Mamamia.com.au Pty Ltd
(ACN 105 572 192) of Level 18, 100 William Street Woolloomooloo NSW 2011
- Together with the mutual promises and obligations contained herein and by way of other good and sufficient consideration, contributors submitting written content and images to Mamamia acknowledge and agree that:
(a) the Contributor will provide works and subject-matter for potential publication (“Content”) to Mamamia from time to time, in accordance with these Terms and Conditions; and
(b) in return for the Content, Mamamia shall publish and distribute the Content to its audience via its websites, social media platforms, other third party media platforms (“Platforms”) and provide credit to the Contributor in accordance with these terms & conditions.
- On each occasion that the Contributor provides Content, Mamamia agrees that it shall:
(a) assess the Content and consider whether to publish it on the Platforms; and
(b) publish and distribute the Content to its audience (subject to the above approval).
- The Parties acknowledge and agree that:
(a) Mamamia will enjoy an exclusive, irrevocable, royalty-free licence to reproduce in material form, publish, communicate to the public and adapt (for stylistic or legal purposes) the Content;
(b) Without limiting the Contributor’s right to receive credit under clause 5, the Contributor will automatically consent to and unconditionally and irrevocably waive any past, present or future acts or omissions by Mamamia in relation to the Content that would otherwise constitute infringement of any of the Contributor’s moral rights;
(c) Mamamia will be entitled to sublicense or assign its rights under these Terms & Conditions to third parties, including the licence in relation to the Content;
- The Contributor represents, warrants and agrees that (unless the Contributor expressly advises in writing at the time of communicating any Content):
(a) the Content will be original and will not infringe any third parties’ rights under the Copyright Act 1968 (Cth) or equivalent legislation; and that contributors have secured distribution rights for all images submitted; and
(b) the Content will not convey any defamatory imputations of and concerning third parties; and
(c) the Contributor will indemnify Mamamia in relation to any losses, demands or other liabilities arising from any breach or failure of the Contributor’s express warranties in this clause.
- In any dealings with the Content, Mamamia agrees to include a credit/acknowledgement of the Contributor in the form agreed between the Parties. No casual or inadvertent failure to accord the credit in accordance with this Agreement shall constitute a breach of this Agreement by Mamamia but Mamamia agrees to use reasonable efforts to correct any such failure if capable of rectification on a prospective basis promptly upon notification by the Contributor.
- The Contributor acknowledges and agrees that it may be classified as an “Author” on the Author’s section or page of the applicable Platform, if relevant.
- Without limiting either party’s equitable rights and remedies in relation to confidential information, the Contributor agrees not to disclose the terms and conditions of without the prior written consent of Mamamia, except as required by law or to professional advisers to obtain advice.
- Both Parties agree to comply with all applicable jurisdictional privacy and data laws, regulations and policies when collecting, using or storing consumer data (whether personally or non-personally identifiable).
- These Terms & Conditions are governed by the laws of New South Wales, Australia and both parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
- In the event of any clause or any part of a clause of these terms being invalid, illegal, unlawful or otherwise incapable of enforcement, that clause or part of a clause shall be deemed to be severed and to be of no force and effect. All other clauses and parts of clauses shall nevertheless prevail and shall remain in full force and effect and no clause or part of a clause shall be construed to be dependent on any other clause or part of a clause unless stated in these terms & conditions.