CREATOR / CONTRIBUTOR TERMS & LICENCE AGREEMENT
Last updated: April 21, 2026
This Creator / Contributor Terms & Licence Agreement (the "Agreement") is entered into between Nerqis Ltd, a company incorporated under the laws of the Republic of Cyprus and operating the digital audiovisual platform "DramaMint" (the "Company"), and the individual or legal entity registering as a Creator (the "Creator").
This Agreement governs the submission, licensing, distribution, exploitation, monetisation, moderation, and protection of Content made available through the DramaMint Platform and shall be read together with the DramaMint Terms and Conditions and the DramaMint Community Guidelines.
By uploading or distributing Content through the Platform, the Creator confirms acceptance of this Agreement.
1. DEFINITIONS
"Digital Content" means any audiovisual work, series, episode, trailer, artwork, subtitles, metadata, images, promotional materials, or related digital materials uploaded or made available by the Creator on the Platform.
"Net Revenue" means the net amounts actually received or made available to the Company from User purchases relating to the Creator Content or other monetised features of the Platform, after deduction of any applicable commissions charged by the Apple App Store, Google Play or any other authorised distribution or payment channel, together with any taxes, payment processing fees, refunds, chargebacks, credits, reversals and other directly related third-party costs or deductions.
"Creator" (referred to on the Platform interface as "Author") means any individual or legal entity that registers for and maintains a Creator account on the Platform for the purpose of uploading, publishing, licensing, and monetising Digital Content through the Platform, and who enters into this Agreement with the Company in order to make such Digital Content available to Users under the terms herein.
The term Creator includes any authorised representative acting on behalf of a legal entity, and the Creator represents and warrants that it has full authority to upload and license the Digital Content and to enter into this Agreement.
"Creator Balance" means the accrued revenue share payable to the Creator in accordance with this Agreement.
"User" means any individual who registers for or otherwise accesses the Platform for the purpose of browsing, viewing, streaming, purchasing, or otherwise accessing Digital Content made available on the Platform.
For the avoidance of doubt, Users acquire from the Company a limited, non-transferable licence to access Digital Content in accordance with the Platform Terms and Conditions, and are not parties to this Agreement between the Company and the Creator.
1.1
The Creator represents and warrants that they are at least eighteen (18) years of age and have full legal capacity to enter into this Agreement. Where the Creator is acting on behalf of a legal entity, the individual accepting this Agreement represents and warrants that they have full authority to bind that entity.
The Creator further represents and warrants that, where Digital Content includes minors, all necessary parental or legal guardian consents, permissions, and releases have been obtained in accordance with applicable law.
2. GRANT OF RIGHTS AND SCOPE OF LICENCE
2.1
The Creator hereby grants to the Company a worldwide, non-exclusive, sublicensable and transferable (including in connection with any corporate restructuring, merger, acquisition, or sale of assets), royalty-bearing licence to host, reproduce, encode, transcode, technically adapt, digitise, store, publicly perform, communicate to the public, make available on demand, distribute, promote, market, and otherwise commercially exploit the Digital Content solely in connection with the operation, development, promotion, and monetisation of the Platform.
2.2
The licence includes the right to make technical modifications necessary for streaming, compression, formatting, subtitling, localisation, watermarking, encryption, metadata tagging, accessibility compliance, and DRM implementation. The Company may create promotional excerpts, teasers, trailers, stills, and thumbnails derived from the Digital Content for marketing purposes.
2.3
The Creator retains ownership of the underlying intellectual property rights, subject to the rights granted herein.
3. CHAIN OF TITLE AND RIGHTS CLEARANCE
3.1
The Creator represents and warrants that it has full chain of title in the Digital Content and that no third party has rights that would restrict or impair the exploitation of the Digital Content on the Platform.
3.2
The Creator further warrants that all performers, directors, writers, composers, crew members, and contributors have been fully compensated or contracted in a manner permitting digital streaming exploitation, and that no guild, collective management organisation, or union payments remain outstanding that would restrict distribution.
