CREATOR LICENSE AGREEMENT
Last Updated: April 28, 2017
Creator Comics; Qualifications; License Terms. The Pulsar Entertainment Site and any App were created for the enjoyment of our Users as a digital, online forum where readers can discover and enjoy comics and other materials. The Site and any App are also designed as a forum for the promotion and fostering of Pulsar Members who create original artistic works of comics (“Creator Comics”) and wish to publish them through our Services for the enjoyment of other Users and/or for the promotion of their craft.
Qualifications. To qualify as a Creator Comic, the Creator Comic must be the original artistic work of the Pulsar Member submitting the Creator Comic. You represent and warrant that each Creator Comic you submit is an original artistic work of your own, and not of anyone else’s, and that you are the sole owner of any copyright, intellectual property, and other property rights affecting your Creator Comic. You represent and warrant that your Creator Comic is not a derivative work or a copy, in whole or in part, of any other material of which you are not the sole owner of any associated copyright, intellectual property, and other property rights. You, and not Pulsar Entertainment, are solely responsible for making sure that your Creator Comic does not infringe on the copyrights, intellectual property rights, or other property rights of anyone else.
The terms Service, Site and App, as used in this Agreement, include any successor service, website or app to the Service, Site and App, whether maintained by Pulsar Entertainment or an assignee, transferee, or successor of Pulsar Entertainment.
Removal of Creator Comics; Royalties in Certain Situations.
The terms regarding the removal of your Creator Comics from display are subject to the following terms and limitations.
(b) Limitations on Removal Requested by You; Royalties in Certain Situations. You may decide you would like your Creator Comic removed from display. In such a case, you must notify Pulsar Entertainment in writing, or through your Pulsar Entertainment account, that you wish to remove your Creator Comic (the “Removal Notice”). You must sufficiently identify which Creator Comic(s) you wish to remove, in your Removal Notice. In most cases, your Creator Comic will be removed within seven (7) days following our receipt of your Removal Notice; however, if your Creator Comic is a top performer, meaning that it, its series, and/or any comic within a series that includes the Creator Comic, is in the top 10% among Pulsar Entertainment’s complete library on display, in terms of number of views or number of “support” clicks, then you will be notified by Pulsar Entertainment to select one of the two following removal and limited license revocation options, and you will be required to submit a valid, signed, written selection (“Selection”) before removal of your Creator Comic:
(i) Option #1. Removal of your Creator Comic, and revocation of the corresponding license to us, will occur on the date three (3) months following the date your valid Selection of Option #1 is received by us. In consideration for having used the Services to promote your Creator Comic, you agree that Pulsar Entertainment shall have a right to require you to pay royalty payments to Pulsar Entertainment equal to 10.0% of net profits, after expenses, which you and/or your designee receive (or earn the right to later receive), during the 3-year period beginning twelve (12) months before the date of receipt of your Selection and ending twenty-four (24) months following the date of receipt of your Selection, derived from any monetization of the Creator Comic, and/or its characters, themes, or story line, including any derivatives thereof (such as, without limitation, any digital publication, print publication, film, or television agreements). Pulsar Entertainment reserves the right to require you to provide an accurate accounting of any such profits upon its reasonable request. Such net profits shall not include revenue paid to you by Pulsar Entertainment, if any. Any royalty payment obligation hereunder will not begin unless and until such net profits received by you and/or your designee reach $100,000, at which time 10.0% of such net profits would be due; thereafter, additional royalty payments (if any are owing) will be due every three (3) months for the duration of the obligation.
(ii) Option #2. Removal of your Creator Comic, and revocation of the corresponding license to us, will occur on the date six (6) months following the date your valid Selection of Option #2 is received by us. In consideration for having used the Services to promote your Creator Comic, you agree that Pulsar Entertainment shall have a right to require you to pay royalty payments to Pulsar Entertainment equal to 5.0% of net profits, after expenses, which you and/or your designee receive (or earn the right to later receive), during the two (2) year period beginning twelve (12) months before the date of receipt of your Selection and ending twelve (12) months following the date of receipt of your valid Selection, derived from any monetization of the Creator Comic, and/or its characters, themes, or story line, including any derivatives thereof (such as, without limitation, any digital publication, print publication, film, or television agreements). Pulsar Entertainment reserves the right to require you to provide an accurate accounting of any such profits upon its reasonable request. Such net profits shall not include revenue paid to you by Pulsar Entertainment, if any. Any royalty payment obligation hereunder will not begin unless and until such net profits received by you and/or your designee reach $100,000, at which time 5.0% of such net profits would be due; thereafter, additional royalty payments (if any are owing) will be due every three (3) months for the duration of the obligation.
Under either of the Selection options above, Pulsar Entertainment would reserve the right remove your Creator Comic at any time before the date stated in the option, without affecting its right to require the stated royalty obligation.
(c) General Provisions Affecting Any Removal. Any Creator Comic(s) that are removed pursuant to the terms of this Agreement will continue to be owned by you. Notwithstanding anything herein to the contrary, you agree that we may retain, without displaying, distributing, or performing, server copies of your Creator Comic(s) that have been removed pursuant to the terms hereof, even if we no longer have the right to display, distribute, or perform them. Notwithstanding anything herein to the contrary, you agree that Pulsar Entertainment shall have a non-exclusive, perpetual, irrevocable, worldwide, royalty-free-sublicenseable and transferable license to display, reproduce or distribute through its Services, its Site and/or any App, certain limited, identifying aspects derived from your Creator Comic(s), such as the right to continue to display an image, logo, or title name or synopsis of your Creator Comic(s), as a way to maintain a public chronology and/or promote the history of our Services, the Site and/or any App.
Collaborative Works; User Input. There can be only one Pulsar Member who owns a Creator Comic, and he or she is the identified as the “creative lead” through whose account the Creator Comic was submitted (keep in mind that your submission of a Creator Comic must be your own, original work, to qualify, as stated above). In the event that the creative lead uses or integrates the suggestions, preferences, story lines, ideas, comments, or requests of another User (collectively, “User input”) (which may be submitted through the Service’s message programs, for example), the creative lead, and not Pulsar Entertainment, is solely responsible for deciding whether to incorporate any such User input and for managing, honoring, and resolving any attribution issues or intellectual property claims. If you are a User submitting User input, you agree and acknowledge that you shall not have an automatic right to receive any consideration or attribution for your User input, if it is incorporated into a Creator Comic, and you are urged to obtain independent legal advice, prior to submitting any User input, should you have any questions or concerns about this issue. Nothing herein shall preclude a Pulsar Member from entering into a royalty or license agreement with another User, provided it does not interfere with, limit, or detract from the licenses and rights granted to Pulsar Entertainment, which shall remain superior to any other licenses or rights.
You agree that User Generated Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights. Pulsar Entertainment expressly disclaims any and all liability in connection with User Generated Content.
Questions. Should you have any questions about this Agreement and the practices described herein, please feel free to contact us at:
Pulsar Entertainment, LLC
Attn: Creator Licensing
36 Cedar Street
Everett, MA 02149