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SCRIPT DEVELOPER AGREEMENT

This Script Developer Agreement (this “Agreement”) is by and between Data Tech Media, spletne storitve d.o.o. (“Operator”) and the script developer indicated below or on the online form (“Developer”).

If Developer is executing and/or agreeing to this Agreement online, electronically, through Operator’s website, or through any other means not as a manual signature, Developer agrees and acknowledges that by affirmatively indicating Developer’s agreement to this Agreement, including, without limitation, by selecting the button or box asserting the affirmation, such act shall stand in place of Developer’s manual signature and that it shall be as equally binding on Developer as if Developer had signed this Agreement manually. Developer is hereby notified, and acknowledges, that Developer may retain a paper or other permanent copy of this Agreement for Developer’s own records. This Agreement may be subject further to any appendix that may be appended hereto, the provisions of which will be incorporated herein by this reference, and shall form an integral part of this Agreement.

1. Purpose. This Agreement is intended to describe the relationship between the parties hereto, where Operator operates websites, associated virtual reality applications, and any successor and further websites and applications the Operator operates (collectively, the “Website”) and Developer is a developer of scripts and related content based on videos and virtual reality content that allows users to interact with such content through haptic devices (each a “Script”).

2. Script Development. From time to time, upon the discretion of Developer based on availability provided by Operator, Developer may develop a Script or Scripts based on specific content made available by Operator.

3. Remuneration. Developer shall provide Scripts to Operator free of charge and shall not expect any payment or other remuneration for such Script submission.

4. Covenants, Representations and Warranties. Developer shall only submit to Operator Scripts which Developer has personally developed. Except as for a license from the owner of the content specified by Operator, Developer represents and warrants that Developer has all necessary licenses, permissions, rights, and consents to create and provide to Operator and for Operator to use each Script without limitation. Developer covenants, represents, and warrants that each Script is and will be developed pursuant to and compliant with all applicable laws. Developer represents and warrants that all information and documents being provided with and in accordance with this Agreement are true and correct. Developer shall promptly notify Operator of any changes to any information or documents provided to Operator or if any of the representations or warranties provided herein or herewith have changed or are false. Developer represents and warrants that Developer has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder granted free and clear of all liens, claims and encumbrances, and to perform Developer’s obligations hereunder. Developer shall promptly provide all reasonable information and documentation regarding Developer and Developer’s operations (including, without limitation, tax documents, corporate documents) requested by Operator in its discretion, including in order to confirm the representations, warranties and statements made by Developer in connection with this Agreement. Developer acknowledges that Operator may at its sole discretion refuse to publish or may remove or block access to any Scripts for any reason, or for no reason at all, with or without notice.

5. License. Developer hereby grants Operator a nonexclusive, royalty-free, irrevocable, perpetual, non-cancelable, sub-licensable right and license to use each Script that Developer provides Operator for the purpose of (a) making available such Scripts on the Website, including, without limitation, the right to publish, display, modify, sell and create derivative works as may be necessary or reasonably desirable to accomplish the same, and (b) for research, development, and training purposes.

6. Limitation on Use of Scripts by Developer. Developer hereby acknowledges and agrees that each Script may be deemed a derivative work of the content upon which it is based and that neither Developer nor Operator may own the copyrights or other proprietary rights in such base content. Developer shall be solely responsible in the event that Developer misuses the Scripts in any manner. Developer shall be responsible for obtaining all consents from any other third-parties, other than the owner of the base consent, to develop and provide to Operator the Scripts for the purposes set forth herein.

7. Absence of Conflicting Agreements. The Developer understands the Operator does not desire to acquire from Developer any trade secrets, know-how or confidential business information that Developer may have acquired from others. The Developer represents and warrants that Developer is not bound by any agreement or any other existing or previous business relationship which conflicts with or prevents the full performance of the Developer’s duties and obligations to the Operator hereunder.

