overload the Website;
  • all metadata provided with the Submission is accurate and does not falsely represent copyright ownership;
  • the Submission is not subject to any exclusive contract, agreement or license; and
  • Archant’s exercise of its rights hereunder will not infringe on or violate any copyright, patent, trademark, trade secret, privacy right, publicity right or other intellectual property or proprietary right of any third party

Furthermore that:

  • you are the bill payer or have the permission of the bill payer to send Us the material.
  • your email address and password are personal to you and you must not allow anyone else to use them.
  • you must not impersonate any other user of the Website or do anything to assist an unregistered user to gain access to the Website.
  • that use of your personal data by Us is subject to Privacy Policy.
  • you acknowledge and accept that neither Newzulu nor Archant are responsible for any costs incurred by you, including in the course of obtaining any Submission.

We will fully co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or locate anyone posting material in breach of this clause.

9 Disclaimer of Liability:

9.1 Use of the Website is entirely at your risk. We do not accept any liability or responsibility for any third party material appearing on the Website or for the nature or content of such material: We do not control such material nor do We examine or edit postings prior to their appearance on the Website. For the avoidance of doubt, to the fullest extent permissible by law, We are not liable for any loss or damage caused as a result of your viewing material on the Website or your use of the Website (save for death or personal injury if caused by Our negligence).

9.2 We reserve the right (but do not assume the obligation) without notice to remove any material which We in Our sole discretion deem to be harmful, offensive or otherwise in breach of these terms and conditions and/or to terminate the registration of any person who We in Our sole discretion deem in breach of these terms and conditions. This is without prejudice to any of Our rights at law all of which are specifically reserved.

By Accessing or Submitting any information you confirm you have read and agreed to the above terms and conditions.

10 Data/Meta Data and Privacy Policy

All data that you provide us will be subject to our Privacy Policy, which can be found here.

To enable NewZulu to process your Submission you need to ensure that your photograph contains at the least the following metadata for the syndication process:

  • location, date and time the image or video was taken and sent to us;
  • the make and model of the device;
  • whether the content has been edited;
  • whether previous content has been validated, deleted or sold.

11 Software and Security

We are not responsible for any technical or other issues that may arise if you download software from an external third party Website (e.g. Acrobat Reader) or upgrade your browser software to enhance your usage of the Website.

12 Third Party Website

This Website may provide links to other Websites. These links are for your convenience only and do not signify that We endorse or undertake any responsibility for the content of or any transactions that you enter into relating to those linked sites. Use of third party Websites is entirely at your own risk.

13 Third Party Sites

Some third party sites which are either embedded into the Website or links are provided are sites which are operated by third parties with whom Archant has a commercial association, including but not limited to sites by means of which you can make payment for use of the Website or associated services. If you wish to make any purchases or enter any financial dealings on such Website, you will be entering a contract with the relevant third party operator who will ask you to supply information about yourself and on your financial affairs, including your bank or credit card details. The third party operator will have their own terms and conditions and privacy policy and it is up to you to indicate your consent or otherwise to the use that the third party proposes to make of your personal data. While We select Our trading partners with care, Archant cannot be held liable for any loss or damage whatsoever which you may suffer as a result of your decision to enter any dealings or transactions with, or supply personal information to, a trading partner or any third party. Please ensure you are aware of whom you are contracting with and the relevant terms and conditions prior to entering into any contract.

14 Additional Services

From time to time We may provide additional services for you to download. However, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.

15 Indemnity

You agree to indemnify and hold Archant and NewZulu, their subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the website or the services in violation of this Agreement, and/or arising from your use of or conduct on the website or in use of the services and/or a breach of this Agreement.