Shenzhen Zongweilifang Technology Co., Ltd.(“Anycubic”) encourages you to share your content with us. Please read carefully the terms and conditions that follow. The Anycubic Print Awards Program Agreement (the “Agreement”) is a binding agreement between you (“You”) and Shenzhen Zongweilifang Technology Co., Ltd.
BY CLICKING THE "AGREE" BUTTON AND UPLOADING YOUR CONTENT, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE (ATTAIND THE AGE OF 18) TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT UPLOAD YOUR CONTENT TO ANYCUBIC.
You represent and warrant that you own or have the right to license to Anycubic pursuant to the terms herein all the contents with Anycubic’s products and accessories, including but not limited to any rights to the model/3D model contained therein, and the public performance rights for contents and submitted by You to Anycubic through any delivery means prescribed by Anycubic (together, the “Contents”).
Anycubic agrees to obtain and You hereby grant Anycubic a license to exhibit, display, reproduce or distribute the Contents for any and all purposes (commercial purposes included herein), Anycubic shall be entitled to use the Contents in marketing, promoting and advertising of the Anycubic brand, products and services, testing of Anycubic’s technologies, monetization of content through advertising, subscription, licensing and other means. Such a license further includes, among other things, the right for Anycubic to incorporate the Contents in video or audio visual content, text, graphics, artwork, photographs, templates, and other content or materials created by or on behalf of Anycubic or its licensees (the “Anycubic Network”) to create what is referred to herein as the “Anycubic Network Materials.”
This Agreement also governs Anycubic’s use of the name, nickname, likeness, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of You or any third parties (“Appearances”) as included in the Contents. You represent and warrant that You have obtained the appropriate licenses, permissions, and/or releases from all people that recognizably appear in the Contents, including the real names, nicknames, likenesses, voices, live or recorded performances, autographs, photographs and biographical information of such third-party individuals, and the owner of any music, images, video, audio, photos, text, or other material embedded within the contents. If your Contents contain photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that You have written permission from the minor’s parent or guardian to provide the photo, digital, or video image for commercial use.
In the event of any inconsistency or conflict between the terms and conditions of this agreement, the terms and conditions of this agreement shall prevail.
Now, therefore, for good and valuable considerations, the sufficiency of which is acknowledged, the parties agree as follows:
PRINTING DEVICE. Please make sure the Contents are totally or partly printed by Anycubic products.
LICENSE GRANT. Please make sure the Contents do not infringe any third party’s intellectual property right worldwide particularly the copyright or violate any applicable laws or regulations.
We respect your ownership of copyright in your Contents. However, by submitting Contents you hereby and being selected by Anycubic are deemed that you have the right and have agreed to authorize Anycubic:
1) The right to store, use, release, copy, modify, adapt, publish, translate, spread, perform, display the content and create derivative according to the content around the world permanently, irrevocably and freely in whatever place the Anycubic intends, including but not limited to any social networks and commercial printed materials;
2) The right to incorporate part or all of the Content into works, media, technologies in any form;
3) The right to exploit the updated and published Content for the business or non-business purposes.
4) The right to provide information download, on-demand unicast, data transmission, mobile video business (including but not limited to wireless services of SMS, MMS, WAP, IVR, Streaming, 3G, 4G, 5G, Mobile video) and related propaganda and promotion services for the computer terminal, the mobile communication terminal (including but not limited to the portable communication equipment, such as cellphones and smart tablet PCs), the handheld digital audio and video equipment, television reception (analog signal receiving equipment, digital signal receiving equipment, digital TV, IPTV, broadcasting equipment with Internet access function, etc.)
5) The right to authorize the third party to use the Content in the manners described above.
6) Any other exhibition, display, performance, communication to the public, distribution, exploitation or other use of the Content and/or Appearances not set forth above.
To the extent that You or any third party recognizably appear in the Content, to use the Appearances, in or in connection with the Content or the Anycubic Network Materials, in any and all media now known or hereafter created, including, but not limited, for the Licensed Uses for any purpose and as necessary to exercise the rights granted in these Terms. Subject to applicable laws, You waive any moral and privacy rights that You or Your licensors may have in any Contents.
