Content Provider Agreement
How can your Animation earn you cash. The Basics Concept.
Any User can upload ILDA format animation to the Animated Lines website. The User can provide the animation description, select catergories and keywords as well as the price per frame to be charged. After upload the AL administrator will check and then publish the animation.
Animations sold throught the Animated Lines platform (shop) are splitt 70/30 bewteen the User and Animated Lines. When a user purchases your uploaded animation your account is credited with your share; 70% of the payed amount for the purchased files. Once every 30 days Animated Lines will transfere your earnings into your cash account.
If you wish to become a content provider please be sure to read and approve the below agreement.
Approval of the Content Provider Agreement.
Please, read this Content Provider Agreement (hereafter the “CPA”) from Animated Lines (hereafter “AL”) thoroughly and save or print a copy for your own records. The CPA outlines the terms and conditions all Content Providers (hereafter the “Content Provider”) agree to be bound by when the Content Provider provides Laser animations or frames any other information or material (hereafter the “Content”) to www.animated-lines.com or other Animated Lines web-sites under other top-level domains with corresponding web pages (hereafter the Web Site) with available services from Animated Lines and its licensors. By registering as a Content Provider and submitting Content to the Animated Lines Service, the Content Provider agrees to be bound by the terms set forth herein. In order to become a Content Provider, the Content Provider shall establish a user account by reading and acceptance of the royalty-free Animated Lines License Agreement which includes the Animated Lines User Terms. The Content Provider agrees that this Content Provider Agreement may be amended by Animated Lines at any time by posting the amendment or an amended Content Provider Agreement on the Web Site and/or the Content Provider’s “Account”.
The parties accept written notices sent by e-mail. Animated Lines shall send such notices to the e-mail address registered by the Content Provider, and the Content Provider shall send such notices as well as other questions relating to this Content Provider Agreement to Animated Lines to support[at]Animated Lines.com.
Obligations regarding rights management to submitted Content.
By accepting this Content Provider Agreement the Content Provider confirms that the Content Provider has the full responsibility of rights management regarding the Content uploaded or otherwise submitted from the Content Provider to the Animated Lines Service. When submitting Content to the Animated Lines Service, the Content Provider shall state the name and address of the copyright owner to the Content. In addition, the Content Provider is responsible to provide information to Animated Lines of any limitations regarding such Content. If no such limitations are provided together with such submitted Content, the Content Provider shall be considered to be the copyright owner with full and exclusive rights to market, sell and otherwise distribute such Content. If the Content Provider has not cleared all intellectual property rights including any and all personal rights related to persons pictured on the Content, the Content Provider shall not upload or otherwise submit such Content to the Animated Lines Service.
Upload procedures and management.
The Content Provider hereby agrees to abide by and follow the upload procedures and requirements (hereafter the “Content Provider Guidelines”) at any time set forth in and displayed on the Web Site and/or the Content Provider’s “Your Account”. The Content Provider acknowledges that the Content Provider Guidelines may at any time be changed by Animated Lines, including, but not limited to, new procedures to be implemented and/or used by the parties regarding the Content and other procedures or requirements. The Content Provider acknowledges that Animated Lines takes no responsibility whatsoever for the storage of the Content Provider’s original Content, even if Animated Lines does secure storage of the Content Provider’s uploaded Content. Therefore, the Content Provider is hereby advised to maintain and keep its own backup. Animated Lines will review all uploaded Content before the Content Provider is allowed to publish the Content Provider’s submitted Content for public access through the Animated Lines Service. The Content Provider is solely responsible for the Content submitted, for the legality of the Content and for the legality of the use of the Content through the Animated Lines Service. Animated Lines has the right to remove or deny publication of any Content that does not comply with this Content Provider Agreement and/or the Content Provider Guidelines. In addition, Animated Lines has the right to remove or deny publication of any Content which Animated Lines otherwise regards to be unsuitable for the Animated Lines Service. The Content Provider acknowledges that Animated Lines under no circumstances whatsoever has any liability regarding such removal or denial. Furthermore, the Content Provider agrees that Animated Lines may alter titles and/or keywords entered by the Content Provider, and that any metadata submitted in relation to facilitating the display of the Content Provider’s submitted Content remains the property of Animated Lines.
Grant of license to Animated Lines.
By submitting Content to Animated Lines, the Content Provider hereby grants Animated Lines a worldwide, royalty-free and non-exclusive right regarding any Content submitted by the Content Provider to reproduce, prepare derivative works of, publicly display, market, sublicense, sell and/or distribute this Content. The license granted hereunder shall permit Animated Lines to sub-license the Content to third parties (hereafter the “Licensee”) in accordance with the terms of the License Agreement. The license granted hereunder shall further permit Animated Lines to utilize the Content for purposes of advertising, marketing and promoting Animated Lines, including but not limited to, use of the Content and derivative works thereof on the Animated Lines Service. In addition, the license granted hereunder shall further permit Animated Lines to display, showcase and create derivative works of the Content in the form of edited, resized, resampled, transcoded and/or cropped works of the Content, for purposes of sub-licensing such derivative works to Licensees under the terms of the License Agreement. However, both parties acknowledge that the copyright ownership to all submitted Content remains with the owner of such copyright.
