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| eq2ui_playerhousing_omnihouse.xml Compare Live Server : GU67 : 7\23\13 |
| 156 | </Page> | = | 156 | </Page> |
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| 159 | <Text BackgroundOpacity="0.200" Font="/TextStyles.Large.LargeStyle" Location="30,0" Name="TermsDesc" ScrollExtent="573,0" Size="573,0">:56089efc4edadff6:Player Studio Item Submission Agreement | 159 | <Text BackgroundOpacity="0.200" Font="/TextStyles.Large.LargeStyle" Location="30,0" Name="TermsDesc" ScrollExtent="573,0" Size="573,0">:56089efc4edadff6:Player Studio Item Submission Agreement | |
| 160 | By creating and submitting a virtual item to SOE and clicking the "Accept" button below, you agree to be bound by this Item Submission Agreement (the "Agreement"). Submitted items will be reviewed and considered by SOE for possible inclusion in the SOE Marketplace. SOE may request additional information about a submitted item and may ask you to make revisions to the item. The item, along with any related information and subsequent revisions, will be considered a "Submission" under this Agreement. Please review the terms of this Agreement carefully before completing your Submission and clicking the "Accept" button. If you do not agree to these terms please do not click the "Accept" button and do not submit your item. | 160 | By creating and submitting a virtual item to SOE and clicking the "Accept" button below, you agree to be bound by this Item Submission Agreement (the "Agreement"). Submitted items will be reviewed and considered by SOE for possible inclusion in the SOE Marketplace. SOE may request additional information about a submitted item and may ask you to make revisions to the item. The item, along with any related information and subsequent revisions, will be considered a "Submission" under this Agreement. Please review the terms of this Agreement carefully before completing your Submission and clicking the "Accept" button. If you do not agree to these terms please do not click the "Accept" button and do not submit your item. | |
| 161 | 1. License | 161 | 1. License | |
| 162 | Summary: SOE has the unlimited right to use your Submission. You own your Submission and can use it however you want. SOE owns its games and any materials provided to you as part of the Player Studioâ„¢ Program. | <> | 162 | Summary: SOE has the unlimited right to use your Submission. You own your Submission and can use it however you want. SOE owns its games and any materials provided to you as part of the Player Studio Program. |
| 163 | Detailed terms: You grant to SOE the unlimited, worldwide, perpetual, irrevocable, non-exclusive, royalty-free right and license to use, reproduce, display, distribute, advertise, sell, perform, modify, and make derivative works of your Submission, in any form or manner of media whether presently known or hereafter devised. SOE may assign or sublicense any of the foregoing rights to others. SOE may, but is not obligated, to identify you as the source of the Submission. If SOE does identify you as the source, it may do so by any means it may deem reasonable, including by reference to a pseudonym (e.g., a character name you provide). | = | 163 | Detailed terms: You grant to SOE the unlimited, worldwide, perpetual, irrevocable, non-exclusive, royalty-free right and license to use, reproduce, display, distribute, advertise, sell, perform, modify, and make derivative works of your Submission, in any form or manner of media whether presently known or hereafter devised. SOE may assign or sublicense any of the foregoing rights to others. SOE may, but is not obligated, to identify you as the source of the Submission. If SOE does identify you as the source, it may do so by any means it may deem reasonable, including by reference to a pseudonym (e.g., a character name you provide). |
| 164 | You own your Submission and may use it, or license it for use, in other games on a non-exclusive basis. Notwithstanding your ownership of the Submission, SOE shall retain ownership in any underlying material (including sample models, artwork, and the like) that it provides to you via the Player Studioâ„¢ Program (collectively, "SOE Sample Artwork"). SOE hereby grants you a limited right and license to modify and creative derivative works of SOE Sample Artwork, solely for the purpose of creating your Submission. You may not use, sell, distribute, or otherwise exploit SOE Sample Artwork for any other purpose. | <> | 164 | You own your Submission and may use it, or license it for use, in other games on a non-exclusive basis. Notwithstanding your ownership of the Submission, SOE shall retain ownership in any underlying material (including sample models, artwork, and the like) that it provides to you via the Player Studio Program (collectively, "SOE Sample Artwork"). SOE hereby grants you a limited right and license to modify and creative derivative works of SOE Sample Artwork, solely for the purpose of creating your Submission. You may not use, sell, distribute, or otherwise exploit SOE Sample Artwork for any other purpose. |
