1. This materials use agreement (Agreement) is supplementary to, and should be read in conjunction with, the terms and conditions for the No Money No Time website and the No Money No Time website privacy statement. In the event of any inconsistency between those documents and this Agreement, this Agreement will prevail to the extent of that inconsistency.
2. This Agreement is formed between the University of Newcastle ABN 15 736 576 735 (the University, we, or us) and you upon submission by you of any materials, including recipes, images, likenesses, names, labels and other copyrighted materials, (collectively the Materials) via the recipe submission portal (Portal).
3. Upon submission of the Materials via the Portal, you grant the University an irrevocable, perpetual, fee-free, royalty-free licence (including the right to sublicence) to use, reproduce, amend, adapt, publish, communicate, and commercialise the Materials in any media at the University’s sole discretion, including to incorporate the Materials into materials published on the No Money No Time website and use for publication purposes. Nothing in this Agreement requires the University to exercise its rights to the Materials in a particular way, or at all.
4. You consent to the University taking any action or omission in relation to the Materials that may constitute an infringement of your moral rights (as that term is defined in the Copyright Act 1968 (Cth))
if not for that consent, including using the Materials, or a portion of the Materials, in a manner differently to what was originally envisaged by you, to distort or materially alter the Materials, or to publish the Materials without crediting you.
5. You consent to the University:
a) if deemed appropriate by the University, using and publishing your given name to identify the Materials you submit via the Portal. For example, the University may publish a recipe you submit via the Portal as such “Jenny’s Chicken Salad”; and
b) if supplied, using your email address to contact you with updates relating to the Materials and otherwise seeking further clarification or information on Materials you have previously submitted.
6. You acknowledge and agree that you will not be entitled, nor is the University liable to pay to you, any monetary compensation in return for the rights granted under this Agreement.
7. You represent and warrant to the University that you:
a) have the right to grant the University the right to use the Material as set out in this Agreement;
b) are the sole and exclusive owner of the Materials;
c) the Material does not defame any person or entity, or infringe any third party’s intellectual property rights; and
d) you have obtained all necessary authorisations, consents, approvals, and rights necessary to give effect to the rights granted under this Agreement.
8. You agree to indemnify, defend, and hold harmless the University from and against any liabilities, losses, claims, demands, costs (including, without limitation, reasonable legal fees) and expenses arising in connection with any breach by You of this Agreement.
9. This Agreement is governed by and construed in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.