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Summary
- Confederate Express will contain errors and bugs.
- Do not redistribute Confederate Express or any alterations of Confederate Express or Confederate Express game files.
- You may develop tools, plug-ins and services as long as they do not seem official or approved by Maksym Pashanin, such as by using Maksym Pashanin's logos. Do not make commercial use of anything Maksym Pashanin made without Maksym Pashanin's permission.
- For those that who live in the United States, please review the binding arbitration agreement and class action waiver that is part of these terms and conditions. Under the agreement, Maksym Pashanin and you both agree to use a neutral arbitrator to decide any individual claims that may arise and thus agree to waive Maksym Pashanin's rights to bring individual claims in court for consideration by a judge or jury. Maksym Pashanin also agrees that class action lawsuits and class-wide arbitrations are not allowed under the terms of the agreement.
Maksym Pashanin is trying to be open, honest and trusting with the hope that you hold Maksym Pashanin in the same regard.
Introduction
These terms and conditions are a legal agreement between you and Maksym Pashanin. These terms and conditions incorporate the terms of use for Confederate Express, and asset usage guidelines, Maksym Pashanin's arbitration agreement if you live in the United States, and Maksym Pashanin's privacy policy. By agreeing to these terms and conditions you also agree to all parts of these four documents, so please read through them carefully. If you buy, download, use or play any of Maksym Pashanin's games, you will also have to stick to the end user license agreement of that game. If you are young and you are having trouble understanding these terms and conditions, please ask a responsible adult such as your parent or guardian. Remember to check back here once in a while as Maksym Pashanin may update these terms and conditions, which will be effective the next time you use Confederate Express.
PRIVACY POLICY
Maksym Pashanin doesn’t store any of your data, period.
BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
For those that who live in the United States, please review the binding arbitration agreement and class action waiver that is part of these Terms and Conditions. Under the agreement, Maksym Pashanin and you both agree to use a neutral arbitrator to decide any individual claims that may arise and thus agree to waive Maksym Pashanin's rights to bring individual claims in court for consideration by a judge or jury. Maksym Pashanin also agrees that class action lawsuits and class-wide arbitrations are not allowed under the terms of the agreement.
ARBITRATION AGREEMENT
CONFEDERATE EXPRESS END USER LICENSE AGREEMENT
BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES
This Arbitration Agreement is part of the Confederate Express End User License Agreement ("EULA") that governs your right to use Confederate Epxress. You and Maksym Pashanin also agree to these terms:
Individual Arbitration and Not in Court. Maksym Pashanin hopes Maksym Pashanin and you never have a dispute, but if Maksym Pashanin and you do have a dispute, you and Maksym Pashanin both agree to try for 60 days to work it out informally. If Maksym Pashanin and you can't and you live in the United States, you and Maksym Pashanin agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act, and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. AAA tries to make arbitration speedy and fair. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and anything else where someone acts in a representative capacity, aren't allowed. Nor is combining individual proceedings without the consent of all parties
Disputes Covered – Everything Except IP. The term "dispute" is as broad as it can be. It means any claim or controversy between you and Maksym Pashanin concerning Confederate Express, a price, the EULA itself, the Terms and Conditions listed above, or this Arbitration Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors', Maksym Pashanin's, or Maksym Pashanin's licensors' intellectual property rights.
Option 1 to resolve a dispute: Mail a Notice of Dispute. Maksym Pashanin's Arbitration Agreement is very generous Maksym Pashanin respect Maksym Pashanin's users and wants to be fair. If you have a dispute and Maksym Pashanin's customer service representatives can't fix it, e-mail a Notice of Dispute to maxpashanin@gmail.com, Attn: LCA Arbitration. Tell Maksym Pashanin your name, address, how to contact you, what the problem is, and what you want. After 60 days, you or Maksym Pashanin may start an arbitration if Maksym Pashanin and you haven't worked it out.
Option 2 to resolve a dispute: Small Claims Court. Instead of e-mailing a Notice of Dispute, you can sue Maksym Pashanin in small claims court in the county where you live, if you meet the court's requirements. Maksym Pashanin hopes you'll e-mail a Notice of Dispute (option 1) and give Maksym Pashanin 60 days to try to work it out, but you don't have to before going to small claims court.
Arbitration Procedure. If a dispute isn’t resolved in small claims court or within 60 days after a Notice of Dispute, you or Maksym Pashanin may start an arbitration. The American Arbitration Association ("AAA") will conduct any arbitration under its Consumer Arbitration Rules. For more information, see www.adr.org or call 1-800-778-7879. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in the county where you live. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim; that means an arbitrator may determine your and Maksym Pashanin's rights and order Maksym Pashanin to do something for you, but may not do either for a class or group of persons.
Fees and Payments:
Disputes Involving Any Amount. If you start an arbitration, Maksym Pashanin won't seek Maksym Pashanin's AAA or arbitrator's fees and expenses, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. If Maksym Pashanin starts an arbitration, Maksym Pashanin will pay all filing, AAA, and arbitrator's fees and expenses. Maksym Pashanin won't seek Maksym Pashanin's attorney's fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.
