Submitting Content To Mpora | Terms & Conditions
Factory Media Creator Network – Licence Agreement
We are very pleased that you have agreed to license Content to us.
The purpose of the Agreement is to confirm your permission for Factory Media to use the Content.
A. Content: You (the person that submits the content) which shall include the media in all forms, including but not limited to video, audio and still frames.
B. Nature of Licence: Non-Exclusive
C. Permitted Usage: A licence to copy, modify, amend, adapt, monetize, exploit and use the content for any purpose commercial or otherwise, that Factory Media may choose at any point during the license period.
D. Territory: Worldwide
E. Permitted Media: All Media
F. Fee Zero
G. Licence Period: Perpetuity
H. Tech Specs: Please see attached for the required Technical Specifications.
1.1 You hereby grant to us a licence, for the Licence Period and in the Territory, for us to use the Content for the Permitted Usage. Such rights include the right to:
(a) Use, reproduction, display and transmission of the Content in electronic form from our Platforms;
(b) Copy, modify, amend, adapt, monetize, exploit and use the content for any purpose commercial or otherwise that Factory Media and all associated brands may choose at any point during the license period.
(c) Where the Nature of Licence is exclusive we are the only party with the rights to use the Content in any manner and this means you may not use, license, modify or in any way alter the Content, except as we may ask you to do. Where the Nature of Licence is non-exclusive this means that both of us may do the above actions for the Licence Period.
Provided that the Content is used by the Licensee, Licensee will provide Licensor credit for the Content (“Credit”) in the text description of the video. Licensee will in its sole discretion determine all other matters related to credit.
a. You hereby warrant and undertake that:
i. you have the full right, power and authority to enter into and perform this Agreement
ii. you will conduct yourself in a socially responsible manner, and shall not (by act or omission) do anything which is likely to cause adverse publicity to you or us, or our brand and/or adversely affect our ability to make money from the Content;
iii. The licensor warrants that the content:
A) Will not infringe any third party’s intellectual property rights;
B) Does not violate applicable law, statue or subordinate legislation
C) There is no litigation or pending application before any registry or court of competent jurisdiction affecting the content.
iv. you have acquired all rights, waivers and consents necessary (including without limitation moral rights waivers and consents of whatsoever nature) to enable you to grant the licence to us hereunder, we shall not be liable for any payments to any third party or parties for the exploitation of the rights in and to the Content licensed to us under this Agreement;
v. the Content is fully pre-cleared, i.e. all legal clearances including but not limited to music and footage will be executed and all related payments will be made by you so that Factory Media will be able to exercise, without further cost, all rights contained in the agreement; and
b. You hereby indemnify and agree to keep Factory Media indemnified against any and all loss, costs, damages, liability or expenses (including reasonable legal expenses) arising as a result of any breach of your obligations, warranties and undertakings under this Agreement.
a. You understand and acknowledge that the existence of and terms of this Agreement are confidential. You agree that you will not, without the express written consent of Factory Media, disclose the existence or terms of this Agreement or any other information disclosed by Factory Media to you (including without limitation any information relating to advertisers) to any third party, other than professional advisers. Please ensure that you refer any questions that you may receive in connection with this Agreement to your contact at Factory Media for guidance on how to appropriately respond.
1.1 Each party agrees, both during and after the Term, not disclose to any third party (save for its own professional advisors where necessary and where legally required by any court or competent authority) any confidential information relating to the other party or their business or the terms of this Agreement.
2.1 You represent that you are at least 18 years of age and are otherwise legally capable of entering into binding agreements such as this and including this one OR if you are under the age of 18 you shall obtain your parent’s or legal guardian’s permission to do so as evidenced by their signature below.
2.2 All notices shall be in writing and delivered in person or sent by email or registered post to each party at the above respective addresses (or such other address as may be notified from one party to the other) or email addresses each party has provided to the other.
2.3 Where any approvals are required to be given by you or us pursuant to this Agreement, approvals may be given in writing, by SMS or by email, and any and all such approvals shall not be unreasonably withheld or delayed. Approval shall be deemed given by you if Factory Media or its representatives have not received a response to a request for approval within three (3) business days of sending that request.
2.4 Nothing in this Agreement shall be construed so as to prevent Factory Media from providing services the same as or similar to the Services for any other client(s) or artists.
2.5 If any provision of this Agreement shall be held to be void or unenforceable in whole or in part, this Agreement shall continue in force in relation to the unaffected provisions, and the parties will, to the extent permitted by law, use all reasonable endeavours to re-negotiate in good faith the relevant provision with a view to achieving the parties’ original intentions.
2.6 Neither party shall be entitled to assign their benefits or obligations under this Agreement without prior written consent of the other party, save that Factory Media shall be entitled to assign or transfer this agreement or any of its rights or obligations to any person, firm or company acquiring the whole or a substantial part of its capital or assets subject to the assignee offering to enter into a written covenant with you to perform Factory Media’s obligations.
2.7 This Agreement contains all of the terms agreed between the parties and replaces any and all previous agreements whether written or oral concerning the subject matter of this Agreement. No party shall be entitled to rely on the misrepresentation of the other (whether innocently or negligently made). Nothing in this clause limits or excludes a party’s liability for fraud. This Agreement shall not be modified or varied except in writing in a document signed by the parties.
2.8 No term of this Agreement is enforceable by any person not a party to it, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
2.9 This Agreement and all matters arising from it or relating to it (including any pre-contractual negotiations) shall be governed by and construed in accordance with the laws of England and Wales and each party irrevocably submits to the exclusive jurisdiction of the English courts.
You and Factory Media have indicated acceptance of the terms and conditions of this Agreement, by submitting the content.