Kongregate Collabs: Upload your media

Title

Description

Tags Separate tags with commas.

Art File JPG, GIF, or PNG format.

Acceptable Uses

Any You permit others to copy, distribute, display, and perform your work, including for commercial purposes.

Non-commercial You permit others to copy, distribute, display, and perform your work for non-commercial purposes only.

None You do not permit any use of your work by anyone other than Kongregate.

Acceptable Mods

Yes You permit others to copy, distribute, display and perform your work, as well as make derivative works based on it.

No You permit others to copy, distribute and transmit only unaltered copies of your work — not derivative works based on it.

Share alike You permit others to distribute derivative works only under the same license or one compatible with the one that governs your work.

Licensing Agreement All boxes must be checked to continue

CREATIVE WORK UPLOADING AGREEMENT  
 
THIS ARTWORK UPLOADING AGREEMENT ("Agreement") is made and entered into by and between Kongregate, Inc., a corporation of the State of California, United States ("Kongregate"), and You, the creator of original artwork, music or other creative work ("Artist"). Through this Agreement, Artist submits a creative visual, musical or other work (the "Work") to Kongregate for inclusion on Kongregate's website, in Kongregate's online gaming services, including syndicated services, in Kongregate products, or in other media whether now or hereafter created ("Kongregate Platform"). The effective date is the date on which Artist uploads the Work to accept this Agreement. For good and valuable consideration, the parties agree as follows:  
 
1. Ownership. Artist shall retain all right, title, and interest in and to the Work that Artist uploads to the Kongregate website or otherwise provides to Kongregate.  
 
2. License. Artist hereby grants to Kongregate a worldwide, non-exclusive, sublicensable right and license to (i) use for commercial purposes, reproduce, distribute, display, publicly perform, deliver, market, and promote, the Work through the Kongregate Platform; (ii) to develop, create, implement, and/or distribute modifications of the Work as necessary in order to incorporate the Work in the Kongregate Platform consistently with Artist's warranties and the terms of this Agreement; and (iii) to publish and distribute the Work to third parties through the Kongregate Platform under one of the following licenses selected by Artist upon submission of the Work to Kongregate:  (A) a Creative Commons license that authorizes third parties to copy, distribute, display, and perform the Work for commercial or noncommercial purposes, as determined by Artist and, if selected by Artist, to make derivative works based on the Work or (B) no license. Kongregate is not obligated to enforce the terms of the Creative Commons License or any other license or agreement against any third party or sue any third party for infringement or other violation of rights in any Work or other content.

3. License Termination. The license granted by Artist to Kongregate may be terminated by Artist by following the online license termination process on the Kongregate website or another location of the Kongregate Platform as designated by Kongregate. Within seven days of a receipt of a termination request, Kongregate shall make commercially reasonable efforts to remove the Work from the Kongregate Platform, to cease public distribution of the Work, and to delete residual copies of the Work on Kongregate servers and other machines not available to the general public. Notwithstanding the foregoing, Kongregate will not be responsible for removing cached copies of the Work that may be made by third parties on their own servers, computers, or other hardware or terminating any rights granted by Artist to any third parties under a Creative Commons License or any other license or agreement.   Termination of this Agreement will not affect the rights you have granted to your Work under the Creative Commons License prior to the effective date of termination.  Such rights are irrevocable and survive termination of this Agreement for any reason.

4. Artist Warranties. Artist warrants and represents that: (i) Artist has the right to grant the license described in this Agreement; (ii) Artist has reviewed and understands the Creative Commons License selected by Artist to apply to the Work and expressly authorizes Kongregate to publish the Work on the Kongregate Platform for use by others under such license; (iii) the Work, including all code, visual, and musical elements, does not infringe or otherwise violate the rights of any third party, including any copyright, trademark, patent, trade secret or other intellectual property right, or any right of privacy or publicity; (iv) the Work does not contain any viruses, corrupted files, backdoors, or any other similar software or programs that may adversely affect end users of the Work or the operation of the Kongregate Platform, Kongregate's servers, or its systems, software or hardware; (v) the Work does not contain falsehoods or misrepresentations or content that could give rise to a criminal offense, civil liability, violate any law, or is otherwise inappropriate; (vi) Artist's entry into this Agreement does not violate any laws, rules, or regulations which govern Artist or constitute a breach, event of default, or violation of any agreement by which Artist is bound; and (vii) the Work does not accept payments from or display dynamically served advertisements to users, nor does it provide a premium service for payment accepted elsewhere, except as authorized or provided by Kongregate.  
 
