Terms of Use

Agreement and definitions

  1. Agreement to terms

Welcome to allaboutthestory.com, a website hosted and operated by News Crowd Limited. We enable the online sale and purchase of articles, cartoons, caricatures and similar material, connecting authors and artists to publishers. By viewing and using the Site, you will be deemed to agree to these terms of use.

  1. Definitions

In these terms of use:

'buy', 'buys' and 'purchase' mean clicking the 'Buy Now' button after clicking the 'Buy Story' or 'Buy Image' button or, where an alternative offer is made for an item of Content, when the Seller confirms its acceptance of the offer, and not the subsequent act of payment following receipt of an invoice;

'Buyer' means a person who has registered as a buyer or potential buyer of Content or, if that registration was on behalf of that person's employer, the person's employer;

'Content' means the articles, cartoons, caricatures, illustrations and other material posted to the Site by Sellers for purchase by Buyers or any other party;

'Exclusive Content' has the meaning in clause 10 below;

'GST' means goods and services tax;

'Member' means a person who is a Buyer or a Seller or both;

'Related Site' means any website that replaces or subsumes the Site and any other website that is used to promote or otherwise facilitate the sale of Content;

'Seller' means a person who has registered as a seller or potential seller of Content or, if that registration was on behalf of that person's employer, the person's employer;

'Site' means allaboutthestory.com;

'Syndicated Content' has the meaning in clause 10 below;

'we', 'our', 'us' and 'NCL' mean News Crowd Limited; and

'you' means you or, if you are registering or have registered on behalf of your employer, your employer.

Registration obligations

  1. Logons

To sell or buy Content on the Site, you are required to register as a Member (as a Seller and/or a Buyer), during which you will create a logon, i.e., a username and password. You must take good care of your logon and keep it secure.

  1. Taking care with passwords

    You must take reasonable care to:

    1. choose a password that is a secret known and only to you which cannot be easily guessed;

    2. not disclose your password to anyone;

    3. not allow anyone to see your password or have the opportunity to see it or record it when you enter it on a computer; and

    4. change your password at regular intervals.

  2. Compromise of passwords

    You must immediately change your password and, if you are a Buyer, notify us, if:

    1. you believe the secrecy of your password has been compromised; or

    2. you become aware of any unauthorised use of your username or password.

  3. Improper use of logons

    You agree that you will:

    1. not knowingly or recklessly use or attempt to use your logon for a purpose for which it was not intended, including any unlawful purpose; and

    2. notify us if you know or have reason to believe that there has been or is about to be fraudulent or other unlawful use of your logon.

  4. Suspension of logons

    We may suspend or disable your logon if:

    1. doing so is considered necessary to protect the security of the Site, our services or any person;

    2. your logon is being misused or has otherwise been compromised; or

    3. you breach these terms of use.

  5. Effect of using logon

You agree that we are entitled to rely on the authenticity and authority of your username and password to process actions or requests you submit to the Site and that we may do so without further enquiry.

Intellectual property rights

  1. Copyright

Unless otherwise indicated, copyright in Content is owned by Sellers or their licensors. We do not own such Content. All other copyright material on the Site is owned by us or our licensors.

  1. Exclusive and syndicated licensing

  1. If an item of Content has never been licensed to another person and never been published, the Seller may elect to make that item available on either an exclusive basis, pursuant to an Exclusive Licence (in which case it will, in the first instance, be 'Exclusive Content'), or a syndicated basis, pursuant to a Syndicated Licence (in which case it will be 'Syndicated Content').

  2. If, however, an item of Content has been licensed to another person or has been published, the Seller may only make that item available on a syndicated basis, pursuant to a Syndicated Licence, i.e., as Syndicated Content.

  1. Sellers' grant of authority and licence to us for Exclusive Content
    1. Each Seller appoints NCL as its agent and distributor to sell, license or sublicense Exclusive Content to Buyers and other third parties and to collect and remit payments in connection with those endeavours on the terms set out in these terms of use.

    2. The appointment referred to in subparagraph (a) shall be exclusive, per each item of Exclusive Content, from the date the Seller posts the item to the Site until 75 days following the purchase of that item by a Buyer or other third party (the 'Exclusivity Period'). Once the Exclusivity Period has elapsed, the appointment in relation to that item of Exclusive Content becomes non-exclusive.