3.3
The Company reserves the right to request copies of licences, contracts, releases, cue sheets, music licences, performer agreements, insurance certificates, and other documentation evidencing chain of title. The Creator shall provide such documentation within 15 (fifteen) days upon request. Where a substantiated complaint or legal claim is received in relation to the Digital Content, the Company may temporarily suspend or restrict access to the relevant Digital Content pending receipt and verification of requested documentation.
4. INSURANCE
4.1
Where commercially appropriate, taking into account the nature, scale, budget, or anticipated exposure associated with the Digital Content, the Company may require the Creator to obtain and maintain, at its own cost, an Errors and Omissions insurance policy (also known as Media Liability insurance) covering risks arising from the production, distribution, and exploitation of the Digital Content.
4.2
Such policy shall provide coverage for claims including, without limitation, copyright infringement, trademark infringement, defamation, invasion of privacy, violation of publicity rights, breach of moral rights, and other intellectual property or media-related claims. The minimum coverage limit shall not be less than EUR 1,000,000 per claim and in the aggregate, or such higher amount as the Company may reasonably require based on the scope and distribution of the Digital Content.
4.3
The insurance policy shall remain in full force and effect for the duration of this Agreement and for a minimum period of two (2) years following termination or removal of the Digital Content from the Platform. The Creator shall ensure that the policy is renewed annually without interruption and shall provide evidence of renewal upon request.
4.4
Where requested by the Company, the Creator shall procure that the Company, its affiliates, directors, officers, and employees are named as additional insured parties under such policy with respect to claims arising from the Digital Content. The Creator shall provide a certificate of insurance and, where reasonably required, a copy of the policy endorsement confirming additional insured status.
4.5
Failure to obtain or maintain the required insurance coverage may result in suspension of the Digital Content, withholding of revenue share, or termination of this Agreement at the Company's discretion.
4.6
Nothing in this clause shall limit the Creator's liability under this Agreement.
5. CONTENT UPLOAD AND TECHNICAL SPECIFICATIONS
5.1 Creator Account and Self-Upload
In order to upload and distribute Digital Content on the Platform, the Creator must create and maintain a registered Creator account. The Creator shall be solely responsible for uploading its Digital Content directly to the Platform through its Creator account and for ensuring the accuracy and completeness of all metadata, descriptions, classifications, and related materials submitted in connection with such Content.
By creating a Creator account and uploading Digital Content, the Creator expressly agrees to be bound by this Agreement, the Platform Terms and Conditions, and the Community Guidelines, as amended from time to time.
5.2 Technical Specifications and Quality Standards
The Creator shall upload the Digital Content in strict compliance with the Company's technical specifications, formatting requirements, and quality standards as communicated by the Company from time to time. The Company reserves the right to reject, suspend, remove, or require correction of any Digital Content that does not comply with such technical, quality, legal, or policy requirements.
5.3 Technical Processing by the Company
The Creator acknowledges and agrees that the Company may re-encode, transcode, compress, subtitle, dub, watermark, encrypt, apply digital rights management (DRM), or otherwise technically process the Digital Content as necessary to ensure compatibility, accessibility, security, and proper functioning within the Platform.
6. DIGITAL CONTENT COMPLIANCE AND MODERATION
6.1
The Creator acknowledges that the Content must comply at all times with applicable law and the Community Guidelines.
6.2
The Company may review the Digital Content pursuant to its moderation framework and may remove, restrict, suspend, or disable Content that violates this Agreement, applicable law, or poses legal, regulatory, reputational, or operational risk.
6.3
The Creator acknowledges that automated compliance systems may be used, subject to human oversight, and that unlawful material may be reported to competent authorities in accordance with legal obligations.
6.4
Repeated infringement or serious violations may result in immediate termination of this Agreement.
