1. Registration
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User agrees to provide true, accurate and complete information as prompted by the 3D World Magazine registration and submission process and to notify us of any changes to User's personal details. If we become aware that User is not using their true identity, we reserve the right to terminate this agreement.
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2.1 All music, films, postings, messages, feedback, data, comments, information, text, audio, visuals, graphics and other material of any nature ("User Materials") that are submitted to the 3D World Magazine website must be original work or otherwise owned by User and are User's sole responsibility.
2.2 User may not post any reviews, feedback or comments directly onto the 3D World Magazine website that contains any offensive language or anything which is considered by us to be indecent, libelous, defamatory, obscene, threatening, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law. User may not use the 3D World Magazine website for any illegal or unlawful purpose including posting anything that is fraudulent, inaccurate, incomplete, false or misleading. User must not impersonate any person, group, company or entity nor disguise the origin of any message sent.
2.3 3D World Magazine shall have the right, in its sole discretion, to refuse or remove any User Materials that it believes violates or may violate these Terms and Conditions.
2.4 3D World Magazine shall have no liability or responsibility for the storage or deletion of User Materials.
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3.1 3D World Magazine does not claim ownership in User Materials, however, in consideration for 3D World Magazine agreeing to receive User Materials and, by submitting User Materials in any form to 3D World Magazine, User automatically grants to 3D World Magazine a royalty-free, world-wide, non-exclusive, sub-licensable, and assignable right and licence to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, download, distribute, publicly display and publicly perform such User Materials for the purpose of displaying and promoting the User Materials and/or the 3D World Magazine website on any website operated by, and in any related marketing materials produced by, 3D World Magazine and its affiliates (the "3D World Magazine Licence").
3.2 User acknowledges that 3D World Magazine owns all the intellectual property rights to the 3D World Magazine website and that any reproduction, distribution or publication of any content is prohibited without the express written consent of 3D World Magazine.
3.3 User may be prompted to apply a creative commons license to their User Materials. Each license is governed by the Creative Commons rules as set out in http://creativecommons.org/about/licenses/meet-the-licenses. User should note that these Creative Commons licenses apply in respect of the use of User Materials by other Users of the 3D World Magazine and not in respect to the use of User Materials by the 3D World Magazine itself.
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User represents and warrants for the benefit of 3D World Magazine and its licensees that:
(a) User is the sole copyright owner of the User Materials and owns and/or controls the rights in the User Materials submitted by User, including the rights in relation to the screenplay, the original music commissioned for such User Materials and the rights in relation to pre-existing music and other pre-existing materials incorporated into and/or synchronised with such User Materials;
(b) User has the written consent, release, and/or permission of each and every individual person in the User Materials to use the name, voice and/or likeness of each and every such individual person to enable inclusion and use of the User Materials in the manner contemplated by the 3D World Magazine website and these Terms and Conditions;
(c) User has the right to enter into this agreement and grant the 3D World Magazine Licence;
(d) There is no contract or other arrangement with any third party person, firm or corporation which will in any way interfere with or limit the 3D World Magazine Licence;
(e) Any and all costs in connection with the submission of the User Materials will be met by User;
(f) the User Materials or any material contained therein will not contain any obscene, libellous or defamatory material and the exercise by 3D World Magazine of the 3D World Magazine Licence shall not violate the moral rights of any person or violate any right of copyright, trademark or private, civil or property right or the right of privacy or any other right or names of any person whatsoever;
(g) the performing rights for all or any musical compositions contained in the User Materials are:
1. Controlled by Broadcast Music Inc, American Society of Composers, Authors and Publishers, Society of European Stage Authors and Composers Inc or the Performing Rights Society Limited, or the Australian Performing Right Association Limited or such other similar collection society, or
2. In the public domain, or
3. Controlled by User;
(h) the User Materials shall be free and clear of all fees, performers residuals, archive fees, copyright clearance (including all music & video rights) and in the case of video; copying fees and similar (including, but not limited to, recording synchronisation, mechanical, dubbing, re-dubbing, subtitling and/or distribution royalties, guild or union residual repeat re-run fees and payments), which said fees shall have been fully paid for or met by User;
(i) the User Materials comply with all screen and advertising credit obligations and any other contractual obligations to third parties connected with the User Materials.
If requested by 3D World Magazine, User will furnish to 3D World Magazine all requested necessary information concerning the title, rights to the User Materials, its ownership, and the composer and publisher of all music and other copyrighted or protected material in or related to the User Materials including, but not limited to, the music cue sheet and copies of all relevant duly executed music licences or use agreements.
- 5.1 User acknowledges that 3D World Magazine does not accept any liability for, nor guarantees the accuracy of, any User Materials that appear on the 3D World Magazine website.
5.2 3D World Magazine is operated on an ‘as is' basis without warranties of any kind and with all risks. 3D World Magazine hereby disclaims to the maximum extent permitted by law:
(a) all warranties either expressed or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose; availability of the 3D World Magazine website; lack of viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information on the 3D World Magazine website; and
(b) any duties of reasonable care, workmanlike effort or negligence in connection with the site, applications, or related information.
5.3 User is responsible for the content User submits or posts (or any person using User's password) and User agrees to indemnify and hold 3D World Magazine, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including legal fees, arising out of User content and User Materials, use by User of the 3D World Magazine website, violation by User of these Terms and Conditions or violation by User of any third party's rights including such party's copyrights and trademarks.
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6.1 3D World Magazine reserves the right to terminate, suspend, restrict, or attach conditions to any User, with immediate effect, entirely at our own discretion for any reason that we consider appropriate at any time.
6.2 3D World Magazine does not guarantee to post User Materials on the 3D World Magazine website. 3D World Magazine may remove the User Materials at any time in its sole discretion.
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We will respect the privacy of User's personal information in accordance with our Privacy Policy. We do reserve the right to use User's email address for marketing relevant to the 3D World Magazine website. In registering for the service and subscribing to the newsletter User expressly consents to User's email address being included in the 3D World Magazine email list. If at any time User objects to the use of User's email address in this way User may email us stating the address User would like removed or unsubscribe using the link at the bottom of the newsletter.
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8.1 User may not transmit junk email, spam, unsolicited email in any form including bulk email, commercial or otherwise either through the 3D World Magazine website or to any User of 3D World Magazine.
8.2 User may not engage in harvesting or otherwise collecting information including email addresses about other Users.
8.3 User agrees to discontinue any communication with any other User of the 3D World Magazine website if that person so requests.
8.4 3D World Magazine may amend or modify these Terms and Conditions at any time by notifying User either by email or on the site.
These Terms and Conditions, as amended, User registration forms, and the disclosures provided by 3D World Magazine and the consents provided by User, constitute the entire agreement between User and 3D World Magazine. If any provision of these Terms and Conditions and/or the Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and/or the Privacy Policy, as applicable, and shall not affect the validity and enforceability of any remaining provisions. 3D World Magazine' failure to act with respect to a breach by User or others does not waive 3D World Magazine' right to act with respect to subsequent or similar breaches.
8.6 In the event that the 3D World Magazine website displays or advertises promotions, services or products which are offered by other parties or other individual Users and User takes advantage of such offers then User's contractual relationship is with that third party.
8.7 This Agreement is governed by the law in force in New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of the place specified in New South Wales, Australia and courts of appeal from them.
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