Groundbreaker Submission Agreement

All content uploaded to the Groundbreakers Timeline will be reviewed and approved for publication by a representative of Rio Tinto.

This Submission Agreement contains important terms that affect your legal rights, so please read it carefully. It govern the relationship between you and Pilbara Iron Company (Services) Pty Limited (ABN 35 107 210 248), part of the Rio Tinto group, regarding the information you provide to us.

By uploading content and participating in the Groundbreakers Timeline, you agree to be bound by the terms of this Submission Agreement and Rio Tinto’s site terms.

By participating in the Groundbreakers Timeline, you agree as follows:

  1. When you provide photographs, video or audio (including any metadata associated with such content, including but not limited to location information), text, profile information, or any other materials (collectively, “content”) to Rio Tinto, you understand that such content may be publically viewable and you allow others to access, use and share such content. For more information about how Rio Tinto collects, users and shares information about you, please see our Privacy Policy (link).
  2. You represent and warrant that you are at least 18 years old.
  3. You represent and warrant that you (a) own and control all rights, title and interest in and to the content you submit or that you otherwise have all rights, permissions and consents necessary to post and use such content in connection with the Groundbreakers Timeline (including, but not limited to, the right to use names, images and likelinesses of any third party referenced or appearing in the content) and (b) have all the rights necessary to provide Rio Tinto and its affiliates, agents, representatives, licensees and assignees with the license and rights set forth in Section 4 below.
  4. You hereby grant to Rio Tinto a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publically display the content you submit in whole or in part, on Rio Tinto’s websites and on third-party sites for any purpose, including for promotional and publicity purposes. For purposes of clarification and not limitation, this license includes, and you expressly consent to, Rio Tinto’s right to use and publically display your name, image, likeness and persona.
  5. Any statements, remarks or claims contained or depicted in your content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your content, you further agree to disclose any material connections you may have with Rio Tinto or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at Rio Tinto’s request.
  6. You represent and warrant that the content you submit will only portray activities relevant to Rio Tinto. In addition you agree that you will not submit content that:
    • Infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of another;
    • Includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent, revisionist or otherwise objectionable;
    • Displays, describes or encourages that use of a product or service that could be offensive, inappropriate or harmful to Rio Tinto or any other person, or depicts the use of Rio Tinto equipment in a manner than is contrary to any instruction or warnings relating to the equipment;
    • Socially unacceptable or discriminatory behavior or signs;
    • Controversial subject matter such as religious or political statements or images;
    • Phone numbers, URL's or addresses;
    • Athletes, entertainers, celebrities, musicians or cartoon characters;
    • Violent acts or death imagery;
    • Advertising or promotional materials, or branded products;
    • Illegal or anti-social behavior;
    • Alcohol, tobacco or firearms;
    • Impinges upon or violates the publicity, privacy or data protection rights of others; or
    • Makes or inclines false or misleading statements, claims or depictions about a person, company, product or service.
  7. Rio Tinto at its sole discretion will have the right to accept or reject any content submitted or to remove such content used in the Groundbreakers Timeline at anytime for any reason.
  8. To the fullest extent allowed by law, you agree to release discharge and indemnify Rio Tinto and its employees, contractors, sponsors or any other person acting under Rio Tinto’s permission or authority, for any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the content you submit or the name, image, likeness, persona or other information you provide in connection with such content. You further agree to waive any rights to injunctive relief you may have in connection with this Submission Agreement.
  9. This Submission Agreement will be governed by applicable federal law and the laws of Western Australia, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Rio Tinto’s rights to the content under federal and state common law and statutes (such as rights of public domain and fair use).