CraneMag Contributor Terms

Version 1.0
Effective date: 2012-08

1. Scope and acceptance

1.1 These Contributor Terms (“Terms”) govern every submission of editorial material to CraneMag, whether made through the submission form on cranemag.com, by email, or by any other means.

1.2 CraneMag is operated by [legal entity name], registered with the Netherlands Chamber of Commerce under number [KvK number], with its registered office at [address] (“CraneMag”, “we”, “us”).

1.3 By ticking the acceptance box on the submission form, or by sending material to us after having been referred to these Terms, you enter into a binding agreement with CraneMag on these Terms.

1.4 We make these Terms available before submission as a web page and as a downloadable PDF, and we include the full text in the confirmation message sent to you after submission. You are advised to save a copy.

1.5 If you submit on behalf of an organisation, you confirm that you are authorised to bind that organisation, and both you and that organisation are bound by these Terms.

2. Definitions

• Contributor, you. The natural or legal person submitting Materials.
• Submission. A single delivery of Materials to CraneMag, including any accompanying correspondence and metadata.
• Materials. All text, headlines, captions, photographs, illustrations, diagrams, drawings, video, audio, data, tables and other content contained in or supplied with a Submission.
• Publish. To make available to the public in any form or medium, including the CraneMag website, newsletters, print editions, apps, social media channels, podcasts, video channels, third party platforms and archives.
• Contributor Materials. Materials of which you are the author or rights holder.
• Third Party Materials. Materials in which rights are held by someone other than you, supplied by you with permission.

3. Licence granted

3.1 You grant CraneMag a worldwide, perpetual, irrevocable, royalty-free, non-exclusive licence to Publish, reproduce, store, host, distribute, communicate to the public, make available, index, archive and sub-license the Materials, in whole or in part, in all media and formats now known or later developed.

3.2 The licence includes the right to grant sub-licences to CraneMag’s syndication partners, distribution platforms, hosting providers and technical service providers, to the extent necessary to exercise the rights in clause 3.1.

3.3 The licence is non-exclusive. You remain free to use, license and publish the Materials yourself and to grant rights to others, subject to clause 3.5.

3.4 You retain ownership of the copyright and all other intellectual property rights in the Contributor Materials. Nothing in these Terms transfers ownership of those rights. This clause reflects the requirement under Article 2(3) of the Dutch Copyright Act (Auteurswet) that an assignment of copyright requires a deed.

3.5 Unless otherwise agreed in writing, you grant CraneMag a period of thirty (30) days from the date of Submission during which you will not publish the Materials, or a substantially similar version of them, elsewhere. After that period, or after we notify you that we will not publish, this restriction lapses.

3.6 The licence in clause 3.1 survives any withdrawal of the Submission, any termination of these Terms and any removal of the Materials from our active channels, to the extent necessary for us to maintain archives, comply with legal obligations, and defend or bring legal claims. This does not affect clause 11.

3.7 You grant CraneMag the right to use your name, job title, employer and portrait photograph in connection with the Materials, where you have consented to this on the submission form or where such details are inherent to the Materials.

4. Editorial rights

4.1 CraneMag has full editorial control over the Materials. We may, without further consultation:

1. edit, shorten, expand, restructure and rewrite the text;
2. change the headline, subheadings, standfirst, captions and metadata;
3. translate the Materials into any language;
4. fact-check the Materials and correct errors;
5. add captions, credits, graphics, links, footnotes, editorial notes and contextual information;
6. crop, resize, rotate, colour-correct, retouch for technical quality, and apply watermarks or overlays to images;
7. combine the Materials with other content, including content from other contributors;
8. select which parts of the Materials to Publish, and which not to Publish.

4.2 We will not knowingly alter the substantive factual meaning of the Materials in a way that misrepresents your position. If we make a substantive change of that kind, we will use reasonable efforts to inform you before publication.

4.3 Where you have supplied Third Party Materials subject to licence conditions that restrict editing or require specific credit lines, you must state those conditions clearly in your Submission. Absent such a statement, we will treat the Materials as free of editing restrictions.

5. Moral rights

5.1 To the fullest extent permitted by Article 25(3) of the Dutch Copyright Act, you waive:

1. your right to oppose publication of the Materials without attribution of your name, and your right to oppose publication under a different name;
2. your right to oppose changes to the designation of the work and to the Materials themselves.

