CMAA Digital Content Syndicating Terms

TERMS AND CONDITIONS FOR SUBMISSION OF CONTENT TO THE CHRISTIAN MEDIA AUSTRALIA DIGITAL HUB

INTRODUCTION

  1. Christian Media & Arts Australia Limited ABN 90 900 267 077 (CMAA) is the peak industry body representing Christian media communicators in Australia.
  2. You are or will be the owner of, or have or will have the authority to grant all necessary rights for, the Content.
  3. CMAA operates the CMAA Hub and you agree to licence the Content to CMAA as part of the CMAA Content in accordance with these terms and conditions.

DEFINITIONS AND INTERPRETATION

Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in the place to which the notice or other communication is sent.

CMAA Content means Multimedia Content made available by CMAA via the CMAA Hub to the CMAA Hub Participants.

CMAA Hub means the digital hub web portal https://www.cmaadigital.com owned and operated by CMAA for, amongst other things:

(a)           receiving and storing Multimedia Content:

(i)            supplied by members of CMAA and/or third party content providers; or

(ii)           created by CMAA;

and

(b)           disseminating Multimedia Content to CMAA Hub Participants.

CMA Hub Participant means each member of CMAA with whom CMAA enters into a CMAA Hub Participation Agreement.

CMA Hub Participants’ Hub Access Rights means the rights to access the CMAA Hub for the purpose of receiving CMAA Content.

CMAA Hub Participants’ Licensed Rights means the right to use the CMAA Content for the purpose only of display on CMAA Hub Participants’ Websites.

CMAA Hub Participants’ Websites means the website or websites of CMAA Hub Participants and the CMAA Hub Participants’ associated email communications and social media communications.

CMAA Hub Participation Agreement means an agreement between CMAA and a CMAA member setting out the terms on conditions under which, amongst other things, CMAA grants to the member the CMAA Hub Participants’ Hub Access Rights and the CMAA Hub Participants’ Licensed Rights.

Content means Multimedia Content provided by you to CMAA.

Content Licensed Rights means the rights to use the Content as part of the CMAA Content for display on CMAA Hub Participants’ Websites in accordance with the terms of the CMAA Hub Participation Agreements.

Multimedia Content means clean and positive content that reflects the values of CMAA in the form of written, visual, audio and audio-visual content (including podcasts and video recordings) comprising comments, messages, programs and series, radio interviews, articles, blogs and the like dealing with matters such as:

  • faith;
  • relationships;
  • health and lifestyle;
  • human interest stories; and
  • current affairs and topical issues,

and other matters that CMAA, acting reasonably, considers to be appropriate for the purposes of the CMAA Hub.

Term means the period during which these terms and conditions remain in force.

 

  1. TERM
    • These terms and conditions bind both you and CMAA until terminated in accordance with clause 2.2.
    • Either party may terminate these terms and conditions by notice in writing to the other party and such termination will take effect 30 days after receipt of that written notice by the other party.
    • As from the date of termination :

(a)        CMAA will have no further right to exploit the rights granted to it under these terms and conditions; and

(b)        CMAA will remove the Content from the CMAA Hub and will instruct each CMAA Hub Participant to remove the Content from the CMAA Hub Participant’s Websites.

