TERMS AND CONDITIONS OF DRAWING SUBMISSIONS TO OLD SKULL GAMES
The Old Skull Games Community Event : Draw your World !This License Agreement (hereafter, the “Agreement”) shall set forth the terms and conditions for the submission of artwork based on Old Skull Games Property (as defined below) in order to participate in the Community Event, you must first acknowledge your agreement to the terms and conditions of this Agreement by ticking the “I agree that my submission can be fully used” in the google form. Note that you may not accept the Agreement if you are not of legal age to form abinding contract with Old Skull Games.Old Skull Games Property.
All title, ownership and intellectual property rights in and to the interactive games produced by Old Skull Games SAS, a french corporation, (“Old Skull Games”), including, but not limited to the interactive products developed as part of Old Skull Games’s Tiny Worlds. This may include any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, structural or landscape designs, animations, sounds,musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation, all of which are owned or licensed by Old Skull Games, and are protected by the copyright laws of France, international treaties and conventions, and other applicable laws (“Old Skull Games Property”).
For the purposes of this Agreement, and in consideration of your agreement to abide by the terms and conditions contained herein, Old Skull Games hereby grants you a limited, non-exclusive, world-wide, royalty free, perpetual license to use the Old Skull Games Property to create drawings, illustrations, and/or graphicrepresentations based on the Old Skull Games Property for submission to the Community Event : Draw your World.
In consideration of Old Skull Games providing you the opportunity to participate in the Community Event : Draw your World, you hereby grant to Old Skull Games an exclusive, worldwide, royalty free,perpetual license to exploit, commercially or otherwise, the drawing/illustration based upon Old Skull Games Property that you submit to Old Skull Games’s Community Event : Draw your World (“Licensed Materials”) for its business purposes in all media, in whole or in part, distorted in character or form, includingbut not limited to, the right to use the Licensed Materials on its websites, as well as for its internal, trade, and advertising purposes.
Representations and Warranties.
With respect to the Licensed Materials, you hereby warrant that: (a) You are 18 years of age or older; (b) you have the right to provide Old Skull Games the foregoing license to utilize the Licensed Materials without liability or compensation to others; and (c) the use, reproduction, distribution, or transmission of the Licensed Material will not, and the Agreement does not violate any foreign or domestic, federal, state or local law or regulation, or any rights of any third party, including, but not limited to, any copyright, patent, trademark, trade secret, music, image, or other proprietary, property, or contractual right, or constitute false advertising, unfair competition, defamation, nvasion of privacy or rights to celebrity, or any other right of any person or entity.Indemnity.You agree to defend, indemnify and hold Old Skull Games harmless from any claims, litigations, actions, damages or fees of any kind (including reasonable attorney’s fees) arising from: (i) a breach of Your representations and warranties hereunder, and (ii) Old Skull Games or Your use or disclosure of subject matter which You know or reasonably should know others have rights in, except, however, for subject matter and the identity of others having rights therein that You disclose to Old Skull Games in writing before Old Skull Games uses the subject matter.
The sole consideration for the license granted under this Agreement by you to Old Skull Games shall be the display of the Licensed Materials with a credit line that provides credit to you as the author/creator of the Licensed Materials. Old Skull Games shall have the right to determine, in its sole discretion, how and when to display the Licensed Materials, if at all. As such, if Old Skull Games chooses to display the Licensed Materials, Old Skull Games shall solely determinethe length of time that the Licensed Materials would be displayed, and how. It is agreed by the parties hereto that display of the Licensed Materials as stated above is full and complete consideration for the grant of license contained herein.In the event that Old Skull Games should fail to place the credit, line on the Website in association with the Licensed Materials, Old Skull Games will take reasonable steps to correct such error, but in no event will such failure be deemed a material breach hereunder.Changes to this Agreement.From time to time, Old Skull Games may replace this Agreement with new versions (each a “New License”), and in such an event, this Agreement will terminate immediately upon the introduction of a New License. When Old Skull Games replaces this Agreement, Old Skull Games shall post the New License on this site, and you will then have thirty (30) days to accept or reject the New License. To reject a New License, you can contact Old Skull Games at firstname.lastname@example.org to inform Old Skull Games of your rejection of the New License, and thereafter, Old Skull Games no longer post the Licensed Materials on the Website. If, after the thirty day review period has expired, you have not rejected the New License, then the New License shall become a binding agreement between you and Old Skull Games for the use of the Licensed Materials.
The relationship between the parties hereto shall be that of a licensor and a licensee, and neither party shall represent itself as an agent, representative or partner of the other. Old Skull Games may terminate this Agreement at any time in the event of your material breach of this Agreement. Additionally, there may be times when Old Skull Games will need to terminate your right to use Old Skull Games Property for business reasons, and in such a case, Old Skull Games shall have the right to do so without notice or liability to you. This Agreement shall be eemed to have been made and executed in the State of California and any dispute arising hereunder shall be resolved in accordance with the law of California. You may not assign your rights under this Agreement without the express written consent of Old Skull Games. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
Acknowledgement of binding nature of the foregoing terms and conditions.
You hereby acknowledge that you have read and understand the foregoing Agreement and agree that by activating, or ‘ticking’ the ‘I Accept’ button associated herewith is an acknowledgment of your agreement to be bound by theterms and conditions of this Agreement. You also acknowledge and agree that this Agreement is the complete and exclusive statement of the agreement between Old Skull Games and yourself and that the Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Old Skull Games and yourself related to the subject matter of this Agreement.