TERMS & CONDITIONS

By registering as a contributor to RTÉ Brainstorm, you (the Contributor) agree to be bound by the following Terms and Conditions.  Please read carefully and then confirm your acceptance of these Terms and Conditions by ticking the box on the registration form.

  1. Data Protection
    1. In the  context of registration with Brainstorm, you will be required to provide personal data to RTÉ. You, as  Contributor, hereby agree and acknowledge that the legal bases for RTÉ processing:
      1. personal data supplied by you as Contributor to RTÉ is that such processing is necessary for the performance of these Terms and Conditions;
      2. sensitive data/special categories of personal data supplied by you to RTÉ is that you explicitly consent to such processing;
      3. if you the Contributor have indicated that you do want to be contacted regarding the provision of future services to RTÉ programme makers and producers, personal data supplied by you to RTÉ will be used for the purposes of the provision of such services.
    2. RTÉ will retain your personal data for three years.
    3. RTÉ will not share personal data supplied by you to RTÉ with third parties.
    4. RTÉ’s Privacy Policy [http://www.rte.ie/about/en/policies-and-reports/policies-guidelines/2012/0417/317412-rte-data-protection-policy/] and Cookie Policy [https://www.rte.ie/about/en/policies-and-reports/policies-guidelines/2012/0921/338536-rte-cookie-policy//] apply to your use of RTÉ.ie, including the submission of Submission (s).  In the event of any inconsistency between the Privacy Policy and these Terms and Conditions, these Terms and Conditions shall take priority.

IF YOU DO NOR AGREE WITH THESE TERMS AND CONDITIONS, THE RTÉ PRIVACY POLICY AND RTÉ COOKIE POLICY PLEASE DO NOT SIGN UP TO RTÉ BRAINSTORM.

  1. Editorial
    1. As stated in RTÉ’s Journalism Guidelines, you, as Contributor, acknowledge that the views/opinions/analysis expressed through the Brainstorm Initiative, will be yours and , not RTÉ’s. As with all RTÉ output, RTÉ does not endorse or support the opinions expressed by contributors. This is essential to ensure that RTÉ remains an impartial public space for debate.
    2. As publisher, RTÉ reserves the right to publish or not publish any Submission made by you.
  1. Publication of Submission
    1. In the event of RTÉ publication of the Submission and in consideration of the payment of the relevant fee to you by RTÉ  (which fee will be paid separately to you upon such publication), you, as Contributor, hereby irrevocably grant to RTÉ (a) an exclusive licence for the first four (4) days (the date of publication shall be the first day) and (b) thereafter, a non-exclusive licence to publish, exhibit, use and distribute the Submission  (or any part thereof) in any format on RTÉ Services and the irrevocable right to distribute and exhibit RTÉ containing the Submission  in any and all media and by all means, whether now known or hereafter invented, throughout the world in all languages, for the full period of copyright and thereafter in perpetuity to the extent permitted by law.  In the event of publication of the Submission, you, as Contributor, gives all consents which may be required under the Copyright and Related Rights Act 2000, as amended, to enable RTÉ to make the fullest use of the rights licensed under these Terms and Conditions. The licence of rights by you shall not be subject to reversion, rescission, termination, injunction or any other equitable relief. 
    2. Without prejudice to the exclusivity provisions set out above, RTÉ agrees that the Contributor’s academic institution (if any) will be entitled to publish the Submission on their website after the end of the four (4) day exclusive period
    3. RTÉ shall be entitled to use your name, academic title, photograph/likeness and biography in connection with the distribution and promotion of the Brainstorm Initiative.
    4. You acknowledge that the sharing and republishing of submissions is central to the Brainstorm Initiative and in this regard the Contributor agrees to apply a "NoDerivatives" Creative Commons licence ("CC Licence") to the Submission  and the Contributor will ensure that you, as Contributor, the Contributor’s academic institution and RTÉ Brainstorm all receive attribution under such CC Licence. 
  1. Warranties and Indemnity
    1. You warrant, represent and undertake to and with RTÉ that:
      1. You have the full right, power, legal capacity and authority  to enter into these Terms and Conditions and to license the rights as set out in these Terms and Conditions to RTÉ;
      2. You are not subject to any obligation, litigation, commitments or incapacity which will or might conflict with these Terms and Conditions or prevent you from complying with and performing these Terms and Conditions or cause the warranties, representations or undertakings set out to be or become untrue or incapable of being fulfilled;
      3. You have not done and will not do anything which might or could impair RTÉ's ability to make full use of the Submission  and to fully exploit the rights granted to RTÉ pursuant to these Terms and Conditions;
      4. You shall be the first and sole author/creator of the Submission  and the Submission  shall be wholly original save for material already within the public domain throughout the world, and you shall carry out sufficient and diligent research in relation to such material;
      5. the Submission shall not infringe the rights of any other person and may be validly copyrighted or otherwise protected in all countries which provide for copyright or similar protection and shall not contain any description of or reference to, any person, thing or incident which, if published in any manner or form, would confer upon any person or entity, a right of action or claim for damages against RTÉ;
      6. no obscene, racially inflammatory, or, defamatory material or malicious falsehood shall be included in the Submission ;
      7. you will make a full declaration of any potential conflicts of interest to RTÉ, including but not limited to political party membership(s), significant corporate donors to research, other relevant affiliations/memberships; and
      8. you have made full and honest disclosure to RTÉ and there are no matters relating to you that could bring the Brainstorm Initiative, and/or RTÉ into disrepute (including for the avoidance of doubt any previous or pending civil or criminal proceedings or charges or investigations).
    1. You indemnify and shall keep RTÉ indemnified, from and against any and all claims including any claims in respect of plagiarism, defamation, invasion of privacy or otherwise, demands, actions, proceedings, costs, damages, losses, liabilities and expenses (including legal costs, expenses and VAT) suffered or incurred directly or indirectly by RTÉ or any compensation paid or agreed to be paid by RTÉ to any third party arising out of any breach, non-performance or non-observance of any of the covenants, warranties, representations, undertakings and agreements contained or implied in these Terms and Conditions.
  1. Jurisdiction
    1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland and the parties irrevocably submit to the exclusive jurisdiction of the Irish Courts.