By you submitting an article or other contribution ("Contribution") to The National Forum ABN 67 101 843 396 ("us" - also "we" and "our") for possible publication in On Line Opinion (http://www.onlineopinion.com.au) ("Journal"), you agree to be bound by this document.
Copyright and editorial matters
Copyright in the Contribution will remain with you and/or the person from whom you derive publication or republication rights.
Copyright in the form of our publication of the Contribution vests exclusively in us.
We will insert a notice in the Journal acknowledging the copyright position (in the form of "© The National Forum and contributors (year). All rights reserved.").
We may alter grammatical construction, punctuations and citations to conform with the general style of the Journal and accepted grammatical standards.
We also may edit the Contribution as we sees fit, whether for reasons of length, accuracy, legal reasons (such as potential defamation) or otherwise. We are not responsible to you for a failure to edit, or an inadequate editing of, the Contribution for legal reasons.
Generally, we will not make significant amendments to the Contribution that in our view materially alter the underlying message or substantive content of the Contribution without your permission.
You consent to us amending and publishing your amended Contribution on this basis, despite any moral rights that you otherwise could assert in respect of the Contribution.
The accuracy of the Contribution, including references and citations, is your responsibility.
You warrant to us that both at the time of submission and at the time of publication (if any) of the Contribution:
- subject to this document, you are the sole owner of copyright and all other rights in and to the Contribution.
- the grant of rights to us and others in this document will not infringe the rights of any other person or constitute a breach of any other agreement.
- the Contribution is your original work and expresses your original ideas and words (except where due acknowledgment and attribution is given).
- you have obtained copyright clearance and all other licences or permissions from the relevant rights holders for any material included in the Contribution that does not constitute fair dealing permitted under applicable copyright laws.
- the Contribution contains nothing defamatory, false, misleading or deceptive and its publication by us is lawful.
You indemnify us and our directors, officers, employees and agents against all loss, damage and expense incurred or suffered directly or indirectly by them as a result of us publishing the Contribution when any warranty is false, misleading, inaccurate or incomplete.
Our publishing rights
You grant to us a world-wide, irrevocable, perpetual, non-exclusive, unrestricted licence to:
- publish and republish the Contribution in the Journal and in our other electronic and physical publications;
- use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the Contribution, or incorporate it in other works, in whole or in part;
- use the names and images (if any) that you submit with the Contribution, including names and images identifying you as the author of the Contribution; and
- incorporate the Contribution into a product (which may be a computer program) combining text, data, audio and images in digitized form in such manner as we deem appropriate and to exploit that product,
through any device or medium for electronic, physical or other reproduction, publication, distribution or transmission, whether now or later known or developed.
We may sub-license others to do any or all of the above in relation to the Contribution.
Further assuring our rights
At our request and expense, you will execute and deliver to us all such instruments and take such other actions as may be requested by us to obtain the benefit of and perfect the licences and consents granted under this document.
The National Forum is a not-for-profit company. We may publish the Contribution without payment to you.
However, if we re-publish the Contribution in a form (other than the Journal) that directly derives income to us, we will equitably compensate you from any net profits received by us, in accordance with standard publishing industry practices from time to time.
No guarantee of publication or continuing availability
Nothing in this document shall be construed as a promise by us to publish the Contribution.
If we publish the Contribution, we may later edit it or remove it from our web site, or otherwise cease publication, at our discretion without notice or liability to you and without limiting our rights under this document.
To the extent permitted by law and subject to our obligation under this document to equitably compensate you in certain circumstances, your sole remedy against us for our breach of this document is to require us to cease future publication of the Contribution to the extent this is reasonably practical.
Others' rights to deal with your Contribution
Creative commons licence
Unless you advise us on submission of the Contribution for possible publication, others (that is, readers of the Journal) will be permitted to republish the Contribution under a limited creative commons licence. Under the terms of that licence, users are free to copy, distribute, display and perform the work under the following conditions:
- attribution - users must give the original author credit;
- non-commercial - users may not use the work for commercial purposes;
- no derivative works - users may not alter, transform, or build upon the work;
- for any reuse or distribution, users must make clear to others the licence terms of the work;
- any of these conditions can be waived if users get permission from the copyright holder; and
- users' fair use and other rights are in no way affected by the above.
A copy of the full creative commons licence terms is available at http://creativecommons.org.
If you require that others may deal with the Contribution under a different creative commons licence, you must tell us and we will endeavour to accommodate your request.
Where you do not want a creative commons licence to apply
If you do not wish that others may deal with the Contribution under a creative commons licence, you must advise us on submission of the Contribution for possible publication. In these circumstances, our web site terms will prohibit reproduction of the Contribution without the written permission of the copyright holder, apart from any fair dealing for the purposes of private study, research, criticism or review or for site users' other personal, non-commercial use.
In any event, we are not responsible to you if a third party reproduces the Contribution or otherwise infringes your rights without our permission.
You may withdraw the Contribution from consideration by written notice to us at any time prior to being advised of its acceptance or rejection.
Duration of this agreement
The rights conferred us by this document commence from when you submit the Contribution to us.
If we publish the Contribution, these rights continue forever even if the Contribution is subsequently removed from our web site. If we elect not to publish the Contribution, our rights cease immediately upon you being notified that the Contribution has been rejected.
The consideration for this document is our agreement to consider the Contribution for possible publication in the Journal.
This document is governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.