IMPORTANT! READ THIS CONSENSUS BEFORE PROCEEDING.
When you agree you are aware of the fact that you are submitting ideas, designs, artwork, sound recordings, literary and/or audiovisual works, copy, graphics, computer programs or other software (the "Production") to Youda Games, further:
YOU FULLY AGREE UPON THE FOLLOWING PRODUCTION UPLOAD CONSENSUS
By sending us your production, you give Youda Games and its successors ("I SIOUX BV") a non-exclusive right and license to the following:
- encode, digitise and archive the Production;
- execute, show, duplicate, send out, and transmit the Production;
- expose, publicize, advertise with and promote the Production;
- place advertisements of third parties before, during and after the display of the Production;
- use the name, resemblance, voice and biography of you and/or others that took part in this Production, in relationship with the in point 4 mentioned means of exploitation and its related rights;
- we have the first right to exploit the Production, with the approval of the author, in all media, now known or hereafter devised, including but not restricted to the internet and the web site with the URL: www.youdagames.com or other such web sites as Youda Games that participate in the "Youda Games Network", using any and all resources, methods or processes, whether now known or hereafter devised, to expose, publicize or market on any Youda Games entity or Network Partner Site, to eternity throughout the world. However, you understand and agree that Youda Games doesn`'t have to display, reproduce, or distribute the Production and may remove the Production from the Youda Games Network at anytime without notice. A Network Partner Site shall be defined as any website that is included in the Youda Games Network, and has entered into an consensus with Youda Games for the purpose of exposing content on the world wide web.
Youda Games has the right to periodically adjust the conditions of this Consensus by updating this page. But Youda Games will not essentially modify the scope of the rights granted to it without your permission. You agree to be bound by following revisions to this Consensus thirty (30) days after the posting of the revisions to this page. For the latest status of this consensus, you should periodically visit this page.
You understand and accept that Youda Games regularly creates and/or receives autonomous productions of material that may be comparable to or equal to the Production in theme, thought, characters, titles, dialogue, plot, slogans, scripts, plans, or other ingredients of a production. You agree that you will not be entitled to any rights in, or compensation in relationship with, any such similar or identical material and/or ideas, and that our acceptance of your Production shall not limit any rights Youda Games may have as a member of the general public over this Production, public domain material or otherwise. You have UPLOADED the Production of your own free will.
YOU ADMIT THAT NO CONFIDENTIAL, ORGANIZATION OR OTHER ASSOCIATION OR ANY OTHER CONTRACT CURRENTLY EXISTS BETWEEN YOU AND Youda Games AND THAT NO SUCH RELATIONSHIP IS ESTABLISHED BY YOUR UPLOAD OF YOUR PRODUCTION TO Youda Games.
Youda Games, its subsidiaries and affiliates, managers, employees, agents, shareholders and partners can't in no way be held responsible from any and all claims, actions, demands, judgements, settlements, liability, loss, damages, including reasonable legal fees and expenses suffered or incurred by Youda Games as a result of a third party claim to rights in the Production and any liability based upon the Production at all.
You stand for and permit to Youda Games that:
- you have the legal right to agree on this Consensus and to give Youda Games the mentioned permissions and the Production is free and clear of all liens, claims and encumbrances;
- Youda Games exploitation of the rights approved to it herein shall not violate any right of any third party;
- Youda Games shall not be required to obtain any consents from any third party nor to pay any sums to any third party as a result of Youda Games exploiting any of the rights granted to Youda Games herein;
- there is no claim, action, suit or something else taking place relating to the Production or material used in the production pending or threatened before any court, administrative or governmental body;
- you have acquired, and hereby grant to Youda Games, all rights in and to any and all material used in the Production necessary to effectuate the purposes of this Consensus;
- you have acquired all music rights and music clearances which are required with respect to the music contained in the Production and that no supplemental or additional use payments shall be required with respect to the exploitation of the Work and/or any advertising or promotion thereof which contains the music as embodied in the Production;
- the content of the Production is not obscene, or pornographic, it does not invade privacy rights, exploit the images of individuals under the age of eighteen (18), or in any other way violate applicable laws and regulations.
This Consensus embodies the entire consensus between the parties; there have been and are no consensus, representations, or warranties between the parties other than those provided particularly herein. This Consensus shall not be changed or modified in whole or in part, except by a written consensus signed by the parties hereto.
You further agree that the terms of this Consensus shall be governed and construed under the laws of the Netherlands, and agree to submit to the exclusive jurisdiction of the courts in Hilversum in the event a dispute should arise regarding any breach of representations and warrantees or any of the terms contained herein. In the event any portion of this Consensus is unenforceable or latative of any statute, law or regulation, that portion shall be sever able and the balance of the Consensus vio shall remain valid and of full force and effect. This Consensus may not be altered, modified, changed, rescinded or terminated in any way except by an instrument in writing signed by the parties involved. In the event of a breach of this Consensus by Youda Games your sole remedy is termination of the Consensus. You waive any and all rights that you may have under any laws or statutes, worldwide, that concern moral rights in connection with your Production. You understand that the Production described herein may be used in a manner that contains adult themes, nudity and/or violence, and you have no objection to same use.
You are aware of the fact that the production may be made available for download on the Internet for a fee or otherwise, and hereby approve to such. You further understand that due to the nature of the Internet medium, the Production may be downloaded and reproduced by Internet users and agree and confirm that the Youda Games shall have no responsibility whatsoever for an violation of my rights by an Internet user who downloads and/or uses the Production in an not permitted manner.
You understand that by uploading content you represent and warrant to Youda Games that you are of the age of eighteen (18) years or older on and that all of the biographical information relating to your name, address, telephone number and date of birth is truthful.
