Last Revised 12 June, 2008

By agreeing to the Foldees.com Greeting Card Design Submission Legal Terms & Conditions, you hereby enter into a legally binding agreement with Energon Sdn Bhd (Company No. 786967-X) (hereinafter called “Energon”), the owners and operators of www.Foldees.com (hereinafter called “the Website”). In consideration of the Website evaluating your artwork design (hereinafter called "Design") for its possible use on Greeting Cards, Postcards and any print related items or materials (hereinafter called “the Items"), you hereby agree to be legally bound by the following terms and conditions (hereinafter called “the Terms and Conditions”).

Note that the profile picture uploaded by you may also be used on the Items, as applicable. Where your profile picture is used on the Items, it shall be considered as part of the Design and the following Terms and Conditions shall also apply to your profile picture.

1. If your Design is selected for use by Energon on the Website, you hereby agree to grant a non-exclusive licence (hereinafter called “the Licence”) to Energon and their elected affiliates, nominees, assignees, associates, sub-licensees and/or subsidiaries (hereinafter collectively called “the Associates”) to use, at their discretion, the Design on and in connection with the Items. You hereby agree to allow Energon to use your Design on the Items in any manner whatsoever and you waive all "moral" rights that you may have in and to the use of your Design.
2. You hereby agree that you own all the intellectual property rights to your Design and you have the full and unlimited authority to grant the Licence to Energon to use the Design in the manner prescribed by the Terms and Conditions
3. If your Design is selected, Energon and/or the Associates may use your Design in any manner whatsoever provided that your Design is used on or in connection with the Items, including but not limited to: reproducing the Design on the Items, selling Items bearing the Design, changing or reworking the Design by making color or size changes, making derivative works of the Design, using the Design on the Website and on promotional material for the Website, and registering the Design with the MYIPO in the name of Energon Sdn Bhd as the Claimant, and you as the Author. You agree to provide the Website with the minimal information as may be required in order to register the copyright in the Design if the Website so requests, at no cost.
4. You may use or continue to use the Design for any other purposes but you shall ensure that the continued use of the Design by Energon in the manner prescribed by the Terms and Conditions shall not infringe or interfere with any third parties’ intellectual property rights or any intellectual property rights belonging to Energon. In the event you decide to use the Design for any other purpose which may result in a conflict between your obligations to Energon under the Terms and Conditions and your obligations to other parties concerning the rights interest title to and the use of the Design, you shall inform Energon immediately. You hereby agree that in the event any action, claim and/or proceedings in relation to the use and continued use of the Design, is taken against Energon by any party, you shall indemnify Energon for any costs, damages and/or expenses for defending such an action claim and/or proceedings. In the event the Design is used by any other party either for a commercial or non-commercial purpose, you hereby agree that you shall not use the Website nor any other websites, webpages, blogs, forums and/or any other internet related form of communications or intermediary to promote products and services that may use the Design in a manner that competes with the Website in any manner whatsoever. You also agree not to promote any products or services on the Website that may not contain your Design but may compete with products and services offered by the Website.
5. Energon shall at all times have the absolute discretion to select, remove, replace, accept and/or reject any Design to be used by the Website including but not limited to designs that Energon consider in its subjective opinion to be commercially unviable, offensive and/or profane. The Website may choose to inform you the reasons behind the rejection and/or removal of your Design in the “Decline Reasons” page and assist you in overcoming the decline reasons but is under no obligation to do so.
6. If your Design is selected for use by Energon on the Website, you will receive royalties to the amount of USD0.10 for any item purchased from the Website using your Design. Foldees.com reserves the right to change these royalty terms at any time, by posting them on the Website, and changes will be effective upon posting. Royalties will be credited to your account based on the terms in effect as and when your Design is purchased. Payment will be sent to you within thirty (30) days from the date that you notify us that you wish to withdraw from your royalties account, less any financial or transaction costs incurred including but not limited to bank charges, wire transfer fees, postage charges etc. For international payments, please note that withholding taxes may apply on royalty payments made from Malaysia to your country of residence. Such withholding taxes are due for income deemed earned in Malaysia by virtue of royalties earned on the Website and may range between 5-10% of total gross royalties payable, depending on your country of residence. Notwithstanding Energon’s obligations to withhold such taxes from royalty payments due to you, please note that you alone will be responsible for the settlement of any tax matters that may arise in your country of residence as a result of receiving payment from the Website.
7. All decisions made by Energon in relation to the acceptance or rejection of your Design for its use on the Website shall be at the sole discretion of Energon and shall be final and binding on you.
   
   

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