Flagship Studios, Inc. Fan Art Policy
and Terms of Use
Everyone at Flagship Studios, Inc. (referred to here as “Flagship,”
“we,” “us,” or “our”) is extremely honored by all the interest shown by our fans
over our games and our company. We truly enjoy seeing all of the great artwork,
stories and other creative endeavors that our fans create based on our work. At
the same time, we need to protect our games, characters, trademarks, copyrights,
and other intellectual property (called the “Flagship IP” in this document). We
have therefore created this Fan Art Policy and Terms of Use regarding the do’s
and don’ts for your artwork, drawings, photographs, sketches and other
intellectual property based on the Flagship IP (called “Fan Art” in this
document). Please note, however, that
this Fan Art Policy and Terms of Use does not constitute, and should not in any
manner be construed or deemed to constitute, a license grant or other right in
or to the Flagship IP, all right, title and interest of which will at all times
remain with Flagship.
Please read this Fan Art Policy and
Terms of Use carefully so that you are aware of your legal rights and
obligations with respect to the Flagship IP and Fan Art. By using our websites, including
www.flagship.com and www.hellgatelondon.com (our “Websites”), or submitting Fan
Art to us, you signify your irrevocable acceptance of this Fan Art Policy and
Terms of Use.
1.
License
Grant. By submitting your Fan Art or
copies of your Fan Art to Flagship, you hereby grant us a non-exclusive,
worldwide, royalty free, perpetual, transferable, assignable, sublicensable
license to publicly display, publish, copy, reproduce, edit, modify, distort,
use, utilize and otherwise exploit the Fan Art in whole or in part in any manner
now known or developed in the future, including, but not limited to,
exploitation for commercial, business and trade purposes and for marketing,
promoting and advertising Flagship and the Flagship IP. You further waive any and all so called
“moral rights” or “droit moral” or similar rights that you may have in the Fan
Art.
2.
Consideration. The sole consideration for you granting
the license to us in paragraph 1 above is the public display by us, if any, on
one of the Websites of the Fan Art crediting you as the creator of the Fan Art
(as set forth in this paragraph.
Notwithstanding the foregoing, nothing in this Fan Art Policy and Terms
of Use obligates us to display your Fan Art, and to the extent we do determine
to display your Fan Art, we will determine how and when to display it, if at
all, in our sole and absolute discretion.
Additionally, we will have no liability for misspelling, or failing to
provide you with, your credit on our Websites with the display of your Fan Art,
and we will have no obligation to provide you credit with any other use of your
Fan Art by or on behalf of us.
3.
Your
Representations, Warranties and Promises.
You hereby represent, warrant and promise
that:
· the Fan Art is your original
creation;
· the Fan Art does not and will not violate
the rights of any third party, including, but not limited to intellectual
property rights, the rights of privacy and publicity, and any other proprietary
rights;
· you are at least 18 years of
age;
· if the person submitting Fan Art is under 18
years of age, you are the parent or legal guardian of that
person;
· the Fan Art does not and will not violate
any federal, local, state or foreign laws or governmental regulations;
· the Fan Art is not and will not be
defamatory, libelous, harassing, pornographic, obscene, abusive, racist,
offensive, harmful or otherwise objectionable to
us;
· you are not using and will not use the Fan
Art for any commercial purpose whatsoever;
· you are not impersonating any person or
entity, or otherwise falsely stating or misrepresenting your affiliation with a
person or entity, including with us;
· you will not make any Fan Art that is a
videogame, interactive computer game or other interactive entertainment; and
· your Fan Art and/or your use of your Fan Art
does not and will not mislead, deceive or cause consumers to confuse your Fan
Art with the Flagship IP or otherwise disparage us or the Flagship
IP.
4.
No Game
Submissions. Flagship has adopted
the unalterable policy of refusing to accept or review any unsolicited
submissions or ideas of any kind including any concepts, designs or ideas
regarding (i) videogames, computer games, interactive entertainment, films,
television programming, card games, and any other forms of entertainment of any
kind, or (ii) any software, hardware or any other types of technology (singly
and collectively referred to as “Idea Submissions”). In addition to your representations,
warranties and promises in paragraph 3 above, you hereby represent, warrant and
promise that the Fan Art does not consist of Idea
Submissions.
5.
Disclaimer.
FLAGSHIP EXPRESSLY DISCLAIMS ALL
warranties, claims or representations of any kind OR NATURE WITH RESPECT TO THE
FLAGSHIP IP OR OTHERWISE, either express, implied or statutory, including ANY
warranties of quality, performance, non-infringement, merchantability, or
fitness for a particular pURpose, nor SHOULD THERE BE DEEMED any warranties
created by course of dealing, course of performance or trade usage.
Some jurisdictions do
not allow the disclaimer of implied warranties, so the foregoing disclaimer may
not apply to you.
6.
Limitation of
Liability.
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT IN NO EVENT SHALL FLAGSHIP BE LIABLE WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED),
PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR
CREATION, DISPLAY, OR USE OF ANY FAN ART OR YOUR USE OF THE FLAGSHIP IP, IF ANY,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the
limitation of liability, so the foregoing limitation may not apply to you.
7.
Indemnity.
You agree to indemnify, defend and hold us and our subsidiaries,
affiliates, officers, parent companies, agents, co-branders or other partners,
and employees (collectively, the “Indemnified Parties”) harmless, at your
expense, against any and all claims, actions, proceedings, and suits and all
related liabilities, damages, settlements, penalties, fines, costs and expenses
(including, without limitation, reasonable attorneys’ fees and other dispute
resolution expenses) incurred by any Indemnified Party arising out of or
relating to your violation or breach of any term of this Fan Art Policy and
Terms of Use or any breach of any of your representations, warranties or
promises set forth in this Fan Art Policy and Terms of
Use.
8. Severability.
If any provision of this Fan Art Policy and Terms of Use shall
be deemed unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and conditions and shall not affect
the validity and enforceability of any remaining provisions.
9.
Miscellaneous. We reserve all rights not expressly granted
herein. We may modify this Fan Art Policy and Terms of Use at any time by
posting the revised Fan Art Policy and Terms of Use on one or more Websites.
Nothing in this Fan Art Policy and Terms of Use shall constitute a partnership
or joint venture between you and us. This Fan Art Policy and Terms of Use shall
be governed by and construed in accordance with the laws of the State of
