Bizar Mobile Pty Ltd (ACN 143 914 452) (trading as FulGaz) (FulGaz, we, us, our) operates a platform allowing cyclists (you) to submit material to us, including footage and GPS data relating to your rides (Material) for the purpose of FulGaz curating the Material to publish on our application (App). If your Material is selected by FulGaz, FulGaz may then grade, edit and curate the Material and publish the finished product (Film) on our App or FulGaz.com (Website) or any other platform or website owned or operated by FulGaz.
Please read these terms carefully as they represent the basis upon which you submit Material to FulGaz and the conditions upon which you have entered into this agreement. A submission by or on behalf of you to contribute your Material confirms that you agree to be bound by these terms and any FulGaz policies available on our App or Website, though FulGaz is in no way bound to use your Material. Once you agree to these terms, these terms apply to any Material that you have submitted to us, whether submitted before or after the date you agree to these terms.
- You represent to FulGaz in submitting the Material that it is content filmed by you and that no third party permissions are required in order for us to publish the Material.
- By submitting the Material, you agree to assign and transmit your entire rights, title and interest, to the extent you hold any rights, in the Material and related to the Material to FulGaz as sole, exclusive and absolute owner, with effect from the date you enter these terms. You acknowledge that you assign these rights in exchange for valuable consideration including membership credits and/or entry to events held by FulGaz as detailed on our App or Website and the opportunity to view and interact with the Film on our App and relive your ride.
- FulGaz grants you a non-exclusive licence to any of its rights in your Material for your continued use and publication, including for the purpose of commercialisation of your Material, provided that the Material is not then licensed to or used to benefit any competitor of FulGaz (that is, any provider of services similar to the App or as determined by FulGaz from time to time).
- You acknowledge that the Films may be publicly available and used by FulGaz or its sub-licensees for an unlimited period of time for any purpose. You agree that how FulGaz uses the Material is to be determined at FulGaz’s full discretion.
- You agree and acknowledge that whilst FulGaz may publicly identify you as the contributor of the Material, it may also not be appropriate to do so or there may be instances where attribution of authorship of any of the Material is not provided or is falsely attributed to others. You also agree, that whilst FulGaz will endeavour to deliver the best version of the Material when it creates the Films, you consent to the treatment of the Material in a manner that may be inconsistent with your moral rights under the Copyright Act 1968 (Cth) or similar or equivalent laws in the territories in connection with the Material.
- You agree not to submit any material that FulGaz determines: is of an unlawful, threatening, harmful, abusive or harassing nature; alludes to, incites or promotes offensive or illegal behaviour; is sexual or violent in nature; includes nudity; is personal information (including identifiable images, telephone numbers, street or email addresses, last names or financial information); misrepresents you as having an affiliation with a person or entity; includes viruses or malicious code; infringes any intellectual property right or confidential information of another person; you do not have the legal right to submit for FulGaz’s purposes; or includes advertising and promotional materials.
7. You warrant that:
- you have the power and authority to enter into these terms and grant the rights granted by these terms;
- you own the Material and have the power, authority and right to assign the Material to FulGaz;
- assigning the Material to FulGaz does not violate the intellectual property rights, contract rights, privacy rights or other rights of another party;
- the Material does not contain illegal material or material that would cause you to breach your obligations under these terms, or would be reasonably likely to cause FulGaz harm, including reputational damage, if FulGaz shared the Material;
- the Material is not submitted for the purpose of you advertising any product or otherwise engaging in trade or commerce; and
- your conduct in creating the Material is and was not illegal, obscene or threatening.
8. To the extent permitted by applicable law, you indemnify and hold FulGaz harmless on demand from and against any claim, damage, loss, cost, charge, expense, outgoing or payment which FulGaz pays, suffers, incurs or is liable for in respect of the Material, or in connection with your breach of these terms, whether arising before or after the date you agree to these terms.
9. To the extent allowable by applicable law, the laws applicable in Victoria, Australia govern these terms and the parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts competent to hear appeals from those courts.