Obligations for Animated Lines.
Animated Lines shall be obligated to inform all Users of the Animated Lines Service about the User Terms and the License Agreement. Such agreements shall contain an obligations for the User to accept, regarding submitted Content being available for the User or the Licensee to review and download, that any Content available for free download is for personal review purposes only, with the intention of purchase, and may not be shared, sold, rented or otherwise distributed in any form other than on the terms of said agreements or as approved by the Content Provider.
Compensation to the Content Provider.
As long as the Content Provider holds a valid Animated Lines Account, Animated Lines shall pay the Content Provider seventy percent (70%) of the fees ex. VAT and other taxes actually received from the Licensee(s) purchasing licenses to utilize the Content Provider’s submitted Content thereof. The Content Provider acknowledges that Animated Lines in its sole discretion may change the royalty rate and/or other payment terms upon posting such changes on the Web Site and/or the Content Provider’s “Account”. If any such change is not acceptable for the Content Provider, the Content Provider may terminate this Content Provider Agreement as set forth herein. In the event any transaction is subject to fraudulent activities, such as fraudulent payments or non-payments, the Content Provider acknowledges that any and all payments owed to the Content Provider are withheld until any such matter is resolved, and at least for a period of 90 days following the time of such fraudulent activities. Animated Lines is not required to provide any detailed information relating to such transactions, but should notify the Content Provider within reasonable time following any requests for payments that payments are on hold until further notice.
Pricing of licensed Content.
In terms of the pricing of the Content Provider’s submitted Content, the Content Provider is required to set, and allowed to later adjust, the appropriate price level for the individual pieces of the Content Provider’s submitted Content, choosing from the range of price levels at any time set by Animated Lines.
Payment to Content Providers occurs ONLY after the sale of content. Animated Lines will use its best efforts to pay Content Providers within five working (5) days of the purchase with payment. The Content Provider acknowledges that professional payment services may take time to process the Content Provider’s request also. All payments will be made through the payment processing services at any time offered through Animated Lines (ex. PayPal,) unless otherwise is specifically agreed, and any transaction fees at any time applied by such payment processors is automatically subtracted from the Content Provider’s receivable amount. The Content Provider acknowledges that there is a minimum payout rate of thirty (30) Euros per each royalty transaction (the Content Provider must request to receive the whole amount payable to be paid out from its own account as long as the amount is minimum 30 Euro).
Term and termination.
This Content Provider Agreement will become effective the day when Animated Lines, following the registration as a Content Provider, sends the Content Provider a written confirmation that the Content Provider holds a valid Animated Lines Content Provider Membership. This Content Provider Agreement is thereafter in effect until termination. Either party may terminate the Content Provider Agreement by giving the other party a 30 days written notice. Animated Lines may terminate this Content Provider Agreement immediately by written notice if the Content Provider violates this Content Provider Agreement, the License Agreement or the User Terms. If this Content Provider Agreement is terminated, either by the parties or due to violations thereof, at any time prior to the amount of accrued earnings in the Content Provider’s royalty account totaling minimum thirty (30) Euros, such royalties will be forfeited by the Content Provider. Upon termination of this Content Provider Agreement, Animated Lines may delete or otherwise remove the Content Provider’s “User Account” and Content.
Representations and warranties by the Content Provider.
The Content Provider represents and warrants that:
The Content Provider has the full right, power and authority to enter into this Content Provider Agreement and to completely undertake all of the Content Provider’s obligations hereunder;
there are no legal or contractual restrictions binding the Content Provider from fully entering into this Content Provider Agreement;
in the event of the Content mainly representing or depicting individually identifiable people or persons, the Content Provider has obtained and secured the required model and/or property releases from all required parties that will permit the uses of the Content in question as outlined in this Content Provider Agreement and the License Agreement, and The Content Provider agrees to provide such releases upon request from Animated Lines. Copies of model and property releases may be retrieved from the support web pages at the Web Site, if the Content Provider does not already have proper forms to secure the relevant releases;
the Content submitted by the Content Provider and all parts thereof constitute the Content Provider’s original creation and expressions, or the Content Provider is its sole copyright holder and exclusive owner, or the Content Provider has retrieved all rights necessary to submit the Content as described in this Content Provider Agreement;
no Content submitted by the Content Provider is in conflict or violation with the rights offered through the License Agreement;
the Content does not violate any rights of privacy, trademark, copyright or any rights owned or represented by any third party, nor violate or present the violation of any law, nor is either obscene or defamatory;
The Content Provider agrees to follow the Content Provider Guidelines, upload procedures and provide the required information related to the Content in question at any time required to make it available to the Licensees or other Users;
Limitation of warranties, liability and disclaimer.
