YourVRPorn Studio Agreement
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This is a legal contract between YourVRPorn and will be hereinafter referred to as "STUDIO" throughout this document.
1. RIGHTS GRANTED TO STUDIO BY YVRP
YVRP allows STUDIO to submit videos and other material for sale. By submitting a video or other material to YVRP site(s), STUDIO grants to YVRP the right to store its videos on its servers, to make it publicly available for viewing and sale on YVRP sites, and to create promotional materials and previews featured on YVRP sites.
2. PAYMENT
YVRP customers will purchase videos from STUDIO on YourVRPorn.com. STUDIO will be paid 60% of the price paid by the customer as listed by STUDIO on the video or videos at the time of purchase by the customer. In the case of an affiliate sale, the total price will first be adjusted by the affiliate's share, and STUDIO will be paid 60% of the remainding amount. Once their percentage has been calculated and sent, STUDIO will be responsible for all payment processing fees.
YVRP may at its sole discretion, adjust, deduct or delay any amounts from payment to STUDIO, for any reason, at any time, without prior warning or notification. Reasons may include but are not limited to: fraud, customer refunds and technical errors before, during or after payment processing.
Pay periods are on a monthly basis, beginning on the 1st of the month at 0:00 EST (inclusive), and ending on the last day of the month at 0:00 EST (exclusive). YVRP will every effort to pay STUDIO within 7 days of the pay period ending.
A minimum payout of $100 is required. If the minimum payout of $100 is not met, the amount shall be carried to the next month, and so forth, until the minimum payout of $100 is reached, or a year has elapsed, at which point the payment shall be nullified.
All payments will be made via US dollar cheque. STUDIO is responsible for providing YVRP with all information necessary for STUDIO to receive payment and avoid delays.
To cover the case of customer chargebacks, fraud or technical issues, YVRP may at any time adjust or deduct the amount it deems necessary from payments made to STUDIO.
3. PERFORMERS
STUDIO is responsible for ensuring that all performers present in any video, photographs or material hosted or published to YVRP sites by STUDIO were above the age of 18, or 21 if mandated by the laws in which the material was created, at the time of participation and have given their consent to the production and publishing of the material at the time of participation. STUDIO is also required to possess valid model release forms proving that performers have consented and given the rights necessary for the production and publishing of the video, photographs or other material. STUDIO must also possess valid identification for performers proving that they are above the age of 18, or higher if mandated by local regulations.
STUDIO is required to act as the "Custodian of Records" as defined in 28 CFR Part 75 et seq. and must maintain all records required by 18 U.S.C. § 2257 at their primary address, to be made available upon request.
Should STUDIO be unable to provide the aforementioned documents or if the documents are deemed to be invalid, YVRP reserves the right to delete the videos or material found in violation, or terminate the STUDIO's account and access to YVRP site(s).
4. CONTENT
By entering this agreement, STUDIO warrants that:
4.1 STUDIO owns, and shall continue to own as long as the material is published on YVRP, all required legal rights to the material it publishes on YVRP, that the rights it possesses are sufficient to grant the licensing, rights and obligation required by this agreement to YVRP, and that the uses of the content stipulated in this agreement, as granted to YVRP or STUDIO, do not infrige, violate or misappropriate any individual or entity's rights of any kind, including but not limited to any contract, copyright, trademark, privacy, likeness in voice or persona.
4.2 Any video, photograph, still images or material published by STUDIO on YVPR site(s) comply will all laws or restrictions in the country they were created.
4.3 That video, photographs or material it publishes on YVRP site(s) do not feature any of the following restricted acts, whether real, simulated or hinted in any shape or form: bestiality, necrophilia, torture, incest, physical injury, rape, acts leading to possible trauma, infection or disease, individuals below the age of 18 being present in any way, shape or form in the material and/or engaging in any manner of intimate or sexual conduct, use or display of third-party trademarks in a manner deemed damaging or violating the rights pertaining to it.
