Our Agreement

These terms (the “Agreement”) set out our your rights and obligations in providing illustrations, artwork, audio-visual, literary, photographic and any other type of creative content (“Content”) to Trees for Cities (“us”, “our”), and the scope of rights you have granted us to use the Content.  We have drafted the terms of the Agreement as clearly and as simply as possible, but we want to take this opportunity to remind you that this is a legally binding agreement between you and us on the terms set out below.  Please consider it carefully.

Content Contribution

You may provide Content for use by us on our website, promotional materials, campaigns, social media and any and all activities we undertaking in furthering our charitable objectives (the “Purposes”).  

We’re a charity that gets stuff done, and we’re keen to promote our work in a positive way. We aim to be upbeat, optimistic and inclusive, delivering a message that can give our audience hope and encouragement. While we value humour, the Content you create should steer away from being sarcastic or mocking. The tone is conversational but focused.  Your Content should fit within our brand guidelines (available to you upon request). As a creator you do not have to strictly follow these guidelines, but should keep them in mind. When it comes to written text, we would prefer if you use our font Trunk (headlines) and Open Sans (body text). 

We do not guarantee that any Content you provide to us will be used by us for the Purposes.   Overall, it will likely be a decision made on a project-to-project basis, depending on what audience we want to reach and what type of Content you are creating.

Copyright and Grant of Rights

You shall retain ownership of and copyright and any other intellectual property rights in the Content.  In exchange for our crediting and publicising you on the terms set out below, you grant us an irrevocable, non-exclusive, royalty free, sub-licensable, worldwide licence to produce, publish, modify, and adapt the Content or any part of it for the Purposes and in all forms of media for the full term of copyright from the date of signature of this Agreement.  

An irrevocable licence means that, once you have sent us the Content, you cannot revoke the licence you have granted to us in the future. Because it is a royalty free grant of rights, we will not have to pay you any fees for using the Content in accordance with the licence that you have granted to us.

Credits

Make sure you let us know how you want to be credited (i.e. what name you would like us to use), and send over any relevant social media handles or websites links.  We will use our reasonable endeavours to credit you where we can, the primary exceptions being social media or platforms where text space is extremely limited.  You hereby waive your moral right to be identified as the creator of the Content on the basis that we can’t guarantee we can always attribute your Content to you as explained above.

Warranties and Indemnity 

We respect your intellectual property rights and the intellectual property rights of others and we need to know that we are properly authorised to use the Content.

You therefore promise that:

• you have the full power to enter this Agreement;
• you are the original creator of the Content and are the owner of the rights granted under this Agreement;
• if you have used or featured anyone else’s work in the Content (for example, photographs, text, music, etc.) (“Third Party Content”), that you have obtained (and paid, if necessary) for all relevant authorisations and consents to do so. If you are in any doubt you should leave out any works used which are not your own original creation;
• our use of the Content pursuant to your grant of rights is in no way a violation or an infringement of any existing copyright or licence including in any Third Party Content; and
• the Content contains nothing obscene, libellous, defamatory or otherwise unlawful.

You agree to compensate us for costs or awards associated with a claim against us arising from your breach of any of the promises set out above.

The above provisions survive the termination of this Agreement.

Termination

Either you or us may terminate this Agreement at any time on 30 days’ written notice.  Termination of this Agreement shall not impact the licences granted in Content you have provided to us prior to termination of this Agreement or any promises or compensation commitments given under this Agreement.

Applicable Law

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 (or Scotland or Northern Ireland if you are resident there).  We agree that the courts of England and Wales (or Scotland or Norther Ireland if you are resident there) 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.

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