THIS AGREEMENT IS BETWEEN SINE WAVE ENTERTAINMENT LTD (“COMPANY”), AND YOU, THE CREATOR UPLOADING CONTENT ONTO OUR SERVERS (“SUPPLIER”).
The Parties agree to the following:
- Content includes any intellectual property, designs, 3D model files, source files, related to products intended for distribution on the Platforms
- The company reserves the right to discontinue hosting content at its discretion, including but not limited to content review policies, and/or excessive or abusive use of the service.
- As a Supplier, you agree to the following terms for the content submitted for inclusion on the Platforms:
- A. The Supplier agrees to act in good faith, and verify content submitted does not include copyrights, trademarks or intellectual property that the Supplier does not have permission to include.
- B. The Supplier will not upload content designed to cause harm to users of the Platforms, including but not limited to, computer viruses, content designed to trigger photosensitive epilepsy, or other content with malicious intent.
- C. The Supplier retains all ownership of any intellectual property submitted to the Company, however the Supplier agrees to provide a world-wide, perpetual, non-exclusive license to use that content in any way the Company needs for the purposes of pursuing this agreement.
- D. For the purposes of allowing content received by end-users to remain available to them, the right to display and distribute the content on the Platforms survives any termination of this agreement.
- E. The Company has no obligation to distribute the content to end-users, and may not include, or discontinue the content from sale, distribution or inclusion in the Platforms at its will.
- F. The Company has the right to use the content, and the names of the developers and any associated trademarks, in marketing and promotional materials related to the Platforms.
- The relationship between the parties shall at all times be that of independent contractors. No employment, partnership or joint venture relationship is formed by this agreement and at no time may the supplier position itself as affiliated to the Company, except as an independent supplier. In view of this independent relationship the Supplier shall not enter into any agreements on behalf of the Company, shall make no warranty either expressed or implied on behalf of the Company and shall not incur any expenses on behalf of the Company.
- This agreement does not grant exclusive rights to the Supplier and the Supplier shall have no rights under any other agreements entered into by the Company with other Suppliers. Likewise, this agreement does not grant exclusive rights to the Company, except where otherwise agreed by both parties.
- The Supplier agrees not to disclose any confidential information pertaining to the Company's goods or services nor that of prospective or existing customers to any third party. This clause survives any termination of this agreement for five years from the date of termination.
- Either party may terminate this agreement at any time by giving the other party thirty (30) days prior written notice. Upon termination existing content granted to users within the Platforms will remain unaffected and existing customers using the Supplier's content will be able to continue their use under the terms of the Platforms.
- The supplier specifically indemnifies the Company against all intellectual property claims (including but not limited to Copyrights, Trademarks, Patents and Trade Secrets) that may arise and warrants that all content supplied under the agreement is owned by the supplier or licensed for resale under terms that meet the terms and conditions of the Company's Platforms.
- The Company may choose to terminate this agreement automatically in the event that the Supplier has provided unlicensed intellectual property from third parties. The Supplier agrees to pay any and all costs incurred by the Company resulting from the inclusion of unlicensed intellectual property, including but not limited to legal fees, settlements, costs in removing the content, and refunding consumers.
- From time to time, the Company may amend this agreement with 30 days’ notice – continued use of the service constitutes acceptance of these amended terms.
- This agreement constitutes the whole agreement between the parties and any alteration must be in writing and signed by both parties.
- The parties hereby agree that this Agreement shall be construed in accordance with English Law, and the courts of London, United Kingdom.
