MEDIA BEACH MOBILE APPLICATION - USER TERMS

between Media Beach Mobile Application user and Media Beach Member

 

The Media Beach Mobile Application (the App) allows you:

  1. as an approved employee or independent contractor of a Media Beach member; or

  2. as a member of the public invited to submit Content to the Media Beach member,

to register with the Media Beach member to whom you want to upload Content once you are registered (the Affiliated Customer).

When you submit Content using the App, the Affiliated Customer will own such Content and/or receive an exclusive license for such Content and you will have waived or given a consent for any and all moral rights you may have had in such Content and the Affiliated Customer may publish such Content on the Media Beach Exchange at mediabeach.com, or an equivalent or replacement link, through its Media Beach account, and may otherwise publish or use such Content in any other media.

These terms set out the basis on which you provide Content to the Affiliated Customer and how the Affiliated Customer can use such Content. These terms are intended to be a legally binding contract between you and the Affiliated Customer.

Content in these terms means any video files (including audio visual content, graphics, sounds and music), audio files, live streams, photos, text and/or other material which you upload using the App.

 

Obtaining the App

We agree to use our reasonable efforts to require that Media Beach Pte. Ltd. (company number 201429004E) offers to provide the App to you. You must obtain the App from one of the online distributors through which Media Beach Pte Ltd. makes the App available. You will be responsible for meeting any requirements established by Media Beach Pte. Ltd. to qualify to receive the App.

Use of App

You agree:

  • you are over 18 years old;
  • to comply with these terms from the time you register using the App;
  • to comply with any directions of your Affiliated Customer in relation to the supply of Content;
  • to comply with the terms of the App software licence between you and Media Beach Pte. Ltd.; and
  • not to submit content which may breach any law or regulation, or which may infringe any rights of third parties including intellectual property rights or privacy and personality rights.

Grant of rights to Affiliated Customer

You hereby assign to the Affiliated Customer all right, title and interest including all intellectual property rights throughout the world in the Content on the uploading of such Content using the App.

To the extent that such assignment is invalid in any country, you also hereby grant to the Affiliated Customer an exclusive licence for that country to exercise all rights in the Content.

You acknowledge and agree that such assignment or licence permits the Affiliated Customer to publish, sell, licence or exercise other rights in the Content on the Media Beach Exchange and otherwise publish, sell, licence or exercise rights in the Content in any other media.

You acknowledge and agree that no payment is due to you for the foregoing assignment or licence, or from any exploitation or use of the Content by the Affiliated Customer or Media Beach Pte. Ltd. or any of the member of the Media Beach Exchange or anyone else who might be granted ownership or license rights under or through the auspices of the Media Beach Exchange, or exercise in any other media.

You agree that the Affiliated Customer and any purchaser or licensee of the Content may exercise all rights in the Content and use the Content in any way, including:

  • without attributing you as the author, photographer or creator of the Content; and
  • by re-sizing or otherwise changing the appearance of the Content,

and you consent to such acts and omissions and to the extent possible waive all moral rights in the Content. 

Media Beach Exchange

You agree that:

  • the Affiliated Customer has no obligation to upload the Content on the Media Beach Exchange; and
  • any sale or licence on the Media Beach Exchange of Content uploaded by you via the App is a sale or licence by the Affiliated Customer and you receive no payment from any such sale or licence or any other exploitation of the Content.

You acknowledge that the Affiliated Customer agrees to certain obligations for its membership of the Media Beach Exchange including obligations in relation to the Content based on the obligations you agree to in these terms.

Warranties

You warrant to the Affiliated Customer that:

  • the Content was created solely by you and no other person assisted you;
  • you own all intellectual property rights in the Content and you are entitled to assign, licence and provide consents or waivers in respect to the Content in the way set out in these terms;
  • you have not granted any rights in any of the Content to any other person and the Content is not subject to any other restrictions on the way it can be used or otherwise exploited (e.g. confidentiality restrictions);
  • any use or other exploitation of the Content by the Affiliated Customer or anyone else will not infringe, misappropriate or otherwise violate the rights (including the intellectual property, personality or privacy rights) of any third party or breach any law;
  • the Content is not subject to any confidentiality or other restriction;
  • the Content is not obscene and does not contain any pornography;
  • the Content does not contain any viruses or other computer routines that may impact on any computer system and you are not aware of any circumstances which might have an adverse effect on the ability of the Affiliated Customer or anyone else to use the Content; and
  • you have written consent from any person who appears in the Content or who owns works comprised in the Content to use their image or works in the way set out in these terms.

Other

These terms are governed by the laws of the jurisdiction in which the Affiliated Customer has its principal place of business and you submit to the non-exclusive jurisdiction of the courts of that country.

These terms may be amended or updated by your Affiliated Customer from time to time and the Affiliated Customer will provide notice of any such change. You agree that you are bound by such amendments and by uploading any Content after you have received notice of the change you signify that you accept the amended or updated terms.

You agree to cease uploading Content and cease using the App in respect of the Affiliated Customer immediately on ceasing to be affiliated with the Affiliated Customer as an employee/contractor or as a member of the public who was invited to submit content. You agree that any assignments, licences, consents and/or waivers already granted in respect of Content uploaded prior to such time, and the other provisions of these terms shall continue to apply in respect of such Content.