Fan Content License Agreement
Between Flaregames GmbH Erbprinzenstraße 27, 76133 Karlsruhe, Germany (“Flaregames” / “We”/ “Us”) and an individual person (“You” / “Fan”).
There are no better things than seeing our communities being inspired and dedicating time to create original fan content. We love to encourage and to support our fans to be creative and to share their knowledge in unique ways with other players. However, all of this only possible if certain rules are observed. We want to do our very best to avoid our fan base to get in legal trouble or to get confused by non-official information posted on places other than our official game channels.
We have decided to grant you permission to use some parts from our games and to organize live events if you stick to the conditions in this Fan Content License Agreement (“Agreement”).
- Subject Matter: Licensed Content
The subject matter of this Agreement is the use of game assets which we specifically make accessible for download through our official brand website under the label “Fan Kit” (“Content”).
We grant you a free of charge, non-exclusive, non-transferable license to use the Content without modification or modify the Content in order to create new content (“Fan Content”) without territorial and temporal restrictions as long as the conditions set out in this Agreement are met (“License”).
- Limitation of License to non-commercial use
The scope of the License is restricted to the use of the Content for non-commercial activities such as online guides, fan pages, gameplay videos, fan gathering and events The use of the content for commercial activities is prohibited. Thus, you are not allowed to charge a fee of any kind to grant the access to the Content or the Fan Content. However, you may generally monetize the Fan Content by using advertisements. If you use advertisements, you must, of course, comply with all applicable laws, rules, regulations.
- Prohibited context of use of Content and Fan Content
As we encourage our fans to produce their own content, we will have no tolerance with activities featuring inappropriate content or promoting activities that are against our business value.It is prohibited to:
- use the Content or Fan Content in a way which is sexually or morally offensive, or in a way it features or promotes violence, discrimination, illegal activities, alcohol, tobacco, drugs, pornography, gambling, other game companies and their products.
- use the Content or Fan Content in a way which in Flaregames’ reasonable opinion entails damaging Flaregames, its reputation, its products, services, employees or agents.
- make dishonest or misleading statements about Flaregames, its products, services, employees or agents.
- include the Content or Fan Content in or use it in connection with any tools for hacking, cheating and emulating games, offering in-game currencies for real money or trading/buying/selling accounts.
- create the impression that Flaregames is a sponsor or creator of or otherwise endorses your Fan Content.
- manufacture or distribute (for free or against payment) physical items such as cups, caps, T-shirts bearing the Content or Fan Content.
- to write, produce or create any novels, theatrical productions or other adaptations using Content or Fan Content.
- Domain names
You are not allowed to register or to use domain names, social media accounts or any related addresses for your Fan Content which include Flaregames’ trademarks or names similar to Flaregames’ trademarks or abbreviations of such trademarks. Flaregames’ trademarks include, but are not restricted to the following brands: Dawn of Steel, Evoker, Royal Revolt 2, Olympus Rising, Nonstop Knight, Nonstop Chuck Norris, Zombie Gunship Survival. Abbreviations include DoS, E, RR2, OR, NK, NCN, ZGS. We might grant you permission to use flaregames’ trademarks in a separate written trademark license agreement. In order to obtain such an agreement, please write an email to us outlining your intended project and what trademark you would like to use and how you would like to use it and we will get back to you with our decision.
- Disclaimer regarding Fan Content
The use of the Content and Fan Content according to this agreement is only legal if you put the following disclaimer in direct connection with the Fan Content in ways that can be easily read when accessing your Fan Content:
“This content is not associated, endorsed, sponsored or under the responsibility of Flaregames GmbH.
You grant us a free of charge non-exclusive, worldwide transferable license in perpetuity to reproduce, disseminate, broadcast, make publicly available your Fan Content in any media. This includes the right to promote the Fan Content, example.g. by sharing or reposting it on our official channels or in marketing assets or include them in the games. We are entitled, but not obliged to use your name or nickname as means of attribution.
- Dissemination of Fan Content through third party services
It is your responsibility to ensure that you observe this Agreement and our Terms & Services as well as the rules set by the services you are using to host, publish and promote your Fan Content. For example, major video hosting services have specific conditions that must be respected if and it is your responsibility to do your very best to avoid any copyright strikes and/or other violation types.
- Offline activities and fan gatherings
Fan gatherings and meetups including celebrations or tournaments (“Gatherings”) are considered Fan Content. Hence, you must observe this Agreement when organizing and hosting a Gathering. Furthermore, we strongly encourage you to consult with local authorities and officials to make sure you comply with the local laws and regulations before hosting a fan gathering. We do not take responsibility for fan gatherings and it is yours to clearly inform any attendees that you are the sole responsible for everything related to the fan gathering and your compliance with this Agreement. Invitations and any other form of communication in connection with the Gathering must include the following wording:
“This event is not associated, endorsed, sponsored or under the responsibility of Flaregames GmbH.”
- Revocation of rights and termination of Agreement
In case of a breach of this Agreement, Flaregames is entitled to immediately and without further notice revoke the rights granted under this Agreement. This entails your obligation to immediately delete all Fan Content from all media and to ask the provider for such deletion where you do not have a direct deletion possibility.In case of a breach of this Agreement, Flaregames is entitled to immediately and without further notice terminate this Agreement. This entails your obligation to immediately delete all Fan Content from all media and to ask the provider for such deletion where you do not have a direct deletion possibility. Flaregames is entitled to terminated this Agreement without cause by giving a two weeks’ notice. With effect of termination, you have the obligation to immediately delete all Fan Content from all media and to ask the provider for such deletion where you do not have a direct deletion possibility.