Terms of Service

Supplemental Terms – Youtooz Community Platform Submissions

Thank you for visiting the Youtooz Community Platform! These Supplemental Terms govern your relationship and interaction with the Youtooz Community Platform, located at https://community.youtooz.com/ (the “Platform”), including any submission of artwork, designs, illustrations, or other creative works (each, a “Submission”). Please read these Supplemental Terms carefully before making any Submission. By making a Submission, you (“Creator” or “you”) agree to comply with and be bound by these Supplemental Terms. These Supplemental Terms constitute a binding agreement between you and Youtooz, Inc. (“Youtooz,” “we,” “us” or “our”) and should be read in conjunction with the Platform’s Terms of Use. In the event of any conflict between these Supplemental Terms and such Terms of Use, these Supplemental Terms shall prevail to the extent of such conflict.

1. Submissions

We invite you to submit original artwork, designs, illustrations, and other creative works as potential Youtooz products (“Products”). By making a Submission, you grant us the right (though we are not obligated), in our discretion, to review and select any Submission to develop and/or commercialize a Product. If we select your Submission, we may ask you to provide reasonable revisions or supplementary materials to help bring the Product to life.

Submissions must comply with the below:

• All Submissions must be made on your own behalf and not on behalf of any third party, including any employer or anyone else who has retained your services.
• Your Submissions must be your own original creative expression and must be independently created by you. You may not copy all or any portion of anyone else’s artwork, design, mark, brand, motif, style, commercial impression or other creative work. A Submission may, however, depict or be inspired by third-party characters, brands, or other intellectual property, so long as the Submission is independently created by you. This means you may create original fan art based on a character or brand, but you may not copy the artwork of another artist.
• No Submission shall be libelous or defamatory. Be nice to people!
• No Submissions shall be created, developed, or assisted using any artificial intelligence tool, product, service or platform.

2. Assignment

To the extent you have any intellectual property rights in or to your Submission, including copyright, patent, trademark, design or other intellectual property rights, you hereby irrevocably assign, grant, and convey to Youtooz all right, title, and interest worldwide in and to each Submission, including all such intellectual property rights contained therein, together with all rights in any Products derived therefrom. This means that Youtooz and its assignees, licensors, licensees, manufacturers and other designees can use your Submissions in any way, for any purpose, for as long as those rights exist under applicable law. You agree to execute, at Youtooz’s request and expense, all documents and other instruments necessary or desirable to confirm such assignment. You shall not attempt to register any aspect of any Submission at the U.S. Copyright Office, the U.S. Patent & Trademark Office, or any foreign copyright, patent, or trademark registry.

If you have any rights in a Submission, such as “artist’s rights” or “moral rights,” that cannot be assigned, you agree not to enforce those rights against Youtooz or any of its assignees, licensors, licensees, manufacturers and other designees. If those rights cannot be assigned or waived under applicable law, you instead grant Youtooz and/or to any such assignee, licensor, licensee, manufacturer and/or other designee an exclusive (exclusive even unto you), worldwide, royalty-free, irrevocable, perpetual license to use, reproduce, distribute, create derivative works of, publicly perform, and publicly display such Submission in any format now known or later developed, including the right to sublicense to others.

Although you assign the above rights in your Submissions to us, you may wish to showcase and promote your Submission. To that end, Youtooz hereby grants you a limited, revocable, non-exclusive, non-transferable license to use your Submission for any of the following personal, non-commercial purposes (as well as similar purposes that we approve in writing):

• Sharing images or descriptions of a Submission on your personal website, blog, or social media accounts;
• Displaying or exhibiting physical or digital representations of a Submission at public events, such as fan conventions, art shows, or community meetups;
• Entering artwork or designs from a Submission into other creative contests or open calls, provided such use does not conflict with any rights assigned to Youtooz hereunder;
• Incorporating images or descriptions of a Submission in your personal creative portfolio, whether physical or digital, for the purpose of showcasing your artistic skill and talent, or to promote your work on the Platform.

The license granted to you is strictly for non-commercial use, meaning that you may not sell any items, either physical or digital, embodying or related to Submissions.

3. Compensation

In our discretion, we may or may not commercialize your Submission. If we develop a Product primarily embodying your Submission, Youtooz shall pay you the following compensation:

• a one-time flat fee of five hundred U.S. dollars (US$500), payable within thirty (30) days following the commercial release of the applicable Product; and
• a royalty equal to two percent (2%) of net revenues received by Youtooz from direct-to-consumer sales of such Product through the Youtooz.com website during the first thirty (30) days following the initial commercial release of such Product, payable within sixty (60) days following the end of such thirty (30) day period.
• No royalty or other compensation shall be due with respect to any other sales of any Product, including without limitation wholesale, distributor, retail partner, or any other sales.

The above constitutes the entirety of the compensation due to you in connection with any Submission that Youtooz develops into a Product that it then sells.

No obligation to pay any royalty amount payable under this Section 3 (a “Royalty Amount”) shall arise unless and until you:

• accept Youtooz’s offer to pay a Royalty Amount in writing via the Platform, and
• provide complete and valid payment and tax information as Youtooz may reasonably require (together, “Acceptance”).

Until Acceptance occurs, no Royalty Amount is earned, due, owed, or payable, and you have no right, title, or interest in any Royalty Amount. Youtooz’s offer to pay a Royalty Amount shall remain open for 90 days from the date of notice to you (the “Offer Period”). If Acceptance does not occur within the Offer Period despite Youtooz’s good-faith efforts to notify you using the contact information provided at submission, the offer shall lapse automatically and without further notice and Youtooz shall have no further obligation to you with respect to that Royalty Amount.

Youtooz is not responsible for and will not pay any taxes imposed by your home tax authorities, such taxes and reporting are solely your responsibility. All payments made under these Supplemental Terms shall be free and clear of any and all taxes, duties, levies, fees, or other charges. Youtooz shall be entitled to deduct and withhold from any payment any amounts required to be deducted or withheld under applicable law.