1. By using the services of http://eastnorthdevon.iwitness24.co.uk/ , you expressly acknowledge and accept, without any reservation, the present Terms and Conditions of Use (the “TCU”). If you do not accept to be bound by the TCU, do not use and access the sections of this Website and the services it provides.
2. IWITNESS24 reserves the right to partially or fully revise the TCU at its own
discretion and at any time. Any such modifications take effect as of the date of
their posting on the Website. Your use of the Website from that date implies your
acceptance and acknowledgement of the TCU as revised.
3. If you consider that the revised TCU are not or no longer acceptable, then do not
use the Website.
4. The services provided on the Website are only available to persons aged 18 or over
who can legally enter into contracts under the local applicable Law. Should you use
the Website on behalf of a legal entity, you certify and guarantee that you are fully
entitled to bind this legal entity.
5. The TCU herein determine the mutual contractual obligations between
IWITNESS24 and its Members (the “Contributors”). The use of the IWITNESS24
services implies the full and entire acceptance of the TCU herein. Each IWITNESS24
Contributor declares his awareness, understanding and full acceptance of the Terms
and Conditions. The TCU can only be revised by IWITNESS24.
6. The Terms and Conditions herein took effect on IWITNESS24 and were revised on
IWITNESS24 (in force since IWITNESS24).
7. This service is proposed in partnership with Citizenside.com
8. By accepting the present TCU, you also accept the TCU of the company Citizenside, which you can find here.
1. Conditions of membership and use (introduction)
The services of IWITNESS24 are exclusively available to users who are
legally capable of entering into contracts under the laws of your country. The
services are not available to children under 18, unless under the supervision
of an adult, father/mother or legal guardian, and the said father, mother or
legal guardian is responsible for any use of the Website. If you do not fulfil
the above requirements, then immediately refrain from the use of our services.
Furthermore, you are no longer authorized to use our services if your account
is temporarily or permanently discontinued. Additionally, your IWITNESS24
account (including comments and evaluation profiles) and username may not
be transferred or assigned in any form to any third party.
2. Purpose – License
The purpose of the present terms and conditions is to establish a Licence for
the use and distribution of the photos and videos (the “Documents”) uploaded
by a Contributor to IWITNESS24 (and equally to Citizenside.com)
“Document” means any general information document, under the form of an
original, previously unpublished and royalty-free image, audio-visual file,
or other (with a caption), excluding pornography, dangerous or violent acts,
presenting/showing news story or events that could inform or/and interest
A Document can either be a unique file or a series of files (a “package")
making a whole and having the same specificities (a series of files concerning
a same event and made on a same location and date). In such case, each file
does not constitute a sole and only Document requiring a distinct Licence but,
on the contrary, is part of a sole and only series which constitutes the said
Document and requires a sole and only Licence.
The Document is licensed to all titles operated by Archant Community Media
Ltd under the terms and conditions for contributed material here
A “Licence” represents the exclusive transfer of the Document exploitation
rights to third parties other than Archant Community Media Ltd by the
Contributor to IWITNESS24, for a determined duration (the “Duration”), a
said Publication (the "Publication"), and for a said territory (the "Territory").
The Contributor remains at all times owner of their Document.
“Duration” means the duration of the transfer of the exploitation rights
granted by the Contributor to IWITNESS24 regarding the Document. This
duration shall not exceed five years.
“Publication” means any act of public exploitation of the Document
by IWITNESS24 only and exclusively. It may be a publication or a
“Territory” means the country or countries where the Document is is
“Contributor” means any person aged 18 or over who is legally capable
of entering into a contract under Law and wishes to transfer its rights to
The Contributor agrees to the exploitation of the Document under the
conditions found here
Any Contributor must enter his or her profile in the Contributor section
of the Site and, upon confirmation by IWITNESS24 of his registration,
the Contributor will be entitled to submit his or her Document(s) without
limitation, unless his or her registration is discontinued by the Contributor or IWITNESS24.
When a Contributor is registered in the IWITNESS24 database, the
Contributor can submit a document whenever he wants to IWITNESS24,
whom, after validating the content, decides to buy a Licence on the Document
3. Terms and conditions of the License between Contributor and IWITNESS24 (and Citizenside)
All Documents are considered a creation protected by copyright, unless
otherwise stated by jurisprudence and in accordance with the terms and
conditions for material contributed to Archant Community Media Ltd found
The License includes any publicity conducted by the IWITNESS24 in order to
promote the Publication, for the same maximum duration.
