Here at Improbable, we are honoured by the interest shown by our fans in our games and our company and we think it’s awesome that you want to create artwork, websites, and other content based on our games, artwork, videos, music, characters, logos and other intellectual property (“Improbable IP”). Generally, using Improbable IP without our permission is against our terms of service and any end user licence agreements (“Terms of Service”) so we have created this Policy to explain what you may do regarding: (a) your fan art (such as artwork, photographs, videos, and other materials) based on the Improbable IP; and (b) any non commercial websites that you create which are freely accessible to the public and related to Improbable IP (together being “Fan Content”). In exchange for this use of our Fan Content, we ask you to allow us to share any awesome Fan Content with the world.
Please read this Policy carefully before creating any Fan Content. We reserve the right to change this Policy at any time by posting the revised Policy to our website. Any existing Fan Content that no longer complies with this Policy due to a change in the Policy must be modified to be compliant with the Policy.
You may create Fan Content based on Improbable IP as long as you comply with this Policy. Any Fan Content that violates this Policy is prohibited. Except for the limited exceptions described in this Policy, your use of any Improbable IP is subject to the Terms of Service.
Improbable grants you a personal, non exclusive, non sublicenseable, non transferable, revocable, limited licence for you to use, display and create derivative works based upon Improbable IP, strictly for non commercial (except as specifically provided below) community use. We reserve the right to deny anyone the use of Improbable IP at any time, for any reason or no reason, including when we decide, in our sole and absolute discretion, that you are using Improbable IP inappropriately. If we deny you the right to use Improbable IP, you must stop developing, publishing, or distributing your Fan Content immediately.
In exchange for the use of Improbable IP in your Fan Content, you grant Improbable a royalty free, non exclusive, irrevocable, transferable, sub licensable and worldwide licence to use, copy, modify, distribute and make derivative works of your Fan Content in any form, for any purpose and without having to credit you, pay you anything, or obtain your approval.
All Fan Content must be appropriate for the audience of the Improbable IP and consistent with the tone and nature of the Improbable IP (as determined by Improbable). Fan Content must comply with applicable law, may not violate the rights of others and must not be obscene, sexually explicit, defamatory, offensive, objectionable or harmful to others.
You may not use any Improbable IP in any manner that is derogatory to Improbable or that may damage the value, reputation, or goodwill of Improbable or its products or brands (as determined by Improbable).
Your Fan Content may not include links to any website that promotes or exploits cheats or hacks to Improbable’s games or any other games.
You may not create commercial Fan Content, including any Fan Content that: (a) involves a business or legal entity; or (b) is gated with a paywall (e.g., Patreon, YouTube Premium, etc) without our prior written consent. This is subject to the following exceptions:
7.1. Ad Revenue: individual players may promote their Fan Content on websites, streams, or videos and passively generate revenue through appropriate advertisements, including pre-roll ads, ad breaks, and sponsor ad overlays (“Ads”). Improbable may deem (acting in its sole discretion) if any Ads are inappropriate in nature and thereby non permissible; and
7.2. Gameplay Streaming: individual players may solicit personal donations or offer subscription-based content while live-streaming games, so long as non-subscribers can still watch the games concurrently.
You may not create or use any Fan Content in a manner that could cause people to believe that it is an official Improbable production. For example, a fan website may not be designed to look like an official Improbable website and it must be clear to visitors that the website is not an Improbable website. If you share your Fan Content with others, please include the following notice (e.g., on your Fan Content’s website): [The title of your Fan Content] was created in accordance with Improbable’s Fan Content Policy using intellectual property owned by Improbable. Improbable does not endorse or sponsor this project.
If you use Improbable’s brands, logos, game titles, character names, or other trademarks (“Trade marks”) in connection with your Fan Content, you must:
9.1. only use the Trade marks whilst discussing the relevant Improbable products or business they represent. Do not use Trade marks to identify or promote you, your Fan Content or any other products or business;
9.2. only use the Trade marks in a manner which will enhance and not damage their associated reputation and goodwill;
9.3. not use the Trade marks in the name of a website unless it is clear from the name that the website is not an official Improbable website; and
9.4. not register or use any domain name that is confusingly similar to our domain names.
Use of Improbable IP in games and apps is not allowed. This includes taking any part of Improbable IP (e.g., character appearances, character abilities, maps, icons, items, etc.) and using it in a game or app.
You warrant that you will not use a third party’s IP in the Fan Content without their permission.