The THE ICONIC website and services are provided by Internet Services Australia 1 Pty Ltd (ABN 50 152 631 082) (referred to below as THE ICONIC or us).
By uploading, posting or otherwise making available any content (Content) on our website or services, you:
(b) warrant to us that:
1. you are over 18 years of age or that you have the consent of a parent or guardian to use our website or services;
2. you are the sole creator and sole legal and beneficial owner of the copyright in the Content;
3. you own all moral rights (as defined in the Copyright Act 1968) which subsist in the Content and unconditionally waive those rights in favour of us;
5. you have not stolen or copied the Content from any third party (including downloading the Content from another Member, blog or other website;
6. you have received all necessary consents from any other people who may have been included in any of the Content;
7. you acknowledge that we have the right to request evidence that you have obtained all necessary consents referred to above and that you must provide this evidence to us on request;
8. the Content does not infringe any copyright, moral right or other intellectual property right belonging to another party;
9. you have not made any misrepresentations to us or any of our Members we provide the Content to;
10. the Content is free from defects, viruses or malware in any form.
11. you acknowledge that it you breach any of the above terms or our Website Terms, we can immediately remove any Content that is not legally yours, stop any payments to you and take legal action against you.
(c) in addition to the licences and assignments granted under the Terms, you grant us a non-exclusive, worldwide, royalty-free, licence to copy, use, reproduce, sublicense and sell the Content in any form;
(d) warrant that the Content is not offensive, inappropriate, obscene, unlawful or otherwise objectionable;
(e) agree to comply with all laws, rules and regulations (for example, federal, state and local) applicable to your use of our Website and Services and the Content;
(f) agree, if any Content has been created as part of a Collaboration, or paid for by a THE ICONIC Brand, you will not use or allow that Content to be used by any other Brand, publication, website or person without our prior consent;
(g) warrant that your use of the Content outside of our Website and services does not and will not breach the terms of any THE ICONIC Collaboration which uses the Content; and
(h) acknowledge that we may licence the Content to our Members and third-parties.
If you upload Content as part of a Collaboration, you grant our Brands the exclusive right to use the Content from your Collaboration for 3 months, and grant THE ICONIC the exclusive right to deal with the Content for a further 15 months (in accordance with the Terms).
If you upload Content other than as part of a Collaboration (i.e. to the gallery directly), you grant THE ICONIC the exclusive right to deal with the Content for 18 months.
At all times, you may use the Content on any personally owned social media and websites.
You must defend, indemnify and hold us, and any related body corporate and our personnel, harmless from and against any and all claims, debts, liabilities, judgments, penalties, taxes, accounts, expenses, costs (including legal fees), actions and proceedings of any nature whatsoever, whether known or unknown, arising from or in any way connected with a breach or alleged breach of any agreement or warranty by you, or you conduct in connection with the Content and the Website.
The above indemnities survive termination of these Terms and will continue after you cease using your member account, the Website or our services.