Any republication or reproduction, transfer on another material or Title, or to
a databank or third party, other than titles operated by Archant Community
Media Ltd requires the transfer of a new License.
To ensure optimum publication of the Document and considering the best
practices in this context, the Contributor relinquishes any signature on the
published Document, unless he expressly requires such signature from
IWITNESS24. No Document can be modified in any way without the
Contributor’s prior consent, unless as required in order to comply with the law
or third parties rights, other than as described in the terms and conditions for
material contributed to Archant Community Media Ltd found here. However,
any cropping required for the Document layout or publication is permitted, at
IWITNESS24’s own discretion.
IWITNESS24 (or Citizenside) is liable for any modification by IWITNESS24
or Citizenside of the Document legends provided by the Contributor, and
IWITNESS24 is solely liable for the texts and legends created at his initiative.
The Contributor guarantees IWITNESS24 (and Citizenside) regarding the
origin, ownership and reality of the Document.
Even after the transfer of the Document Licence by the Contributor to
IWITNESS24, IWITNESS24 must uphold image rights and copyrights. The
Contributor has the obligation to inform IWITNESS24 about those matters.
IWITNESS24 will seek authorisation from the owner of objects or work on
the Document. If wrong or false information has been given, the Contributor
will be held responsible.
For all publications made by IWITNESS24 or people entitled by
IWITNESS24, on any support, without the relevant authorisations,
IWITNESS24 will be solely hold responsible and cannot, under any
circumstances, use the Contributor as guarantor.
4.1 Description of the Documents
The descriptions are used to describe the Documents on offer. They can only
include text, images and sounds provided by the Contributor to IWITNESS24.
Each Document offered for sale must be entered into the right Document
category. The Contributor is solely responsible for the choice of the category
in which he chooses to file. However, IWITNESS24 can decide to file the
Document into a more appropriate category.
4.2 Conclusion of the License
If IWITNESS24 decides to purchase a License for a Document under
the conditions determined and negotiated, the law provisions regarding
the contracts formation and execution apply fully and immediately to the
relationship between the Contributor and IWITNESS24.
4.3 Fraudulent actions
Without prejudice to any other remedy, IWITNESS24 can discontinue or
close a Contributor account if it becomes apparent (following a conviction, a
transaction, or an investigation conducted by the police, an insurance company
or a sequestrator) that such Contributor is involved in fraudulent activities
relating to the Website.
The Contributors should not interfere with other Contributors’ transactions.
5. Personal Data and Document
“Personal Data” means any information provided by a Contributor upon
registration on the Website or during a transaction, in the Document ad, in an
email or in a posting on a public forum (including Contributors profiles). The
Contributors are solely responsible for their Personal Data, and IWITNESS24
has only a passive intermediate role when transferring them online.
IWITNESS24 undertakes to maintain all such data in a strictly confidential
manner, pursuant to applicable Laws.
5.1 Documents and Personal Data quality – Ethical rules
Your Personal Data, along with any information mentioned on any Document
offered on the Websites:
- must not be false, inaccurate or deceitful
- must not be fraudulent or imply the sale of faked, counterfeited, borrowed or stolen Documents
- must not infringe copyright, patents, trademarks, trade secrets or any other intellectual property right, confidentiality agreements or a third party’s privacy
- must not infringe any law or regulation
- must not be defamatory, slanderous or libellous
- must not be discriminatory or incite racial, religious or ethnic hatred or violence
- must not contain obscene or paedophilic material
- must not contain any virus, Trojan horse, worm, time bomb, cancelbot or any other computer program intended to damage or secretly intercept any computer system, personal information or data
- must not incur IWITNESS24’s liability or loss of all or part of the services of its suppliers, especially its Internet services providers
- must not offer goods or services or contain direct or indirect hypertext links towards goods or services
- that are prohibited by the TCU herein
- that are identical to other Documents offered for sale
- that are simultaneously contained on a Website other than IWITNESS24
- that a Contributor is not entitled to sell or that a Publisher is not entitled to refer to with a hypertext link
5.2 License offer
By registering on IWITNESS24 (and thus Citizenside.com ) and offering a
Document on the Website, the Contributor submits a License agreement offer
regarding such Document, i.e. an offer to acquire the rights as described in
clause 2 herein, to IWITNESS24 and to Citizenside.
The Contributor can withdraw his offer at any time in a written document
addressed to IWITNESS24 (or Citizenside), under thirty day notice.
By accepting this TCU you also automatically and without any reservation
agree on the PTU of Citizenside.com
that you have entirely read here.
