Content Ownership and Licensing Agreement
1. Introduction
This Content Ownership and Licensing Agreement ("Agreement") is made between the content creator ("Creator") and any entity, including hosting service providers and any automated agents ("Provider"), that hosts, accesses, or interacts with content generated and designated by the Creator under this Agreement.
2. Supremacy of Agreement
This Agreement constitutes the entire agreement between the Creator and the Provider regarding the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties. In the event of any conflict between this Agreement and any other agreement, including any End User License Agreement (EULA) or terms of service to which the Creator is bound in relation to the Provider's services, the terms of this Agreement shall prevail. The Creator is not required to cease using the Provider’s services under any differing terms of another agreement that conflicts with the provisions set forth herein.
3. Ownership of Creator-Generated Content
The Creator asserts exclusive ownership and retains all rights, title, and interest in all content created, uploaded, or generated by the Creator and made available through any platform, service, or website, including third-party and personal sites ("Creator-Generated Content"). This includes the right to control the distribution and use of such Content, irrespective of the platform on which it is posted.
4. License Grant
The Creator grants the Provider a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, and display the Creator-Generated Content solely to the extent necessary for the Provider to deliver the specified services agreed upon. This license is conditional upon the Provider's compliance with the terms set forth herein and does not confer any additional rights or privileges outside those expressly mentioned. This license may be modified, limited, or revoked by the Creator at any time, at their sole discretion.
5. User Rights
The Creator reserves the right to control the use of their Creator-Generated Content and may, at their discretion, request modifications, limitations, or removal of the Creator-Generated Content from the Provider's services. The Creator further reserves the right to demand compensation for any use of the Creator-Generated Content not expressly permitted under this Agreement.
6. Web Crawlers and Automated Agents
By accessing, crawling, or otherwise using any part of the Creator's content, the Provider agrees to be bound by the terms of this agreement. The Creator grants a conditional, revocable, and non-exclusive license to such entities to access the content for the sole purpose of indexing or data collection strictly in accordance with the Creator's published usage guidelines. The Creator reserves the right to revoke this license at any time at their discretion.
7. Modification of Agreement
The Creator may unilaterally modify the terms of this Agreement at any time. Such modifications are effective immediately upon being made. Continued provision of services by the Provider following any modifications constitutes acceptance of the new terms.
8. Termination
This Agreement remains in effect until terminated by the Creator. The Creator may terminate this Agreement at any time by notifying the Provider in writing. Upon termination, all rights granted to the Provider under this Agreement will cease immediately, and the Provider must cease all use, hosting, and distribution of the Creator-Generated Content. The handling of any content still in possession of the Provider after termination will be directed by the Creator in the termination notice. Termination is effective immediately unless specified otherwise by the Creator in the termination notice.
9. Governing Law
This Agreement shall be governed by and construed under the laws applicable in the jurisdiction in which the Creator resides, without regard to its conflict of laws principles.
10. Acceptance
By continuing to provide services, host, or access the Creator's content, the Provider agrees to be bound by its terms and any future modifications.