The Cycle: Frontier Creator Program Agreement
Last updated: 14-Mar-2023
The Cycle: Frontier Creator Program (the “Creator Program”) is intended to support content creators who create, fun and engaging content relating to The Cycle: Frontier game.
You are now reading the terms of The Cycle: Frontier Creator Program Agreement (the “Agreement”), which is a legal agreement between you and Yager Development GmbH (“we”, “us”, “our” as appropriate). In order to participate in the Creator Program described below, you must agree to abide by the terms and conditions contained in this Agreement. Applying to participate in the Creator Program signifies that you have read, understood, and agree to be bound by this Agreement. You may also accept this Agreement by clicking to accept or agree where this option is made available to you by us. If you don’t agree to be bound by the terms of this Agreement, then don’t apply to participate in the Creator Program and don’t click to accept or agree to these terms.
1. Who is Yager?
Yager (Yager Development GmbH) is a company registered in Germany whose registered number is HRB 134133 B. Yager is the developer of the game titled The Cycle: Frontier (the “Game”) and operates the Creator Program.
2. Why should you read this Agreement?
You should read this Agreement because it contains the terms and conditions that govern your participation in the Creator Program. Please read this Agreement carefully to make sure you understand the terms which apply.
By using the Creator Program, you accept and agree to be legally bound by this Agreement. If you do not agree with the Agreement, you should not sign up to the Creator Program or where you are already a member, you should terminate your membership (see section 11 below).
Please note this Agreement may be updated by us from time to time with a revised version being made available on this page, being deemed to be in effect from the date specified above.
3. How the Creator Program Works
We developed a program, called ‘The Cycle: Frontier Creator Program’ intended to support content creators who create, fun and engaging video relating to The Cycle: Frontier (the “Game”). By using the Creator Program, just some of the perks you could receive include:
Twitch and YouTube features
Referral Aurum rewards
Access to first-hand information relating to the Game, including media kits; and
other digital rewards for the Game which we may communicate to you via the Creator Program.
In connection with your membership on the Creator Program, from time to time you may also be invited to participate in promotional contests, which may offer the chance to win physical and/or digital prizes. Participation in these contests would be subject to the acceptance of separate terms and conditions applicable to such contests.
4. Eligibility and Application
(a) Eligibility. In order to be eligible to participate in the Creator Program, you must:
· Maintain a creator channel(s) (you may be asked to provide a link(s) to this as part of the sign-up process);
· have a Game account and have accepted, and agreed to be bound by, the end user license agreement for the Game (https://thecycle.game/eula) (“EULA”);
· have reached either (i) 18 years of age or older (i.e., you have lived for at least 18 calendar years), or (ii) the legal age of majority in your jurisdiction of residence as of the date you submit your application to participate in the Creator Program (the “Registration Date”).
(b) Application. You must complete and submit the application form for the Creator Program. Yager will review this and at its sole discretion, determine whether to accept your registration as a member of the Creator Program. By completing and submitting the application form, you confirm that all information you provide to us will be true and accurate.
5. Program Content
(a) No Harmful Conduct. Without limitation of the foregoing, you agree not to upload, publish, submit or transmit any streams, videos, photos, texts, social media posts, artwork, dialogue, catchphrases, stories, music, sounds, audio-visual effects and any other content that you create in connection with your participation in the Creator Program (“Program Content”) or otherwise engage in any behaviour in connection with the Creator Program that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy, or any other rights of third parties; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is grossly harmful, racially or ethnically objectionable, disparaging, blasphemous, libelous, defamatory, obscene, pornographic, paedophilic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent, bullying, or threatening or promotes violence, money laundering or gambling, terrorism, or actions that are threatening or disrespectful to any person or entity; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
(b) Keep it Classy. You further agree, that as part of the Creator Program, you will not to engage in any behaviour that: (i) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive, including “trolling;” (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) is disruptive to the Game, its users or user community; (v) is violent, bullying, or threatening or promotes violence, terrorism, or actions that are threatening or disrespectful to any person or entity; or (vi) promotes illegal or harmful activities or substances.
6. Compliance with applicable laws
In the making, publishing and promotion of any Program Content, you warrant and undertake that you will comply with all applicable laws and regulations at all times. You acknowledge and accept that it is your sole responsibility to ensure your compliance with this provision, and we shall in no event be liable in the event of any breach by you of any such applicable laws.
In particular, this means that you should be careful to ensure that you comply with any disclosure requirements as to paid or sponsored content which may apply in relation to your Program Content, such as ensuring that you disclose any material connections or paid partnerships (if applicable) with third parties to your viewers and audience, and taking particular care to ensure that any statements made by you are truthful and not misleading.
You further acknowledge that it is your sole responsibility to ensure that you comply with the terms and conditions of any platforms you use to publish and promote your Program Content (such as, without limitation, Twitch and YouTube).
You acknowledge that your membership of the Creator Program does not entitle you to any payment by Yager or any third party. To the extent Yager agrees (at its sole discretion) to enter into any paid partnership(s) with you, such partnerships and any agreed fees shall be agreed upon separately in writing.
Whilst a member of the Creator Program, Yager may from time to time grant you certain in-Game digital rewards (referred to herein as “Rewards”). The precise Rewards awarded by Yager can be dependent on a variety of factors which shall be communicated to you from time to time via the Creator Program.
