3. SAE Graduate Submissions
3.1 We permit the submission of videos or other communications submitted by SAE graduates (Graduate Submissions) and the hosting, sharing, and/or publishing of such Graduate Submissions. Graduate Submissions are made at your own risk and we do not guarantee confidentiality of any such material, even if unpublished on this Site. You are solely responsible for your own Graduate Submissions and the consequences of posting or publishing them to this site. In connection with Graduate Submissions, you represent, and/or warrant:
(a) you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use the Graduate Submissions to enable inclusion and use of the Graduate Submissions in the manner contemplated by the Site and these Terms;
(b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Graduate Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Graduate Submissions in the manner contemplated by the Site and these Terms;
(c) without limiting (a) or (b), you have ensured that each person involved in creating any part of the Graduate Submission and each person whose performance is recorded in the Graduate Submission has waived any and or moral rights they have in each copyright work or other subject matter comprised in the Graduate Submission outside of Australia and within Australia has consented to us, our assignees or licensees doing or failing to do any act in relation to those works that may otherwise infringe their moral rights in the works including without limitation:
(i) exercising any of the rights in the works without identifying them;
(ii) editing or otherwise altering the works; or
(iii) using the works as contemplated in these Terms;
(d) the uploading to and the inclusion of the Graduate Submissions on the Site will not breach any law or infringe the rights of, or duties owed to, any person whether arising under contract, statute, common law or otherwise; and
(e) you are not aware of any claim, actual or threatened, in relation to the Graduate Submissions (including a claim that the Graduate Submission infringes a person's intellectual property rights) and have no grounds to suspect that such a claim will or might be made.
3.2 You retain all of your ownership rights in your Graduate Submissions. However, by submitting the Graduate Submissions to us, you grant to us a worldwide, non-exclusive, royalty-free, license (able to be sublicensed and transferred by us including to users of the Site) to use, reproduce, distribute, display, publish, communicate to the public, perform and prepare derivative works and adaptations of the Graduate Submissions in connection with the Site and our business. You also hereby grant each user of the Site a non-exclusive license to access your Graduate Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Graduate Submissions as permitted through the functionality of the Site and under these Terms.
3.3 We do not warrant that we review every Graduate Submission before it appears on the Site. We operate a 'notice and take-down' policy which means if we notice or are made aware of a Graduate Submission that contravenes these Terms, we reserve the right to remove the Graduate Submission. Any such complaint should be directed in writing to SAE Australia.
3.4 We encourage you to contact us if you feel a Graduate Submission violates the below detailed rules.
3.5 In connection with Graduate Submissions, you agree that you will not:
(a) submit material in which copyright subsists, or is protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
(b) publish misleading or inaccurate material or misrepresentations that could damage us or any third party;
(c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
(d) post advertisements or solicitations of business; or
(e) impersonate another person.
(d) We do not endorse any opinion, recommendation, or advice expressed in a Graduate Submission, and we expressly disclaim to the extent allowable in law to any and all liability in connection with Graduate Submissions.