This Inked Gaming License Agreement (“Agreement”) grants Inked Gaming, LLC (“Inked Gaming”, “we”, or “us”) certain rights in the designs and artwork you submit to us for consideration (“Designs”) for the Inked Gaming website (“site”) as a designer.
We do not claim ownership rights in your Designs. The following terms and conditions describe the rights you give to Inked Gaming by submitting a Design to us and the additional rights that we have if we select your Design. We urge you to carefully read the terms and conditions of this Agreement.
You understand that by signing this document or by submitting a design to Inked Gaming, you are agreeing to be bound by this agreement. If you do not accept this agreement in its entirety, you may not submit a design to us. If you agree to this Agreement on behalf of a business, you represent and warrant that you have the authority to bind that business to this agreement and your agreement to these terms will be treated as the Agreement of the business. In that event, “you” and “your” refer herein to that business.
Submission and Selection of Design
You may submit a design to us if you desire to have it listed and sold on our site. If we like your Design, Inked Gaming may select your Design to be used to create an Inked Gaming Product. All Design selection is at Inked Gaming’s sole discretion. Once your Design is selected, Inked Gaming may contact you if we need your help in getting the Design ready to be turned into an Inked Gaming Product.
If Inked Gaming decides not to select your Design, it will be kept under consideration for future use even though it will not be used at that time. If we ever decide to use your Design we will contact you.
If Inked Gaming decides to use your Design and is able to create an Inked Gaming Product to be offered for sale on the Site, you will eligible for a royalty, described below.
Any Design made into an Inked Gaming Product will earn a royalty of 15% of Net Revenue for every sale. This will be paid each calendar quarter by the 10th of the month following that quarter. Along with the payment you will receive a report showing the Net Revenue accrued with royalty calculations. If the payment is going to be less than twenty dollars ($20) then we will hold the funds until a payment period when the total is $20 or more. All amounts paid under this Agreement will be in U.S. dollars. You are solely responsible for determining, reporting and paying all applicable state and federal taxes.
“Net Revenue” means all revenue actually received less any discounts, refunds, and any charge backs, bad debt, commissions, taxes and duties.
By uploading, submitting, or otherwise transmitting any Design to Inked Gaming, you hereby grant to InkedGaming a worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license: (i) to use, reproduce, perform, prepare, offer for sale, sell and otherwise distribute derivative works from such Designs (“Inked Gaming Products”) and display such Designs on the Site and in promotional materials, and to provide Services; and (ii) if your Design is selected by Inked Gaming (at any time) and so long as Inked Gaming provides notice to you of such selection, to reproduce, distribute, perform, prepare derivative works from, display and print your Design onto Inked Gaming Products.
Ownership: The Designs, and all intellectual property and proprietary rights therein, are and will remain your sole and exclusive property, subject only to the express license rights granted to Inked Gaming and as otherwise specified herein. All Inked Gaming Products are owned by Inked Gaming, including all intellectual property and proprietary rights therein, subject to your underlying rights in the Design.
We don’t own your design. We only license your Design for making Inked Gaming Products. We pay royalties on all Inked Gaming Products that we sell that use your design.
You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Inked Gaming. Inked Gaming will own all right, title and interest in and to all derivative works and compilations of Designs that are created by Inked Gaming, including all worldwide intellectual property rights therein, subject to your ownership of the underlying intellectual property rights in your Design. You also agree not to assert against Inked Gaming or any of Inked Gaming partners, affiliates, or customers, any moral rights you may have in and to your design.
Inked Gaming is not obligated to select a Design. You acknowledge and agree that Inked Gaming has no obligation or responsibility to you or liability whatsoever with regard to your Design including but not limited to creating back-ups or archival copies of your Designs.
You acknowledge and agree you will not upload, post, submit or otherwise transmit to Inked Gaming any Designs that are unlawful, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitute hate speech or are otherwise objectionable in the opinion of Inked Gaming.