8. Injunctive Relief and Remedies; Indemnification.

(a) Developer acknowledges that a breach of this agreement would cause the Operator substantial and irreparable harm of the sort that could not be remedied simply by paying the Operator some amount of money. The Developer therefore agrees that, in the event of a breach or threatened breach of this agreement, the Operator may seek injunctive relief to prevent or minimize such harm. The Developer agrees further that such relief is appropriate and proper, even if the Operator has not yet suffered actual damages as a result of the breach or threatened breach of this Agreement. The Developer further agrees that, if the Operator is required to use legal process or otherwise engage in litigation in order to enforce the terms of this Agreement, that it shall be entitled to recover its costs and reasonable attorney’s fees. This section, and the remedies outlined therein are in addition to, and not in substitution of, any other remedies which may be available to the Operator. The Developer specifically agrees that the courts of Slovenia shall have sole and exclusive jurisdiction over all actions seeking injunctive or equitable relief under this paragraph and the Developer waives any objection that he may have to such jurisdiction. Any injunctive relief ordered by the court shall be issued without the need for the posting of a bond.

(b) To the fullest extent of the law, Developer accepts full responsibility for, shall indemnify Operator and its affiliates and hold Operator and its affiliates harmless for any threatened, pending or completed action, suit, proceeding or alternative dispute resolution mechanism, or any hearing inquiry or investigation that they believe may lead to the institution of any such action, suit, proceeding or alternative resolution mechanism, whether civil, criminal, administrative, investigative or otherwise, or damages suffered (hereinafter, collectively, a “Claim”) by reason of, connected to, or arising in part or in whole out of (a) Developer’s breach of this Agreement or (b) any allegation that the Scripts, or use of the Scripts by the Operator or Developer, infringes the intellectual property rights (including, without limitation, patent, trademark, copyright and trade secret rights) of a third party. Developer shall indemnify Operator against any and all expenses, losses, claims, damages, and liabilities, joint or several, including, without limitation, attorney’s, investigation, legal, court and other out-of-pocket obligations, fees and costs, and costs of being a witness, incurred by reason of, in connection with or arising in part or in whole out of such Claims.

9. Governing Law; Jurisdiction; Reasonableness of Terms. This Agreement shall be governed by, and construed in accordance with, the laws of Slovenia without regards to its conflict of laws provisions. The parties agree to the exclusive jurisdiction of the courts in Slovenia in case of any dispute between the Parties. Developer recognizes and agrees that the enforcement of this Agreement is necessary to ensure the preservation, protection and continuity of the confidential business information, trade secrets and goodwill of Operator. Developer agrees that, due to the proprietary nature of Operator’s business, the restrictions set forth in this Agreement are reasonable as to applicability, duration and scope.

10. General Terms.

(a) Any waiver by the Operator of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach hereof.

(b) If one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to scope, activity or subject matter so as to be unenforceable at law, such provision(s) shall be construed and reformed by the appropriate judicial body by limiting and reducing it (or them), so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear.

(c) The obligations of the Developer under this Agreement shall survive the termination of the Developer’s relationship with the Operator regardless of the manner of such termination.

(d) The Operator shall have the right to assign this Agreement to its successors and assigns and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by the successors of the Operator. Developer may not assign this Agreement.

(e) This Agreement represents the entire agreement of the parties. This Agreement replaces any other agreement or contract between the Parties with regards to the subject matter hereof previously entered by the Parties (or between Developer and any affiliate of Operator with regards to the matters set forth herein).

(f) The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. As used in this Agreement, the term “including” is illustrative and not limitative. As used herein the masculine form shall refer to the feminine where necessary, and vice-versa.

(g) If this Agreement is executed in any other language, in the event of conflict between the English version and the foreign translation, the English version shall control.

(h) The Developer hereby acknowledges and agrees that Developer has had the opportunity to consult with an attorney of Developer’s choosing and has consulted with such attorney in connection with this Agreement or has chosen voluntarily to forgo Developer’s right to consult an attorney.

