D. Personal and Fansite Use
Solely in connection with your fansite or your fansite pages dedicated to any of the RSI Services, we may (in our sole discretion) grant you, on a non-exclusive and non-sublicensable basis, permission to reproduce and redistribute on your fansite to end users, certain RSI Services-related images, graphics or artwork (the “
RSI Fansite Content”) and certain RSI trademarks and logos (the “
RSI Marks”) that RSI may expressly designate “for fansite use” on the Website (or in separate electronic or written communications to you) so long as you comply with the terms and conditions described herein. You acknowledge and agree that RSI shall have the right to amend, delete, add to, or otherwise modify any RSI Fansite Content used or accessed by you, without prior notice.
You agree to clearly indicate that your use of Fansite Content and/or RSI Marks does not constitute official RSI use by displaying wording such as “This is an unofficial Fansite.”
Except as set forth herein, as the operator of an independent, unaffiliated web site, you will have sole editorial control over your fansite, except that you represent and warrant to RSI that your fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of any of the RSI Services, RSI, or any of its affiliates, partners, or contractors, and their respective officers or employees. If at any time you post such material, RSI may terminate the license set forth in this Section. Your ownership of the fansite excludes the RSI Fansite Content, the RSI Marks and any derivative works based upon, or including the RSI Fansite Content and/or RSI Marks. The fansite is not a “Joint Work” as that term is defined in the United States Copyright Act, Title 17 United States Code (“U.S.C.”), and is not otherwise a joint, collective or collaborative work under any other applicable laws.
You agree to include RSI’s trademark, copyright or other proprietary rights notices, as provided on the Website, when displaying any RSI Content, RSI Fansite Content, or RSI Marks, and agree to comply with any usage guidelines that may be provided by RSI from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of RSI Fansite Content or RSI Marks, including in digital form; nor challenge RSI’s or its licensors’ ownership of the RSI Fansite Content or RSI Marks, nor use or adopt any trademarks that might be confusingly similar to such RSI Marks.
RSI reserves all rights, title and interest in and to the RSI Fansite Content and RSI Marks which are not expressly granted herein. You shall not rent, lease, reproduce, modify, translate or create derivative works of the RSI Fansite Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the RSI Content, without the express written permission of RSI. RSI does not consent to the protection of any unauthorized derivative work under any applicable law. The creation and sale of Merchandize based on the Game, the Website, any RSI Content, any RSI Fansite Content or any RSI Marks is expressly prohibited.
You may not use any of the RSI Fansite Content and/or RSI Marks on your fansite if you charge a subscription or access fee to access your fansite, or if you make arrangements to generate advertising or sponsor revenue (except in regards to game streaming as set forth below), unless you enter into a separate license agreement with us in respect of your use of such RSI Fansite Content and/or RSI Marks on your fansite.
Under no circumstances will RSI be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages, including lost profit or lost revenues, of any kind in connection with your use of any RSI Fansite Content and/or RSI Marks. RSI reserves the right in its sole discretion to expressly refuse to grant any particular operator of a fansite with the permissions set out in this Section, or to revoke any such permissions at any time.
E. Video Use (incl. Gameplay Streaming)
In addition to the provisions of Section D above, the following shall apply to the use of RSI Content in videos and gameplay streaming:
We encourage you to make videos using RSI Content, such as playthrough or instruction videos or SFM movies. You may publish these videos online only, e.g. via your website or YouTube or similar video sharing services.
Your use of RSI Content in videos or streaming must be non-commercial. You may not charge users to view or access your videos, e.g. a paywall or mandatory charge, ticket, or subscription. You also may not sell or license videos containing RSI Content to others for a payment or compensation of any kind, and must respect the intellectual property rights of all respective owners. Nonetheless, you may allow paid advertisement on your streaming channels in accordance with the terms of service or agreement you may have with the video or streaming providers.
F. Contributing UGC to RSI Services
RSI respects the intellectual property rights of others. You must have the legal right to upload UGC to the RSI Services. You may not upload or post any UGC on any of the RSI Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that UGC. RSI may, without prior notice to you, remove any UGC that in RSI’s reasonable opinion may infringe the intellectual property rights of a third party. If you infringe RSI’s or a third party’s intellectual property rights, RSI may terminate your Account after notifying you of your breach of these TOS. If your Account is terminated for your breach, you may lose access to the entitlements and assets associated with your Account.
G. License Grants by You in UGC
In exchange for RSI enabling you to contribute UGC or use RSI Fansite Content or RSI Marks (both as defined above in Section D above) when you contribute UGC to an RSI Service or use any UGC in connection with any RSI Fansite Content or RSI Marks (e.g. on a fansite), you hereby expressly grant to RSI a non-exclusive, perpetual, worldwide, complete, unconditional and irrevocable right to quote, re-post, use, copy, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion or any derivative work thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant RSI all licenses, consents and clearances to enable RSI to use such UGC for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such UGC.
If the RSI Service on which you contribute any UGC permits other users to access and use that contributed UGC as part of the RSI Service, then you hereby also grant all other users of the relevant RSI Service the non-exclusive, perpetual, worldwide, complete, unconditional and irrevocable right to quote, re-post, use, copy, reproduce, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed UGC on or through the relevant RSI Service without further notice, attribution or compensation to you.
H. Unsolicited Creative Submissions
RSI places a particular value on its interaction with its customers and fans, and the Star Citizen community. However, if you haven’t executed an RSI submission agreement in advance, neither RSI nor any of its employees or contractors may accept or consider any unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “
Unsolicited Ideas”). Please do not send your Unsolicited Ideas to RSI or its employees and/or contractors without first contacting
[email protected] to obtain a copy of the RSI submission agreement, which you will need to execute and return before submitting any Unsolicited Ideas.
p. If you do submit your Unsolicited Ideas to RSI or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant RSI, and its designees a worldwide, perpetual, unconditional, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you.
To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas as granted to RSI hereunder are valid, effective and enforceable. You also give up any claim that any use by RSI and/or its licensees of your Unsolicited Ideas violates any of your rights, including, but not limited to, moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
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A. RSI Content, User Generated Content
“
RSI Content” includes (1) software, software updates or patches, or other utilities and tools from RSI or its licensors (“
RSI Software”) and (2) other text and audio visual material, the design and appearance of the Game and the Website or other RSI Services. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user Accounts, and methods of operation.
“
UGC” is user generated content provided by you or other users of the RSI Services. RSI does not pre-screen any UGC and does not endorse or approve any UGC that you and other users may contribute to any of the RSI Services.
RSI reserves the right to remove UGC that is illegal, contrary to these TOS or objectionable to us for any reason. RSI does not assume any responsibility or liability for UGC.
You are solely responsible for your UGC and may be held liable for UGC that you post.
fight the power