| 165 | SOE expressly reserves all rights not granted to you under this Agreement. Subject to players' ownership of Submissions under this Agreement, SOE is and shall remain the sole and exclusive owner of the Player Studioâ„¢ program, the SOE games, and all related materials and game content. | 165 | SOE expressly reserves all rights not granted to you under this Agreement. Subject to players' ownership of Submissions under this Agreement, SOE is and shall remain the sole and exclusive owner of the Player Studio program, the SOE games, and all related materials and game content. | |
| 166 | 2. Payment | = | 166 | 2. Payment |
| 167 | Summary: SOE will pay you 40% of the net amounts it receives from the sales of your item. If you're owed less than $50.00 for a given payment period the balance will be carried forward to the next period. You will only be paid for sales of your actual Submission, not for sales of similar items. | 167 | Summary: SOE will pay you 40% of the net amounts it receives from the sales of your item. If you're owed less than $50.00 for a given payment period the balance will be carried forward to the next period. You will only be paid for sales of your actual Submission, not for sales of similar items. | |
| 168 | Detailed terms: Subject to the terms of this Agreement, on a quarterly basis SOE will pay you 40% of the Net Receipts it actually receives from the sale of your Submission during the previous calendar quarter. "Net Receipts" means Gross Receipts less Costs. "Gross Receipts" means (i) amounts actually received by SOE for purchases of Station Cash, as and when that Station Cash is used to purchase your Submission; and (ii) amounts actually received by SOE from its digital distribution partners (e.g., Valve) and international partners (e.g., ProSiebenSat.1 Games) for the sales of your Submission. "Costs" means the following costs incurred by SOE in connection with the sale of your Submission: (i) taxes that SOE is required to collect for payment to a governmental authority, (ii) chargebacks, reversals, returns, and refunds (including for fraud), (iii) payment processing fees (e.g., credit and debit card fees), (iv) game card commission fees, and (v) referral, development and distribution fees paid to third party partners of SOE (to the extent those fees are based on sales of in-game items). If the aggregate amount owed is less than $50.00 for a given quarter, no payment will be made and the balance will be carried forward to the next calendar quarter. All payments will be in U.S. dollars and will be made by a check mailed to you within 30 days of the end of any calendar quarter for which a payment is due. You will only be paid based on actual sales of your exact Submission; you will not be entitled to payment for content created by SOE or other players, regardless of whether such content is similar to or derived from your Submission. SOE may withhold any payment if, in good faith, it determines that a Submission is likely to infringe the rights of a third party or that you otherwise have not complied with the terms of this Agreement. | 168 | Detailed terms: Subject to the terms of this Agreement, on a quarterly basis SOE will pay you 40% of the Net Receipts it actually receives from the sale of your Submission during the previous calendar quarter. "Net Receipts" means Gross Receipts less Costs. "Gross Receipts" means (i) amounts actually received by SOE for purchases of Station Cash, as and when that Station Cash is used to purchase your Submission; and (ii) amounts actually received by SOE from its digital distribution partners (e.g., Valve) and international partners (e.g., ProSiebenSat.1 Games) for the sales of your Submission. "Costs" means the following costs incurred by SOE in connection with the sale of your Submission: (i) taxes that SOE is required to collect for payment to a governmental authority, (ii) chargebacks, reversals, returns, and refunds (including for fraud), (iii) payment processing fees (e.g., credit and debit card fees), (iv) game card commission fees, and (v) referral, development and distribution fees paid to third party partners of SOE (to the extent those fees are based on sales of in-game items). If the aggregate amount owed is less than $50.00 for a given quarter, no payment will be made and the balance will be carried forward to the next calendar quarter. All payments will be in U.S. dollars and will be made by a check mailed to you within 30 days of the end of any calendar quarter for which a payment is due. You will only be paid based on actual sales of your exact Submission; you will not be entitled to payment for content created by SOE or other players, regardless of whether such content is similar to or derived from your Submission. SOE may withhold any payment if, in good faith, it determines that a Submission is likely to infringe the rights of a third party or that you otherwise have not complied with the terms of this Agreement. | |
