FLAGSHIP STUDIOS, INC. FAN ART POLICY
Updated Version: March 9, 2007
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.mythos.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 DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER 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 California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any legal proceeding arising out of or relating to this Fan Art Policy and Terms of Use against or relating to us or any Indemnified Party under this Fan Art Policy and Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in San Francisco County, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Fan Art Policy and Terms of Use and any agreements included or referred to in this Fan Art Policy and Terms of Use constitute the final, complete and exclusive agreement with respect to the Flagship IP and Fan Art and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
Updated Version: March 9, 2007
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.mythos.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:
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 DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER 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 California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any legal proceeding arising out of or relating to this Fan Art Policy and Terms of Use against or relating to us or any Indemnified Party under this Fan Art Policy and Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in San Francisco County, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Fan Art Policy and Terms of Use and any agreements included or referred to in this Fan Art Policy and Terms of Use constitute the final, complete and exclusive agreement with respect to the Flagship IP and Fan Art and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
Flash is onCopyright Flagship Studios, Inc. 2007. All rights reserved.
Mythos, Flagship Studios, the Mythos logo and Flagship Studios logos are the trademarks and/or registered trademarks of Flagship Studios, Inc.
Ping0 and the Ping0 logo are trademarks and/or registered trademarks of Ping0 Interactive Limited throughout the world.
