Terms of Service and use
- Terms of Service and use ("Terms")
Bylineme is an online marketplace for articles, pictures and videos – where journalists, writers, bloggers, photographers and others can upload their content on to the marketplace, so that publishers, companies and other purchasers can buy and download the content from the website (hereinafter called the “Service”).
Throughout these Terms the users who post and upload their content on the Service are called journalists (“Journalists”), and the users who purchase and download content are called publishers (“Publishers”).
These Terms govern the use of the Service and the sales of the content made available through the Service.
Please read these Terms carefully before using our Service.
- 1. Your Use of the Service
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users who access or use the Service, both Publishers and Journalists.
If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms.
- 2. Content
Our Service allows Journalists to upload and make available articles, pictures and videos ("Content") on to the Service. You as a Journalist are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
Our Service allows Journalists to sell the Content made available through the Service to Publishers and other users of the Service.
- 3. Journalists use of our Service
You as a Journalist, understand and agree that you are solely responsible for your own Content and the consequences of posting, publishing or selling it. Bylineme does not endorse any Content, and Bylineme expressly disclaims any and all liability in connection with the Content.
You as a Journalist, represent and warrant that you have all necessary licenses, rights, consents, and permissions which are required to enable Bylineme to use your Content for the purposes of the Service, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
You must not upload, make available or otherwise communicate on the Service any Content to which you do not hold the necessary rights (including the right to resell). In particular, you must ensure that you have the right to use, post, make available or otherwise upload any videos and pictures. If your Content depicts a person, it is your responsibility to ensure that you have the necessary consent from the depicted.
You as a Journalist, guarantees that the Content you upload to the Service will not contain any third party copyrighted material, or material that is subject to other third party proprietary rights, without the consent from the rightful owner, or are otherwise legally entitled, to post the material in question.
You, as a Journalist, shall not use the Service to upload or sell any Content that is offensive, racist, sexually explicit, ethnically or culturally offensive, or is in any way in violation of our ethical guidelines.
Your use of the Service is free of charge, however, the price of the Content will include/[or will be presented with our fee]. The fee structure will be available at […], and may be updated from time to time according to the procedure in these Terms section 14.
- 4. Publishers Purchase of Content
By uploading Content on to the Service, the Journalist offers to you the Publishers, the right to purchase the uploaded Content from the Journalist.
By placing an order for Content made available through the Service, you as a Publisher and a purchaser of such Content, enter into a binding agreement with the Journalist who owns the Content in question.
The contract will only be formed when the Content is made available for download from the Service and Bylineme have received payment for the Content.
Bylineme reserve the right to refuse or cancel the Publisher’s order at any time. Bylineme also reserve the right to refuse or cancel your order if an unauthorised or illegal transaction is suspected.
- 5. Publishers Use of the Content and our Service
You, as a Publisher, agree that the Content you purchase from the Service not shall be used to promote offensive, racist, sexually explicit, ethnically or culturally offensive, illegal acts or any other acts that is in violation of our ethical guidelines.
It is your responsibility to clarify, through Bylineme, in writing, with the Journalist, any use of the Content that does not fall under the descriptions in these Terms.
Changes or modifications you make to the Content are limited to editorial changes. Other changes or modifications require the Journalist’s written consent.
You, as the Publisher and the buyer of the Content, hereby agree that you will not, sell, rent, lend, modify or adapt the Content to anyone else. The Publisher is not granted any rights other than those expressly set out in these terms. For the avoidance of doubt it also follows from this that the License provided to the Publisher may be transferred to a sister, daughter or mother company.
You, as the Publisher, and user of the Service, following a period of 12 months after your last activity on our Service, hereby warrant that you will not contact, or buy articles, from any of the Journalists that use our Service. Such a purchase, or contract, will make you liable for our economic loss.
- 6. Price and Payment
The price of any Content will be as quoted on the purchase order at the current time. Unless specified otherwise, any reference in these Terms, or elsewhere in the contractual relationship between the parties, to an amount payable, is a reference to that amount payable without value added tax.
- 7. Grant of License by the Journalist
You as a Journalist, hereby grants to Bylineme, and whoever Bylineme chooses to license the Content to, a royalty-free, worldwide or country-exclusive – depending on your restriction on the Content – license to make the Content available for sale to other Publishers and users of the Service.
By using the Service you a as a Journalist grant to the Publishers, or others users of the Service, a perpetual, royalty-free, non-exclusive or exclusive and worldwide or countrybased – depending on your restriction on the Content – license to use the Content any way the publisher or other users of our services sees fit, with the exceptions provided in these Terms. The payment provided for the Content in question is considered the full and final payment for said Content.
You, as a Journalist, have the right to use the Content for your own personal use and as promotion for your own portfolio.
12 months after the purchase, the license granted to the Publisher to use the Content, provided it is an exclusive license, will return to you as a Journalist, and the Publisher will be granted a non-exclusive license to use the same Content.
- 8. Restrictions on License Grants
You, as a Journalist, can limit and restrict the availability of certain of your Content to other users and Publishers, hereunder to worldwide or country-exclusive availability, at any time, using the settings on your personal page subject to the provisions of the Disclaimer section below.
As a Journalist, you can remove or delete your Content from the Service at any time. The above licenses granted by you terminate when you remove or delete your Content, however, if the Content already is sold, the granted license cannot be terminated.
The licenses granted by you as a Journalist, in this section are granted separately with respect to each article, picture or video that you upload to the Service.
Copyright protected material within your Content may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Service.
- 9. Bylineme’s Intellectual Property Rights
The Service and its original content (excluding Content provided by Journalists), features and functionality are and will remain the exclusive property of Bylineme. The Service is protected by copyright, trademark, and other laws of both Norway and foreign countries.
Our trademarks may not be used in connection with any product or service without the prior written consent of Bylineme.
- 10. Termination
Bylineme may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
- 11. Limitation of Liability
In no event shall Bylineme, nor its affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your, meaning both the Journalists and the Publishers, access to or use of or inability to access or use the Service.
The above mentioned limitation also applies to any conduct or content of any third party on the Service, any content obtained from the Service, and unauthorized access or use or alteration of your transmissions or content, whether or not Bylineme have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
In no event shall neither Bylineme nor its affiliates, be liable for the Content purchased by the Publisher or any other user of the Service.
- 12. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
- 13. Governing Law
These Terms shall be read and construed in accordance with the Laws of Norway. Any dispute arising out of or in connection with these Terms shall be referred to the ordinary Courts of Law, with Oslo City Court as legal venue.
- 14. Changes
- 15. Cookies
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive .
Bylineme use so-called cookies to collect information from our users . You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent . However, if you do not accept cookies, you may not be able to use some portions of our Service .
- 16. Contact Us
If you have any questions about these Terms, please do not hesitate to contact us .
Oslo Science Park
N - 0349, Oslo