5.2 Clause 5.1 does not affect your right under Article 25(1)(d) of the Dutch Copyright Act to oppose any distortion, mutilation or other modification of the Materials that would be prejudicial to your honour or reputation. That right cannot be waived and is expressly preserved.

5.3 Our normal editorial practice is to credit contributors by name. Clause 5.1 exists to accommodate space constraints, aggregated formats, social media excerpts and syndication, not to remove attribution as a matter of course.

5.4 Where your Materials incorporate Third Party Materials, you are responsible for ensuring that any moral rights of the third party author are respected and that required credits are supplied to us.

6. Contributor warranties

You represent and warrant that, at the time of Submission and for the duration of the licence:

6.1 Originality. The Contributor Materials are your own original work, are not copied from any other source, and have not been generated in a manner that would infringe the rights of others.

6.2 Ownership and permissions. You own all rights in the Contributor Materials, or you have obtained written permission from every rights holder sufficient to grant the licence in clause 3, including for all Third Party Materials.

6.3 Licensed stock and press material. All stock imagery, manufacturer press material, brand assets, technical drawings, maps and datasets included in the Materials are licensed for editorial use in the manner contemplated by these Terms, including online publication, syndication and archiving. You have supplied us with the applicable credit lines and any licence restrictions.

6.4 No infringement. The Materials do not infringe any copyright, neighbouring right, database right, trademark, design right, patent, trade secret, contractual right, right of publicity or privacy right of any person.

6.5 Identifiable persons. Every person recognisably depicted in the Materials has consented to publication of their image in the manner contemplated by these Terms, as required under Article 21 of the Dutch Copyright Act and applicable data protection law. Where a depicted person is a minor, consent has been obtained from a parent or legal guardian.

6.6 Sites and property. Where photographs, video or drone footage were made on private, industrial, port, construction or otherwise restricted premises, you had the permission of the site owner or operator, both to make the recordings and to have them published. All recordings were made in compliance with applicable safety and aviation rules.

6.7 Confidentiality. The Materials contain no confidential or commercially sensitive information belonging to any third party, and their publication breaches no non-disclosure agreement, employment obligation or contractual duty of confidence to which you or your employer are subject.

6.8 Accuracy. All statements of fact in the Materials are accurate to the best of your knowledge, all technical specifications, load figures, capacities, dates, project values and company details have been verified by you, and all quotations attributed to named individuals were actually made by them and are reproduced fairly.

6.9 Lawful content. The Materials contain nothing defamatory, misleading, discriminatory, obscene or otherwise unlawful, and nothing that constitutes unfair commercial practice or misleading comparative advertising.

6.10 Safety depictions. Where the Materials depict working practices that do not comply with applicable safety regulations, you have informed us of this in your Submission.

6.11 Capacity. You are at least 18 years of age and have full legal capacity to enter into these Terms.

7. Disclosure obligations

7.1 You must disclose in your Submission any commercial, financial, employment, consultancy, ownership or family relationship between you and any company, product, project or individual featured in the Materials.

7.2 You must disclose whether the Submission was paid for, sponsored, commissioned or otherwise supported by a third party, and whether any third party had approval rights over its content.

7.3 You must disclose any use of generative artificial intelligence in producing the Materials, specifying whether it was used for text, images, translation, research or data analysis, and to what extent.

7.4 You warrant that no image in the Materials presents a synthetic, composite, staged or digitally manipulated scene as a record of a real event. Standard technical adjustments such as exposure, contrast, colour balance, sharpening and cropping are permitted, provided they do not change the substance of what is depicted.

7.5 CraneMag may publish any disclosure made under this clause alongside the Materials, and may label the Materials as sponsored, promotional or AI-assisted where required by the Dutch Advertising Code (Nederlandse Reclamecode), the Digital Services Act, applicable Federal Trade Commission guidance or any other applicable rule.

7.6 Failure to make a required disclosure is a material breach of these Terms.

8. No obligation to publish

8.1 CraneMag is under no obligation to publish any Submission, in whole or in part, and may decline a Submission for any reason or no reason.

8.2 We may at any time and at our sole discretion unpublish, amend, correct, update, relabel, move to an archive or permanently delete any published Materials.

8.3 We give no undertaking as to the timing, placement, prominence, format or duration of publication.

8.4 We are not obliged to return or preserve any Materials submitted to us, and you should retain your own copies and original files.

