Play Iceland Terms of Submission
Effective as of 1st of June 2020
These Terms of Submission explain the terms and conditions under which you can submit your content to Play Iceland. By submitting your content, you are entering into a legally binding contract with Askur og Embla ehf. d/b/a Play Iceland. These terms apply if you submit your content through our website, social media pages or through any other means. Please read carefully these Terms of Submission and keep a copy of it for your reference.
1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions:
‘Terms/Agreement’ refers to the latest version of this Terms of Submission document.
‘We/Us/Play Iceland’ refers to Askur og Embla ehf, and their affiliates.
‘User/You’ refers to any person or legal entity submitting the content to us.
‘Third-Party’ refers to any application, website, natural or legal entity other than you, Play Iceland, or our affiliates.
‘User Content’ refers to all images, text, audio and video data submitted to Play Iceland regardless of the technology, technique or medium used for their creation, storage or transfer.
‘Derivative Content’ refer to the content created by Play Iceland, our affiliates or Third-Parties on our behalf utilizing User Content and or other content or materials.
‘Effective Date’ refers to the date User Content is submitted to Play Iceland.
2. General Provisions
2.1 By submitting User Content, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, (iii) that you will not submit User Content contrary to these Terms or applicable laws.
(B) Acceptable Submissions
2.2 You agree that you will not submit any User Content that is objectionable by any Third-Party. We can, in our sole discretion, decline or terminate all or parts of the submission of any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny submission to anyone at any time. You understand and agree that you will not submit any User Content if you do not agree with these Terms, if the User Content is contrary to the Terms, applicable laws and regulations, and you will especially not, without limitation, do anything of the following:
(i) send or otherwise post unauthorized commercial communications (such as spam) through our website, social media pages or other mediums;
(ii) upload viruses or other malicious code;
(iii) submit User Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or is otherwise objectionable to third parties;
(iv) take any action creating a disproportionately large usage load on our website unless expressly permitted by us;
(v) communicate any information or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
3. Intellectual Property
(A) Grant of license
3.1 If submit to us any User Content, you grant us and our affiliates a non-exclusive, sub-licensable, royalty-free, perpetual, worldwide, right and license to use, reproduce, modify, adapt, publish, distribute, and display such User Content, to create Derivative Content based on such User Content, and to use User Content repeatedly for the entire duration of these Terms for any purpose not expressly prohibited herein on any media or distribution channel we deem appropriate.
3.2 Whenever Users upload User Content, they warrant that they have the right to do so and to grant Play Iceland and our affiliates the necessary licenses as described herein. Users remain the owners of any Intellectual Property Rights that they have on the User Content that they provide. Play Iceland and our affiliates do not have interest in becoming the owners of such Unser Content.
3.3 You understand and agree that User Content, and Derivative Content may be displayed, published or otherwise made available to specific Third-Parties or general public through any media or distribution channel we, or our affiliates, find appropriate, including but not limited to, websites, social media pages, tv, online streaming services and similar.
3.4 Whenever we publish, display or otherwise make available to Third-Parties any User Content, in its own or within a Derivative Content, the User who submitted such content will be appropriately credited through their name displayed together with the User Content or Derivative Content, either in the specific credits section or as otherwise appropriate considering the format, media or technology used in publishing or displaying such User Content or Derivative Content. The exact specifications of the credit, such as typeface, color, size, duration of display, order of accreditation, and similar, shall be at our sole discretion.
(C) Notification of Infringement
3.5 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
3.6 Our copyright agent can be reached as follows:
4. Term and termination
4.1 This Agreement is effective from the Effective Date and shall remain in force for the following twelve (12) month period (Initial Term).
4.2 Initial Term is automatically renewed for the same duration period unless terminated by either us or the User (Renewed Term). This Agreement may be terminated by either us or the User with a minimum of one (1) month prior written termination notice. Termination by us becomes effective at the moment of expiry of the notice period. Termination by the User is subject to our acceptance, which will not be unreasonably withheld.
4.3 Termination of this Agreement shall not affect any prior uses of the User Content or Derivative Content and we nor our affiliates will have any obligation to remove, adapt or otherwise amend any Derivative Content or publication of the User Content created, published or otherwise made available to any Third-Party before the termination date.
5.1 User represents, warrants, and covenants that:
(a) They will not, while submitting User Content, infringe or misappropriate, and neither the User Content nor any element thereof will infringe or misappropriate, any intellectual property right of any other person;
(b) Neither the User Content nor any element thereof will be subject to any restriction, mortgage, lien, claim, pledge, security interest, or encumbrance when submitted by User to Play Iceland;
(c) User has full right, power, and authority to enter into and perform this Agreement without the consent of any third party, including the right to grant all licenses granted by User in this Agreement;
(d) All individuals who contribute to or participate in the conception, creation, or development of the User Content will have unconditionally and irrevocably assigned all of their right, title, and interest in, and to the User Content (and all intellectual property rights thereto) to User (or directly to Play Iceland) before submitting the User Content;
6.1 You will indemnify and hold harmless Play Iceland, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with User Content which you provide, or your violation of these Terms.
7. Limitation of liability
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER PARTY SHALL NOT BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF THIS AGREEMENT, REGARDLESS OF LEGAL THEORY, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Governing Laws and Choice of Forum
8.1 This Agreement shall be governed by and construed under the laws of Iceland, without regard to its conflict of law provisions. You agree that if you have any dispute with Play Iceland you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the non-exclusive jurisdiction of the courts in the city of Reykjavik, Iceland.
9. Final Provisions
9.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
9.2 The section titles in the Terms are for convenience only and have no legal or contractual effect.
9.3 Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
9.4 Neither party may assign or transfer any right or obligation under this Agreement to a Third-Party without obtaining prior written consent, except to the successors in the event of merger, sale, or liquidation of the party.