| 169 | 3. Selection, Pricing and Bundling | 169 | 3. Selection, Pricing and Bundling | |
| 170 | Summary: SOE will determine which Submissions will be sold in the SOE Marketplace and for how much. SOE may change the price or discontinue the sale of a Submission for any reason at any time. Your Submission may be bundled for sale along with other items. | 170 | Summary: SOE will determine which Submissions will be sold in the SOE Marketplace and for how much. SOE may change the price or discontinue the sale of a Submission for any reason at any time. Your Submission may be bundled for sale along with other items. | |
| 171 | Detailed Terms: You acknowledge and agree that in return for SOE's review and consideration of your Submission you are voluntarily submitting your Submission and agreeing to be bound by the terms of this Agreement. SOE may, in its sole discretion, determine whether or not to include your Submission in the SOE Marketplace and its decision will be final and binding. SOE has no obligation to sell, market, advertise, distribute, or otherwise commercially exploit any Submission. SOE reserves the right to set all pricing with respect to a selected Submission, and may increase or lower the price, give it away for free, or remove a Submission from the Marketplace altogether, in its discretion, for any reason whatsoever. SOE has no obligation to advertise, to optimize the pricing, or to maximize the sales of any selected Submission. SOE may bundle a Submission with other Marketplace items. If your Submission is bundled with one or more other items, the share paid to you for the sale of such a bundle will be apportioned according to non-bundled price of the Submission as compared to the non-bundled price(s) of the other items. | 171 | Detailed Terms: You acknowledge and agree that in return for SOE's review and consideration of your Submission you are voluntarily submitting your Submission and agreeing to be bound by the terms of this Agreement. SOE may, in its sole discretion, determine whether or not to include your Submission in the SOE Marketplace and its decision will be final and binding. SOE has no obligation to sell, market, advertise, distribute, or otherwise commercially exploit any Submission. SOE reserves the right to set all pricing with respect to a selected Submission, and may increase or lower the price, give it away for free, or remove a Submission from the Marketplace altogether, in its discretion, for any reason whatsoever. SOE has no obligation to advertise, to optimize the pricing, or to maximize the sales of any selected Submission. SOE may bundle a Submission with other Marketplace items. If your Submission is bundled with one or more other items, the share paid to you for the sale of such a bundle will be apportioned according to non-bundled price of the Submission as compared to the non-bundled price(s) of the other items. | |
| 173 | Summary: SOE will assign a name, stats and attributes to the Submission. | = | 173 | Summary: SOE will assign a name, stats and attributes to the Submission. |
| 174 | Detailed Terms: If your Submission is selected for inclusion in the SOE Marketplace, we welcome your input regarding possible names, stats and attributes for your item. However, SOE will make the final decision regarding the item's final name, stats and attributes, and SOE reserves the right to change an item's name, stats and attributes at any time in its discretion. | 174 | Detailed Terms: If your Submission is selected for inclusion in the SOE Marketplace, we welcome your input regarding possible names, stats and attributes for your item. However, SOE will make the final decision regarding the item's final name, stats and attributes, and SOE reserves the right to change an item's name, stats and attributes at any time in its discretion. | |
| 175 | 5. Taxes | 175 | 5. Taxes | |
| 176 | Summary: If your Submission is selected for inclusion in the SOE Marketplace, you will need to fill out and send us some tax forms. You'll be responsible for paying any taxes due for the amounts you receive from the sales of your Submission. | 176 | Summary: If your Submission is selected for inclusion in the SOE Marketplace, you will need to fill out and send us some tax forms. You'll be responsible for paying any taxes due for the amounts you receive from the sales of your Submission. | |
