Polymock Contributor License Agreement
This Licensing Agreement (the “Agreement”) is entered between Polymock (the “Service”), and the individual or entity (the “Contributor”) that is submitting or selling Items (3D models, images and other files) to the Service. The Service and Contributor agree as follows. By uploading assets to Polymock, you agree to be bound by the terms & conditions set in this Licensing Agreement, in addition to the terms of the Polymock Terms of Service.
- Contributor: A physical person or another entity uploading Items to Polymock
- Service: Polymock application/service that is used to render Items
- Item: Source 3D assets i.e. 3D models & scene compositions provided by the Contributor
- Render: Materialized render i.e. generated image or video from the Item instance
- End product: a web page, print object or any digital and physical medium that displays the Render
- End user: owner enitity of the end product
- View: a view of a Render. For example, a web page load, or ad/tweet impression containing a Render counts as a view
Contributor hereby grants to the Service a non-exclusive, worldwide, lifetime, royalty-free license to use, reproduce, modify, distribute, publicly display and otherwise use the Items that Contributor submits to the Service.
Service will make a reasonable effort to prevent the Items from leaking into the public domain directly through its platform(s).
Contributor grants the Service the right to sub-license the Items and any derivative work under the same or more restrictive terms as the original (parent) license grant.
Sub-licensees are not authorized to further sublicense the Items, unless the sub-licensee is our partner (Service is a shareholder or has an executive role e.g. a sister Service), in which case the parent license is inherited.
Contributor authorizes the Service to sublicense the Items and any derivative work resulting from the Items to third parties, provided that such sublicenses are subject to the same (or more restrictive) terms and conditions as in the original (parent) license grant.
Contributors give the Service the right to grant all Licenses described in the Polymock Client Licensing Agreement to its' clients.
Representations and Warranties.
Contributors represent and warrant that (a) they have the right to grant the license set forth in this Agreement, (b) the Items do not infringe any third-party intellectual property rights, and (c) the Items do not contain harmful content. The Service represents and warrants that it will use reasonable efforts to ensure that the Items are distributed and sublicensed in accordance with the terms of this Agreement.
Contributors shall indemnify, defend, and hold harmless the Service and its affiliates, directors, officers, employees, agents, and sublicensees from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) any breach of Contributor’s representations and warranties under this Agreement, (b) any infringement or alleged infringement of any third-party intellectual property rights by the Items, and (c) any claim that the Items contain any malicious code or other harmful content.
This Agreement shall remain in effect until terminated by either party by destroying all copies of Items on the Service under the Contributor's name. Termination of the license stops any future sublicense grants. All granted (children) sub-licenses granted to end users prior to the termination will continue to operate, until the sublicensees revoke their own licenses by destroying the copies of the product.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the English court. You must make a reasonable attempt to resolve any dispute directly with the Service. Any dispute arising out of or related to this Agreement shall be resolved through the courts of England.
Limitation of Liability
The Service shall not be liable for any damages, whether direct, indirect, incidental, special, or consequential, arising out of or related to the distribution or sublicensing of the Items by any third-party or platform.
Contributors acknowledge that the Service cannot control the actions of third parties and shall not be responsible for any unauthorized use, reproduction, distribution, or other exploitation of the Items by such third parties.
This limitation of liability shall survive any termination or expiration of this Agreement.