Terms and Conditions:
You (“The Artesan” or “You”) are submitting marketing materials for your business (primarily videos, but photography possible: together “The Product”) for use and publication for part of The Charleston Magazine’s “Makers” series. The Charleston Makers series is effectively meant to be a local directory of videos by local artesans.
By submitting such Product, you are verifying that you the user either (a) owns all rights to the Product (including underlying music), or (b) have obtained all permissions and licenses needed to grant rights to Dez Inc., the parent 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 all rights in any underlying music, images, or intellectual property.
This license shall remain in effect until you request removal under the terms stated below, or for up to three (3) years, whichever is longer.”
You are granting such usage rights as described below to), without royalty or other consideration, including any music used within the provided videos. You are granting such usage rights on a non-exclusive, worldwide basis. The Company does not intend to create derivative works.
You hereby grant to 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 [Company], the Charleston Magazine brand, the Makers Series, and related content.
This usage would include but not be limited to reuse the videos on Youtube, Instagram, our website and other related forms of distribution.
You are solely responsible for obtaining and maintaining all rights, consents, and permissions (including synchronization and performance rights for music, and releases from all identifiable individuals appearing in The Product) necessary to grant the license herein without infringement or violation of any third-party rights.
USAGE OF PRODUCT:
The Company intends to provide/promote a platform (microsite) that will showcase Your business/product, as well as other artesans withing the Charleston community. .The Company has the right to use all or a portion of The Product in promotion of the platform.
DETAILS OF SUBMISSIONS:
All submitted Product must be in digital format. If selected by Charleston magazine and The Company for such usage/promotion ( such selection in The Company’s sole discretion.
Only online entries will be eligible. No print or film submissions will be accepted. All digital files must be hosted with a 3rd party website like YouTube or Vimeo. Submitted videos must be shot in high definition. A raw video file must be provided via Dropbox, or other 3rd party file hosting service, upon request to be hosted on Charleston magazine YouTube (@charlestonmagazine). If licensed music is used in the background of video, a usage license must also be provided.
Entrants grant to Charleston magazine the right to use and publish The Product online, including websites and social media for @charlestonmag. . The Makers and all of the related pages, contents, and code are copyright of Charleston magazine. Copying or unauthorized use of any copyrighted materials, trademarks, or any other intellectual property without the express written consent of its owner is strictly prohibited.
You submitting grant to Charleston magazine the right to use and publish your name and photograph in print and online, including websites, social media, and promotional collateral, for up to three years with no additional consideration. You waive any liability or claims against Charleston Magazine, Dez Inc. or related parties/officers/employees for entry into the Images of Charleston contest, including such photo usage by Dez Inc.
You agree not to submit any content that is defamatory, obscene, hateful, infringes any third-party intellectual property rights, or otherwise violates any law or regulation. The Company reserves the right to reject any content at its sole discretion.
Any persons appearing in your submission must have granted permission for such appearance. You must obtain any model or property releases, as applicable, and furnish them upon request
You grant The Company the right to use your name, image, likeness, biographical information, and any voice-over or on-camera performances in connection with the promotion and administration of the Makers Series
REVENUE:
The Company will have the ability and intends to try to monetize the Makers Series through sponsorships sales and other revenue generating ideas. If such sales were to occur, You will not be entitled to any portion of such sales or revenue. You acknowledge and agree that your submission is voluntary and that you will not receive any form of compensation, payment, or other remuneration from The Company, regardless of any revenue The Company may generate from the Makers Series or related promotions.”
The Company may, at its sole discretion, contact you for additional opportunities or collaborations; however, The Company is under no obligation to do so.
INDEMNIFICATION/LIMIT OF LIABILITY.
You agree to indemnify, defend, and hold harmless The Company, its directors, officers, employees, contractors, licensors, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your submission or use of The Product, (ii) any breach by you of these Terms, or (iii) any violation of third-party rights (including intellectual property and privacy rights).
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY
ALL CONTENT IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTY OF ANY KIND
OTHER:
Product Takedown: At any time, you may request that The Company takes down the Product from the micro-site and other related digital properties, and The Company will make a good faith effort to do so within 90 days of notification. Upon receipt of a written take-down request at [email], The Company will use commercially reasonable efforts to remove The Product from its active platforms within ninety (90) days. However, The Company cannot guarantee removal of any previously published or distributed materials, including archives or shared third-party platforms. Any usage that occurred prior to removal will remain valid under this Agreement, and The Company is not obligated to recall or remove any distributed copies.
Entire Agreement: These Terms constitute the entire agreement between you and The Company regarding your submission and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic).
Severability: “If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
No Waiver: The failure of The Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Modification Clause: The Company may modify these Terms from time to 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.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of laws principles, and any disputes shall be brought exclusively in the federal or state courts of [County], [State].
Any dispute arising out of or relating to these Terms shall be resolved by confidential arbitration administered by [American Arbitration Association] in accordance with its rules, and judgment on the award may be entered in any court of competent jurisdiction.
