Liam
patreon
Commercial Use License
🕑 Added 2020-09-14 23:04:56 +0000 UTCDEFINITIONS
https://patreon.com/EightfoldPaper
Herein referred to as “SERVICE”.
EIGHTFOLD PAPER
Herein referred to as “THE ARTIST” is the copyright-owner and sole creator of all content on SERVICE.
MASTER CHRONICLER
Herein referred to as “CLIENT” is an active patron of SERVICE in the ‘Master Chronicler’ tier.
Through this License THE ARTIST is granting CLIENT (restricted) commercial use permissions for all content from and by THE ARTIST on SERVICE. The details of those permissions can be found below.
SCOPE OF THIS LICENSE
This License applies to any content, image, graphics, digital assets, or digital images created or taken by THE ARTIST and posted on SERVICE (herein collectively referred to as “IMAGES”). This License governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this License unless otherwise agreed to in writing.
RIGHTS
All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of THE ARTIST. This License provides the CLIENT with the limited right to reproduce, publicly display, and distribute the Images. THE ARTIST grants to CLIENT the right to reproduce the image on/for the CLIENT’s website, social media, streaming channels, video edits, and all other of CLIENT’s promotional or entertainment service materials. Further, THE ARTIST permits CLIENT the right to manufacture, print, distribute, and sell the merchandise, given that considerable artistic value has been added. THE ARTIST needs to be clearly identified as the creator of its content throughout any commercial use. Any content used by the CLIENT must not be harmful to the brand of THE ARTIST and may not be used if not used in a professional and diligent manner.
CLIENT is free to make minor adjustments (i.e edits, cropping, resizing) to content without prior approval. However, edits that extend beyond minor adjustments require written approval from THE ARTIST before being used. An email confirmation from THE ARTIST is also considered as a written approval.
CLIENT is not allowed to target, sell, distribute, or re-distribute on THE ARTIST's active marketplaces in order to not compete with its own work. As of now, those marketplaces include (but are not limited to): Patreon, Roll20, Foundry VTT, Forge VTT. If unsure about the marketplaces or for a specific request, CLIENT is required to obtain written approval from THE ARTIST.
Images used for any purpose outside of those terms must be with the express permission of THE ARTIST and may include the payment of additional fees, unless otherwise agreed to in writing. Images may contain copyright management information (CMI) at the discretion of THE ARTIST in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by THE ARTIST and CLIENT. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and CLIENT will be responsible to THE ARTIST for any penalties and awards available under that statute.
This License may not be downloaded, edited, or distributed by Client.
RELATIONSHIP BETWEEN PARTIES
Neither THE ARTIST nor THE ARTIST’s employees or contract personnel are, or shall be deemed to be, employees of CLIENT. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this License. Neither party is authorized to act as agent or bind the other party except as expressly stated in this License. THE ARTIST and the Images or any other content prepared by THE ARTIST shall not be deemed a work for hire as defined under Copyright Law. All rights granted to CLIENT are bound and expressly defined in this License.
This License does not create an exclusive relationship between the parties. CLIENT is free to engage others to perform services of the same or similar nature to those provided by THE ARTIST, and THE ARTIST shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by THE ARTIST.
TERM
The permissions granted within this License are only valid as long as CLIENT remains an active patron of SERVICE in the ‘Master Chronicler’ tier. As long as there is commercial use by CLIENT, he is deemed to remain an active patron of SERVICE in the ‘Master Chronicler’ tier. Leaving the ‘Master Chronicler’ tier or inactivating SERVICE’s patron membership foregoes any permissions granted within this License.
TERMINATION OF LICENSE
If CLIENT breaches this License's terms, he foregoes any rights and permissions granted in this License. THE ARTIST retains the right to terminate CLIENT's License at any given time if he deems Images are misused, misrepresented, and/or harmful to THE ARTIST. If possible, THE ARTIST may send a prior notice to CLIENT.
If CLIENT is commercially using any Images from THE ARTIST without having this License active, after ten days of being inactive, all commercial use by CLIENT is prohibited and in breach of this License and must be removed.
INDEMNIFICATION
CLIENT will indemnify and defend THE ARTIST against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Images or materials furnished by CLIENT. It is the CLIENT’s responsibility to obtain the necessary model or property releases to ensure they are full effect and in force.
WAIVER
No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this License and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this License.
GENERAL LAW
This License is construed in accordance with the laws of the Netherlands, except for copyright law, which shall be interpreted in accordance with national and international copyright law.