USE OF YOUR CONTENTS. Submission of Contents to Anycubic is not a guarantee that Anycubic will publish or otherwise use the Contents. For clarity, as part of the licensed uses, Anycubic may use your content, in whole or in part or as part of the Anycubic Materials without any further approval by you.
OWNERSHIP. Anycubic acknowledges and agrees that You retain all right, title and interest in and to the Contents and Appearances, including all intellectual property rights, rights of publicity or privacy and moral rights therein, other than those rights granted herein. You acknowledge and agree that Anycubic shall acquire all right, title and interest in the derivative works of the Contents that are contained as part of the Anycubic Network Materials.
PAYMENT TERMS. Payments made to You under this Agreement (if any) will be payable within ninety (90) days of Anycubic’s receipt of your details to send your payment for the Content as requested by Anycubic or Anycubic’s third party vendor. Payments may be subject to withholding taxes and transfer fees, which will be deducted from Your payment. Any payments will be made payable to you in U.S. dollars and sent via wire transfer using the account information provided by you, or as otherwise agreed by the parties. All payments due under this agreement are exclusive of taxes, duties, levies, tariffs and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). You will be responsible for payment of all taxes, transfer fees and any related interest and penalties resulting from any payments made hereunder.
WARRANTIES. You represent and warrant that: (i) You have all rights and licenses necessary to grant to Anycubic the rights granted in the Contents and Appearances, including but not limited to synchronize any master recording and or composition used to video, images, audio, photos, text, or other material embedded within the Contents, and you will pay any and all third parties who may be entitled to a royalty or fee (including public performance organizations) arising from the licensed use of any composition or master recording embedded within the Contents; (ii) To the extent any third-party is visible in the Contents, you have obtained express consent from the third-parties to submit their likeness; (iii) Anycubic’s use or sublicense of the Contents, Appearances, or third-parties’ materials contemplated by this agreement will not infringe, misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, moral rights or any applicable law or regulation; (iv) Your agreement to the terms and conditions of this agreement will not violate or conflict with any obligations owed by you to a third party; and (v) You will comply with all laws, rules and regulations applicable to this agreement.
INDEMNITY. You will indemnify, defend and hold Anycubic harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising from or related to:
(a) breach of any of Your representations and warranties in this agreement; (b) any third party claim that the Contents or Appearances, or Anycubic’s use thereof, infringe, misappropriate or violate such third party’s intellectual property or other third party rights, (c) any third party claim that is based on any act or omission of You that results in personal injury, death, property damage or the violation of any law, ordinance or regulation; (d)any fraudulent, false, misleading or deceptive of the Contents;(e) any defamatory, obscene, pornographic, vulgar or offensive of the Contents; (f) promoting discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;(g) any violent or threatening or promotes violence or actions that are threatening to any person; and (h) promoting illegal or harmful activities or substances.LIMITATION OF LIABILITY. IN NO EVENT WILL Anycubic BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE THEORY OF LIABILITY, ARISING FROM OR RELATED TO THIS AGREEMENT OR Anycubic'S USE OF THE CONTENT AND APPEARANCES, EVEN IF Anycubic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Anycubic’S TOTAL, CUMULATIVE LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID BY Anycubic TO YOU PURSUANT TO THIS AGREEMENT. Notwithstanding the provisions of this Section, nothing in this agreement excludes or limits or purports to exclude or limit the liability of either party for: (a) death or personal injury resulting from negligence; (b) any damage or liability incurred by a party as a result of fraud or fraudulent misrepresentation by the other party; or (c) for any liability which cannot be excluded or limited by applicable law.
GENERAL. This Agreement will be governed by and construed in accordance with the laws of PRC. Any legal action or proceeding arising under this Agreement will be brought exclusively in the courts located in the Longgang District of Shenzhen. You may not assign or transfer this agreement without Anycubic’s prior written consent, and any attempt to do so will be void. Anycubic may freely assign this agreement. The failure by either party to enforce any provision of this agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of this Agreement will be effective only if in writing and signed by both parties. If any provision of this agreement is held to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement of the parties regarding its subject matter, and supersedes all prior understandings and agreements between the parties regarding its subject matter. The parties to this agreement are independent contractors and this agreement will not establish any relationship of partnership, joint venture, employment, or agency between the parties.