By reading and agreeing to the following terms, I, as a Vendor / Content creator on SpicyGaming.net, understand and agree to the following:
SERVICE AGREEMENT
- Subject of the Agreement
- With this Agreement, the parties agree that the Service Provider will provide the Vendor / Content Creator an online marketplace – platform (primarily at www.spicygaming.net, and other) for the publishment, marketing and distribution of the Vendor / Content Creator’s products (games, videos, written word, blogs, vlogs, podcasts, voice files, digital art, and other) in consideration for the fee, as determined in this Agreement. The Content Creator explicitly confirms that it is aware of the extent of the services being provided by the Service Provider and of its Terms & Conditions, which are all made available at www.spicygaming.net and are considered to be an integral part of the contract.
- At specific request the Service Provider will also provide additional services, such as production, direction, financing, programming, marketing, writing, reporting, etc.
- The caretakers and responsible persons for this Agreement shall be: Mr. Jure Simikič, email: [email protected]
- Prices and payment methods
- The Vendor / Content Creator sets the prices for its products at its own discretion. The Service Provider shall be entitled to a share of up to twenty-five percent (25%) of the revenue the Vendor / Content Creator receives from each sale, donation or other transaction, excluding the sales, donations and other transactions for which the Vendor / Content Creator or the Service Provider provide a refund. The revenue share details for each, sale, donation and other transactions are accessible on the content creator’s dashboard. The Vendor / Content Creator may configure transactions to provide for a portion of revenue to be directed towards a selected charity. After deducting the applicable Revenue Share, payment provider fees, and relevant taxes, VAT, duties, charges, or levies, the Service Provider will remit the proceeds to the Vendor / Content Creator. The payment shall be made in 15 days after the funds have been received to the Payment Processor, claimed by the Vendor / Content Creator and for which the Vendor / content creator has issued an invoice. The invoiced amount issued by Vendor / the Content Creator must correspond precisely to the withdraw amount. The Service Provider may withhold any taxes, duties, charges or levies on payments as may be required by applicable law, rule or regulation, and submit such withheld taxes, duties, charges or levies to the appropriate tax authority. Accrued revenue from transactions initiated over twelve (12) months ago that has not been claimed for withdrawal shall be subject to a monthly maintenance fee of ten percent (10%) of the original revenue earned per purchase older than twelve (12) months until the balance reaches zero or the Content Creator initiates a withdrawal for the remainder of the balance.
- The fees for other services of the Service Provider, such as production, direction, financing, programming, marketing, writing, etc., shall be agreed upon separately.
- Parties’ commitments
- The parties shall respond to every other party’s call, email or notification in the following deadlines: in 24 hours return a missed call or answer an email marked “High importance”, in 72 hours answer received emails.The Vendor / Content Creator undertakes to act and co-create a safe and excellent environment to all stake-holders and users of the Platform (other publishers, Service Provider, end users, and others). The Content Creator is therefore prohibited to act maliciously or negligently as determined in the Business Terms & Conditions of the Service Provider. In all cases of violations by Vendor / Content Creator the Service Provider or other parties may be entitled to damages.By posting its products the Vendor / Content Creator affirms that it has the right to upload and sell its content and agrees to promotion of the products. The Content Creator is solely responsible for the uploaded content and its own business decisions.The Vendor / Content Creator undertakes to cooperate and remove any technical issues related to its products.
- The Vendor / Content Creator is not allowed to assign this Agreement and any rights and licenses granted hereunder, but the Service Provider can assign this Agreement and any rights and licenses granted hereunder without restriction.
- Intellectual Property Rights
- The Vendor / Content Creator retains all ownership rights to the submitted content. By submitting its products, the Vendor / Content Creator hereby grants the Service Provider a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service of marketing, including without limitation for promoting, redistributing in any and all media formats. Any other use of licence (other than for marketing) by the Service Provider is excluded. If the content is removed from the Platform, the license shall terminate within a commercially reasonable time after the removal. By submitting its products, the Vendor / Content Creator hereby grants the End Users a non-exclusive, perpetual license to access the content and to use, display and perform such content as permitted through the functionality of the Products. Users shall retain a license to this content even after the content is removed from the Service.
- If by performing additional services (any created project, report, code, display or other copyright work) the Service Provider creates any kind of IP rights, these are not transferred to the Content Creator unless such a transfer is specifically agreed upon.
- Personal Data Protection, Business Secret Protection
- The parties undertake to use personal data in accordance with the applicable laws and regulations. Personal data shall not be used for any other purpose other than that which is defined in this Agreement. Upon termination of this Agreement or in case of disagreements between the parties, the parties shall immediately hand back any personal data to their rightful owners and destroy all copies of data or submit them to state authorities (to the court or any other authority) who are in charge of detection and prosecution of criminal offences.
- For all information and documents which are revealed between the parties as confidential the parties agree they will keep them as confidential and are not allowed to submit them to third persons without prior consent of the other party.
- Duration and Validity, Termination
- This Agreement is concluded for indefinite period. Each party may terminate this Agreement by giving 15 days’ written notice, which shall be sent to the other party’s postal or e-mail address, as stipulated in this Agreement. The termination must be sent with registered post or via e-mail with requesting and receiving confirmation of “Delivery Receipt”. If this confirmation via e-mail is not acquired, the termination needs to be sent by ordinary post. The parties may also terminate this Agreement by mutual Agreement.The Service Provider may unilaterally terminate this Agreement without notice period:if the Vendor / Content Creator does not perform and/or provide services for at least 7 consecutive days and/or remove technical issues or start removing the technical issues within the next 7 days after the Service Provider’s reminder,if the Vendor / Content Creator violates the rules on business confidentiality or other provision of this Agreement or the Terms & Conditions of the Service Provider.
- Upon termination of this Agreement the Vendor / Content Creator shall request the removal of content and final payment of outstanding transaction balances, whereas the Service Provider will comply within a commercially reasonable time. The Service Provider may retain a percentage of the outstanding transaction balance at Service Provider’s sole discretion in case of refunds, fees, or other payment issues.
- Final Provisions
- Should any dispute arise about the enforcement or termination of the present Agreement, the parties will try to resolve it amicably. Otherwise, each party may bring a dispute only before a court of competent jurisdiction in Ljubljana, Slovenia, taking into account the Slovenian law (exclusive jurisdiction)