Please note that the award of any Rewards to you by Yager in connection with your membership is at the sole discretion of Yager. Yager makes no guarantee that by virtue of your membership to the Creator Program you will receive Rewards.
8. Ownership and Licences
You acknowledge that Yager is the legal and/or beneficial owner or licensee of the intellectual property rights existing within the Game and any Content (as defined under the EULA). Yager grants you a worldwide, non-exclusive, non-transferable, royalty-free, perpetual but revocable licence to use the Content (and associated intellectual property rights therein) for the sole purpose of creating and promoting your Program Content across your channel(s), subject strictly to your full compliance with the Program Terms and any other permitted usage guidelines as notified to you by Yager.
By being a member of the Creator Program, you acknowledge and agree that we may share or promote your Program Content across Yager’s social media channels. To this effect, you grant Yager a worldwide, non-exclusive, non-transferable, royalty-free, perpetual licence to reasonably edit, share and promote your Program Content (and any associated intellectual property rights therein), as well as any information relating to your channel(s) such as your channel name and URL, across Yager’s social media channels and platforms.
As a member of the Creator Program, you may be in receipt of non-public information which is proprietary and confidential to Yager, its subsidiaries, parent companies or affiliates (being referred to herein as “Confidential Information”). Without limitation, Confidential Information includes any:
sensitive and non-public information relating to the Game,
private correspondence between yourself and Yager,
terms of any separate agreements between yourself and Yager whether in connection with your membership of the Program or not.
You must not disclose Confidential Information to any third party without the prior written consent of Yager, which Yager may provide at its sole discretion. If you have any doubts in regards to whether you are permitted to disclose something or not, please contact us first.
In certain cases you may be asked to execute a separate non-disclosure agreement (“NDA”). In such instances, your compliance with such NDA is also a condition of your continued membership of the Creator Program.
Upon termination of your membership of the Creator Program, or at any time on Yager’s request, you must immediately destroy all Confidential Information in your possession.
This obligation of confidentiality under Section 9 shall survive the termination of your membership under the Program.
10. Your relationship with Yager
You acknowledge that by signing up to the Creator Program, you remain an independent party to Yager. Nothing in this Agreement intends to create a partnership between you and Yager or provides you any authority to act as agent for Yager or bind Yager in any way.
You must not at any point represent or otherwise hold yourself out to be an employee, consultant, worker or agent for Yager, Yager’s subsidiaries or parent companies, or affiliated companies, by virtue of your membership of the Creator Program.
11. Term and Termination
Your agreement with Yager under the Creator Program commences on your acceptance into the Creator Program, and concludes on the earlier of (a) termination of your membership of the Creator Program; (b) termination of the Creator Program by Yager.
At any point in time, either you or Yager may terminate your participation in the Creator Program without cause for convenience. If you want to terminate your membership in the Program, you can do so by contacting us via the Creator Program, or by email to [email protected]
Furthermore, in the event you violate this Agreement, Yager may immediately suspend or terminate your membership of the Creator Program with or without notice. In such event, in addition to any other rights and remedies Yager may have, Yager reserves the right to pursue legal action against you and seek appropriate remedies, which may include without limitation seeking damages in the form of compensation and/or injunctive relief.
You acknowledge and agree that on termination of your membership to the Creator Program, you will lose access to the Creator Program and may also lose any Rewards provided to you. You acknowledge and agree that you shall not be entitled to any compensation from Yager as a result of such termination, and Yager shall have no liability to you whatsoever.
On termination of your membership (for any reason), you must delete any Confidential Information you have in your possession in accordance with Section 9.
12. Limitation of Liability
This section limits what you can recover from us in a dispute.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE WILL NOT BE LIABLE IN ANY WAY FOR ANY:
(a) LOSS OF PROFITS,
(b) LOST REVENUE,
(c) LOST SAVINGS,
(d) LOSS OF DATA, OR
(e) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CREATOR PROGRAM, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE CREATOR PROGRAM, EVEN IN THE EVENT OF OUR FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE CREATOR PROGRAM WILL NOT EXCEED ONE HUNDRED EUROS (100 EUROS). THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice such rights that you may have as a participant in the Creator Program.
If someone sues us based on your breach of this Agreement or your participation in the Creator Program, you agree to defend us or pay for our defense in that lawsuit.
You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defence costs of, and hold us and our employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your participation in the Creator Program; or (b) any claim that, if true, would constitute a breach by you of this Agreement or applicable law. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement, based on any matter covered by this Section 13.
14. General Terms
This Agreement is our whole agreement (no outside promises). The official version is English. If parts of this Agreement don’t apply, the rest remains as much as possible. If we don’t enforce part of this Agreement, it doesn’t mean we won’t in the future or we won’t enforce our other rights.
(a) Language. The original language of this Agreement is in English; any translations are provided for reference purposes only. To the maximum extent permitted by applicable law, you waive any right you may have under the law of your country to have this Agreement written or construed in any other language.
(b) Summaries are Not Binding. We have added some text in italics throughout this Agreement to make it easier to read, however this text is provided for guidance only, and does not form part of this Agreement.
(c) Severability. This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.
(d) No Waiver. Your and our actions or inactions will not create any other rights under this Agreement except as what is explicitly written within this Agreement. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
(e) Third Party Rights. A person who is not a party to this Agreement will have no right under to enforce any of its terms.