6.5 Moderation Procedures and Appeals
Enforcement measures relating to Digital Content shall be carried out in accordance with the moderation framework and notice-and-action procedures set out in the DramaMint Community Guidelines. Where feasible and legally permissible, the Creator shall be notified of moderation actions affecting their Digital Content and may submit an appeal through the procedures specified in the Community Guidelines. Nothing in this clause limits the Company's ability to act without prior notice where required by law, regulatory obligation, fraud prevention, security concerns, or risk mitigation.
7. RESPONSIBILITY FOR CONTENT, INDEMNIFICATION, WARRANTIES AND WAIVERS
7.1 Creator Responsibility
The Creator acknowledges and agrees that it is solely responsible for the creation, upload, accuracy, legality, and exploitation of the Digital Content. The Creator shall ensure that the Digital Content complies at all times with applicable laws and regulations, including but not limited to intellectual property laws, data protection laws, defamation laws, consumer protection laws, and audiovisual media regulations.
The Company does not assume responsibility for the substance, legality, or accuracy of the Digital Content uploaded by the Creator.
7.2 Intellectual Property and Legal Compliance Warranty
The Creator represents and warrants that the Digital Content does not infringe any intellectual property rights, moral rights, neighbouring rights, privacy rights, publicity rights, contractual rights, or any other rights of any third party, and does not violate any applicable law.
7.3 Indemnification
7.3.1
The Creator shall indemnify, defend, and hold harmless the Company, its directors, officers, employees, affiliates, and service providers from and against any and all claims, demands, actions, damages, liabilities, losses, costs, fines, penalties, and expenses (including reasonable legal fees) arising out of or in connection with (i) any breach of this Agreement by the Creator, (ii) any allegation that the Digital Content infringes intellectual property or other rights of any third party, (iii) any violation of applicable law in connection with the Digital Content, or (iv) any claim arising from the production, distribution, or exploitation of the Digital Content.
7.3.2
The Company shall have the right, but not the obligation, to assume exclusive control of the defence and settlement of any claim subject to indemnification under this clause, including the right to appoint counsel of its choice. The Creator shall cooperate fully in the defence of any such claim and shall provide all reasonably requested information, documentation, and assistance.
7.3.3
The Creator shall not settle, compromise, or otherwise resolve any claim that imposes any liability, obligation, admission of fault, restriction, or reputational impact on the Company without the Company's prior written consent, which shall not be unreasonably withheld. Where the Company elects to control the defence, the Creator shall remain responsible for all costs and liabilities covered by the indemnity.
7.3.4
Nothing in this clause limits the Creator's primary responsibility for claims arising from the Digital Content.
7.4 Limitation
Nothing in this Agreement shall exclude or limit liability where such exclusion or limitation is prohibited by applicable law.
7.5 Compliance with Community Guidelines
Creator represents and warrants ongoing compliance with the Community Guidelines and acknowledges that material breach thereof constitutes material breach of this Agreement.
7.6 Waiver
To the extent permitted by applicable law, the Creator waives and agrees not to assert any moral rights that would interfere with exploitation of the Digital Content as permitted herein.
7.7 AI-Generated Content
Where Digital Content includes AI-generated or AI-assisted elements, the Creator represents and warrants that such use complies with applicable law and does not infringe any third-party rights. The Creator remains fully responsible for AI-generated components of the Digital Content.
7.8 Sanctions Representation
The Creator represents and warrants that neither they nor any person or entity controlling them is subject to international sanctions, trade restrictions, or prohibitions under applicable law.
8. MONETISATION, PROFIT SHARING, ACCOUNTING AND SETTLEMENT
8.1
Where purchases are made through the mobile application, including in relation to Coins or access to Creator Content, the relevant transaction shall be processed through the authorised third-party application marketplace operator, including the Apple App Store or Google Play, in accordance with its own applicable terms and conditions. For the avoidance of doubt, the Creator shall not be regarded as a seller to, or as contracting directly with, end users in relation to such purchases. The Creator's rights under this Agreement are limited to the contractual entitlement to receive the revenue share or other compensation, if any, expressly provided for under this Agreement, as determined and calculated by the Company in accordance with its terms. If the Company introduces direct web-based sales or another direct payment model in the future, including a model under which the Company acts as Merchant of Record, the Company may amend this Agreement or issue updated terms to reflect such revised transaction structure.