6. Access to the Site and damage to its integrity
The Contributors expressly agree not to use any software or manual procedure
to copy IWITNESS24 web pages or to record or collect any information
disclosed on these pages without IWITNESS24’s prior written consent. The
Contributors expressly agree not to use any sort of device or software in order
to disturb the good operation of the IWITNESS24 website. The Contributors
expressly agree not to act in a way which would disproportionately overload
its infrastructures. Most of the information contained on the IWITNESS24
Website is updated in real time. The Contributors accept not to copy,
reproduce, alter, modify, create derived works from or disclose to the
public all or part of the Website content without the prior written consent of
IWITNESS24, Citizenside and the relevant Contributor.
Without prejudice to any other remedy, IWITNESS24 reserves the right to
send a warning, to discontinue, temporarily or permanently, a Contributors’s
membership, to end it or to stop providing its services in the following
- non-compliance with all or part of the TCU herein or of the documents
they refer to as being part of them;
- if IWITNESS24 is unable to check or authenticate the information
provided, and the Contributors does not answer to the authentication
requests from IWITNESS24;
- if IWITNESS24 considers that a Member’s behaviour is likely to make
himself, IWITNESS24 or other Members liable.
The Contributors expressly agree to defend and indemnify IWITNESS24
(including reasonable attorneys’ fees) and its representatives, directors, agents
or employees, against all claims or requests from third parties, caused by or
arising from the infringement, by the Contributors, of the TCU herein or of
documents they refer to as being part of them, or the infringement of any law
or right of third parties.
9. Compliance with the law
The Contributors agree to comply with the current laws, regulations or
standards relating to the use of Internet services, or to the distribution,
purchase, solicitation or sale of Documents. Furthermore, the Contributors
expressly acknowledge and accept that their use of IWITNESS24’s services
may cause them to be considered as a “merchant” under Commercial Law,
such qualification implying certain specific obligations such as a registration
in the companies registry, the account keeping in accordance with applicable
regulations, the payment of VAT and other relevant duties and taxes, and
the compliance with law in case of insolvency. Also, as merchants or, more
generally, as professionals, the Contributors must comply with the regulations
relating to invoices.
10. Relationships between the parties
independent parties, each acting in its own name and on its own behalf,
subject to the rights granted to IWITNESS24 pursuant to clauses 2, and 5.1
herein. The TCU herein do not create any subordination link, mandate, joint
company, common company, employer-employee or franchisor-franchisee
relationship between IWITNESS24 and its Members.
Except as otherwise expressly provided, any notice must be sent to
IWITNESS24 by post to: James Foster, Editorial Director, Archant, Prospect
House, Rouen Road, Norwich, NR1 1RE,. Any notice to the attention
of a Contributor will be sent to him by email at the address provided to
IWITNESS24 upon registration. Notices are deemed to have been received
24 hours after an e-mail is sent unless the sender receives a notice that the e-
mail address is not valid. Notices can also be sent by registered mail at the
address provided upon registration. The aforementioned 24 hours period is
then extended to three days after the letter is sent.
12. Governing law – Disputes
The TCU herein shall be governed and construed in accordance with the
English law. The parties submit to the jurisdiction of the courts of England
for any dispute arising between the parties and relating to the execution of the
13. Other provisions
IWITNESS24 does not guarantee that the provision of its services will be
continued and error free.
IWITNESS24 reserves the right to limit, from time to time or permanently, the
activity of the Contributors on the Website, pursuant to criteria and thresholds
likely to vary.
IWITNESS24 can not be made liable for any failure to perform obligations
arising out of the TCU herein and due to events beyond its control and/or
resulting from an event of Force Majeure. Force Majeure includes, in addition
to events admitted by case law, any natural disaster, act of war, breach of
peace, epidemic, fire, flood and other disaster, act of government, strike, lock-
out, along with any electrical or technical problem external to the parties and
In the event that one or more provisions contained in the TCU are declared by
a court to be illegal, unenforceable or invalid, the remainder of the provisions
of the TCU shall continue in full force and effect, so far as the general
economic balance of this contract is maintained.
The Contributors agree that the rights and obligations arising from the TCU
herein can be transferred freely and ipso jure by IWITNESS24 to a third party
in the event of a merger, acquisition or control takeover.
BY ACCEPTING THE TCU HEREIN, YOU EXPRESSLY UNDERTAKE
TO EXECUTE AND APPROVE THE INTEGRITY OF THE TERMS AND
CONDITIONS OF USE, WITHOUT ANY LIMITATION OR RESERVATION.