TERMS AND CONDITIONS FOR USER GENERATED CONTENT / CITIZEN JOURNALISM FOR 26/11 COMMERORATION EVENT
The terms and conditions and policy with respect to the use by the website http://www.indianexpress.com for hosting and sharing of User Generated Content are as follows :
1. User Generated Content
1.1 User Generated Content (“UGC”) or Citizen Journalism (“CJ”) refers to media content that is produced by viewers/readers/users/audience, and not by the proprietors/managers of the website (“us” or “we” or “our”), independent producers or individual contributors, hired or commissioned by us.
1.2 UGC or CJ is not limited to digital video, photographs, images, mobile text messages, blogging, message boards, emails and audio submissions.
2. Eligibility Criterion for submission of UGC/ CJ
2.1 When viewers/readers/users/audience (“you”) submit content to or share material with us, you must only submit/share your own original content or if your content does contain the work(s) of others (e.g. music, images, photographs, text, and/or video) you must have at your own cost obtained the necessary rights, licenses or permissions to use that material.
2.2 If your content clearly identifies anyone else you will need to ensure that they have given you consent to the content being used by us for the purposes for which you submitted it and/or any other uses by us. Where your content clearly identifies children you must ensure that their parent or guardian has provided you with consent as set out above.
2.3 We also require that you do not submit/share any content that is false, incorrect, defamatory, obscene, abusive, offensive, contains nudity/ pornography, contains hate speech, generates ill will on basis of general, religion, caste, community, language or on any other grounds, constitutes breach of privacy, breach of publicity, infringes intellectual property of another, and/or is illegal, immoral or contrary to public policy, in any way. Any content deemed incorrect or inappropriate, by us or otherwise covered above, shall be rejected or taken down by us at our sole discretion. If in doubt, please do not share /submit your content with us. The content should also not promote or advertise any product or service, or have product placement, for commercial consideration.
3. Rights and liabilities of the users submitting content
3.1 Once you submit any content to or share any material, with us (not limited to text, photographs, graphics, video or audio) you will retain the copyright in your original work; and grant to us a non exclusive, royalty free, world wide license to us, ie a permission for us to use, display, upload, edit, archive, translate and sub-license, the content you can also continue to use your content in any way you wish including using it yourself and/or permitting others to use it.
3.2 We will use our reasonable endeavours to credit UGC or CJ submitted to or shared with us where that content features in or is showcased on any of our services, subject always to operational and technical limitations when it will not always be possible. If you would prefer for us not to credit you publicly for whatever reason please let us know when submitting your material so we can say “CJ’s name withheld on request” or similar.
3.3 Where you share your content with us that is located on a third party website such as Flickr, YouTube, Twitter or MySpace we will also use our reasonable endeavours to link back to the original location of that content if technically and editorially possible.
3.4 You have by submitting or sharing content with us, represent, warrant, confirm, assure and undertake to us the following: that you have the full legal right, absolute power and authority to grant to us the said licenses [in clause 3.1 above] and provided for herein; that you own or control the UGC; that the content submitted by you is for the purposes contemplated hereunder; that you have made complete, correct and current disclosures relating to the content; and that neither the materials nor the exercise of the rights and licenses granted herein shall infringe or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any applicable law or any other right of, any person or entity or be contrary to clause 2.3 above.
3.5 You undertake to be fully responsible for the UGC or CJ submitted and shared by you and further undertake to keep IE Online, its affiliates, and their respective directors, employees, representatives and members [“indemnified parties”] fully indemnified against any claim, demand, liability, expenses, proceedings or legal action initiated or threatened against the indemnified parties on account of the UGC or CJ submitted or shared by you to us. We may (but shall not be bound) to contact you to authenticate or verify your content and/or information provided and/or obtain further information about your work/ content. If we are unable to contact you for any reason whatsoever, we may be unable to use your content for the particular purpose for which it was submitted or shared.
4. Representations of the IE Online Media Services Pvt Ltd
4.1 IE Online Media Services Pvt Ltd (“IE Online”) and its Affiliates represent that it /they shall take serious note of any complaints received from third parties or law enforcement agencies regarding the UGC or CJ hosted and shared on its website. It is clarified that IEOnline and its Affiliates shall not be liable for UGC or CJ content or any part thereof, not limited to any use, display, upload, edit, archive, translation and/or sub-license, thereof, for which sole responsibility shall lie with you.
4.2 That it shall endeavour to remove any content which is, or which is alleged to be, illegal, immoral or contrary to be public policy and /or contrary to IEOnline terms & conditions, within two clear working days of it being brought to our notice in the manner set out hereunder or if it is the opinion of IEOnline or its legal advisers to so remove. Such removal shall be without prejudice to the merits of the complaint received.
4.3 We may receive a large amount of UGC or CJ in various forms every day. Given the potentially large quantities of UGC or CJ submitted/shared, it may not be possible to use every individual piece of content or check its veracity. We therefore try to take a selection of the content that is submitted or shared with us and showcase as much of the best UGC or CJ as possible. The decision by IEOnline team will be final and binding.
4.4 Generally, we do not amend, edit, modify or alter any UGC or CJ submitted to or shared with us, subject to technical or operational limitations and requirements, it may be necessary to amend or edit content such as cropping images, add sub titles where audio is unclear, to be able to use them. We shall use reasonable efforts not to make material editorial changes to your work without your consent.
4.5 We will endeavour to keep UGC or CJ for the duration of the purpose(s) for which it was submitted. We may (but shall not be bound to) however archive, keep records and/ or store UGC or CJ for longer periods of time or potentially indefinitely.
4.6 Use, display, upload, edit, archive, storage, translation and/or sub-license of UGC or CJ shall constitute acceptance and consideration hereunder. We shall not pay for UGC or CJ submitted or shared hereunder.
5. Complaints relating to UGC or CJ :
5.1 Any complaint relating to UGC or CJ should be provided in writing with information to clearly identify the complainant, postal address, email id and cell number where communications may be sent, the subject matter of the complaint, the grounds of complaint, and supporting documents. A declaration will also be required. Please arrange to send information as follows:
– Full name
– Postal residential address
– Email id
– Cell Number / Telephone number
– Title & link of UGC or CJ which is subject matter of the complaint
– Set out the nature of the grievance eg if sentences are alleged to be defamatory, set out the sentences;
– Date when the complaint was first noticed
– If any supporting documents or material is relied upon, please annex the same eg Court order
– Sign the following declaration – I ………..[add name] say that the complaint made by me is in good faith and the information and/or documents provided in support of my complaint, are true, complete and current in all respects and nothing therein is false. I have not suppressed any material information or documents. I confirm my complaint is not / is the sub judice.
– The complaint should be signed or digital signature affixed.
5.2 The complaint should be sent to the Complaint Cell, IE Online Media Services Pvt Ltd, Express Building, B1/B, Sector 10, Noida, 201301, Gautam Budh Nagar, UP, by registered post AD or email to email@example.com with information set out in clause 5.1.
6.1 Exclusion: IEonline and its Affiliates shall not be responsible for any deterioration or suspension of UGC or CJ due to technical, operational or other reasons.
6.2 Jurisdiction: Any dispute or complaint shall be subject to the exclusive jurisdiction of the courts of Delhi.