Animated Lines does not warrant that the Animated Lines Service will meet the Content Provider’s specific requirements, that the Animated Lines Service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Animated Lines Service will be accurate or reliable, that the quality of any Content, Animated Lines Service, information, or other material purchased or obtained by the Content Provider through the Animated Lines Service will meet the Content Provider’s expectations, and that any errors will be corrected.
THE ANIMATED LINES SERVICES AND OTHER SERVICES OFFERED BY ANIMATED LINES OR THROUGH THE WEB SITE ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, LIKE, BUT NOT LIMITED TO THE REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR SUITABILITY FOR A SPECIFIC PURPOSE. ALSO, THE CONTENT IS PROVIDED “AS IS” WITHOUT ANY CONDITION, WARRANTY OR REPRESENTATION OF ANY KIND. FURTHERMORE, ANIMATED LINES AND ITS LICENSORS DO NOT WARRANT THE USE OF NAMES, PEOPLE, LOGOS, TRADEMARKS, PATENTED DESIGNS OR COPYRIGHTS OR OTHER FORMS OF INTELLECTUAL PROPERTY ON OR IN ANY CONTENT DISPLAYED ON THE WEB SITE OR THROUGH THE ANIMATED LINES SERVICE. FUTHERMORE, ANIMATED LINES DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT THAT APPEARS ON THE WEB SITE WILL ACTUALLY BE AVAILABLE FOR PURCHASES OR THAT IT WILL BE FREE OF DEFECTS OR VIRUSES. ANIMATED LINES DOES NOT WARRANT OR MAKE REPRESENTATIONS AS TO THE VALIDITY OR LEGALITY OF ANY RELEASE OR INFORMATION THEREOF ASSOCIATED WITH ANY CONTENT DISTRIBUTED THROUGH THE SERVICE. IF THE CONTENT PROVIDER IS IN DOUBT, SEEK OUT COMPETENT COUNSELING FOR THE INDIVIDUAL CASE IN QUESTION. THE CONTENT PROVIDER RELEASES ANIMATED LINES FROM ANY CLAIM(S) THE CONTENT PROVIDER MIGHT HAVE STEMMING FROM ANIMATED LINES TO REFRAIN FROM OR TAKE ACTION AGAINST ANY THIRD PARTY WHO IS ALLEGED BY THE CONTENT PROVIDER TO HAVE INFRINGED ON THE CONTENT PROVIDER‘S RIGHTS. THE CONTENT PROVIDER SHALL INDEMNIFY ANIMATED LINES, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSEES, ITS LICENSORS AND ITS USERS AGAINST ANY LOSSES, EXPENSES, COSTS OR DAMAGES INCURRED BY ANY OR ALL OF THEM AS A RESULT OF THE CONTENT PROVIDER‘S BREACH OF THE TERMS OF THIS CONTENT PROVIDER AGREEMENT. THE FAILURE OF ANIMATED LINES TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE CONTENT PROVIDER AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IN NO EVENT SHALL ANIMATED LINES OR ANY OF ITS PARTNERS, SHAREHOLDERS, EMPLOYEES, DIRECTORS OR AGENTS BE LIABLE FOR ANY KIND OF INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION OR SUIT ARISING UNDER OR OUT OF THIS CONTENT PROVIDER AGREEMENT. The CONTENT PROVIDER EXPRESSLY UNDERSTANDS AND AGREES THAT ANIMATED LINES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ANIMATED LINES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT AND SERVICES RESULTING FROM ANY CONTENT, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ANIMATED LINES SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE CONTENT PROVIDER’S TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ANIMATED LINES SERVICE, OR ANY OTHER MATTER RELATING TO THE ANIMATED LINES SERVICE. IN ANY EVENT, ANIMATED LINES’ MAXIMUM TOTAL AGGREGATE LIABILITY TO THE CONTENT PROVIDER OR ANY OTHER PARTY CLAIMING THROUGH THE CONTENT PROVIDER, ARISING IN CONNECTION WITH USING THE ANIMATED LINES SERVICES OR SUBSEQUENT CONTENT FROM ANIMATED LINES SERVICES, SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED BY ANIMATED LINES FOR THE CONTENT PROVIDER‘S OFFERING THROUGH THE ANIMATED LINES SERVICE OF THE CONTENT IN QUESTION.FURTHERMORE, THE CONTENT PROVIDER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS AS SET OUT IN THIS CONTENT PROVIDER AGREEMENT, AND THAT THIS CONTENT PROVIDER AGREEMENT CONSTITUTES THE CONTRACTUAL AND LEGALLY BINDING AGREEMENT FOR THE SUBMISSION OF CONTENT TO BE OFFERED THROUGH THE ANIMATED LINES SERVICE.
Dispute resolution. This Content Provider Agreement and all submitted Content received by Animated Lines shall be governed by and construed in accordance with German law. The Content Provider acknowledges that Munich in Germany shall be the exclusive venue for any legal actions or proceedings arising as a result of this Content Provider Agreement.
Filed Under: Legal Tags: Content Provider agreement
2012 Animated Lines Support