Last Updated: 11/28/2020
CRITTERFACTS RADIO / CONTENT LICENSE AGREEMENT
CRITTERFACTS GLOBAL, LLC. (CRITTERFACTS) owns, operates, and publishes an audio content delivery service currently known as “CRITTERFACTS RADIO”, which includes websites, widgets, Internet domains, audio, and video content, and applications—operated on first-party or third-party platforms.
By submitting content, I affirm that I am the “License holder” and so do authorize CRITTERFACTS to use the destination URL and/or other procurement of content method provided by me, so as to allow the inclusion of my audio and/or video content, including, without limitation, any associated creative materials, intellectual property, metadata, images or other associated content, in CRITTERFACTS RADIO. By providing this and submitting my content to this destination I hereby acknowledge and agree as follows:
1. Authorization and Royalty Free License for Content:
(a) License holder hereby grants to CRITTERFACTS, on a non-exclusive, worldwide, fully-paid, and royalty-free basis, the right to distribute, play and transmit for streaming any or all of the works as detailed and authorized, through CRITTERFACTS RADIO.
(b) Licensed content provided by license holder, except with regards to section 1(c) below, may not be altered by CRITTERFACTS without written permission from the license holder.
(c) CRITTERFACTS may present advertisements to end-users in connection with the content, including, without limitation (i) before the content is displayed or provided. (ii) and after the conclusion of the content is displayed or provided. License holder acknowledges and agrees that license holder will not receive any revenue associated with any such advertisements. License holder is providing the content at no cost to CRITTERFACTS and CRITTERFACTS shall not be required to pay license holder any fee in connection with its use of the content unless mutually agreed and executed otherwise.
2. Limitation of Liability and Indemnification:
License holder understands and agrees that by this Agreement, the license holder is permitting CRITTERFACTS to stream the licensed content as described herein. In no event will CRITTERFACTS, or its owners or employees, be liable for any damages that would result from the content of the licensed content from the license holder. Each party agrees to indemnify, defend, and hold harmless the other party from and against any loss, cost, or damage of any kind (including reasonable outside attorneys’ fees) arising out of or in connection with any claim that, taking the claimant’s allegations to be true, would result in a breach by the indemnifying party of any of its warranties and covenants herein.
3. Term of Agreement:
This Agreement shall remain in effect in perpetuity unless otherwise requested by the license holder. License holder understands that CRITTERFACTS shall be under no obligation to make the content available and may remove the content at any time without notice to license holder or liability to CRITTERFACTS.
4. Request for removal of content:
In the event that the license holder requests the removal of content, CRITTERFACTS has 30 days from the request to remove the content requested.
5. Ownership of content:
License holder certifies that all licensed content to CRITTERFACTS through this agreement is produced and/or owned by the license holder and that CRITTERFACTS will not be held liable and indemnifies CRITTERFACTS if any of the licensed content is deemed not to be owned by license holder by any party. License holder agrees to notify CRITTERFACTS if they become aware of any copyright infringement claims. License holder retains all ownership of content licensed by CRITTERFACTS through this agreement.
6. Survival:
The warranties, representations, obligations, and other provisions in this Agreement shall be continuing and shall survive the termination of this Agreement.
7. Sublicensing:
CRITTERFACTS under this agreement does not obtain any rights to sublicense the content from the license holder, unless content is played through CRITTERFACTS RADIO on third party platforms, and will not distribute the content outside of the distribution methods outlined in this agreement without written consent from the license holder.
8. Modifications:
CRITTERFACTS reserves the right to modify these terms and notices of any modifications will be sent to license holders via the email provided.
9. Notices:
Should the license holder need to send written notification/communication for any reason they may do so through these methods:
Mail:
CRITTERFACTS GLOBAL, LLC.
6484 East New Philadelphia Rd
Salem, IN 47167
Email:
facts@critterfacts.com
