LICENSOR: designated in the Submission Form, available at https://www.chaos.com/submit-your-art#submit or any other successor site.
LICENSEE: Chaos Software GmbH, a company organized and existing under the laws of Germany, headquarters at An der Raumfabrik 33b, 76227 Karlsruhe, Germany. When referred below LICENSEE will mean, jointly and severally as the context may require, LICENSEE and its subsidiaries, parent companies, and companies with which it is under common control (“affiliates and successors”), including but not limited to, Chaos Software EOOD, Chaos Software SRL, Cylindo Aps, Chaos Software, Inc, etc.
I. LICENSE GRANT
LICENSOR desires to participate in, and be accessible via, the LICENSEE’s content license platform, and, thus, hereby grants LICENSEE, its affiliates and successors, the royalty-free, freely transferable and sublicensable, non-exclusive and unlimited right, perpetual, or for the maximum duration according to the applicable law (automatically renewing under the same terms and conditions until expiration), to use the LICENSOR’s content (as designated in the Submission Form, available at https://www.chaos.com/submit-your-art#submit) and/or any derivative materials created from the LICENSOR’s content, as LICENSEE may determine, including but not limited to, access, use, reproduce, make available, publicly perform, display, distribute, and sublicense, in relation to any and all of LICENSEE’s business activities to promote, reproduce, distribute, exhibit, or exploit in any manner the LICENSOR’s content, or any part thereof, without limitation, for the production of release images, product functionality and features, scenes and videos demonstrating new product functionality, production of tutorials, etc. LICENSEE shall be entitled to alter, change and modify the LICENSOR’s content without obtaining any additional LICENSOR’s permission, in writing or otherwise, prior or after such modification, including but not limited to, minor modifications, such as changing the position and the color of the lights, changing hue, brightness, contrast, mood, blurring, sharpening, changing the point of view, size and resolution, adjusting materials and texture look, etc, implemented for the purposes of making the LICENSOR’s content and/or derivative materials suitable for the functionality of the LICENSEE’s offerings or otherwise making the LICENSOR’s content suit LICENSEE’s needs, including but not limited to, for the purposes of creating imagery generated by the LICENSEE’s products, for the purposes of creating or demonstrating features and settings in V-Ray, Phoenix, Cylindo, Corona, Enscape, or any other LICENSEE’s products’ functionality, etc. The original content and any derivative materials thereof may be freely shared to the public either in their original form or modified and may be published on various publicly available distribution channels. Where possible credits will be placed near them according to the then-current LICENSEE standard policy. This document does not create any obligation for LICENSEE to use the LICENSOR’s content provided.
By submitting, LICENSOR agree that LICENSEE, and its affiliates and successors, may use the submitted LICENSOR’s Content, fully credited, for business purposes on LICENSEE’ websites and/or for marketing purposes. LICENSOR will retain all copyrights to their work, except for those granted hereby.
As a condition of participation in the LICENSEE’s content platform, LICENSOR grant to LICENSEE the right to use their full name (first and last), image and likeness for advertising, publicity, and promotional purposes without territorial, time or use limitations, including without limitation online announcements, without additional compensation or notice, unless otherwise mandatory required by law.
II. CHARGES FOR PARTICIPATION
LICENSOR will not be charged for their participation in the LICENSEE’s content platform (unless otherwise clearly stated), although you should be aware that charges for internet and related appliances and services use may apply at rates determined by your provider.
There are no restrictions on submitting entries that have been submitted to other competitions or previously published in public.
III. USE AND CREDENTIALS
The personal data that are processed in regards to the LICENSEE’s content platform are as follows: name, email address, country of residence and address, artist nickname and/or credits.
LICENSEE shall incorporate the LICENSOR’s credits in close proximity to the visual, in case the render submitted has been selected and posted in LICENSEE’ marketing channels.
By accessing the LICENSEE’s content platform LICENSOR expressly consent to LICENSEE’ collection, processing and use of their personal information that they provide (including, but not limited to, disclosure of their name and artist credits available to the public) and under the terms of LICENSEE's Privacy Notice, which can be found in the beginning of this document.
The LICENSOR’s content may be used worldwide, indefinitely, free of charge except from the marketing reward - credential placement stipulated hereunder, and in all aspect of the business activities of LICENSEE and its subsidiaries, parent companies, and companies with which it is under common control, including but not limited to, as promotional marketing materials and be featured on LICENSEE’ communication channels, including but not limited to: LICENSEE’ gallery, LICENSEE’ showreel, LICENSEE’ social media channels (Facebook, Instagram, Twitter, LinkedIn, Pinterest, Bilibili, Weibo, Youku), LICENSEE’ blog, in synchronization with other materials on LICENSEE’ YouTube channel, etc.
THE INFORMATION PROVIDED BY THE LICENSOR WILL BE PROCESSED BY THE LICENSEE, FOR LICENSEE’ OWN PURPOSES.
IV. RULES OF PARTICIPATION
To participate in this LICENSEE’s content platform, LICENSOR must submit their original visual(s) via the Submission Form available at https://www.chaos.com/submit-your-art#submit.
