Buyer and Seller Terms, Copyright Ownership and License Agreement
By uploading Work or placing Work on CreateBright for sale or free download, Buyer and Seller are agreeing to this Buyer and Seller Terms and License Agreement, hereinafter referred to as "Agreement". A Seller is defined as any natural person who uploads content for display, sale or download purposes and hereinafter collectively known as “Seller”. A Buyer is any person who buys or downloads content from the Seller, regardless of price, hereinafter collectively known as “Buyer”. CreateBright is referred to as "we" or "us" or "Service" or "Website" or the "Company". Buyer and Seller agree that CreateBright is neither a Buyer or Seller and only functions as an disinterested third party.
(A) Seller owns all proprietary rights in and to the copyrightable and/or copyrighted works that he or she chooses to upload and Sell on the Service, incorporated herein by reference, and hereinafter collectively known as the “Work”, and has the exclusive right to license to others the right to produce, copy, make, sublicense or sell the Work. (B) Seller owns all rights in and to the Work and retains all rights to the Work, which are not transferred herein, and retains all common law copyrights and all federal copyrights which have been, or which may be, granted by the Library of Congress. (C) When a Buyer buys or downloads Work, Buyer desires to obtain, and Seller has agreed to grant, a license authorizing the use of the Work by Buyer in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration as set forth herein, Seller and Buyer agree as follows:
1. Grant of License when Work is Sold.
“Sold” is defined as Work purchased for greater than or equal to $0.01.
(A) Seller hereby grants to Buyer, in accordance with the terms and conditions of this Agreement, a non-exclusive, non-transferrable license to use the Work in the course of its business and for its own personal and business purposes, and for no other purpose whatsoever without the express written permission of the Seller. Buyer shall not sell or distribute the Work in any way. Buyer may copy and modify the Work in accordance with the terms of this Agreement, for general advertising materials, television, radio, website, mobile, advertising, and other promotional materials for the Work, and for its own personal and business purposes. Any other use made by Buyer shall only occur upon the receipt of prior written approval from Seller.
(B) Buyer shall not sell, grant sub-licenses or distribute the Work in any way without the prior express written approval of Seller.
(C) Buyer hereby accepts such license and agrees that Buyer shall not use the Work except in accordance with the terms and conditions of this Agreement. Buyer acknowledges and agrees that the license granted herein is non-exclusive and that Seller may license others to use the Work.
2. Grant of License when Work is Listed as Shared or Downloaded for FREE.
“Free” or “Shared Work” is defined as Work purchased or downloaded for $0.00.
Work sold or uploaded for Free is made available under the Creative Commons Sharealike license. Buyers are allowed to edit and redistribute derivative works only under a license identical to the license that governs the original work. Buyers are not permitted to sell Free or Shared Work.
3. Ownership of the Work.
Buyer acknowledges that Seller is the sole and exclusive owner of the Work and of all associated federal intellectual property registrations and pending registrations, as applicable, and Buyer shall do nothing inconsistent with such ownership. Buyer further agrees that it will not claim ownership rights to the Work, or any derivative, compilation, sequel or series, or related Work owned by or used by Seller. Buyer agrees that nothing in this Agreement shall give Buyer any right, title, or interest in the Work other than the right to use the same in accordance with the terms of this Agreement. Buyer agrees not to make similar derivatives of the Work unless the Work was listed as free or shared by the Seller and Buyer acquired the Work as FREE or Shared. Buyer admits the validity of all copyrights for the Work and all associated intellectual property registrations.
CreateBright maintains a zero-tolerance policy when it comes to copyright infringement. If we discover Work that has violated copyright, the infringing Seller will be banned from CreateBright. We will immediately freeze all funds made from infringing sales of Work. In some cases, the injured party will take legal action against infringing Seller.
4. Term and Termination.
(A) Purchase Date is defined as date in which Buyer buys or downloads Work from Seller. Hereforth referred to as “Purchase Date”. This Agreement shall commence as of the Purchase Date and shall continue in full force and effect for a period of one year, and shall automatically renew for additional one-year periods, unless either party provides written notice of non-renewal to the other party, not less than sixtydays prior to the expiration of any one year term.
Buyer agrees to pay Seller a one time royalty at time of purchase of the Work if the Work is Sold. Seller sets the royalty price of all Sold Work. Buyer and Seller agree that CreateBright is neither a Buyer or Seller and only functions as an uninterested third party.
CreateBright will retain 30% of the selling price of each item sold through the Service. The remaining 70% of each of the Seller’s sales will be deposited into the Seller’s CreateBright account.
6. Seller Payments.
CreateBright will transfer Seller’s balance on a regular monthly basis via check or electronic transfer to the Seller’s verified address or bank account only! Seller and Buyer agree that CreateBright will not be held liable for lost or misdirected payments. Seller has the sole responsibility to maintain a verified and valid address, phone number, credit card and email on file with us at all times.
7. Modifications to the Service and Prices
CreateBright reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices and payments of all Services, including but not limited to monthly subscription plan fees to the Service, seller payment schedules, and seller royalty rates, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the CreateBright website or the Service itself.
CreateBright shall not be liable to you or to any third party for any modification, price change, payment schedule change, suspension or discontinuance of the Service.
(A) Buyer shall fully indemnify, defend, and hold harmless Seller from and against any and all claims, losses, damages, expenses, and liability.
(B) Seller has the right, but shall not be obligated, to obtain and maintain federal intellectual property registration of the Work.
9. Right of Use and Removal.
By submitting Work through the Website, Seller hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Work in connection with the Website and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website a non-exclusive, perpetual license to access your User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content once user downloads or purchases your User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership, copyright or license rights in your Work, including the right to grant additional licenses to your Work , unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this agreement), or for no reason at all and (ii) to remove or block any Content from the Website.
This Agreement (including, without limitation, the license granted hereunder) is personal to Buyer and shall not be assigned or transferred by Buyer, including, without limitation, by operation of law, except that, and only with prompt written notice to Seller, the Agreement may be transferred to a purchaser of all or substantially all of the assets of Buyer. Any attempt on the part of Buyer to assign, sub-license, or transfer Buyer’s rights under this Agreement, except as provided herein, shall be invalid and void. Seller shall have the right to assign and/or license its rights and obligations under this Agreement and all its right, title and interest in the Work without the consent of Buyer.
11. All disputes arising from License.
The Seller is responsible for all copyright use or potential copyright violations in his or her Work. CreateBright only functions as a non-interested third party. Both Buyer and Seller indemnify CreateBright from any responsibility by use of the Service.
12. Independent Business Relationship.
Seller, Buyer and CreateBright are independent entities and are not and shall not be construed as joint venturers, partners, employer/employee, or agents of the other, and none shall have the power to bind or obligate the other, except as set forth in this Agreement.
(B) If any provision of this Agreement, or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Agreement, or the application of such provisions to any other persons or circumstances, shall not be affected thereby.
CreateBright does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
Buyer and Seller expressly understand and agree that CreateBright shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, copyright claims, damages for loss of profits, goodwill, use, data or other intangible losses (even if CreateBright has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.