  • You acknowledge and agree that CMAA is not liable to you or any other person if a CMAA Hub Participant does not comply with an instruction under clause 2.3(b) to remove Content from the CMAA Hub Participant’s Websites.
  1. GRANT OF RIGHTS
    • For valuable consideration received by you, you grant the Content Licensed Rights to CMAA for the Term as set out in these terms and conditions.
    • Unless agreed in writing between you and CMAA prior to submission of the Content, you agree that you will not be paid any money for the rights granted under clause 3.1.
  2. CONTENT
    • CMAA agrees that:
      • it will not edit, amend, alter or misuse the Content in any way without your prior written consent;
      • except as expressly contemplated by these terms and conditions, it will not provide CMAA Content to any other person for any reason including, without limitation, for broadcast, transmission or other dissemination by that person; and
      • it will not falsely represent, expressly or impliedly, that CMAA is the original creator of a visual work that derives a substantial part of its artistic components from the Content.
    • As between you and CMAA, you are the owner of all intellectual property rights (including, without limitation, copyright) in the Content. All rights in the Content, other than those expressly granted to CMAA under these terms and conditions, are expressly reserved to by you.
  3. WARRANTIES AND LIABILITY
    • You warrant to CMAA (for the benefit of CMAA and of each of the CMAA Hub Participants) that:
      • you have all necessary rights and authority to enter into and perform these terms and conditions; and
      • CMAA’s use and the CMAA Hub Participants’ use of the Content in accordance with these terms and conditions and in the form delivered by you will not infringe or violate any copyright, “moral rights” (including in relation to a work or subject matter other than a work, rights of integrity of authorship, rights of attribution of authorship, rights not to have authorship falsely attributed and rights of an analogous nature which may now exist or which may exist in the future), trademark or any other protected right of or agreement with, any person, nor will the same constitute an actionable defamation any person; and
      • the performing rights in any music contained in the Content will be:

(i)       controlled by performing rights societies having jurisdiction in Australia; or

(ii)      in the public domain; or

(iii)     controlled by you to the extent necessary for CMAA and the CMAA Hub Participants to exercise the rights granted by you under these terms and conditions,

provided that nothing contained in this clause 5.1(c) will limit or reduce the obligation, if any, owed by CMAA and/or CMAA Hub Participants for the payment of public performance license fees/royalties for the use of the Content on the CMAA Hub and/or the CMA Hub Participants’, as are customarily paid by them in the usual course of business.

  • CMAA warrants to you that CMAA has all necessary rights and authority to enter into and perform these terms and conditions.
  • CMAA will not be liable to you or any other person or entity for any punitive, special, indirect, consequential or incidental losses arising out of this Agreement, even if CMAA has been advised of the possibility of such damages, costs or losses.
  • CMAA will not be liable for any damages, costs or losses arising out of or as a result of:
    • any CMAA Hub Participant’s alteration, amendment, editing, modification, overlay or re-focusing of the Content, or
    • any CMAA Hub Participant’s continued use of the Content following notice from CMAA or you, or upon the CMAA Hub Participant’s knowledge, that the Content is subject to a claim of infringement of another’s right.
  1. NOTICES
    • A notice, demand, consent or communication under these terms and conditions(“Notice”) must be:

(a)        in writing and in English directed to the recipient’s address specified in Schedule 1, as varied by any Notice; and

(b)        hand delivered or sent by pre-paid post or email to that address.

  • A Notice given in accordance with clause 6.1 takes effect when received (or at a later time specified in it), and is taken to be received:

(a)        if hand delivered, on delivery;

(b)        if sent by prepaid post, two (2) Business Days after the date of posting (or seven (7) Business Days after the date of posting if the recipient’s address for Notices is outside the country of the person giving the Notice);

(c)        in the case of electronic mail, at the time it is sent as evidenced by a record at the sender’s computer,

but if the delivery, receipt or transmission is not on a Business Day or after 5.00pm on a Business Day, the notice is taken to be received at 9.00am on the Business Day after that delivery, receipt or transmission.

  1. MISCELLANEOUS
    • These terms and conditions may only be altered by CMAA and only by written notice (including by email) to you.
    • Except where these terms and conditions expressly state otherwise, a party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under these terms and conditions.
    • These terms and conditions constitute the entire agreement between the parties in connection with their subject matter and supersede all previous agreements or understandings between the parties in connection with their subject matter.
    • Unless expressly stated, these terms and conditions do not create a relationship of employment, trust, agency or partnership between the parties.
    • These terms and conditions are governed by the law of New South Wales, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.