LICENSEE reserves the right at all times at its sole discretion to cancel, terminate, modify or suspend the LICENSEE’s content platform, and/or these terms, in whole or in part, including but not limited to, in the event of any cause beyond the reasonable control of LICENSEE that interferes with the proper conduct of the LICENSEE’s content platform as contemplated by these terms, which may include inter alia, any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, or any other cause.
V. CREDENTIALS
LICENSOR is responsible for the accuracy of the data provided by him/her in connection with its participation in the LICENSEE’s content platform. The organizer has the right to deprive any person of participation in the LICENSEE’s content platform in case of violation or suspicion of violation of any of the conditions of these terms or attempted fraud.
VI. WARRANTIES, REPRESENTATIONS AND INDEMNIFICATIONS
LICENSOR warrants, represents, agrees and acknowledges that:
LICENSOR has created, or has the requisite rights to submit, develop and use its Content/artwork in connection with the LICENSEE’s content platform;
LICENSOR’s content does not infringe or misappropriate any intellectual property or proprietary right of any third party or violate any applicable laws, rules or regulations;
LICENSOR has all the Intellectual Property rights, or has obtained permission to submit the LICENSOR’s Content for use hereby.
LICENSOR’s content is not subject to any restriction on disclosure, transfer, download, export or re-export under any applicable law, rule or regulation; and
any information LICENSOR provides in connection with regard to LICENSOR’s content, or the participation in the LICENSOR’s content platform, is and shall remain true, accurate, and complete, and that LICENSOR will maintain and update such information regularly.
LICENSOR agrees and acknowledges that at its own expense and to the fullest extent permitted by law, shall indemnify, defend (at LICENSEE’ request), and hold harmless the LICENSEE, its affiliates and successors, and/or its related third parties, against any and all losses, liabilities, expenses (including reasonable attorneys’ fees) suffered or incurred by either or both of those, by reason of any Claim asserted against them. If requested by LICENSEE to defend such a Claim, you will not agree to any settlement without the prior written consent of the LICENSEE, and the LICENSEE shall have the right to participate, at its own expense, in the defense of any such Claim with counsel of its own choosing.
"Claim" means any claim, suit or proceeding arising out of or in connection with: (1) LICENSOR’s Content or use of their content/artwork, including, without limitation, any assertion that LICENSOR’s Content, or the use thereof, may infringe any copyright, trademark, or other intellectual property or other rights of any individual or entity, or are a misappropriation of any individual or entity’s trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials or use thereof caused death or bodily injury or damage to the real or tangible property of any third party; or (2) any breach of or failure by LICENSOR to comply with applicable laws, these terms or any policies or additional agreements applicable hereto.
VII. LIMITATION OF LIABILITY
The participation in the LICENSEE’s content platform is voluntary and free and does not create any rights for the LICENSOR to receive something in return or obligations to LICENSEE to provide something to the LICENSOR.
VIII. PERSONAL DATA
By submitting an original artwork the Participant agrees his or her personal data to be collected and processed by LICENSEE and its local partners, in its capacity as administrator of personal data for the purposes of the LICENSEE’s content platform.
By participating in the LICENSEE’s content platform LICENSOR declares and agrees to submit their personal data voluntarily as a prerequisite for participation in the LICENSEE’s content platform and for the use of the rights they can acquire with their participation in the LICENSEE’s content platform and give their explicit consent to LICENSEE and their local partners to process their personal data.
The data of all LICENSOR will be stored by LICENSEE in a database, subject to the requirements of the applicable data privacy legislation. For more information about the processing of your personal data, please read our Privacy Policy available on top of this document.
IX. TERMINATION
LICENSEE has the irrevocable right to amend or terminate either of these terms, as a whole or any part thereof, at any time by announcing it on its website at https://www.chaos.com/submit-your-art#submit, or any other successor website.
These terms are available at https://www.chaos.com/submit-your-art/terms, or any other successor website, where everyone interested should become acquainted with them.
X. MISCELLANEOUS
If any of the provisions of these terms shall become or be held invalid or unenforceable all other provisions hereof shall remain in full force and effect. The invalid or unenforceable provision shall be deemed to be automatically amended and replaced by a valid and enforceable provision which accomplishes as far as possible the purpose and the intent of the invalid or unenforceable provision. LICENSOR declares that it is not a resident of a territory subject to international sanctions, embargoes or restrictions by the EU, USA, UN or any other recognized international organization or state. LICENSOR also declares that it Is not a subject to any designated persons prohibition lists, or otherwise subject to export controls restrictions. LICENSEE agrees that nothing herein shall be deemed to grant to LICENSEE any intellectual property rights in the LICENSOR’S content, including, but not limited to, copyrights, except for the rights granted hereby. These terms shall be construed and interpreted in accordance with the laws of Germany, without giving effect to conflict of laws provisions. The contractual parties hereto submit any claims with regard to these terms to the exclusive jurisdiction of the Düsseldorf courts.