This Content Agreement (this “Agreement”) is a binding agreement between you, the individual identified by your submission on this website or the legal entity you represent, and Lone Shark Games, Inc., the company behind the websites for Lone Shark Games, Eyrewood Adventures and more.
This Agreement covers your participation in and use of the Eyrewood Adventures and the website, www.eyrewoodadventures.com (the “Program”).
You accept this Agreement by clicking “I Agree” to set up and submit a new title (the “Work”) to Eyrewood Adventures.
- Intellectual Property Definitions
(a) Penny Arcade, Inc. and Lone Shark Games, Inc. (collectively, the “Owner”) has sublicensed certain limited rights to use elements of Owners Eyrewood Adventures (“Owner’s IP”) to you for the purpose of submitting to this site, www.eyrewoodadventures.com.
Owner’s IP includes any and all Thornnwatch, Daughters of the Eyrewood, Lookouts and Eyrewood Adventures materials and content made available to you through the Program including, but not limited to:
- Thornwatch rule sets
- Portions and elements of the Eyrewood Adventures setting
Owner’s IP may be amended at any time and for any reason whatsoever without liability to you. However, any Work published in the Program prior to the removal of Owner’s IP will not require the removal or amendment of that Work.
(b) “Program IP” shall be defined as any User Generated Content (defined, below) distributed by the Program.
(c) “User Generated Content” shall be defined as the copyrightable elements included in your Work, such as original characters, scenes, locations and events. Per the terms of this Agreement, you expressly agree that your User Generated Content, once submitted to the Program will become Program IP and useable by the Owner as described in this Agreement.
- Account Information; Content Removal.
(a) Once you submit content, you may at any time request for us to remove any or all of your content and any personal information we have for you. You can do so by following this link and filling out the form.
(b) Participation/Content Suspension. We may suspend your participation in Eyrewood Advenures and/or remove your content at any time. You acknowledge that if we do so, you may be prevented from accessing communications and content on the Eyrewood Adventures site.
- Rights Granted to You.
(a) Subject to your compliance with the terms of this Agreement, Lone Shark Games, Inc. grants you the limited, nonexclusive, nontransferable, personal, worldwide and revocable right to use and otherwise incorporate Owner’s IP into your Work(s) for distribution through the Program.
(b) Except for short promotional excerpts used to promote your Work, you may not display, recreate, publish, distribute or sell your Work (or derivatives thereof) outside of the Program administered on Lone Shark Games, Inc websites or through other platforms or channels authorized or offered by Owner.
- Rights You Grant to Lone Shark Games, Inc.
(a) Exclusive License to your Work. Effective as of the date you setup your Work through the Program on the Eyrewood Adventures website, you grant us the exclusive, irrevocable license for the full term of copyright protection available (including renewals), to develop, license, reproduce, print, publish, distribute, translate, display, publicly perform and transmit your Work, in whole and in part, in each country in the world, in all languages and formats, and by all means now known or later developed, and the right to prepare derivative works of your Work.
(b)Exclusive License to all User Generated Content in your Work. Effective as of the date we first make your Work available through the Program, you grant us the exclusive, irrevocable license for the full term of copyright protection available (including renewals), to all User Generated Content included in your Work. You agree that the User Generated Content is available for unrestricted use by us without any additional compensation, notification or attribution, including that we may allow the Owner to use the User Generated Content.
- Waiver of Claims; Waiver of Moral Rights.
In order to prevent legal claims that could be disruptive to the Program participants or impede the ability of you and other Program authors to participate in the Program, you irrevocably waive any legal claim you may have under any theory of law in any territory that your rights were infringed due to any use of your User Generated Content by us, the Owner or its affiliates, licensees and sublicensees, including copyright infringement. You also irrevocably waive any moral rights in your Work and agree not to assert any moral rights in your Work against us and the Owner. If, under any applicable law, this waiver of moral rights is not effective, you acknowledge that your Work is subject to the licenses you grant in Section 4 without any credit obligation, that you intend for your Work to be used in this way, and that this form of use will not be contrary to your moral rights.
- Representations, Warranties and Indemnity.
You represent and warrant that:
(a) You are old enough to form a legally binding contract.
(b) If you are accepting this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind that company or legal entity.
(c) Your Work does not contain material that is libelous; that violates the copyrights or trademarks of another party; that violates the law; that the general public would classify as pornography, racist or otherwise bigoted, or contain targeted harassment toward any real world person or group or anything that may appear to be a fictional stand-in for a real world person or group.
(d) You will indemnify and hold Lone Shark Games, Inc and Owner harmless from any liability or cause of action arising from any breach of your representations and warranties including all reasonable attorneys’ fees and costs.
- No Obligation to Make Available or Sell. You acknowledge that we have no obligation to market, distribute, or offer for sale your Work, or to continuing marketing, distributing or selling your Work after we have started doing so. We may remove your Work from the Program and cease further exploitation at any time in our sole discretion without notice to you.
- General Provisions.
(a) This Agreement constitutes the entire agreement between the parties with respect to its subject matter. If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. The failure of either party to enforce any provision of this Agreement does not waive the party’s rights to subsequently enforce the provision.
(b) The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee/employer relationship.
(c) This Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
(d) You agree that all matters relating to your access to or use of the Program, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You expressly acknowledge and agree that no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Program, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.