5. Additional Warranties. Both parties warrant and represent that (i) its signatory has been duly authorized on its behalf to enter into and execute this Agreement and (ii) it has the requisite authority to enter into and be bound by this Agreement.  
 
6. Indemnity. Artist shall indemnify, defend, and hold Kongregate harmless from and against any damages, amounts agreed to in settlement, demands, liabilities, obligations, costs, and expenses of any nature whatsoever (including reasonable attorneys' fees) incurred by Kongregate to the extent resulting from (i) a violation by Artist of the terms of this Agreement, the Creative Commons License or any other license or agreement between Artist and any third party, or Artist's obligations, representations, or warranties hereunder or thereunder, or (ii) a third-party claim that the Work infringes or otherwise violates any patent, copyright, trademark, trade secret, right of privacy or publicity, or any other proprietary right of a third party.  
 
7. Waiver. KONGREGATE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR, (I) THE AVAILABILITY, ACCURACY OR COMPLETENESS OF THE KONGREGATE PLATFORM, (II) ANY ERRORS, MISTAKES, OR INACCURACIES OF THE WORK OR ANY CREATIVE COMMONS LICENSE OR OTHER AGREEMENT AS INCORPORATED INTO THE KONGREGATE PLATFORM, (III) ANY UNLAWFUL COPYING OF THE WORK, UNAUTHORIZED ACCESS TO OR USE OF THE WORK ON THE KONGREGATE PLATFORM OR ANY VIOLATION OF THE CREATIVE COMMONS LICENSE OR ANY OTHER LICENSE OR AGREEMENT BY ANY THIRD PARTY, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE KONGREGATE PLATFORM, (V) COMMUNICATIONS OR ACTIONS OF KONGREGATE PLATFORM USERS, OR (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE KONGREGATE PLATFORM OR OTHERWISE DURING ARTIST'S PROVISION OF THE WORK TO KONGREGATE.  
 
8. Limitation of Liability. KONGREGATE SHALL NOT BE LIABLE, WHETHER IN CONTRACT, IN TORT, OR IN ANY OTHER FORM OF ACTION, FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS PERFORMANCE OR FAILURE TO PERFORM HEREUNDER. IN NO EVENT SHALL KONGREGATE'S LIABILITY TO ARTIST FOR DAMAGES EXCEED $5.00 USD.  
 
9. Governing Law/Jurisdiction/Venue. This Agreement shall be governed by the law of the State of California, without reference to its principles of conflict of laws to the extent they would require the application of another state's law. The parties each consent to the jurisdiction of the state and federal courts located in the county of San Francisco in the State of California, and waive any objection to venue in such courts.  
 
10. Entire Agreement. This Agreement and any written amendments executed by both parties embodies the entire agreement and understanding between the parties and supersedes all prior understandings and agreements, whether written or oral, between the parties relating to the subject matter hereof. Kongregate may amend this Agreement upon ten (10) days prior notice delivered to the email address provided by Artist to Kongregate.  
 
11. Legal Construction; Interpretation. If one or more of the provisions of this Agreement are for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement; and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained in this Agreement.  
 
12. Counterparts. This Agreement may be executed in one or more counterparts, each of which, taken together, shall be considered one and the same document.  
 
By checking "Accept" below Artist affirmatively agrees that this Agreement shall be binding on Artist, just as if Artist had provided a physical signature. By submitting the Work to Kongregate, Artist expressly recognizes and agrees that any data or information Artist provides to Kongregate, including personally identifiable information, will be provided to Kongregate, which is located in the state of California, in the United States.

I accept the agreement above and grant the rights to others selected above.

I verify that I am the creator of this work and have the rights to distribute it via Kongregate.com.