Language:
WARGROOVE COMMUNITY UGC POLICY
ISSUED BY CHUCKLEFISH LIMITED
for
“WARGROOVE”
Last updated: 1 November 2018

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE UGC OR UGC FUNCTIONALITY IN WARGROOVE.


WHAT’S IN THESE TERMS?

This policy sets out the content standards and other terms that apply when you use the UGC Functionality of Wargroove. This policy is incorporated into our End User Licence Agreement with you for the Game. Definitions not set out in this policy shall be as set out in the EULA.


BY USING OUR UGC AND/OR UGC FUNCTIONALITY YOU ACCEPT THESE TERMS

By using our Game, UGC and/or UGC Functionality, you confirm that you accept the terms of this policy and that you agree to comply with them.

If you do not agree to these terms, you must not use the UGC or UGC Functionality.


THERE ARE OTHER TERMS THAT APPLY TO YOU

Our EULA, available at https://wargroove.com/eula, and privacy policy, available at https://wargroove.com/privacy-policy, also applies to your use of the UGC and UGC Functionality.


WE MAY MAKE CHANGES TO THE TERMS OF THIS POLICY

We amend these terms from time to time. Please check back here from time to time to ensure that you understand the terms that apply at the relevant time.


PROHIBITED USES

You may use UGC and UGC Functionality only for lawful purposes. You may not use UGC or UGC Functionality:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our Game or the UGC Functionality;
    • any equipment or network on which our Game or the UGC Functionality is stored;
    • any software used in the provision of our Game or the UGC Functionality; or
    • any equipment or network or software owned or used by any third party.


INTERACTIVE SERVICES

We may provide interactive services in the Game and/or our websites, including, without limitation, UGC Functionality for you to upload or use UGC (“interactive services”).

The interactive services are not actively moderated by us, but we have implemented reporting tools so that the community can report UGC to us for our review. We undertake a human review of the reported UGC to decide whether or not it breaches this policy and/or our EULA. We may automatically suspend the availability of reported UGC whilst we review.

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided by us, and we are committed to protecting our users and providing a safe environment. However, please note that we are under no obligation to oversee, monitor or moderate any interactive service we provide, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of this policy or our EULA.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.


CONTENT STANDARDS

These content standards (“Content Standards”) apply to any and all UGC material which you contribute, post or upload using the UGC Functionality, and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any UGC as well as to its whole.

We will determine, in our discretion, whether UGC breaches our Content Standards.

The UGC you contribute / post / upload must:
  • Comply with the law applicable in England and Wales and in any country from which it is posted, contributed or uploaded.

The UGC must not:
  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the UGC emanates from us, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Directly or indirectly, by any means, induce or encourage the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to third party sites.


INTELLECTUAL PROPERTY

You own the intellectual property rights (e.g., the copyright) in the UGC that you create using the UGC Functionality. However, ownership of the UGC Functionality itself, the Game and our other underlying technology and systems is retained by us and our licensors in accordance with the EULA.

In the spirit of the community and in which the UGC Functionality is made available, you irrevocably grant free of charge on the basis of the MIT License terms available at https://opensource.org/licenses/MIT, a licence in your created UGC to both us and to all other Game users (“UGC Grant”).

Notwithstanding the foregoing, where the terms of the UGC Grant you provide to us are inconsistent with the terms of this policy and/or EULA, the terms of this policy and/or EULA shall prevail (with the result that, by way of example and without limitation, you must ensure that your UGC does not infringe the intellectual property rights of third parties). The UGC Grant you provide to other Game users is wholly on the MIT License terms without the application of the foregoing.

The UGC are virtual items only and have no real-world value, are not exchangeable or transferrable and are not redeemable for real-world currency or property. In accordance with the EULA, you are not permitted to sell or commercially exploit UGC by any means. You further agree that, notwithstanding your rights in the UGC, we shall have the right at our discretion to delete / erase or otherwise cease supporting or making available any UGC in accordance with this policy, the EULA or otherwise at our discretion (such as in the event we no longer make the Game and/or certain or all UGC available).


BREACH OF THIS POLICY

When we consider that a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this policy constitutes a material breach of the EULA upon which we may:
  • Withdraw your right to use the Game and/or any UGC or UGC Functionality.
  • Remove any UGC.
  • Issue a warning to you.
  • Take legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Take other legal action against you.
  • Disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

© 2018 Chucklefish Limited. All trade marks are the property of the relevant owners. All rights reserved.