This terms of Jumpstart Program agreement (“Agreement”) sets forth the terms and conditions between AnotherBall Pte. Ltd. (“we,” “our” or “us”) and each user (“User”) who participates our Jumpstart Program. By submitting the online application, the User will be deemed to have agreed to and accepted this Agreement. By accepting this Agreement, you also agree to be bound by this Agreement of the additional policies and procedures referenced herein, which are incorporated by reference and form an integral part of this Agreement. No User may not participate Jumpstart Program if they do not agree to this Agreement.
Authorized Property as used in this Agreement shall refer to the fictional anime Live2D model characters provided by us and used by User, including such characters' representations, names, likenesses, and all associated environmental settings, artwork, and other related materials. This definition explicitly excludes rights to any other versions, including but not limited to sequels, spin-offs, or live-action adaptations of said series. All rights not expressly granted herein are reserved by us. Any use of the Authorized Property beyond the scope defined in this Agreement shall require our prior written consent.
(i) We hereby permit to User
(a) a limited, revocable, exclusive, non-transferable license of the Authorized Property for use on AniLive; and
(b) a limited right to create, publish, broadcast, manufacture, distribute or sell the Authorized Property in connection with the promotion and advertisement of the AniLive (“Authorized Products”).
Such Permitted right to use the Authorized Property is limited to use by User and/or broadcasters represented by the User. Notwithstanding the foregoing, User agrees that they must obtain our written approval in advance for the creation, publication, broadcast, manufacture, distribution, or sale of any Authorized Products.
(ii) User specifically understands and agrees that no rights are granted herein with respect to our logo or trademark, or any other trademark(s), logo(s) or copyrights owned by us other than those specifically set forth above in the Authorized Property, it being understood that all rights in and to said properties are reserved exclusively to us for use and/or licensing as it deems appropriate to third party(s) of its choice.
(i) Notwithstanding anything stated herein, upon the User broadcasting 300 hours on the AniLive using the Authorized Property, we shall transfer all of its right, title, and interest in the Authorized Property to User, provided however, that the amount of time counted towards such 300 hours is limited to 2 hours per day. For purposes of this clause, a day shall be from 00:00 am UTC - 23:59 pm UTC on the same calendar date. Provided, however, that we could terminate agreement if the User does not stream at least 30 hours per month (unless there are extenuating circumstances) before reaching 300 hours of broadcasting on the AniLive using the Authorized Property.
(ii) Upon the transfer of the Authorized Property from us to User, User
(a) grants to us a perpetual, royalty-free, non-exclusive license to use the Authorized Property in any way, medium or form;
(b) covenants to continue abiding by the obligations as set forth in Sections 6 (Indemnification), 9 (Good Will), 10 (Representations and Warranties), 11 (Limitation of Liability and Disclaimer), 19 (Confidentiality).
We reserve all rights not expressly conveyed to User hereunder, and we may grant licenses to others to use the Authorized Property, artwork, textual matter and such content without limitation for advertising, promoting or operating AniLive.
This Agreement will begin upon time of passing our interview, and will continue unless terminated hereunder. This Agreement may be terminated in accordance with the provisions set forth in Section 12 (Termination) of this Agreement.
If the User has suffered damages arising from or in connection with the use of the Authorized Property, the User may make a claim against us for compensation for such damages, but only in cases where we are at fault. The User also agrees that in any case, except when there is willful misconduct or gross negligence on the part of us , and the damages subject to such compensation will be limited to the direct and ordinary damages actually incurred due to our fault. We do not warrant that the Authorized Property is free of interruption and error.
(i) The copyright in all images, including those displayed in AniLive ("Visual Display"), shall be allocated as follows:
(a) We retain sole and exclusive ownership of all copyrights in the Visual Display elements derived from our anime characters, as defined in Section 1 "Authorized Property" ("Pre-Existing Material"), unless explicitly stated otherwise in this Agreement.
(b) User solely owns the copyright in all original elements of the Visual Display created by User. This includes User's inventions, trade secrets, confidential processes, and works of authorship, regardless of patent or copyright status, manifestation in the Visual Display, or embodiment in hardware or software used to create the Visual Display. User may freely use and sublicense its owned elements of the Visual Display.
(ii) User solely owns the copyrights in all original material created by or for User for packaging, advertising, or promoting the Authorized Product(s) ("Other Materials"). This includes product enclosures, cartons, containers, packing materials, tags, labels, and all advertising and promotional materials. However, we retain sole ownership of any Pre-Existing Material, furnished material to us, or derivatives thereof incorporated into the Other Materials.
(iii) Both parties acknowledge that they have the same rights as any third party regarding materials incorporated in the Authorized Product(s), Other Materials, or Visual Displays that are in the public domain, provided such materials did not enter the public domain due to a breach of this Agreement or any other agreement between the parties.