Change Media Terms and Conditions

Overview
Change Media aims to support communities, students and participants of all ages to show their work and promote their projects.
When you submit your digital content [video, stills, audio, text] to the Change Media website, you grant us a non-exclusive license in perpetuity to distribute your work across all current and future platforms, including but not limited to: the Change Media website, through other online partner portals such as Vimeo, YouTube and iTunes U, and mobile devices including mobile phones and iPods.
This also includes presenting your work for promotional purposes that may include editing elements of your content into promotional footage or screening examples of your work at Change Media workshops and conferences, or other public events or presentations. We do not own your content, but you are granting us a non-exclusive license to use it – you can still do with it whatever you want.

Our user online upload portal will be launched later in 2010. Until then, we accept content under 10min duration, only as Quicktime files either on data DVD, CDrom or USB drive, mailed to us at Change Media, PO Box 959 Clare SA 5453.

By submitting your content to Change Media you accept the terms of this agreement in full. Change Media has the right to change the terms and conditions of this agreement at any time without notice and will post the changes on www.changemedia.net.au.
If you disagree with any updated terms in regards to your content, you need to let us know in writing; otherwise, we assume your acceptance of updated terms and conditions.

1. SUBMITTING CONTENT
Change Media uses the term ‘content’ for any and all digital media content, videos and all other materials, such as publicity stills, text, graphics and other supporting content you submit to us.
Whenever you submit content to Change Media for selection / inclusion on our website, you are confirming your acceptance of, and agreement to be bound by, all the terms and conditions of Change Media’s Terms of Use, including, without limitation, this Agreement.
To be considered for inclusion on our Change Media website, your content must meet all the specifications and requirements outlined below. In order to submit content, you will also need to meet Change Media’s Age Requirements and your content must meet Change Media’s Content Requirements.
We will not be responsible for lost, damaged, misdirected, unusable or unreadable content and retain the right to refuse to accept content at any time without notice or explanation.

2. AGE REQUIREMENTS
Change Media upload service is only available for use by persons who are 13 years of age or older. If you are considered a minor where you live (generally under 18 years of age) and you submit content to Change Media, you are confirming to Change Media that you have received your parent’s/guardian’s consent to do so and that your parent/guardian has read and, on your behalf, agrees to be bound by this agreement; and understands, agrees and shall be fully responsible for your submission.

3. CONTENT REQUIREMENTS
You are solely responsible and liable for the content you submit (and the consequences thereof) made under your name, user name, e-mail address, password, and your registration or profile information.

The content does not reflect the views of Change Media. We reserve the right, at any time, without notice and without limiting any and all other rights we have under this Agreement, at law or in equity, to remove and delete your content from www.changemedia.net.au.

You agree you will not submit any content that is libelous, defamatory, obscene, pornographic, sexually, racially, culturally, or ethnically offensive, harassing, intimidating, threatening, hateful, discriminatory or abusive. Change Media reserves the right to delete or reject any content that Change Media in its sole discretion deems abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights.

Change Media reserves the right to edit your content for the purposes of promoting the website. Change Media reserves the right to remove and take down your content without notice if any content is in violation of any of the terms or conditions of this Agreement. If Change Media receives notice of any claim of infringement that satisfies specific legal requirements, Change Media may remove content associated with such claims and may notify you if your content is removed.
In regards to intellectual property, you are fully responsible for the clearance of any music, sound, images or graphics contained in your entry. If any record company or music publisher contacts us about an entry’s music rights, we will refer that company to you so be sure to obtain all the appropriate clearances beforehand.

4. COPYRIGHT; CONTENT REQUIREMENT VIOLATIONS; BREACH OF AGREEMENT
If you believe any content on www.changemedia.net.au. violates the copyright of any other party or violates the terms of this Agreement or in any other way infringes upon the rights of others, you can notify us by email at info@changemedia.net.au.

