This agreement (the agreement) confirms the terms on which you agree to allow Projekt Freyja Ltd (Freyja) to use, for the purposes set out below, the photograph/video content (Content) featuring you which you wish to upload to the Freyja website https://freyja-xo.com (Website).
1. Pursuant to and in consideration of the fees payable to you pursuant to clause 8 of the Freyja Terms and Conditions, and for Freyja allowing you to advertise and sell your Content via the Website, you confirm that:
1.1 You grant Freyja permission to broadcast and advertise the Content (Specified Activities) on the Website for the purpose of licensing the Content or subscriptions to the Content to customers of the Website in consideration for one-off/subscription-based fees (Specified Purpose).
1,2 You do not object to Freyja:
a) storing copies of the Content for as long as necessary to fulfil the Specified Purposes or to it storing your contact details on its database in case it needs to contact you; or
b) sharing the Content and your contact details within Freyja’s group, acting as joint controllers or processors; or
c) sharing the Content with Freyja’s trusted third parties, at all times encrypted with homomorphic encryption, strictly for the purposes of developing systems to improve online safety for all Users.
2. You hereby provide us with the non-exclusive licence to utilise all existing and future rights (including without limitation copyright and performers' property rights) in such Content and all consents necessary to enable us to make full use of the Content worldwide in any and all media, without payment, liability (save as specifically set out in this agreement) or acknowledgement to you, strictly limited to the Specified Purpose.
3. You acknowledge and agree that Freyja shall be entitled to edit, copy, and adapt the Content, but only in so far as is necessary for the Content to formatted in such a way as to be accessible on the Website. Freyja shall not edit or adapt the substance of any Content.
4. You grant us the right to tag your username to the Content to be uploaded to the Website.
6. You agree that Freyja may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of our rights under this agreement, provided that Freyja gives prior written notice of such dealing to you or your agent (as the case may be).
7. Freyja is the controller and responsible for the personal data comprising the Content and your contact details and any related personal data.
8. You warrant and undertake that:
8.1 you are fully entitled to enter into this agreement and to grant all rights in the Content to us and have the legal capacity to enter freely into this agreement with us;
8.2 the Content will not infringe the copyright or any other right of any third party or breach any contract or duty of confidence, data protection law or the Official Secrets Act or other legislation relating to national security, constitute a contempt of court or breach the Freyja Acceptable Use Policy;
8.3 you are at least 18 years old, and were at least 18 years old at the time the Content was created;
9. you acknowledge that Freyja shall not be liable for any loss, damage or injury suffered by you in connection with your Content being shared on the Website, save for any liability which cannot be limited or waived by virtue of statute or common law.
10. Freyja will:
10.1 ensure that it complies with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of the Content and your contact details and any related personal data; and
11. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation) shall be governed by and construed in accordance with the law of England and Wales.
12. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
Projekt Freyja Ltd