8.2 Monetisation Model and Revenue Share
The Platform operates under a tier-based monetisation structure. The Creator's entitlement to revenue share depends on the subscription tier selected and maintained by the Creator.
Free Tier (No Subscription)
Creators who publish Digital Content without subscribing to a paid Creator plan may make their Digital Content available free of charge. In such cases, no revenue share shall accrue to the Creator, and the Creator shall not be entitled to any compensation.
Pro Subscription Tier
Creators subscribed to the "Pro" plan shall be entitled to thirty percent (30%) of Net Revenue derived from access to their Digital Content during the active subscription period.
Pro+ Subscription Tier
Creators subscribed to the "Pro+" plan shall be entitled to fifty percent (50%) of Net Revenue derived from access to their Digital Content during the active subscription period.
Revenue share applies only to Net Revenue generated while the relevant subscription tier is active.
If a Creator upgrades or downgrades their subscription tier, the applicable revenue share percentage shall apply prospectively from the effective date of the subscription change. No retroactive adjustments shall apply unless otherwise determined by the Company.
Subscription to a paid Creator plan does not guarantee any minimum revenue, traffic, promotion, or visibility on the Platform. Revenue share is contingent upon actual Net Revenue generated by Users accessing the Creator's Digital Content.
The Company does not guarantee any specific level of visibility, ranking, promotion, discoverability, or user engagement in respect of the Creator's Digital Content.
The Company reserves the right to modify, suspend, discontinue, or restructure subscription tiers, monetisation models, or revenue share percentages upon reasonable notice. Continued use of the Platform following such notice constitutes acceptance of the updated structure.
If the Creator's subscription lapses, is cancelled, or is suspended, revenue share shall apply based on the subscription tier in effect at the time the relevant Net Revenue was generated. The Company may suspend monetisation where subscription fees remain unpaid.
Creator earnings are not derived from the transfer or allocation of Coins. Coins are used solely by Users as an internal access mechanism within the Platform. Revenue share is calculated exclusively on Net Revenue actually received and retained by the Company.
8.3 Settlement Period and Accrual
Any amounts remitted or otherwise made available to the Company in connection with User purchases through the Platform shall be processed, accounted for and, where applicable, settled by the Company in accordance with this Agreement. The Creator acknowledges and agrees that the Creator's entitlement under this Agreement is limited to the contractual right to receive the applicable revenue share or other compensation expressly provided for herein, as calculated by the Company on the basis of Net Revenue.
8.4 Adjustments, Withholding and Clawback
All accrued revenue share amounts shall remain provisional until paid. The Company reserves the right to adjust, withhold, offset, or claw back amounts prior to payout where necessary, including in cases of refunds issued to Users, chargebacks, payment reversals, fraud investigations, app store reconciliation adjustments, breaches of Platform policies, violations of applicable law, accounting corrections, or administrative errors.
In the event that an overpayment is identified after payout has been made, the Company may offset the overpaid amount against future earnings due to the Creator or request reimbursement of such amount from the Creator.
8.5 Payout Conditions and Processing
Payment of any accrued revenue share to the Creator ("Payout") shall be conditional upon the Creator's successful completion of all identity verification and know-your-customer (KYC) procedures required by the Company or its designated payment processor, including but not limited to Stripe. The Creator shall also comply with all applicable anti-money laundering (AML), sanctions screening, tax reporting, and other regulatory requirements applicable to the receipt of payments.
The Company shall process Payouts through Stripe or such other third-party payment service provider as the Company may designate in its sole discretion. The Company may establish, modify, or remove a minimum payout threshold from time to time. No Payout shall be initiated unless and until the Creator's available balance exceeds the applicable minimum payout threshold.