5. RIGHTS GRANTED TO CHANGE MEDIA
In connection with the content you submit to us for consideration on www.changemedia.net.au and associated online portals, you are authorizing Change Media to host, cache and store your content and grant a non-exclusive, universal, perpetual and royalty free right and license to use and distribute your content online through  www.changemedia.net.au, partner broadcast networks or similar, and through mobile phone networks.
The rights described in this agreement and granted to Change Media commence immediately upon submission of content to Change Media and continue indefinitely. You may write to Change Media at any time and request termination of the nonexclusive license, whereupon Change Media will endeavour to remove your content from www.changemedia.net.a and all associated distribution within 3 months upon receipt of written termination notice.
Change Media has the right to include your content in its promotional activities. This may include, but is not limited to, the creation of show reels and promotional and educational material supporting Change Media and its outreach programs, in physical screenings, marketing campaigns and presentations.
Change Media has the right to compress, transcode, and package your content for online and offline presentation.
Change Media has the right to screen your content on its website and partner events, including screenings and launches associated with Change Media.
Change Media has the right to assign or sub-license any and all rights granted to Change Media to third party terrestrial television networks that partner with Change Media. If Change Media receives any profit from assigning or sub-licensing your content to third party networks, Change Media will transfer fifty (50%) percent of the revenue received in relation to that specific content, directly to you. Change Media may contact you to obtain or clarify rights for television distribution of your content.

6. OWNERSHIP
You must own the rights to the content you submit and each element of the content you submit and the right to grant all of the authorizations, rights and licenses described in this Agreement. If you do not exclusively own all of these rights, you must have all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this agreement, perform and comply with all of its obligations.

Change Media does not claim any ownership rights in the content that you submit to www.changemedia.net.au. Change Media retains all right, title and interest in and to www.changemedia.net.au, including, but not limited to all associated intellectual property and proprietary rights existing anywhere in the world and you acquire no ownership, proprietary or other rights, title or interest in or to www.changemedia.net.au, any software or other information or materials we provide or make available to you. If Change Media provides you or makes software available to assist you in any download, upload or other process, the software is provided “as is” without representations or warranties of any kind. You acquire no rights in or to such software other than the limited, revocable, non-exclusive and non-transferable license to use that software solely in connection with www.changemedia.net.au,

7. FINANCIAL CONSIDERATION
Upon entering into this agreement, Change Media reserves the right to sell advertising in connection with your content and otherwise benefit from and/or realize revenue in connection with your content. Change Media will pass on fifty percent of revenue received from the sublicensing of your specific content to television (in the case of terrestrial) and mobile phone networks.

8. INDEMNIFICATION
Your indemnification obligations under the Terms of Use include any third party claims arising from or caused by your content, the submission of your content, Change Media’s use of your content consistent with the rights granted to Change Media by this agreement and/or any use you may make of the service.

Change Media will not be liable for malfunctions, loss of data, damage to hardware, programs or devices resulting from use of any software or interaction with www.changemedia.net.au. You must use your own programs and firewalls to scan all software, to prevent intrusion, viruses, other malicious code and damage. Change Media is not responsible for any damage if you fail or are unable to do so.

9. DISCLAIMERS AND LIMITATION OF LIABILITY
You are using www.changemedia.net.au at your own risk. You are solely responsible for your content, the representations and obligations under this agreement and for any damages to your computer system or loss of data resulting from your use of the service. Change Media disclaims any liability for any use not specifically authorized or that is in violation of this agreement or laws or regulations that may apply to you in any jurisdiction or country.
Change Media disclaim all liability for any and all damages, whether direct, consequential, special, indirect, exemplary or punitive damages, howsoever arising or caused, whether foreseeable or not, regardless of the form of action or the basis or characterization of the claim and even if advised of the possibility of damages.

10. GENERAL
This Agreement, together with our Terms of Use, is the entire agreement between you and Change Media relating to your submission of content for use on www.changemedia.net.au and the subject matter of this agreement supersedes any prior or inconsistent agreements. Change Media may terminate this agreement with you, your registration and your right to use its website at any time without notice to you.

11. LAW THAT APPLIES TO THIS AGREEMENT
This agreement is made in the State of South Australia, Australia, and is governed by the non-exclusive jurisdiction of the courts of the State of South Australia, Australia.