OVERVIEW
A. Developer is the author and sole owner of the OneWorldStoreFront content management system (“the Software ”) and the OneWorldStoreFront Website located at http://www.OneWorldStoreFront.com (“the Website”), engaged in (a) developing, distributing, maintaining the Software; (b) developing and managing the Website; (c) creating, publishing, reviewing, evaluating, and selling graphic templates (“the Work”) for the Software.
B. Owner owns the copyright to graphic templates that he or she creates and is willing to allow Developer to review, evaluate, publish, and sell the Work on the Website under the terms herein set forth.
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the Owner and Developer agree as follows:
1. Owner hereby grants Developer a non-exclusive right to review, evaluate, publish, and sell the Work through the Website.
2. Owner confirms that the submitted Work is free of any copyright, intellectual property, trademark, or patent violations and is the sole property of Owner. Developer does not take any responsibility or assume any liability for any Work submitted by Owner or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, indecency, lewdness, harassment, threats, abuse, profanity, or copyright violations.
3. All rights, title and interest in the Work, including without limitation, any copyright, shall remain with Owner after Developer reviews, evaluate, and accept the Work for publication and selling through the Website.
4. Owner submits the Work and requests a price that he or she is willing to get for the Work.
5. Developer reviews and evaluate the Work in order to check out whether the Work confirms criteria approved by the Developer Design Panel. The criteria are published on the Website and can be changed anytime without prior notification. In the event that the Developer Design Panel shall approve the Work for publication and selling through the Website, the Work shall be published accompanied by the name of Owner and price requested by Owner.
6. In the event that the Work shall be purchased by Website visitors, the payment shall be transferred to Owner. Developer shall charge ten (10) percent commission and other obligatory payments that shall be subject to charge according to the payment system terms of service.
7. Owner shall own the copyright in the Derivative Works.
8. This Agreement may be terminated by the written agreement of both parties. In the event that either party shall be in default of its material obligations under this Agreement and shall fail to remedy such default within sixty (60) days after receipt of written notice thereof, this Agreement shall terminate upon expiration of the sixty (60) day period.
9. This Agreement constitutes the entire and only agreement between the parties and all other prior negotiations, agreements, representations and understandings are superseded hereby.
10. Developer has the right to change this Agreement any time without prior notification.
11. This License shall be interpreted, construed, and enforced in accordance with the laws of the Canada, except for its conflict-of-law provisions.
12. The controlling language of this Agreement is English.