All fees and costs associated with the processing of Payouts, including but not limited to payment processing fees, transaction fees, banking charges, currency conversion costs, intermediary bank charges, withholding taxes, and any other fees imposed by payment processors, financial institutions, or other intermediaries, shall be borne solely by the Creator and may be deducted from the Payout amount prior to transfer.
The Creator shall be solely responsible for the reporting, declaration, and payment of any and all taxes, duties, levies, or governmental charges, including without limitation income taxes and value-added tax (VAT), arising from or related to any revenue received under this Agreement. The Company reserves the right to withhold or deduct any taxes where required by applicable law and shall provide reasonable documentation of such withholding where required.
The Company shall not be liable for any delay, failure, error, withholding, reversal, or inability to complete a Payout resulting from the acts or omissions of third-party payment processors, app stores, financial institutions, regulatory authorities, compliance reviews, fraud prevention measures, or any other circumstances beyond the Company's reasonable control.
8.6 Internal Application of Accrued Earnings
Prior to requesting payout, the Creator may elect to convert accrued earnings into in-app Coins on a one-to-one (1:1) basis for internal use within the Platform. Such conversion constitutes an internal accounting reallocation of accrued contractual revenue share and does not represent issuance of electronic money, provision of payment services, storage of monetary value, or transfer of funds between users. The conversion does not create any redeemable monetary claim against the Company outside the Platform ecosystem.
8.7 Status of Coins
Coins are non-transferable between users and non-redeemable for fiat currency, except through contractual revenue settlement applicable to Creators under this Agreement. Coins may only be used within the Platform to access digital content and do not constitute electronic money under Directive 2009/110/EC, nor do they constitute payment instruments or regulated payment services under Directive (EU) 2015/2366 (PSD2). Coins do not represent deposits, stored value, safeguarded funds, or any ownership interest in Company revenues.
8.8 Accounting and Audit Rights
The Company shall maintain commercially reasonable accounting records relating to revenue share calculations. The Creator may, no more than once per calendar year and upon at least thirty (30) days' prior written notice, request a review of revenue calculations. Any such review shall be conducted during normal business hours, in a manner that does not disrupt Company operations, and shall be limited to records reasonably necessary to verify payment accuracy. All information accessed during such review shall remain confidential.
If a review reveals a material underpayment exceeding five percent (5%) of the amount due for the relevant period, the Company shall promptly correct the discrepancy. If an overpayment is identified, the Company may offset such amount against future earnings.
8.9 No Partnership or Profit Participation
The revenue share provided under this Agreement does not create a partnership, joint venture, fiduciary relationship, or profit-sharing arrangement beyond the contractual allocation of Net Revenue attributable to the Creator's Digital Content. The Creator shall not be entitled to participate in the Company's overall profits, inspect general corporate accounts, or claim any ownership interest in Platform revenues beyond the agreed revenue share.
8.10 Regulatory Status
The Parties acknowledge and agree that this Agreement establishes a commercial, arm's-length arrangement for the distribution and monetisation of Creator Content through the Platform and for the sharing of revenue in accordance with this Agreement. Nothing in this Agreement shall be construed as creating any employment, partnership, joint venture, agency, fiduciary or similar relationship between the Company and the Creator. The Creator acts at all times as an independent contracting party and shall have no authority to represent, bind or incur obligations on behalf of the Company.
8.11 Business Status Representation
The Creator represents and warrants that they are acting in the course of a business or professional activity and are not entering into this Agreement as a consumer.
8.12 Data Limitation
The Creator shall not be entitled to receive, access, or process personal data of Users except as expressly made available through the Platform in accordance with applicable data protection law.
8.13 Suspension of Monetisation
The Company may suspend or restrict monetisation functionality without terminating this Agreement where reasonably necessary for fraud investigation, compliance review, sanctions screening, technical security concerns, chargeback investigation, or risk mitigation. Suspension of monetisation shall not constitute a breach of this Agreement.
9. SET-OFF AND CLAWBACK
The Company may withhold, offset, or claw back amounts payable to the Creator where payments were made in error, resulted from fraud, chargebacks, user refunds, or were generated through violation of Platform policies.
