Last review 21 April 2021
Please note
This set of terms and conditions is a preliminary document aimed to outline the terms and conditions applicable to the submission of content via the 8Billion platform. In due course the platform will become more widely utilised for content viewing by the public, commenting on uploaded content by individuals who have registered on the platform as well as content submissions. This document will be updated to reflect additional terms and conditions as they become applicable from time to time.
Furthermore, the platform’s privacy policy and cookie policy will also be published on the website in due course. For the time being, please feel free to reach out to the Resilient Foundation, who is currently charged with the operational management of the 8Billion platform, for more information on the use of cookies and our approach to the privacy of your data.
Individual release and license:
I am submitting a story ( which shall include any related images, video, or audio material, collectively, the “Story”) to the Resilient Foundation, its assignees, partners and licensees (collectively “RF”) via the story sharing feature of the 8Billion website (the “Website”). In the context of possible collaboration with other companies or partners, RF reserves the right to share the Story, partially or wholly, on partner platforms and websites including but not limited to the WaterBear platform and with WWF as may be determined by RF on a case-by-case basis.
The Story is submitted on the following conditions:
1. I am over 18 years of age.
2. I represent and warrant that I am the sole author of the Story and that it is my work; that the Story is original, true and not misleading; that I am the present and sole owner of all right, title, and interest in and to the Story including the copyright; that I have the exclusive, unconditional right and authority to submit and convey the Story to RF, upon the terms and conditions set forth herein; and that no third party is entitled to any payment or other consideration as a condition of the exploitation of the Story.
3. I confirm that I filmed the Story with the permission of the subject(s) and/or venue/location and that I have all necessary rights, clearances, permissions and releases with respect to all persons and elements contained/featured in the Story, in order to allow RF to broadcast and otherwise distribute the fully cleared Story. Where the Story features any persons under 18 years old, I have obtained the consent of their parent/guardian.
4. I confirm the Story does not (i) infringe on the rights of any other person including but not limited to their right of privacy or publicity, moral rights and/or intellectual property rights including copyright; (ii) contain hate speech, violence, slanderous or libelous claims, sex, profanity or offensive material; (iii) attack individuals or organisations; (iv) violate any other law and/or (v) is not subject to any litigation or threatened by any litigation.
5. The copyright in the Story remains with me however, I hereby grant (and release to) RF a perpetual, worldwide, royalty free and free of charge, transferable and sublicensable license, in order to publish, use for advertising, campaigns or publicity or wider communication purposes, and otherwise use the Story (or any portion or derivation thereof) in any manner or media, including without limitation, the right of RF and the Website to exploit the licence in the Story by means of digital, web, print, video, audio, and all other media (including, without limitation, any and all online and social media).I agree that I will not be entitled to any compensation as a result of the use of my Story. I freely give my informed consent for the use of my name, the location, artistic materials, text and/or biographical information as provided by me and that any and all such elements may be used by RF as it sees fit. I waive any so-called moral rights (as applicable under law) in my contribution and submission.
6. I understand that RF and the Website may edit, copy, re-create or adapt my Story in any manner and that RF and the Website may create, publish, and otherwise use fictionalized or dramatized, short form or animated versions of the Story, and I hereby grant RF the right to fictionalize, dramatize, shorten, animate and adapt the Story without limitation.
7. I further understand that RF would refuse to receive the Story in the absence of my acceptance of each and all of the provisions of this release and license and that the Story would not be eligible for use by RF or for use on the Website. If the Story does not comply with RF’s technical, artistic, editorial or legal specifications, or if the Story is incomplete or illegible, RF shall be under no obligation to use the Story or to notify me. RF is under no obligation to exploit, distribute and/or exhibit the Story and I shall have no claim against RF and/or the Website in this regard.
8. I further acknowledge and agree that third parties may provide feedback or comments to my Story on the Website and neither RF and/or the Website shall be responsible or liable for any such feedback or comments. RF is not responsible for IP violations that might have resulted through the submission of the Story to RF for use on the Website. I acknowledge that the inclusion of the Story on the Website or other media by RF in no manner constitutes an endorsement or support by RF of my views or aims.
9. I agree to indemnify RF (and its owners, affiliates, officers, employees, licensees, assignees and agents) from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys’ fees ) that may be asserted against RF or incurred by RF at any time in connection with the Story, or any use thereof, including without limitation those arising from any breach of the warranties, obligations, representations and promises given by me herein.
10. I have retained at least one copy of the Story, and I release RF from any and all liability for any loss, damage, misdirection or otherwise to the Story as submitted to RF hereunder. RF and/or the Website, is not responsible for any technical errors in telecommunications networks, internet access or otherwise which prevents access or submission to the Website. Neither party shall be liable for any event which is beyond its reasonable cause (commonly known as ‘Force Majeure’) in the submission and use of the Story. In submitting the Story, I waive to the full extent permissible by law, any and all claims which I may have against RF.
11.RF may assign, license, or sublicense its rights hereunder. This release and license will inure to the benefit of any heirs, successors, representatives, assigns, and licensees of RF, and any such heir, successor, representative, assign, or licensee will be deemed a third party beneficiary under this release and license.
12. The terms and conditions of this release and license are confidential, and I agree that RF shall approve in writing any statement, advertisement, press release or similar communication in any media relating to the submission of the Story to RF and to the Website.
13. The grants, rights, and releases made hereby are irrevocable. Should any provision or part of any provision of this release and license be void or unenforceable, such provision or part thereof will be deemed omitted, and this release and license with such provision or part thereof omitted will remain in full force and effect.
14.This release and license will be governed by the laws of the Netherlands and the courts of Amsterdam shall have exclusive jurisdiction.
15.RF shall comply with all applicable data protection legislation (GDPR, EU) in this release and license and I acknowledge that the personal information provided to RF by me shall only be used for the purposes as detailed herein. I specifically acknowledge that parties may share their email addresses on the Website in a chat space as well as off-site via email to encourage the free flow of ideas and information in order to start local initiatives as depicted in the stories on the Website. Therefore, I hereby agree that personal details such as names and emails may be used by RF, the Website and their partners for further projects and campaigns. I am entitled to access, cancel, oppose and rectify details about my personal data (such as names, emails and addresses) contained by RF and on the Website by sending a request by email to the nominated data protection officer at RF.
16. I have read and understand this release and license and no oral representations of any kind have been made to me. This release and license states our entire understanding with reference to the subject matter hereof.
