Terms and Conditions for Being A Town Crier
You and Bushland Castle Productions (“we,” “us,” or “our”) acknowledge and agree that participation in the Town Crier/Street Team (the “Program”) is subject to the following terms and conditions (the “Agreement”):
1. SCOPE OF PROGRAM. As a member of the Program, you agree to (i) periodically receive free copies of Bushland Castle Productions books, which may be in print, audio, or electronic formats (the “Books”) from us at the mailing address and/or email address that you have provided to us and (ii) create, upload, publish, display, link to, or otherwise make available (collectively, “post”) your reviews of such Books and/or related photos, videos, and materials on your personal social media accounts (“Your Content”), including, but not limited to, your accounts with Instagram, Inc. (“Instagram”), TikTok Inc. (“TikTok”), and/or Goodreads.com (http://Goodreads.com)(“Goodreads”). To participate in this Program, you must be at least eighteen (18) years of age.
2. YOUR CONTENT. Your Content must make your connection to us clear, prominent, permanent, and immediately viewable (i.e., including “Thanks to BCP for the free book! #OWEtowncrier” in the caption of an Instagram post). We may periodically provide you with suggested hashtags to use in your posts and encourage you to use such hashtags accordingly. Videos must include an audio disclosure making your connection to us clear and conspicuous within the first thirty seconds. If you post about any Book on Instagram, you must comply with Instagram’s Branded Content Policies. If you post about any Book on TikTok, you must comply with TikTok’s Branded Content Policy. If you post about any Book on Goodreads, you must disclose in Your Content that you received a free copy of such Book. You agree that Your Content will comply with the All Australian Guides Concerning the Use of Endorsements and Testimonials in Advertising. You agree not to post Your Content if Your Content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of any third-party intellectual property rights, or otherwise injurious to third parties or objectionable. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of Your Content. You hereby represent that you have all rights to post Your Content. If we believe that any of Your Content violates any provision of this Agreement, we may request that you remove such of Your Content from your personal social media accounts, and you agree to comply with such request promptly, but in no event later than one (1) business day from the date of our request. We will not be liable for Your Content, and you agree that any loss or damage of any kind that occurs because of Your Content is solely your responsibility.
3. LICENSE GRANT. You grant us the non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, share, and display any of Your Content, in whole or in part, for any promotional uses relating to the Books, the Program, or our business, in any media.
4. OUR PROPRIETARY RIGHTS. Except for Your Content, all materials, text, graphics, illustrations, service marks, copyrights, photographs, audio, videos, and music related to this Program, and all intellectual property rights therein, are, as between you and us, our exclusive property; provided, that, you may keep the Books that we send you in perpetuity, subject to your ongoing compliance with the terms of this Agreement. For the avoidance of doubt, you will not (i) sell, share, or distribute any Book that you receive from us before the publication date of such Book or (ii) use any of our names, trademarks, or logos without our prior written permission other than to post Your Content in the manner provided for under this Agreement.
5. TERM; TERMINATION. The term of this Agreement begins on the date that you are notified that you have been accepted to the Program and will continue until terminated in accordance with this Section 5. We reserve the right to cancel, modify, or terminate the Program at any time for any reason. Each party has the right to terminate this Agreement at any time with or without cause upon notice to the other party (email sufficient). If we terminate this Agreement because you have breached any of your representations and warranties under this Agreement or Your Content uses or contains inappropriate language or materials, including, but not limited to, language or materials that promote bigotry, racism, or discrimination of any kind, we will notify you of the reason for our termination, and you will immediately remove any of Your Content that you have posted and no longer refer to yourself as a member of the Program.
6. CONFIDENTIALITY. If we designate any information and/or materials that we provide to you as “confidential,” you agree to keep such information and/or materials confidential and not disclose such information and/or materials to any third party during the term of this Agreement or any time thereafter without our prior written consent. If you receive any advance reader copy of any Book, you agree not to reveal the ending of or any material plot points in such Book in Your Content prior to such Book’s publication date.
7. REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant that (i) you have the full power and authority to enter into this Agreement; (ii) you solely own or control all social media accounts on which you will post Your Content; (iii) Your Content will be original and will not infringe upon any third party’s copyright, trademark, right of publicity, privacy, or any other proprietary rights; (iv) any posts and any other statements or feedback that you make in connection with any Book or the Program will be true and accurately reflect your honest opinion and personal experience with such Book and the Program; and (v) Your Content will be in compliance with the Australian Guides Concerning the Use of Endorsements and Testimonials in Advertising and any applicable terms of service and/or privacy policies of any platform on which you post Your Content. You agree that you will indemnify us for any liabilities, expenses, or claims that arise from your breach of the above representations and warranties.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. The Program, all Books, and any other information, content, materials, products, and other services provided by us to you are made available on an “as is” basis, and we make no representations or warranties of any kind, express or implied, in connection with this Agreement, including as to the number of Books that we may send you during the term of this Agreement. We will not be liable to you for any damages of any kind arising from your participation in the Program or any Books, materials, and/or products sent by us to you in connection with the Program, including, but not limited to, any direct, indirect, incidental, punitive, and consequential damages. We will not be liable to you for any Books that we send to you that are lost, late, stolen, misdirected, or undeliverable.
9. FEEDBACK. You may choose, or we may invite you, to submit comments or ideas about the Program, including, without limitation, how to improve the Program (“Feedback”). By submitting any such Feedback, you acknowledge and agree that we are free to use such Feedback for any purpose without any additional compensation to you.
10. PERSONAL INFORMATION. You acknowledge and agree that you have the right to provide us with any personal information that you submit to us in connection with the Program or this Agreement and such personal information will be subject to the terms and conditions of our Privacy Policy.
11. RELATIONSHIP OF PARTIES. You are not an employee or representative of ours, nor are you authorized to obligate or bind us in any way. You agree that you are not entitled to claim any of the rights or benefits of our employees.
12. ASSIGNMENT. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
13. ENTIRE AGREEMENT. This Agreement is the complete agreement between the parties with respect to the subject matter hereof. We reserve the right to amend this Agreement at any time in our sole discretion by posting the revised Agreement on this website. Your continued participation in this Program after any such revisions constitutes your acceptance of the revised Agreement. If any provision of this Agreement is deemed unenforceable, the rest of the Agreement will remain in effect. No failure on our part to exercise any right or remedy under this Agreement or insist on your compliance with your obligations hereunder will constitute a waiver by us of our right to exercise such right or remedy or demand such compliance.
14. JURISDICTION. This Agreement will be governed by Australian law, and any action or proceeding arising out of this Agreement may only be brought in Australian courts.