The Creator acknowledges that chargebacks and fraud losses may occur after initial payment calculations and agrees that such amounts may be deducted from future payments.
10. NON-CIRCUMVENTION
10.1
The Creator shall not, whether directly or indirectly, circumvent, seek to circumvent, undermine or interfere with the Platform's authorised monetisation channels, purchase mechanisms, transaction flows or revenue-sharing framework as established by the Company from time to time.
10.2
Without limitation, the Creator shall not use Creator Content, profile information, captions, comments, messages, metadata, live interactions, calls to action or any other functionality of the Platform to direct, solicit, encourage or require any User to make any payment, donation, subscription, tip or other transfer outside the monetisation channels authorised by the Company, including through external payment links, QR codes, wallet addresses, bank details, private contact details, third-party applications, websites or other off-platform arrangements.
10.3
The Creator acknowledges and agrees that, in relation to the Platform, the Creator does not act as a seller to end users and does not enter into direct sales, licence or payment transactions with end users for access to Creator Content through the Platform.
10.4
The Creator's sole financial entitlement in connection with monetised access to Creator Content through the Platform shall be the revenue share or other compensation expressly provided for in this Agreement, as calculated by the Company in accordance with this Agreement.
10.5
For the avoidance of doubt, the authorised monetisation channels of the Platform may include purchase flows made available through third-party app marketplace operators, including the Apple App Store and Google Play, as well as any direct web-based payment channels or other monetisation mechanisms that may be introduced or approved by the Company from time to time.
10.6
Any attempt by the Creator to bypass the authorised monetisation channels or to divert Users to alternative payment arrangements may constitute a material breach of this Agreement and may result in suspension or termination of the Creator's account, withholding of unpaid amounts to the extent permitted by law and this Agreement, and any other remedies available to the Company.
11. TERMINATION
11.1 Termination for Convenience
Either party may terminate this Agreement for convenience by providing thirty (30) days' prior written notice to the other party. During the notice period, the Creator may continue to make Digital Content available on the Platform unless otherwise agreed in writing between the parties.
11.2 Termination for Cause
The Company may terminate this Agreement with immediate effect upon written notice if the Creator materially breaches this Agreement, the Community Guidelines, or applicable law. Immediate termination may also occur where the Creator infringes or is reasonably suspected of infringing third-party intellectual property rights, engages in fraudulent conduct, violates sanctions or regulatory requirements, or engages in conduct that exposes the Company to legal, regulatory, operational, or reputational risk. The Company may further terminate immediately where required by law, regulatory authority, court order, or applicable application store policies, or in cases of repeated or serious violations.
The Creator may terminate this Agreement with immediate effect if the Company materially breaches this Agreement and fails to remedy such breach within fifteen (15) days following written notice specifying the breach.
11.3 Effect of Termination
Upon termination of this Agreement for any reason, the Creator shall cease uploading new Digital Content to the Platform. The Company may remove the Creator's Digital Content from public availability and deactivate the Creator's account.
Termination shall not affect licences validly granted to Users prior to the effective date of termination.
11.4 Survival of User Licences
Notwithstanding termination, the Company shall retain a non-exclusive, sublicensable licence to continue hosting, storing, and making available the Digital Content solely to Users who have validly unlocked or purchased access to such Digital Content prior to termination. Continued availability shall be limited to streaming access and DRM-protected in-application playback functionality. The Company shall have no obligation to continue promoting or marketing the Digital Content following termination.
11.5 Final Settlement
Within sixty (60) days following the effective date of termination, the Company shall calculate any outstanding Net Revenue accrued up to the termination date, subject to adjustments for refunds, chargebacks, fraud investigations, reconciliation processes, and other deductions permitted under this Agreement. The Company may retain reasonable reserves for pending chargebacks, disputes, or payment reversals for a period not exceeding ninety (90) days following termination.
Final payment of any undisputed amounts shall be made in accordance with the payout provisions of this Agreement and shall remain subject to completion of applicable identity verification and regulatory compliance requirements.
