YOU MUST READ THIS AGREEMENT BEFORE PROCEEDING.
You understand that by clicking the "Submit Games" link to submit any ideas, designs, artwork, sound recordings, literary and/or audiovisual works, text, graphics, computer programs or other software (the "Property") to GameCity you agree to the following:
PROPERTY SUBMISSION AGREEMENT
You understand and agree that by clicking "SUBMIT", you grant to GameCity a non-exclusive right and license to:
- encode, digitize and store the Property;
- perform, display, copy, transmit, and broadcast the Property;
- add to, subtract from, change, edit, revise, rearrange or otherwise edit the Property for purposes of conforming it to the technical requirements of GameCity and/or for censorship or other legal reasons;
- publicize, advertise and promote the Property;
- place advertising before, during and after the display of the Property;
- use the name, likeness, voice and biography of you and/or any person rendering services in connection with the Property, in connection with the exploitation and advertising of the Property or its related rights;
GameCity reserves the right to periodically revise the terms of this Agreement by updating this page. GameCity, however, will not fundamentally alter the scope of the rights granted to it without your consent. You agree to be bound by subsequent revisions to this Agreement thirty (30) days after the posting of the revisions to this page. Accordingly, you should periodically visit this page to review the current terms of this Agreement.
You acknowledge and understand that GameCity frequently creates and/or receives independent submission of material that may be similar to or identical to the Property in theme, idea, characters, titles, dialogue, plot, slogans, scripts, plans, or other respects. You agree that you will not be entitled to any rights in, or compensation in connection with, any such similar or identical material and/or ideas, and that our acceptance of your Property shall not be deemed to limit any rights GameCity may have as members of the general public with respect to the Property, public domain material or otherwise. You have submitted the Property voluntarily and not in confidence or in trust. YOU ACKNOWLEDGE THAT NO CONFIDENTIAL, FIDUCIARY, AGENCY OR OTHER RELATIONSHIP OR IMPLIED-IN-FACT CONTRACT NOW EXISTS BETWEEN YOU AND GameCity AND THAT NO SUCH RELATIONSHIP IS ESTABLISHED BY YOUR SUBMISSION OF THE WORK TO GameCity HEREUNDER. You shall not have the right to use, nor authorize the use of, the GameCity name, in any manner or means whatsoever.
You further agree to indemnify and hold GameCity, its subsidiaries and affiliates, directors, officers, employees, agents, shareholders and partners harmless from any and all claims, actions, demands, judgements, settlements, liability, loss, damages, including reasonable legal fees and expenses suffered or incurred by GameCity as a result of a third party claim to rights in the Property and any liability based upon the Property whatsoever.
You represent and warrant to GameCity that:
- you have the legal right to enter into this Agreement and to grant to GameCity the rights granted herein and the Property is free and clear of all liens, claims and encumbrances;
- GameCity's exploitation of the rights granted to it herein shall not infringe any right of any third party;
- GameCity shall not be obligated to obtain any consents from any third party nor to pay any sums to any third party as a result of GameCity's exploiting any of the rights granted to GameCity herein;
- there is no claim, action, suit or proceeding relating to the Property or the underlying material pending or threatened before any court, administrative or governmental body;
- you have acquired, and hereby grant to GameCity, all rights in and to any and all underlying material to the Property necessary to effectuate the purposes of this Agreement;
- you have acquired all music rights and music clearances which are required with respect to the music contained in the Property and that no supplemental or additional use payments shall be required with respect to the exploitation of the Work and/or any advertising or promotion thereof which contains the music as embodied in the Property;
- The content of the Property is not obscene, or pornographic, it does not invade privacy rights, exploit the images of individuals under the age of eighteen (18), or in any other way violate applicable laws and regulations.
This Agreement embodies the entire agreement between the parties; there have been and are no agreements, representations, or warranties between the parties other than those provided expressly herein. This Agreement shall not be changed or modified in whole or in part, except by a written agreement signed by the parties hereto.
You further agree that the terms of this Agreement shall be governed and construed under the laws of the United Kingdom. In the event any portion of this Agreement is unenforceable or violatative of any statute, law or ordinance, that portion shall be severable and the balance of the Agreement shall remain valid and of full force and effect. This Agreement may not be altered, modified, changed, rescinded or terminated in any way except by an instrument in writing signed by the parties hereto. In the event of a breach of this Agreement by GameCity your sole remedy is termination of the Agreement. You waive any and all rights that you may have under any laws or statutes, worldwide, that concern moral rights in connection with the your submission. You understand that the Property described herein may be used in a manner that contains adult themes, nudity and/or violence, and you have no objection to same use.
You understand that the property may be made available for download on the Internet for a fee or otherwise, and hereby consent to such. You further understand that due to the nature of the Internet medium, the Property may be downloaded and reproduced by Internet users and agree and confirm that the Flash Games shall have no liability whatsoever for an infringement of my rights by an Internet user who downloads and/or uses the Property in an unauthorized fashion.