(i) Press release. Neither party will issue a press release about this relationship without the other party’s written approval and consent. Developer shall not directly or indirectly issue or permit the issuance of any further press release or any other publicity regarding, or make any public statements concerning the Operator, or any other matters regarding this Agreement without prior coordination with and approval by the Operator which may be granted or withheld in the Operators’ sole discretion.

11. Amendment and Modification. Operator reserves the right to amend and/or restate this Agreement at any time upon at least fourteen (14) days’ written notice to Developer. Such amendments shall be immediately effective upon the end of the notice period without any action by Developer. Notwithstanding the foregoing, within ten (10) days of receiving such notice, Developer may give notice to Operator that Developer is terminating this Agreement upon the end of the notice period, in which event this Agreement shall terminate at the end of the notice period and the amendment shall not go into effect with regards to Developer. Except as expressly set forth herein, this Agreement may not be amended or modified except with the prior written consent of Operator and Developer. Upon termination of this Agreement, only Sections 2 shall terminate, and the other provisions of this Agreement shall continue in full force and effect.

12. No Employment or Benefits. Developer acknowledges that Developer is not an employee of Operator, but an independent contractor (being self-employed). Developer acknowledges that Developer is not entitled to any benefits from Operator, including group insurance, liability insurance, disability insurance, paid vacation, sick leave or other leave, retirement plan, health plan, premium “overtime” pay, or any other benefit. Should Developer be deemed to be entitled to any benefits or employee rights from Operator by operation of law or otherwise, Developer expressly waives all such benefits. As an independent contractor, Developer will look exclusively to Developer to: (a) pay or withhold as required, any employment taxes or other taxes or payments (Developer will provide Operator with suitable evidence of payment upon request); (b) provide insurance coverage to the extent required by law; (c) pay the premium “overtime” rate for overtime hours if required. Operator shall not bear any responsibility to pay or withhold any of these taxes or other payments. In the event any individual or entity brings or threatens to bring a claim against Operator related to the status, acts or omissions of Developer, Developer agrees to cooperate with Operator. Developer’s cooperation shall include providing accurate factual information to support Developer’s representations of Developer’s status as being self-employed. Operator assumes no responsibility for paying any taxes, withholding, banking commissions or currency fees on Developer’s behalf and Developer agrees and acknowledges that Developer assumes complete and sole responsibility for any taxes, withholding, banking commissions or currency fees owed as a consequence of Developer’s activities. However, if Operator is required to deduct, withhold, or otherwise pay any taxes or make any withholding under any provision of applicable law, then Operator may deduct and withhold from Developer an amount equal to any such deduction, withholding or taxes and all such amounts shall be treated as if paid under this Agreement.

13. Independent Business Entity. Developer represents and warrants that Developer is an independent business entity (a corporation, limited liability company, or analogous) properly formed and in good standing in the jurisdiction in which it is formed and all jurisdictions in which Developer does business, and that Developer is not contracting hereunder as a natural person. Operator reserves the right to withhold all payments due hereunder until such time, and from time to time, until Operator receives from Developer requested and satisfactory written documentation confirming the foregoing representations and warranties, and Developer consents to the same. Developer represents and warrants that all information provided by or through Developer to Operator hereunder or in connection herewith is accurate and correct, including, without limitation, with regards to Developer’s status as an independent business entity. The person signing for Developer hereunder represents and warrants that they have authority to bind Developer hereunder.

14. Electronic Signature. If Developer is executing and/or agreeing to this Agreement online, electronically, through Operator’s website, or through any other means not as a manual signature, Developer agrees and acknowledges that by typing Developer’s and/or its signatory’s name into the appropriate place and selecting the button that indicates Developer’s agreement to this Agreement, or such other action that signifies consent to this Agreement, such acts shall stand in place of Developer’s manual signature and that is shall be equally as binding on Developer as if Developer had signed this Agreement manually. Developer is hereby notified, and acknowledges, that Developer may retain a paper copy of this agreement for Developer’s own records.