11.6 Post-Termination Retention and Archival Rights
The Company may retain archival copies of the Digital Content and related documentation for legal, regulatory, evidentiary, compliance, backup, and audit purposes. The Company may also retain and continue to use promotional excerpts, thumbnails, trailers, or marketing materials previously created in connection with the Digital Content, unless otherwise agreed in writing.
11.7 Survival
Any provisions which by their nature are intended to survive termination shall remain in full force and effect following termination. This includes, without limitation, provisions relating to intellectual property rights, licences granted to Users, revenue share calculations and final settlement, indemnification, limitation of liability, confidentiality, audit rights, regulatory compliance representations, governing law, and dispute resolution.
12. ANTI-FRAUD, SANCTIONS AND COMPLIANCE
12.1
The Creator represents that it is not subject to sanctions, trade restrictions, or prohibitions under applicable law. The Creator agrees not to use the Platform for unlawful financial activity, money laundering, or fraudulent conduct.
12.2
The Company may suspend payments or terminate the Agreement if it reasonably suspects fraud, sanctions violations, or unlawful conduct.
13. CONFIDENTIALITY AND PUBLICITY
13.1
The Creator undertakes to maintain confidentiality regarding non-public information relating to the Company's technical systems, financial arrangements, algorithms, moderation systems, and commercial strategies.
13.2
The Creator shall not publicly misrepresent the relationship with the Company or issue press releases referencing the Company without prior written consent, except where legally required.
14. LIMITATION OF LIABILITY
14.1
To the fullest extent permitted by applicable law, the total aggregate liability of the Company arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount of revenue share actually paid by the Company to the Creator under this Agreement during the twelve (12) months immediately preceding the event giving rise to the claim.
14.2
The Company shall not be liable to the Creator for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation loss of profits, loss of business opportunity, loss of goodwill, loss of anticipated revenue, loss of data, or reputational harm, even if advised of the possibility of such damages.
14.3
Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation, wilful misconduct, or any other liability which cannot be excluded or limited under applicable law.
14.4
The limitations set forth in this clause shall apply regardless of the form of action and shall survive termination of this Agreement.
15. RELATIONSHIP OF THE PARTIES
Nothing in this Agreement creates a partnership, employment, joint venture, agency, or fiduciary relationship between the parties. The Creator operates as an independent contractor and is solely responsible for its business operations, personnel, and obligations.
16. ASSIGNMENT AND TRANSFER
The Creator may not assign or transfer this Agreement without prior written consent of the Company. The Company may assign this Agreement in connection with corporate restructuring, merger, acquisition, or sale of assets.
17. FORCE MAJEURE
Neither party shall be liable for delay or failure to perform due to causes beyond reasonable control, including natural disasters, government action, internet outages, cyberattacks, or force majeure events.
18. SURVIVAL
Provisions relating to intellectual property rights, indemnification, limitation of liability, confidentiality, audit rights, governing law, and dispute resolution shall survive termination of this Agreement.
19. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the Republic of Cyprus. The parties agree to attempt good faith negotiation prior to commencing litigation. Failing resolution, disputes shall be subject to the exclusive jurisdiction of the Cyprus courts, without prejudice to mandatory EU legal protections.
20. SEVERABILITY AND WAIVER
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force. Failure to enforce any provision shall not constitute waiver.
21. ENTIRE AGREEMENT AND AMENDMENTS
This Agreement, together with the DramaMint Terms and Conditions, constitutes the entire agreement between the parties concerning Digital Content distribution.
The Company may amend this Agreement for regulatory, operational, or commercial reasons upon reasonable notice. Continued distribution of Content following notice constitutes acceptance of amendments.
In the event of any inconsistency between this Agreement and the DramaMint Terms and Conditions or Community Guidelines, this Agreement shall prevail with respect to the relationship between the Company and the Creator.
Questions or Concerns?
If you have questions or comments about this policy, please contact us at[email protected]