    3. For each item of Exclusive Content, the Seller grants NCL:

      1. the exclusive right and licence to use, edit, reproduce, distribute, redistribute, sublicense, publish, republish, upload, post, transmit, crop, package, repackage, produce and sell the item or publicly perform or display it to Buyers and other third parties: (i) through the Site; (ii) through any Related Site; (iii) through email notifications and web feeds produced or made available by or via the Site or any Related Site; and (iv) through third party distributors and alliance or channel partners of NCL, until the Exclusivity Period has elapsed, following which the exclusive right and licence for that item become non-exclusive;

      2. the right to grant perpetual, world-wide, exclusive and non-transferable licences or sublicences to Buyers in accordance with the terms of the Exclusive Licence, as may be amended from time to time or modified for certain Buyers consistent with the rights granted herein; and

      3. upon expiry of the Exclusivity Period, the right to grant perpetual, world-wide, non-exclusive and non-transferable licences or sub-licences to Buyers in accordance with the terms of the Syndicated Licence
  1. Sellers' grant of authority and licence to us for Syndicated Content

Each Seller appoints NCL as its non-exclusive agent and distributor to sell, license or sublicense Syndicated Content to Buyers and other third parties and to collect and remit funds in connection with those endeavours on the terms set out in these terms of use. For each item of Syndicated Content, the Seller grants NCL:

  1. the right and licence to use, edit, reproduce, distribute, redistribute, sublicense, publish, republish, upload, post, transmit, crop, package, repackage, produce and sell the item and publicly perform or display it to Buyers and other third parties: (i) through the Site; (ii) through any Related Site; (iii) through email notifications and web feeds produced or made available by or via the Site or any Related Site; and (iv) through third party distributors and alliance or channel partners of NCL; and

  2. the right to grant perpetual, world-wide, non-exclusive and non-transferable licences or sub-licences to Buyers in accordance with the terms of the Syndicated Licence, as may be amended from time to time or modified for certain Buyers consistent with the rights granted herein.

  1. Exclusive Licence to Buyers and other third parties

  1. When a Buyer or other third party buys a licence to an item of Exclusive Content, the Buyer or third party is granted:

    1. an exclusive, world-wide, non-transferable licence, for 75 days following the date of purchase, to put the item to any Permitted Use (as defined below) ('Exclusive Licence'); and

    2. after that 75 day period has elapsed, a perpetual, non-exclusive, world-wide, non-transferable licence to put the item to any Permitted Use ('Syndicated Licence').

  2. To avoid doubt, copyright ownership in licensed Content does not pass to the Buyer or third party.

  3. The following are 'Permitted Uses' of Content:

    1. publishing the Content in any print publication that you own or control;

    2. publishing the Content in any web publication that you own or control;

    3. making reasonable editorial changes to the Content for the purposes of its publication in any print or web publication that you own or control, provided those changes do not result in a derogatory treatment of the Content or otherwise fundamentally change it (unless expressly agreed with the Seller); and

    4. transferring files containing the Content to your clients, printers, typesetters, editors or ISP for the purpose of reproduction for the Permitted Uses in subparagraphs (c)(i)-(iii) above, provided that such parties shall have no further or additional rights to use the Content.

  4. Unless an activity or use is a Permitted Use, you cannot do it without our separate express permission. You are not, for example, permitted to sell, resell or otherwise distribute or publish discrete items of Content other than as is expressly permitted above.
  1. Syndicated Licence to Buyers and other third parties

    1. When a Buyer or other third party buys a licence to an item of Syndicated Content, the Buyer or third party is granted a Syndicated Licence, that is, a perpetual, non-exclusive, world-wide, non-transferable licence to put the item to any Permitted Use as defined above.

    2. To avoid doubt, copyright ownership in licensed Content does not pass to the Buyer or third party.

    3. Unless an activity or use is a Permitted Use, you cannot do it without our separate express permission. You are not, for example, permitted to sell, resell or otherwise distribute or publish discrete items of Content other than as is expressly permitted above.

  2. Additional licensing rights

If our standard licensing arrangements do not cater for your needs and you would like to speak to someone about obtaining a broader licence to re-use Content, please contact julie@allaboutthestory.com.

Representations and warranties

  1. Sellers' representations and warranties

Each Seller represents and warrants that:

  1. it has full power, capacity and authority to enter into, and fully perform its obligations under, these terms of use;

  2. it owns the copyright in or is otherwise authorised (e.g., as licensee) to post its Content to the Site for sale and licensing in accordance with these terms of use;

  3. it will keep current and update as necessary the contact information provided upon registration (including name, email address and phone number);

  4. it will reply promptly and professionally to questions asked by Buyers regarding its Content; and

  5. it will not post any Content or other material to the Site that it is not authorised to post or that is defamatory, obscene, pornographic, racist, misleading, deceptive, fraudulent, unlawful, spam-like or otherwise objectionable.
  1. Buyers' representations and warranties

Each Buyer represents and warrants that:

  1. it has full power, capacity and authority to enter into, and fully perform its obligations under, these terms of use;

  2. it has, during registration, provided accurate details about its publication and will ensure that those details are kept current, including the Buyer's name, title, email address and telephone number, and the name and (where applicable) website of its publication;

  3. it will not copy, distribute or publish any Content without first purchasing a licence;

  4. it will only use licensed Content in accordance with the applicable licence terms;

  5. it will identify the author or artist of any item of Content that it publishes, as the author or artist of that Content; and

  6. it will not publish any Content in any print publication or on any website that contains material of a nature that could bring either us or the Seller of the Content into disrepute.
  1. Continuous application

The representations and warranties set out above will be deemed to be given continuously throughout the Member's membership with us for use of the Site and its services.