| 177 | Detailed Terms: If SOE selects your Submission for inclusion in the SOE Marketplace, you will required to fill out and submit certain tax forms before your item can be added to the SOE Marketplace and any payment can be made. You will be responsible for paying any and all taxes due to the relevant taxing authorities based on any payment(s) SOE makes to you. If SOE determines in good faith that, under applicable laws, taxes should be withheld from any payment made to you, then SOE may withhold the appropriate amount and remit it to the relevant taxing authority. | 177 | Detailed Terms: If SOE selects your Submission for inclusion in the SOE Marketplace, you will required to fill out and submit certain tax forms before your item can be added to the SOE Marketplace and any payment can be made. You will be responsible for paying any and all taxes due to the relevant taxing authorities based on any payment(s) SOE makes to you. If SOE determines in good faith that, under applicable laws, taxes should be withheld from any payment made to you, then SOE may withhold the appropriate amount and remit it to the relevant taxing authority. | |
| 178 | 6. Requirements to Participate | 178 | 6. Requirements to Participate | |
| 179 | Summary: You must be the original creator of your Submission and your Submission must not violate the rights of any other party. You must be at least 18 years old and a resident of the United States to participate in the Player Studioâ„¢ program. We plan to open the program up to other countries soon. SOE employees, contractors, agents, and their family members can't participate in any way. | <> | 179 | Summary: You must be the original creator of your Submission and your Submission must not violate the rights of any other party. You must be at least 18 years old and a resident of the United States to participate in the Player Studio program. We plan to open the program up to other countries soon. SOE employees, contractors, agents, and their family members can't participate in any way. |
| 180 | Detailed Terms: You represent and warrant that (i) you are the original author and sole owner of the Submission and have the legal right to enter into this Agreement; (ii) SOE's use of your Submission according to the terms of this Agreement will not violate or infringe the rights of any third party, including without limitation any patent, copyrights, trademarks, privacy or publicity rights; and (iii) you are at least 18 years of age and a legal resident of the United States. Employees, agents, and contractors of SOE and its affiliates, and their immediate family members, are not eligible to participate directly or indirectly in the Player Studioâ„¢ program. | 180 | Detailed Terms: You represent and warrant that (i) you are the original author and sole owner of the Submission and have the legal right to enter into this Agreement; (ii) SOE's use of your Submission according to the terms of this Agreement will not violate or infringe the rights of any third party, including without limitation any patent, copyrights, trademarks, privacy or publicity rights; and (iii) you are at least 18 years of age and a legal resident of the United States. Employees, agents, and contractors of SOE and its affiliates, and their immediate family members, are not eligible to participate directly or indirectly in the Player Studio program. | |
| 181 | 7. Relationship | = | 181 | 7. Relationship |
| 182 | Summary: You are not considered an employee, agent or partner of SOE under this Agreement. | 182 | Summary: You are not considered an employee, agent or partner of SOE under this Agreement. | |
| 183 | Detailed Terms: Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employer-employee relationship between you and SOE. You will not be entitled to any benefits afforded by SOE to its employees. You have no authority to bind SOE to any third party contract or otherwise to act in any way as a representative of SOE. You are free to enter any contract to provide services to other parties, except any contract which would violate this Agreement. | 183 | Detailed Terms: Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employer-employee relationship between you and SOE. You will not be entitled to any benefits afforded by SOE to its employees. You have no authority to bind SOE to any third party contract or otherwise to act in any way as a representative of SOE. You are free to enter any contract to provide services to other parties, except any contract which would violate this Agreement. | |
| 184 | 8. Entire Agreement | 184 | 8. Entire Agreement | |
| 185 | Summary: This is the entire agreement. | 185 | Summary: This is the entire agreement. | |
| 186 | Detailed Terms: This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes all other agreements and understandings, written or oral, between the parties. | 186 | Detailed Terms: This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes all other agreements and understandings, written or oral, between the parties. | |