CONTENT LICENSING AGREEMENT
DigiHorse Media, trading as "Horse Lovers", registered with EUIPO trademark number 018646726 (hereafter referred to as "DigiHorse Media") content submission terms. By accepting this Agreement, you confirm that:
- You have the necessary rights, consents, and permissions to enter into this agreement with DigiHorse Media for the provided content.
- You grant DigiHorse Media and its partners the non-exclusive rights to re-publish, distribute, monetize, market, and sell the content across multiple platforms and media formats, including but not limited to Facebook, YouTube, Twitter, TikTok, Snapchat, and other digital productions and online publishers.
- You retain complete ownership of your content.
- You have not given the content to any other media outlet or agency.
- You grant DigiHorse Media permission to publish the content to its own owned and operated platforms and channels, including but not limited to sendhorses.com, and other digital platforms.
- Under applicable data protection laws, you consent to us securely storing this data and using it for as long as necessary. We take your data seriously. For more information, please see our Privacy Policy.
Terms and Conditions of Submitting Content
These terms and conditions (Conditions) set out the terms and conditions which apply to any videos, photographs, still-video images, audio and/or audio-visual material, and/or other text, graphics, and content (Content) that you, the user (User), may submit to DigiHorse Media via any submission form, email, or any other method (Submit, and references to Submitting and Submitted shall be construed accordingly).
- Definitions
- Agreement: The agreement entered into between DigiHorse Media and the User in accordance with these Conditions.
- Content Requirements: The content requirements with which all Content must comply, as set out in paragraph 2.
- Data Protection Legislation:All applicable privacy and data protection laws and regulations as amended, replaced, or updated from time to time, relating to the processing of Personal Data and the privacy of electronic communications.
- Derivative Works:Works generated or developed by DigiHorse Media, based on or incorporating the Content.
- DigiHorse Media:All subsidiaries or holding companies of DigiHorse Media and all associated companies and/or brands.
- Intellectual Property Rights:All intellectual property rights, whether registered or unregistered, including patents, copyrights, trademarks, service marks, and all similar or equivalent rights.
- Permitted Use:The right to copy, use, modify, reproduce, distribute, publicly perform, display, license, and monetize any Content for editorial, commercial, or promotional purposes.
- Personal Data:Information relating to an identified or identifiable natural person, as defined in the Data Protection Legislation.
- Territory:Worldwide, unless otherwise agreed between DigiHorse Media and the User.
- Content Requirements
- Content must be of good quality.
- Content must not feature identifiable persons or minors unless the User has the express written consent of the relevant individual(s) or of that minor's parent or legal guardian.
- Content must not contain any material which infringes the copyright or any other Intellectual Property Rights of a third party.
- Content must not contain inappropriate content such as sexually explicit material, violence, profane or pornographic content, promotion of illegal activities, defamatory statements, or any material that infringes on the privacy rights of individuals.
- Consents
- Any material owned or created by a third party without prior written consent.
- Any Content featuring identifiable persons or minors without express written consent from the relevant individuals or their legal guardians.
- Data Protection
- Warranties and Representations
- All Content is original and not copied from a third party.
- The User has the necessary licenses, rights, and consents to grant DigiHorse Media the license granted under paragraph 6 of these Conditions.
- The Content does not infringe any Intellectual Property Rights or other proprietary rights of any third party.
- License
- Right to Remove Content
- Limitation of Liability
- Fraud or fraudulent misrepresentation.
- Death or personal injury caused by its negligence.
- Wilful breach of this agreement.
- Any other liability that cannot be excluded or limited by law.
- Termination
- Effect of Termination
- Written Communications
- Notices
- General
1.1. The following definitions shall apply in these Conditions:
2.1. All Content Submitted to DigiHorse Media must comply with the following conditions:
3.1. The User must not include within any Content submitted:
4.1. DigiHorse Media will process, hold, store, and share Personal Data in accordance with its Privacy Policy.
4.2. The User must ensure that any Personal Data included in the Content has been consented to by the relevant third parties.
4.3. The User must notify DigiHorse Media if any third party featured in the Content wishes to withdraw their consent for DigiHorse Media to process or use their Personal Data.
5.1. The User warrants and agrees that:
6.1. By Submitting any Content to DigiHorse Media, the User grants DigiHorse Media a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to use the Content for the Permitted Use. This includes the right to sub-license and sell the Content and Derivative Works to third parties.
7.1. DigiHorse Media reserves the right to remove any Content from its platforms at any time without notice and at its sole discretion.
8.1. Nothing in these Conditions will exclude or limit DigiHorse Media's liability for:
9.1. This Agreement shall commence on the Effective Date and run for a minimum period of 12 months. After the Initial Term, this agreement shall continue until either party terminates it by giving the other three months written notice.
9.2. DigiHorse Media may terminate this agreement at any time with immediate effect if the User is found to be in breach of any of the Warranties set out in clause 5.
10.1. Termination of this Agreement will not affect any accrued rights or liabilities that either party may have at the time of termination.
10.2. Termination of this Agreement will not affect the licenses granted to DigiHorse Media, which are irrevocable and perpetual.
11.1. The User agrees to electronic communication with DigiHorse Media and acknowledges that all contracts, notices, information, and other communications provided electronically comply with any legal requirement that such communications be in writing.
12.1. All notices given by the User to DigiHorse Media should be sent to:digihorsemedia@gmail.com.
13.1. The rights and remedies of either party under these Conditions shall not be waived by the granting of any indulgence, forbearance, or extension of time.
13.2. Nothing in these Conditions creates any partnership, fiduciary, employer/employee relationship, or other professional relationship between the User and DigiHorse Media.
13.3. These Conditions are governed by the law of the European Union and the courts of European Union shall have exclusive jurisdiction over any claim arising from these Conditions.