Castlly Creator Program Agreement

Castlly Creator Program Agreement

This Creator’s Terms Agreement (“Agreement”) sets forth the terms and conditions by which “Creator” is willing to grant Castlly Inc. (“Castlly”) a limited license to publish and distribute the Creator’s work (hereinafter called the “Content” or “Work”).

PLEASE READ THIS AGREEMENT CAREFULLY. BY SIGN UP WITH CASTLLY.COM AS CREATOR, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN CASE YOU DO NOT ACCEPT THE TERMS, THEN PLEASE DO NOT USE OUR WEBSITE AND MOBILE APPLICATION.

  1. GRANT OF RIGHTS:

    Creator retain its rights to any Work submitted by Creator. By submitting, Work, Creator grant Castlly a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Work in any and all media or distribution methods (now known or later developed).

  2. RIGHT OF SHARING:

    This license is Creator authorizing Castlly to make Creator’s Work available to the rest of the world and to let others do the same. But what's Creator’s is its own - Creator own its Work. Creator agree that this license includes the right for Castlly to make such Work available to other companies, organizations or individuals who partner with Castlly for the syndication, broadcast, distribution or publication of such Work on other media and services, subject to our terms and conditions for such Content use.

  3. DISTRIBUTIONS:

    Castlly may modify or adapt Creator’s Work in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Creator’s Work as are necessary to conform and adapt that Work to any requirements or limitations of any networks, devices, services or media.

  4. RESPONSIBILITY:

    Creator are responsible for any Work Creator provide, and for any consequences thereof, including the use of Creator’s Work by other users and our third party partners. Creator understand that Creator’s Work may be rebroadcasted by our partners and if Creator do not have the right to submit Work for such use, it may subject Creator to liability. Castlly will not be responsible or liable for any use of Creator’s Work by Castlly in accordance with these Terms.

  5. REPRESENTATION AND WARRANTY:

    Creator represent and warrant that Creator have all the rights, power and authority necessary to grant the rights granted herein to any Work that Creator submit. Castlly gives Creator a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to Creator by Castlly as part of the Services. This license is for the sole purpose of enabling Creator to use and enjoy the benefit of the Services as provided by Castlly, in the manner permitted by these Terms.

  6. COPYRIGHT AND TRADEMARKS AND CASTLLY RIGHTS:

    Castlly's Rights, title, and interest in and to the Services (excluding Work provided by users) are and will remain the exclusive property of Castlly and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives Creator a right to use the Castlly name or any of the Castlly trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions Creator may provide regarding Castlly, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to Creator.

  7. RESTRICTIONS ON WORK AND USE OF THE SERVICES

    Castlly reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Work on the Services and to terminate users or reclaim usernames.
    Castlly also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Castlly, its users and the public.
    Castlly does not disclose personally identifying information to third parties except in accordance with its Privacy Policy.

  8. INDEMNIFY AND LIABILITY:

    Creator shall be liable to indemnify and hold harmless Castlly, its directors, employees and stockholders against any and all damage, loss, expense and costs directly or indirectly incurred by Castlly in connection with any claims of any kind arising from the breach of any terms, representations and/or warranties made by Creator in this Agreement.

  9. INDEPENDENT CONTRACTOR:

    Throughout the term of this Agreement the Creator is an independent contractor and not an employee of the Castlly. The Creator is responsible for reporting all income and understands that taxes and social security will not be deducted from any payments due hereunder.

  10. AMENDMENT:

    No amendment or waiver of any provision of this agreement, nor consent to any departure by any of the Parties there from, shall in any event be effective unless the same shall be in writing and signed by the Parties hereto and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which it is given.

  11. SEVERABILITY:

    The provisions of this Agreement shall be deemed severable, and if any portion shall be held invalid, illegal or unenforceable for any reason, the remainder of this Agreement shall be effective and binding upon the parties, unless to do so would clearly violate the present legal and valid intention of the parties hereto.

  12. WRITTEN AGREEMENT CONSTITUES ENTIRERELATIONSHIP:

    This Agreement, along with any specified addendum, is a complete Agreement. Any representation, promise, condition, inducement or warranty, express or implied, verbal or written, unless contained in writing in this Agreement shall not bind either party. A judicial determination nullifying any clause or condition herein shall not be deemed to nullify the balance of this Agreement, which shall remain in full force and effect.

  13. BINDING EFFECT AND GOVERNINGLAW:

    This Agreement shall be governed by and construed in accordance with the laws of the United States of America without regard to its conflicts of law provisions. The parties agree that any disputes between them may be heard only in the courts of the United States of America, and the parties hereby consent to venue and jurisdiction in those courts.