Agreement to Terms
By checking the box and signing electronically at the end of this document, you agree to the following Terms and Conditions.
Terms and Conditions
1. Submission of Materials
You (“The Artisan” or “You”) are submitting marketing materials for your business (primarily videos, but photography may also be included; together referred to as “The Product”) for use and publication as part of Charleston magazine’s Makers Series. The Makers Series is a digital platform intended to showcase local artisans through video content.
By submitting The Product, you verify that:
(a) You own all rights to The Product, including all underlying music, images, and intellectual property; or
(b) You have obtained all necessary permissions and licenses required to grant rights to Dez Inc., the parent company of Charleston magazine (“The Company”).
You represent and warrant that you have the full right, power, and authority to submit The Product and grant the rights set forth in this Agreement, including obtaining all necessary releases from third parties appearing in The Product. You are solely responsible for ensuring that The Product does not infringe on any third-party rights, including but not limited to intellectual property rights, music licensing, and personal privacy.
2. Usage Rights & License Grant
By submitting The Product, you grant The Company a non-exclusive, worldwide, sublicensable, royalty-free license to use, reproduce, display, perform, adapt, modify, and distribute The Product in any media now known or hereafter developed, for the purpose of promoting Charleston magazine, the Makers Series, and related content.
This license includes, but is not limited to, publishing The Product on YouTube, Instagram, the Charleston magazine website, and other digital distribution channels.
The Company does not intend to create derivative works, but reserves the right to modify The Product for formatting, length, or branding purposes. The license shall remain in effect until you request removal (as outlined below) or for a period of three (3) years, whichever is longer.
You waive all claims for compensation, royalties, or revenue share from The Company’s use of The Product, even if the Makers Series is monetized through sponsorships, advertisements, or other revenue-generating initiatives.
3. Monetization and Revenue Terms
The Company may monetize the Makers Series through sponsorships, advertisements, and other revenue-generating initiatives, including featuring sponsored content alongside or within the Makers Series.
By submitting your Product, you acknowledge and agree that:
- The Company retains exclusive rights to control all monetization efforts.
- You will not be entitled to any portion of sponsorship revenue, ad revenue, or other earnings from The Makers Series.
- Submission is voluntary, and no financial compensation will be provided, regardless of The Company’s ability to generate revenue.
4. Music and Copyright Compliance
If licensed music is used within The Product, a valid usage license must be provided at the time of submission. The Company reserves the right to request proof of copyright ownership or licensing for any content, including:
- Music (synchronization, performance, and master rights)
- Video footage
- Artwork
- Logos and trademarks
Failure to provide proof upon request may result in disqualification or removal of the submission.
If The Product includes any identifiable individuals, you must obtain and provide model or property releases upon request.
5. Indemnification & Liability Limitations
You agree to indemnify, defend, and hold harmless The Company, its parent company Dez Inc., its affiliates, subsidiaries, sponsors, advertisers, distribution partners, directors, officers, employees, contractors, licensors, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:
(i) Your submission or use of The Product,
(ii) Any breach of these Terms, or
(iii) Any violation of third-party rights (including intellectual property, privacy, or publicity rights).
To the fullest extent permitted by law, The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue.
All submitted content is provided “as is” and “as available”, without warranty of any kind.
6. DMCA Copyright Policy
If you believe that content published as part of the Makers Series infringes upon your copyright, you may submit a takedown request under the Digital Millennium Copyright Act (DMCA). The Company will investigate and, if appropriate, remove the allegedly infringing material.
DMCA claims must be submitted to agent@charlestonmag.com and must include:
- A description of the copyrighted work
- The specific location of the allegedly infringing content
- Your contact information
- A statement made under penalty of perjury that you are the copyright owner or authorized to act on their behalf
7. Product Takedown Policy
You may request removal of The Product from Charleston magazine’s digital platforms at any time by submitting a written request to agent@charlestonmag.com.
- The Company will make a good-faith effort to remove The Product from active platforms within 30 days of receipt of the request.
- The Company cannot guarantee removal from previously published or shared third-party platforms.
- Any usage that occurred prior to removal will remain valid under this Agreement.
8. Privacy & Data Usage
The Company respects your privacy. By submitting your Product, you acknowledge and agree to The Company’s Privacy Policy, which governs how your personal information is collected, stored, and used. Please review our full Privacy Policy at https://charlestonmag.com/privacy before submitting your entry.
By participating, you authorize The Company to use your name, likeness, biographical information, and any voice-over or on-camera performances in connection with the Makers Series.
9. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to conflict of law principles.
Any disputes shall be resolved exclusively in the state or federal courts of Charleston County, South Carolina.
Any dispute arising out of or relating to these Terms shall be resolved through confidential binding arbitration under the rules of the American Arbitration Association (AAA) in Charleston County, South Carolina. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
10. Modification Clause
The Company reserves the right to modify these Terms at any time. In the event of a material change, The Company will notify you by posting an update on its website or via email prior to the change becoming effective.