Terms and Conditions
Thank you for being a Participant in +44… Leave A Message For Europe!
We are wholly committed to ensuring that your personal details remain confidential.
Joe Sweeney (“the Artist”), www.leaveamessage4europe.com (“the Website”) Cob Gallery and Arts Council England (“official associated parties”) the Artwork +44… Leave A Message For Europe (Collectively the Artwork, the Artist, the Website and official associated parties) will not share your details with any third party.
You will not be contacted unsolicited by +44… Leave A Message For Europe.
By agreeing to our terms and conditions, you agree to your voice remaining part of a permanent and publicly accessible (audio only) vocal archive, in perpetuity, located on www.leaveamessage4europe.com and as part of the Artwork +44…Leave A Message For Europe.
You also agree for your voice recording to be possibly used for promotion of the The Artwork/The Website on The Artist and Official Associates social media channels.
You further agree for your voice and/or a written transcript of your message to become part of additional artwork(s) by Joe Sweeney for public exhibition, broadcast or sale.
The Participant assigns to the Artist and the Artwork with full title guarantee the entire copyright and neighbouring rights and all other intellectual property rights of whatever nature and kind (“Intellectual Property Rights”) subsisting in the Participant’s contributions to all recordings, photographic, graphic, film or audio-visual works of any type, and any other work product in any medium or format that is created by the Participant in the course of leaving the audio message (the “IP Materials”).
To the extent any Intellectual Property Rights cannot be automatically assigned by the Participant to Joe Sweeney the Participant grants to Joe Sweeney an exclusive, royalty-free, transferable, irrevocable, worldwide license in perpetuity to use the IP Materials in any media and in any manner, including, but not limited to, the right to reproduce, distribute, change, edit, alter, publish, exhibit or otherwise exploit the IP Materials (whether alone, as part of a derivative work or in conjunction with other works) and the right to sublicense any or all of those rights to a third party.
The Participant irrevocably and unconditionally waives absolutely any moral rights in relation to the IP Materials and, so far as is legally possible, any broadly equivalent rights they may have in any territory of the world.
The Participant shall do all such further acts, and execute all such other documents, the Artist may from time to time require in order to enable the Artist to protect, perfect, enforce or enjoy its rights.
The Participant acknowledges that he or she is not entitled to be consulted about or share in any revenue derived by the Artist from the use, exhibition, publication, distribution, transmission, licensing, display or other exploitation of such IP Materials and such revenue shall be the exclusive property of the Artist.
The Participant must not transfer or attempt to transfer any right, privilege, title or interest in or to any of the IP Materials and must not authorise or willingly permit infringement upon the Intellectual Property Rights granted to the Artist.
The Participant will not be entitled to a credit in respect of their audio contribution to the installation created by [artists name]. All credits will be determined by the Artist in its sole discretion.
The Participant agrees that they will not be paid a fee for their contribution.
For any comments or queries relating to +44…Leave A Message For Europe please email: firstname.lastname@example.org
1. THE WEBSITE These Terms and Conditions apply to all users of the website www.leaveamessage4europe.com including users who contribute information, data, sound, any other materials (collectively the “Content”) to the Website / the Artwork / the Artist / Cob Gallery / Arts Council England has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release [BP3] the Website / the Artist / official associated parties from any and all liability arising from your use of any third-party website.
2. USER CODE OF CONDUCT The following rules of conduct apply to your use of the Website and to any and all Content you post on the Website whether such Content is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website. You may not, in connection with the Website, upload, post, email, transmit or otherwise make available any Content that:
- is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringes or violates any patent, copyright, trademark, trade secret or other property right;
- violates any laws;
- breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- promotes software or services that deliver unsolicited e-mail;
- contains viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines or computer code;
- is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- harms minors in any way.
In addition, you may not use the Website to:
- upload, post, email or otherwise transmit any Content that releases personal information including telephone numbers, street addresses, last names, URLs or email address;
- engage in commercial activities within the Website;
- take any action that may undermine any ratings system that the Website uses to curate submissions;
- provide false or deceptive information within your profile or any other Content you post on the Website;
- harass and/or stalk other users on the site;
- delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so;
- allow usage by others in such a way as to violate these Terms and Conditions;
- copy, modify, or distribute (i) Content from any Website or (ii) any recognised copyrights or trademarks;
- impersonate any person or entity, including, but not limited to, a +44 Leave A Message For Europe official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website; or
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.