North AmericaTerms and Conditions of Fan Art Submissions to Blizzard Entertainment
The Blizzard Fan Art Program.
This License Agreement (hereafter, the “Agreement”) shall set forth the terms and conditions for the submission of artwork based on Blizzard Property (as defined below) in association with Blizzard’s “Fan Art Program.” In order to participate in the Fan Art Program, you must first acknowledge your agreement to the terms and conditions of this Agreement by clicking the “I Accept,” button below. Note that you may not accept the Agreement if you are not of legal age to form a binding contract with Blizzard.
All title, ownership and intellectual property rights in and to the interactive games produced by Blizzard Entertainment, Inc., a Delaware corporation, (“Blizzard”), including, but not limited to the interactive products developed as part of Blizzard’s Warcraft, StarCraft, and Diablo interactive product lines. This may include any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation, all of which are owned or licensed by Blizzard, and are protected by the copyright laws of the United States, international treaties and conventions, and other applicable laws (“Blizzard Property”).
For the purposes of this Agreement, and in consideration of your agreement to abide by the terms and conditions contained herein, Blizzard hereby grants you a limited, non-exclusive, world-wide, royalty free, perpetual license to use the Blizzard Property to create drawings, illustrations, and/or graphic representations based on the Blizzard Property for submission to the Fan Art Program. In consideration of Blizzard providing you the opportunity to participate in the Fan Art Program, you hereby grant to Blizzard a non-exclusive, worldwide, royalty free, perpetual license to exploit, commercially or otherwise, the drawing/illustration based upon Blizzard Property that you submit to Blizzard’s ‘Fan Art’ program (“Licensed Materials”) for its business purposes in all media, in whole or in part, distorted in character or form, including but not limited to, the right to use the Licensed Materials on its websites, as well as for its internal, trade, and advertising purposes.
Representations and Warranties.
With respect to the Licensed Materials, you hereby warrant that: (a) You are 18 years of age or older; (b) you have the right to provide Blizzard the foregoing license to utilize the Licensed Materials without liability or compensation to others; and (c) the use, reproduction, distribution, or transmission of the Licensed Material will not, and the Agreement does not violate any foreign or domestic, federal, state or local law or regulation, or any rights of any third party, including, but not limited to, any copyright, patent, trademark, trade secret, music, image, or other proprietary, property, or contractual right, or constitute false advertising, unfair competition, defamation, invasion of privacy or rights to celebrity, or any other right of any person or entity.
You agree to defend, indemnify and hold Blizzard harmless from any claims, litigations, actions, damages or fees of any kind (including reasonable attorney’s fees) arising from: (i) a breach of Your representations and warranties hereunder, and (ii) Blizzard’ or Your use or disclosure of subject matter which You know or reasonably should know others have rights in, except, however, for subject matter and the identity of others having rights therein that You disclose to Blizzard in writing before Blizzard uses the subject matter.
The sole consideration for the license granted under this Agreement by you to Blizzard shall be the display of the Licensed Materials on the Website with a credit line that provides credit to you as the author/creator of the Licensed Materials. Blizzard shall have the right to determine, in its sole discretion, how and when to display the Licensed Materials, if at all. As such, if Blizzard chooses to display the Licensed Materials, Blizzard shall solely determine the length of time that the Licensed Materials would be displayed, and how. It is agreed by the parties hereto that display of the Licensed Materials as stated above is full and complete consideration for the grant of license contained herein. In the event that Blizzard should fail to place the credit, line on the Website in association with the Licensed Materials, Blizzard will take reasonable steps to correct such error, but in no event will such failure be deemed a material breach hereunder.
Changes to this Agreement.
From time to time, Blizzard may replace this Agreement with new versions (each a “New License”), and in such an event, this Agreement will terminate immediately upon the introduction of a New License. When Blizzard replaces this Agreement, Blizzard shall post the New License on this site, and you will then have thirty (30) days to accept or reject the New License. To reject a New License, you can contact Blizzard at email@example.com to inform Blizzard of your rejection of the New License, and thereafter, Blizzard no longer post the Licensed Materials on the Website. If, after the thirty day review period has expired, you have not rejected the New License, then the New License shall become a binding agreement between you and Blizzard for the use of the Licensed Materials.
The relationship between the parties hereto shall be that of a licensor and a licensee, and neither party shall represent itself as an agent, representative or partner of the other. Blizzard may terminate this Agreement at any time in the event of your material breach of this Agreement. Additionally, there may be times when Blizzard will need to terminate your right to use Blizzard Property for business reasons, and in such a case, Blizzard shall have the right to do so without notice or liability to you. This Agreement shall be deemed to have been made and executed in the State of California and any dispute arising hereunder shall be resolved in accordance with the law of California. You may not assign your rights under this Agreement without the express written consent of Blizzard. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
Acknowledgement of binding nature of the foregoing terms and conditions.
You hereby acknowledge that you have read and understand the foregoing Agreement and agree that by activating, or ‘clicking’ the ‘I Accept’ button associated herewith is an acknowledgment of your agreement to be bound by the terms and conditions of this Agreement. You also acknowledge and agree that this Agreement is the complete and exclusive statement of the agreement between Blizzard and yourself and that the Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Blizzard and yourself related to the subject matter of this Agreement.