L O C A L C I T Y F U N - An Entertainment Periodical

Photo Submission Licence, Release and Waiver

Photo submission licence, release and waiver

Please note that we cannot publish your photographic materials or images ("Photos") if you do not own all rights in them, and have permission from those who may appear in your Photos to publish the Photos.

Please also note that not all of the Local City Fun website or Services permit or provide for uploading of your Photos.

If you decide at any time that you no longer want us to use your Photos pursuant to this license, simply send us a written request to the Attention of:

Rights Manager
Local City Fun
P.O. Box 29600
377 Burnhamthorpe Road East
Mississauga, ON, Canada L5A 4H2.

In consideration of Local City Fun's agreement to allow you to post, e-mail, transmit, upload or otherwise submit any Photo to the Local City Fun website or Services and, possibly, to review, and potentially publish any such materials submitted to Local City Fun by you, and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Local City Fun as follows:

1. You grant to Local City Fun, a non-exclusive and royalty-free right and license, (but not the obligation), in perpetuity throughout the world, to use, reproduce, store, transmit, communicate the Photo in whole or in part, or any part thereof, (i) on the Local City Fun website pages now existing or to be created (including, without limitation, internet web pages located at the domain name localcityfun.com or its successor websites) and however configured for any electronic distribution platform or device whether fixed or mobile (whether now known or to be devised and including, without limitation, phones, personal digital assistant, pagers and other wireless enabled devices and applications); and (ii) in any newspaper (including but not limited to print and Digital Editions of such newspapers) owned or operated by Local City Fun, and/or its affiliates, related companies, unaffiliated partners and/or licensees, successors or assigns, for the purpose of promoting your Photo and its submission to the Local City Fun website.

You irrevocably waive, in Local City Fun's favour any and all so-called "moral rights" in connection with your Photo.

You grant these rights and this waiver to Local City Fun free of charge.

2. You represent and warrant that:

(a) you own or control all of the rights in and to your Photo. The rights granted to Local City Fun in this license, the Photo and every one of its component elements are, wholly original with you and not copied in whole or in part from any other work, and/or you have obtained all necessary rights or licences in order to authorize use of your Photo for the above purposes;

(b) you have the right to grant to Local City Fun the rights granted to us in this license. No further permissions, consents or payments are required from or to, any third party in connection with the use by Local City Fun of the rights granted hereunder, there is (and will not be) any agreement with a third party that may in any way interfere with Local City Fun's rights under this license, and such rights are and shall be free and clear of any and all claims, rights and obligations whatsoever;

(c) this license, and the Photo shall not be subject to the jurisdiction of any guild, organization, corporation or collective in any jurisdiction and no additional payment, royalties, or consent of any party are required in connection with Local City Fun's exercise of the rights granted in this license. Without limiting what you have represented to above, you have not previously assigned any or all of the rights in and to the Photo to any guild, organization, corporation or collective or other person or entity whatsoever; and

(d) you are a resident of Canada.

3. Local City Fun is the sole owner of all rights (including copyright) in the Local City Fun website and Services and in this capacity shall have the right to use the Photo in any manner in its sole discretion within the terms of this license, including, but not limited to the right to edit your Photo to accommodate publication requirements; and to add to, delete from, edit, alter and otherwise combine the content with any other content in any manner and in any media whatsoever.

4. You expressly and irrevocably release and forever discharge Local City Fun, its parent, subsidiary, affiliated and associated companies, and their directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of, Local City Fun's exercise of its rights in this license, release and waiver.

5. You hereby agree to indemnify and hold harmless Local City Fun, its partners, their parent, affiliated and related companies, and all of their respective individual shareholders, directors, officers, employees, licensees and assigns from and against any claims, actions, losses and expenses (including legal expenses) occasioned by any breach of your representations and warranties or any other provision of this license, release and waiver.

6. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Local City Fun, all of which such rights are hereby expressly and irrevocably waived by you in favour of Local City Fun.

7. You acknowledge having obtained independent legal advice in connection with this license, release and waiver, failing which, you shall be deemed to have voluntarily waived the right to seek such independent legal advice.

8. Certain portions of the Local City Fun website may run specific Photo submission campaigns, promotions or contests which envision reproduction of your photos in other publications or media.

Certain portions of the Local City Fun website may also provide services to which you may upload your Photos for private viewing only (including but not limited to access by password and/or secure link only).

In addition to the general Terms and Conditions for the Local City Fun website or Services (including the Licence, Release and Waiver terms for Music, Photos and Submitter Content incorporated therein), any specific terms and conditions of those services, campaigns, promotions or contests shall apply to those Photo submissions and are incorporated into this licence.

To the extent that there is conflict between the provisions of those specific terms, this licence and the general Terms and Conditions for the Local City Fun website and Services, the provisions of the specific terms and conditions of those Photo services, campaigns, promotions or contests shall apply.

Except as otherwise defined in this license or in any specific terms and conditions of a Photo submission opportunity, any capitalized terms shall have the meanings given to such terms in the general Terms and Conditions.