9. Fees and expenses

9.1 No fee, royalty, expense reimbursement or other compensation is payable for a Submission unless expressly agreed in writing and signed by an authorised representative of CraneMag before publication.

9.2 Where a fee has been agreed in writing, it constitutes full and final consideration for all rights granted under these Terms, and no further payment is due for republication, syndication, translation or archiving.

10. Indemnity and liability

10.1 You will indemnify and hold harmless CraneMag, its group companies, directors, employees and syndication partners against all reasonable and demonstrable damages, losses, costs and expenses, including reasonable legal fees, arising from any third party claim that results from a breach by you of the warranties in clauses 6 and 7.

10.2 The indemnity in clause 10.1 applies only to the extent that the claim results from your breach. It does not apply to the extent that the claim arises from editorial changes made by CraneMag under clause 4, from our own negligence, or from material added by us.

10.3 Where you act as a consumer within the meaning of Dutch law, the indemnity in clause 10.1 is limited to damages, losses and costs actually incurred and reasonably attributable to your breach, and is capped at an amount that is proportionate in the circumstances. Nothing in these Terms limits any right you have under mandatory consumer protection law.

10.4 We will notify you promptly of any claim to which the indemnity may apply, will not settle it without consulting you, and will give you a reasonable opportunity to comment on the defence.

10.5 CraneMag’s total liability to you arising out of or in connection with these Terms is limited to any fee agreed under clause 9, or, where no fee has been agreed, to EUR 250. This limitation does not apply in the event of intent or deliberate recklessness on our part, nor to liability that cannot be limited under mandatory law.

10.6 CraneMag is not liable for any indirect or consequential loss, including loss of profit, loss of business, loss of goodwill or reputational harm.

11. Corrections, complaints and takedown

11.1 If you become aware after Submission that any part of the Materials is inaccurate, infringing, or no longer permitted to be published, you must notify us without undue delay at [editorial email address].

11.2 Any person may submit a correction request, complaint or takedown notice to [legal email address], stating the URL, the passage or image concerned, the grounds, and their contact details.

11.3 We will acknowledge a notice within five (5) working days and will assess it on its merits. Where we consider a notice justified, we will correct, annotate, unpublish or remove the Materials concerned, and where appropriate publish a correction note.

11.4 Removal of Materials at your request does not oblige us to recall, retract or remove copies already distributed to syndication partners or third party platforms, although we will pass on the request where reasonably practicable.

11.5 This clause does not limit any statutory notice and takedown obligations applicable to CraneMag.

12. Personal data

12.1 CraneMag processes personal data relating to you and to persons named or depicted in the Materials. The processing is described in the CraneMag Privacy Policy, which forms part of the information provided to you under Articles 13 and 14 of the GDPR.

12.2 We process your submission data on the basis of the performance of this agreement and our legitimate interest in operating an editorial publication, and we retain records of Submissions and of your acceptance of these Terms for as long as the Materials remain published, plus the applicable limitation period, in order to evidence the licence granted.

12.3 Where you supply personal data of third parties, including images of identifiable individuals, you are responsible for having a valid legal basis for providing that data to us and for having informed those individuals as required.

12.4 Marketing communications, including the CraneMag newsletter, are sent only on the basis of separate, freely given consent, which you may withdraw at any time.

13. Term, breach and survival

13.1 These Terms take effect on Submission and continue for as long as CraneMag holds or exercises rights in the Materials.

13.2 If you breach these Terms, we may unpublish or delete the Materials, decline future Submissions from you, and pursue any remedy available at law.

13.3 Clauses 3, 5, 6, 7, 10, 11, 12, 13, 14 and 15 survive termination or expiry of these Terms.

14. Changes to these Terms

14.1 We may amend these Terms for future Submissions. The version in force at the time of your Submission, identified by the version reference recorded with your Submission, governs that Submission.

14.2 Amended Terms do not apply retroactively to Materials already submitted, except where the amendment is necessary to comply with applicable law.

15. Governing law and jurisdiction

15.1 These Terms and any non-contractual obligations arising out of them are governed by the laws of the Netherlands.

15.2 Any dispute will be submitted to the exclusive jurisdiction of the competent court in Zeeland-West-Brabant, the Netherlands, unless mandatory rules of law designate another competent court. Where you act as a consumer, this clause does not deprive you of the protection of the mandatory rules of the country of your habitual residence.

15.3 If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in force, and the invalid provision will be replaced by a valid provision that approximates its intended effect as closely as possible.