5. LIABILITY
All services are provided by YVRP on an "as is" and "as available" basis, without warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose, or warranties or guarantees of profitability, or any other warranties or guarantees of any kind whatsoever, whether expressed or implied. STUDIO hereby agrees to assume sole responsibility for all risks, consequences and damages of any kind resulting from its interaction and association with YVRP site(s) or YVRP; including, but not limited to, risks associated with the publicity of appearing on YVRP site(s), such as the risk of recording, piracy, unauthorized dissemination, or publicity of the any video, photograph, derivated work or material published or uploaded to YVRP and YVRP site(s) by STUDIO. YVRP pledges to do all within its means that is reasonable and lawful to remove such material upon the written request (via info@yourvrporn.com) of YVRP.
STUDIO shall indemnify and hold YVRP harmless from any and all claims, actions, demands, suits, losses, damages and litigation expenses of every kind, including reasonable attorney fees, resulting from STUDIO'S association with YVRP or its websites, or from STUDIO'S breach of any warranties set forth herein.
Neither YVRP, nor any persons or entities associated with YVRP, shall be liable for any direct, indirect, punitive, incidental, special or consequential damages from any claims, demands, or actions arising out of or connected with this Agreement.
STUDIO further agrees that in the event that that the previous paragraph of this agreement is invalidated, YVRP's entire liability for any claim for damages against YVRP arising out of this Agreement, whether grounded in contract or in tort, shall be limited to liquidated damages in the amount of USD$100 (one hundred dollars) and no more.
6. TERMS AND TERMINATION
This agreement is valid for 1 year, and automatically extended on a yearly basis until explicitely terminated by either STUDIO or YVRP. STUDIO and YVRP may terminate this agreement at any time, for any or no reason, via email. Rights granted by STUDIO to YVRP pertaining to the videos, photographs or materials published on YVRP site(s) by STUDIO will persist the termination of the agreement, including but not limited to the use of videos, still frames, photographs and any derived works in existing promotional materials.
If STUDIO elects to remove its material from YVRP sites, videos will no longer be purchasable by customers, but may still be present and available for download from customers who purchased them prior to their removal.
7. LICENSE GIVEN TO YVRP
By submitting a video to YVRP or YVRP site(s) through any publishing interface or medium, STUDIO indicates its intent to give YVRP the following non-exlucsive, worldwide licence to:
8.1 Reproduce, transmit, communicate, display, or distribute all content published and all content derived from content published by any means or technology available to YVRP, including all possible future technologies available to YVRP.
8.2 Adapt, modify and create derivative works from any video, photograph or material published or uploaded to YVRP site(s) by STUDIO and use the original or derived material to promote YVRP both internally and externally.
The licence terminates on the deletion of the submission by STUDIO, within a reasonable timeframe.
The licence does not entail the endorsing or approval of the submitted video, photographs or material published by STUDIO on YVRP site(s). YVRP disclaims all liabilities in relation to any submitted material published by STUDIO on YVRP site(s). STUDIO accepts all responsibility for following the requirements stipulated in this agreement, including but not limited to following the laws of the country in which the material was produced, providing required documents, and publishing only material to which it holds the required licence and copyrights.
Should it be found that STUDIO has violated any copyright, licence agreement, local or international laws, infriged on third-party rights, violated any one or multiple requirements in this agreement, YVRP reserves the right to take down any or all offending material or videos published by STUDIO. Egregious or repeat offenses by STUDIO will lead to termination of STUDIO account and privileges on YVRP sites.
8. MISC
The person accepting this agreement must have the authority to act as a representative of STUDIO with respect to all requirements stipulated in this agreement, and must, at time of acceptance of the agreement, be of sound mind, not under duress, and free from the influence of drugs or alcohol. This agreement supersedes all other written or oral agreements, and each individual section is applicable to the full extent it can be under the law of STUDIO's country. Any one or more specific sections being not applicable under the law of STUDIO's country does not render any other sections invalid. At any time, YVRP may revise any section of this agreement and will notify STUDIO via their registered email address.
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