Prohibited material

  1. No viruses

All persons using the Site agree not to post or submit any material to the Site or for publication on the Site that contains any virus, trojan horse, malware, spyware or other software or code designed to disrupt, damage, or perform unauthorised actions on or from, any computer.

  1. Unacceptable use

You are prohibited from posting or transmitting to or from the Site any material that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. We reserve the right to remove any such material from the Site.

  1. Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of either of the previous two clauses.

Payment

  1. Price and Transaction Fee

The Seller is solely responsible for establishing the price it wishes to be charged for any item of Content and agrees that News Crowd Limited will retain as its fee 20% of the price (the 'Transaction Fee') for each item of Content sold on or via the Site, any Related Site or otherwise by NCL. Where the Seller is GST registered, we will add GST to the invoice.

  1. Invoicing

Once a Buyer buys an item of Content, it is liable for the full cost of that item plus GST (where applicable), even if the Buyer chooses not to publish it. We will invoice Buyers for Content after they buy that Content.

  1. Payment to us by Buyers

Unless otherwise agreed, each correctly rendered invoice will be payable on or before the due date stated on our invoice.

  1. Payment by us to Sellers

Each calendar month, we will pay into each Seller's bank account the payments we have received from Buyers for the Seller's Content, less our Transaction Fee.

Indemnification

  1. Indemnity

You agree to indemnify and hold us harmless for any loss, liability, claim, demand, damage or expense (including all legal fees on a solicitor-client basis) arising directly or indirectly from your breach of these terms of use or any representation or warranty set out in these terms of use.

Acknowledgements, disclaimers and exclusions

  1. We do not review

You acknowledge and accept that we do not systematically review or in any way recommend or endorse the Content or any messages or other communications by or between either Members or others who post Content or other material to the Site. Views and opinions expressed in such Content and material are those or their authors and not NCL.

  1. No obligation to promote or sell

Sellers acknowledge and accept that we have no obligation to promote or otherwise sell their Content.

  1. Exclusion of liability

Except for payments due and owing to Sellers for sales of their Content for which we have received payment from Buyers, we disclaim and exclude all liability for, and you will not seek to hold us liable for, any claim, loss, demand or damages of any kind whatsoever (including for negligence) arising out of or in connection with your use of the Site or the Content or any other information or materials made available on or via the Site, including but not limited to erroneous information, omitted information, spelling and grammatical errors and defamatory statements in any Content.

  1. Links

The inclusion on this Site of links to third party sites does not imply any endorsement of the linked website or its content or provider.

  1. No liability for disruption or corruption

We will not be responsible for any disruption to this Site or for loss or corruption of any information whilst in transit or when downloaded onto any computer system from this Site or for any lost opportunity or sales arising from such disruption, loss or corruption.

  1. No liability for late or non-payment

We will not be liable for or in connection with, and the Seller will not seek to hold us liable for or in connection with, our late or non-payment to the Seller for sale(s) of its Content to Buyers or any other party where such late or non-payment is due to late or non-payment on the part of Buyers or any other party.

Termination

  1. Termination by us

We may terminate the account of any Member where we consider, in our sole discretion, that the Member:

  1. has breached or is likely to breach any provision of these terms of use;

  2. has or is likely to act in a manner that may, in our opinion, through association with us, bring us into disrepute;

  3. is providing Content that, in our opinion, does not meet the standards of quality or professionalism generally expected by the publishing industry.
  1. Termination by you

A Member may terminate its membership at any time by writing to us via the Contact Us form on the Site.

  1. Effect of termination

Termination or expiry of a Member’s membership will not affect any rights and remedies available to us under these terms of use that have accrued up to and including the date of termination.

Privacy

  1. Agreement to privacy policy

Our treatment of your personal information is described in our privacy policy. In agreeing to these terms of use or using the Site, you will be taken to have read and agreed to the terms of that privacy policy.

Miscellaneous

  1. Severability

If any provision of these terms of use or its application to any person or circumstances is, to any extent, held to be invalid, illegal or unenforceable for any reason by any court or tribunal of competent jurisdiction:

  1. such provision will continue to apply, to the maximum extent permitted by law, to other persons or circumstances not affected by the invalidity, illegality or unenforceability;

  2. the invalid, illegal or unenforceable provision will be deemed to be amended to reflect the original intention (as determined from this Site) as nearly as possible in accordance with applicable law in respect of those persons or circumstances giving rise to the invalidity, illegality or unenforceability; and

  3. the remainder of these terms of use shall continue in full force and effect.
  1. Revisions to terms

We may revise these terms of use at any time. Any such revisions will take effect once notified through a post or other announcement on the Site detailing the respect(s) in which the terms have changed. We may also, but are not obliged to, notify Members of such revisions via email.

  1. Governing law and jurisdiction

These terms of use are governed by and to be construed in accordance with the laws of New Zealand and you agree to submit to the jurisdiction of the New Zealand courts.

Feedback