CREATOR PROMOTION AGREEMENT
SUMMARY
In order to help you succeed as a creator, you have to be able to bring as many eyeballs to it as possible. However, Comickas understands that this is not feasible for most creators due to your financial and workload limitations. This is why Comickas has come up with this free service to promote your Content.
YOU MUST SPECIFY IN YOUR PROFILE PAGE IF YOU AGREE TO LET COMICKAS.COM PROMOTE YOUR CONTENT FOR YOU. IF YOU DO NOT WISH TO RECEIVE FREE PROMOTION OF YOUR CONTENT, COMICKAS WILL RESPECT YOUR DECISION AND THE FOLLOWING AGREEMENT DOES NOT APPLY. IN THE EVENT THAT YOU AGREE TO LET COMICKAS.COM PROMOTE YOUR CONTENT FOR YOU, ALL TERMS GOVERNING THE PROCESS ARE LISTED BELOW AND WILL COME INTO IMMEDIATE EFFECT.
By agreeing to let Comickas promote your submitted contents (hereafter refer to as ‘Content’), you are essentially granting Comickas a license to modify and redistribute your Content.
Some of Our Promotional Methods Include:
1.1 Creating and paying for any press releases that Comickas feels will generate publicity for both the Content Creator and Comickas.com.
1.2 Advertising Featured Members and Contest Winners on relevant websites.
1.3 Showcasing Content on relevant websites.
1.4 Using your Content to create promotional materials for the purpose of promoting both the Content Creator and Comickas.com. Promotional materials include and are not limited to: banner advertisements, pamphlets, postcards, posters, catalogues and Comickas-sponsored publications.
1.5 Presenting your Content to industry experts who are looking to make hiring decisions.
We respect you as the Content Creator and WILL NOT do the following with your Content:
1.1 Comickas will not use your Content on objectable, illegal or otherwise inappropriate websites. This includes modified versions of your Content.
1.2 Comickas DOES NOT CLAIM ANY RIGHTS to your Content. Comickas will not make any copyright claims and the Content Creator retains all exclusive rights to the Content.
1.3 Comickas will not intentionally misrepresent your Content. All modified or redistributed Content will not be presented out of context or misquoted.
1.4 Comickas will respect your wish to opt-out of this promotion agreement at any time, but will not be required to remove already existing promotional materials. This is simply because it will be impossible for Comickas to track down all previous promotion efforts.
1. GRANT OF LICENSE
1.1 Content Creator hereby grants to Comickas a non-exclusive, worldwide license to utilize the Content for display on the Comickas.com. Comickas shall be permitted to make depictions of the Content, in suitable file format for placement on the Comickas.com. Such depictions may be displayed on the Comickas.com, third-party websites and all other electronic and physical mediums.
1.2 Comickas shall have no right to grant sublicenses of any kind with respect to the Content.
1.3 Upon execution hereof, the Content Creator is delivering to Comickas digital copies of such Content. Content Creator shall grant to Comickas upon reasonable request, access to the original work of Content in order to assist the Comickas in the creation of the graphical depictions for placement on the Comickas.com.
1.4 Comickas is permitted to modify the Content for display on the Comickas.com, third-party websites and all other electronic and physical mediums.
2. ROYALTY PAYMENTS TO CONTENT CREATOR
Due to the free promotion provided, Comickas is not obligated to pay any royalty fees to the Content Creator.
3. TERM AND TERMINATION
3.1 The term of this license shall be perpetual, unless terminated pursuant to the terms hereof.
3.2 Content Creator may terminate this license upon written notice to the Comickas in the event that the Comickas (i) breaches any provision hereof or uses the Content in a manner that is beyond the scope of use permitted in this Agreement, or (ii) files a petition in bankruptcy or is adjudicated by a court of competent jurisdiction to be bankrupt or insolvent, or if a receiver is appointed over the Comickas.
3.3 Comickas shall have the right to terminate this Agreement, with or without cause, upon giving thirty (30) days advanced written notice to the Content Creator.
3.4 Upon any termination hereof, all prior and existing rights licensed to Comickas as provided will remain and Comickas shall not be required to remove or discontinue use of any existing promotional materials. However, Comickas will not be allowed to use Content submitted on or after the termination date for any promotional activities.
4. REPRESENTATIONS AND WARRANTIES
Content Creator makes the following representations and warranties to the Comickas:
4.1 Content Creator is the sole and exclusive owner of the Content and the Content is not subject to any claims by any other party.
4.2 Content Creator has the full right, power and authority to enter into this Agreement and to grant the license to Comickas as set forth herein.
4.3 Content Creator is the owner of the copyright in and to the Content and to the best of the Content Creators knowledge and belief, the Content does not infringe upon the copyrights or other proprietary rights of any other party.
5. PROPRIETARY RIGHTS
5.1 Comickas acknowledges and agrees that the Content Creator maintains all exclusive rights in and to all proprietary rights relative to the Content, including but not limited to the copyright and all moral rights and other rights that may exist under any state or federal law, subject only to the right of Comickas to use the Content within the scope of this Agreement. Comickas agrees that it shall not contest, dispute, or take any actions in contravention of the proprietary rights of the Content Creator in and to the Content and depictions thereof.
5.2 Content Creator shall have the right to obtain and apply for a copyright registration relative to the graphical depiction of the Content, to the extent separate copyright of such graphical depiction is available or necessary.
5.3 Content Creator agrees to indemnify, hold harmless and defend Comickas from and against any and all claims that the Content infringes upon the proprietary rights of any other party.
5.4 Content Creator shall have the sole and exclusive right, in its discretion, to bring any claim, suit, threat or demand against any other party claiming infringement upon the proprietary rights of the Content Creator in and to the Content.
6. MISCELLANEOUS PROVISIONS
6.1 All notice herein shall be sent via certified or registered mail, return receipt requested, or delivered by reputable national overnight delivery service, to the parties at their respective addresses as set forth on the signature page of this Agreement. Either party may change its address for purposes of this Agreement by giving written notice to the other party as set forth herein.
6.2 This Agreement shall be governed by and any dispute or interpretation hereof shall be under the laws of the State of Chicago. The parties agree that any legal action relative hereto shall be brought in the courts in Chicago, USA and each of the parties consent to jurisdiction of such courts.
6.3 This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, assigns, executors, estates, and administrators. This license may not be assigned by the Comickas.
6.4 The waiver of an instance of breach or default by either party shall not act as a modification of this Agreement nor shall it foreclose such party from claiming subsequent breaches or default based upon the same or different set of circumstances.
6.5 This Agreement contains the entire understanding of the parties relative to the subject matter hereof and supercedes and replaces all prior agreements and understandings between the parties.