Agreement for Distribution of Interactive Fiction
1. This agreement is entered into by Poeko Inc. (Yarn) hereafter
referred to as “Yarn”, and
, hereafter referred to as “Writer”. The Effective Date of this
agreement is 12/11/2017.
2. The term of this agreement is the period beginning on the Effective Date of this Agreement and ending one
(1) business day after notice of termination by the Writer or Yarn. Yarn may terminate agreement by giving
written or e-mail notice to participating Writers. The Writer may terminate this agreement (or remove
selected works from agreement) by providing Yarn with written or e-mail notice. One (1) day after notice is
allowed to propagate changes.
This agreement allows Yarn to distribute digital copies of “interactive fiction” owned or cleared by the
Writer. Here, “interactive fiction” is defined as code, text, images, music, sound effects, and video
recordings (“components”) that collectively make up a single piece of work. Any piece of “interactive
fiction” and the underlying components provided under this agreement must be owned or controlled by the
Writer and/or have been cleared by the Writer. Such “interactive fiction” will be referred to as a “Story”
4. All right, title and interest in the Stories and related materials provided to Yarn shall remain the
property of the Writer.
SPECIFIC RIGHTS GRANTED TO YARN
5. The Writer grants Yarn the right to modify the original Stories for the purpose of making it accessible
on Yarn's platform. Any modified or derivative Stories created from the Writer's original will be considered
the property of the Writer. Modified or derivative Stories are considered under this agreement the same as
the original, unmodified Stories.
6. The Writer grants Yarn the NON-EXCLUSIVE right to distribute Stories given in Appendix B (Stories Offered
by the Writer). This distribution is limited to the following activities:
a. The transfer of Stories and related components onto one or more computers, servers and/or data storage
devices which are owned by Yarn or its officers or employees (henceforth known as an “Yarn-approved
b. The distribution of Stories to the general public through Yarn's digital properties for FREE. These
properties include but are not limited to Yarn's iOS application and Yarn's Android application.
Distribution is governed by Appendix A (Digital Distribution Agreement).
c. The use of Stories for various promotional activities such as App Store screenshots.
7. The Writer agrees to indemnify and hold harmless Yarn (and its respective directors, officers and
employees) from and against any and all losses, liabilities, damages, costs or expenses (including
reasonable attorneys' fees and costs) arising out of a claim by a third party by reason of: (i) a breach of
any warranty, representation, covenant or obligation of the Writer under this Agreement; or (ii) any claim
that any Story, story component or other materials provided or authorized by or on behalf of the Writer
violates or infringes the rights of another party. Except pursuant to an express indemnity obligation, in no
event shall either party be liable to the other party for indirect, incidental, consequential or special
damages, including loss of profits or punitive damages, even if advised of their possibility.
8. Yarn reserves the right, in its sole discretion, to change, modify, add or remove all or part of this
Agreement. Notice of any amendments and/or modifications shall be sent to the Writer by email prior to their
effective date. In the event that the Writer does not consent to any such amendments and/or modifications,
the Writer's sole recourse shall be to terminate this Agreement.
9. Either party shall have the right to terminate this Agreement prior to the expiration of the Term in the
event that the other party breaches any material representation, obligation or covenant contained herein,
unless such breach is cured prospectively, no later than thirty (30) days from the date of receipt of
written notice of such breach, or if not able to be so cured, then resolved to the other party's
satisfaction, not to be unreasonably withheld.
Appendix A: Digital Distribution Agreement
10. Yarn may distribute an unlimited number of Digital Media Licenses for any Stories included under this
agreement, subject to provisions below.
11. If a Story listed in Appendix B requires modification to function correctly on Yarn's platform, it is
the responsibility of Yarn to perform the required modifications.
12. Yarn may not distribute to the general public any modified or derivative version of the Stories listed
in Appendix B without the express written permission of the Writer.
13. Yarn may only distribute the Stories listed in Appendix B for FREE. Yarn may not sell or otherwise
profit monetarily from the Stories distributed as part of this agreement.
14. Digital Media Licenses, are to be transferred to the general public (“customer”) through a secure
internet connection between a Yarn-approved computer and the customer’s media device (this may be a
computer, smart-phone, iPod or other device). The license transferred is a single user license only, and
does not authorize the licensee to any further distribution of the Digital Media License.
Appendix B: Stories offered by the Writer
Story Name: The story listed previously Format: The story format listed previously