By submitting your design (the “Design”) to lovit.my, its affiliates and parents (collectively “LOVIT”), evaluating your Design for its possible use (including, but not limited to, sale to the public and/or participation in a LOVIT Design Contest or other contest), you agree to the following terms and conditions (the “Design Submission Terms and Conditions”):
1: The Design is your own original work and does not contain any trademarks, logos, copyrighted material, any other intellectual property belonging to any third party, or content subject to a third party’s right of publicity or privacy.
2: The Design does not infringe any rights (including but not limited to copyright) of any third party.
3: This is a legal, binding agreement. You represent and warrant that you have the full right, power and authority to enter into this agreement, agree to the Design Submission Terms and Conditions, and that your agreement to them does not violate any other agreement you have entered into with a third party. If you have entered into an agreement with any third party concerning the Design you must advise LOVIT immediately by emailing: email@example.com.
4. As between you and LOVIT, you own and will maintain ownership of the Design. LOVIT does not and will not own the Design because of your submission of the Design.
5. By submitting the Design, you hereby grant LOVIT a worldwide, irrevocable, non-exclusive, right and license to use, upload, modify, reproduce, copy, exhibit, create derivative works of, distribute, sell, advertise, and display the Design, in any manner now known or hereafter devised. This license may be sub-licensed by LOVIT to others. You waive any “moral rights” you may have in the Design.
6. You also grant LOVIT a worldwide, irrevocable, non-exclusive, right and license to use, portray, display and publish your name, appearance, voice, likeness, photographic image, and biographical information, in any and all media now known or hereafter devised. This license may be sub-licensed by LOVIT to others.
7. LOVIT understands that circumstances may change and recognizes that, on a rare occasion, you may need to request a revocation of one or both of the irrevocable licenses you granted to LOVIT in paragraphs 5 and 6 above (the “Non-Exclusive License(s)”). On such a rare occasion you can make this request by emailing firstname.lastname@example.org. Your e-mail must have “Request for Revocation” in the subject line, include the title of the Design, and explain the basis for the request. You understand and agree that LOVIT is not obligated to revoke a Non-Exclusive License and that, if LOVIT does revoke a Non-Exclusive License, it may do so with certain conditions, for example, preserving its or its sub-licensees right to sell through any items bearing the Design, and advertise and promote the same, until all inventory is exhausted.
8. LOVIT also may terminate the Non-Exclusive Licenses by providing written notice to you, at the email address provided by you, of LOVIT election to terminate a Non-Exclusive License. Upon such notice, the Non-Exclusive Licenses shall terminate; provided, however, LOVIT and any sub-licensees and wholesale parties that sell the Design under LOVIT’ authorization, may, at their discretion, sell through any items in their possession bearing the Design and advertise and promote the same, until such time as the inventory of such products is exhausted.
9. If the Design is sold by LOVIT, LOVIT will pay you an amount equal to RM 5 ,per unit sold of the Design on lovit.my Subject to these Design Submission Terms and Conditions, all payments will be made on a monthly basis within 7days after the end of each month, via Bank Transfer. LOVIT shall be entitled to retain a reasonable reserve for returns, provided that such reserve will not exceed 10% of the payment owed to Artist in a month, and LOVIT will not withhold such sums for more than three (3) months. You are required to provide LOVIT with your bank account information. Please contact email@example.com if there are any questions or concerns in regard to payment.
10. On certain occasions, LOVIT may award a cash prize in addition to the payments discussed above when the Design is submitted in a Design Contest and selected as a winning design. Information regarding any such prize will be published on lovit.my. Payment of any cash prize will be on the same terms and conditions as, and subject to your agreement to, these Design Submission Terms and Conditions as well as the official contest rules that apply to that Design Contest.
11. LOVIT’ use of the Design and its payments to you are subject to your representation that you own the Design and that the Design does not infringe any third party’s legal rights.
12. You alone will be responsible for the payment of any tax that arises as a result of receiving any payment from LOVIT, its subsidiaries, related companies, partners, or licensors.
13. You agree to defend, indemnify and hold harmless LOVIT, including LOVIT’ sub licensees (each an “Indemnified Party”) from and against any and all claims, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising out of or relating to an Indemnified Party’s use of the Design (including reproducing, distributing, adapting, and displaying the Design) and/or a breach or alleged breach of the Design Submission Terms and Conditions by.
14. The Design must not disparage any person; it must not be indecent, obscene, hateful, tortious, untruthful, inaccurate, defamatory, slanderous or libelous; it must not promote bigotry, racism, hatred or harm against any group or individual or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
15. You acknowledge that lovit.my may decline to select or print the Design, exclude the Design from consideration, or take down the Design from lovit.my for any reason, at any time, and in its sole discretion and that the decisions of lovit.my are final and binding.
16. LOVIT may, in its discretion, change these Design Submission Terms and Conditions at any time and such changes shall be effective immediately and incorporated into this Agreement. It is your responsibility to review any changes to the Design Submission Terms and Conditions. No modification of this Agreement shall be binding unless confirmed in writing by LOVIT.
By submitting your Design, you acknowledge that you have read and agree to these Design Submission Terms and Conditions. Your agreement with LOVIT is governed by the Malaysia laws. You agree to submit to the personal and exclusive jurisdiction of the courts, in connection with any dispute arising from this agreement.