Disputes Involving $75,000 or Less. Maksym Pashanin will promptly reimburse your filing fees and pay the AAA's and arbitrator's fees and expenses. If you reject Maksym Pashanin's last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator's decision (called an award), and the arbitrator awards you more than this last written offer, Maksym Pashanin will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney's fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Maksym Pashanin agree on them.
Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA's and arbitrator's fees and expenses.
Conflict with AAA Rules. This Arbitration Agreement governs if it conflicts with the AAA's Consumer Arbitration Rules.
Rejecting Future Arbitration Changes. You may reject any change Maksym Pashanin makes to this Arbitration Agreement (except address changes) by e-mailing notice within 30 days of the change to maxpashanin@gmail.com. If you do, the most recent version of the Arbitration Agreement before the change you rejected will apply.
Must File Within One Year. You and Maksym Pashanin must file in small claims court or arbitration any claim or dispute (except intellectual property disputes – see Disputes Covered) within one year from when it first could be filed. Otherwise, it's permanently barred. If you have a dispute, tell Maksym Pashanin now. Maksym Pashanin will do the same.
Severability. If the class action waiver in this Arbitration Agreement is found to be illegal or unenforceable as to all or parts of a dispute, this Arbitration Agreement won't apply to those parts. Instead, those parts will proceed in court with the remaining parts proceeding in arbitration. If any other provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed but the rest of this Arbitration Agreement will still apply.
RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
Don't forget that Maksym Pashanin still owns Confederate Express and related content, and if Maksym Pashanin wants, Maksym Pashanin can take away your permission to use Confederate Express at any time if necessary.
If you want to notify Maksym Pashanin that you believe someone is infringing your intellectual property please submit your notice to maxpashanin@gmail.com. If appropriate, Maksym Pashanin may terminate the accounts of users who are repeat infringers. Maksym Pashanin reserves the right to take down any content in Maksym Pashanin's discretion.
RESTRICTIONS AND OBLIGATIONS
Please don't use Confederate Express in a way which Maksym Pashanin might think is offensive, immoral or illegal, or makes other people feel uncomfortable. Maksym Pashanin doesn't want Confederate Express to be used in a way which upsets people.
You can't use Confederate Express for commercial purposes, and you aren't allowed to try to make money from using Confederate Express.
BRAND AND ASSET USAGE GUIDELINES FOR CONFEDERATE EXPRESS
All of Maksym Pashanin's games are really important to Maksym Pashanin and Confederate Express community, which means that lots of you want to use Maksym Pashanin's Brands and the things around Confederate Express to do cool stuff. Maksym Pashanin is happy about that. Sometimes, however, people go too far and do things that make the community think that their products and services are connected with or endorsed by Maksym Pashanin or even produced by Maksym Pashanin. Maksym Pashanin is not happy about that. Especially when people do it deliberately to take unfair advantage of the community and Maksym Pashanin's work in that way. When that happens, fans buy things thinking they are official when they are not. That means Maksym Pashanin can't control quality etc. which diminishes the value of the work Maksym Pashanin has done and the trust that Confederate Express community has in what Maskym Pashanin does.
Maksym Pashanin wants you to keep doing the cool stuff that you do and so these Guidelines are intended to help everyone understand what Maksym Pashanin considers to be fair and unfair use of Maksym Pashanin's "Name", "Brands" and "Assets". Maksym Pashanin have had some help from some lawyers and they will also help Maksym Pashanin if Maksym Pashanin needs to take further steps to protect Maksym Pashanin's rights but the purpose of these "Guidelines" is to give some clarity on what you can do without having to contact Maksym Pashanin (or Maksym Pashanin's lawyers) and what you mustn't do or else Maksym Pashanin (or Maksym Pashanin's lawyers) will have to contact you. Maksym Pashanin hopes you understand.
GUIDELINES
These Guidelines cover the use of Maksym Pashanin's Brands and Maksym Pashanin Assets. For these purposes, when this document refers to:
Maksym Pashanin's "Name": means the name of any one of Maksym Pashanin's games, taglines, features, events, or personal identity, as well as any names which are confusingly similar to the names of any of Maksym Pashanin's games, taglines, features, events, or personal identity;
Maksym Pashanin's "Brands": means any Names and/or the related logos and distinctive characteristics of any of Maksym Pashanin's Names and games;
Maksym Pashanin's "Assets": means the code, software, graphics, textures, images, models, sound and audio from any of Maksym Pashanin's games and any videos or screenshots taken from Maksym Pashanin's games.
These Guidelines apply in addition to and not in place of Maksym Pashanin's Account Terms or End User License Agreements (EULAs). Please remember that Maksym Pashanin has one major rule: do not distribute anything Maksym Pashanin made. This means don't:
give copies of Maksym Pashanin's games to anyone else;
make commercial use of anything Maksym Pashanin made (including Maksym Pashanin's Names, Brands, and Assets);
try to make money from anything Maksym Pashanin made (including Maksym Pashanin Names, Brands, and Assets); or
let other people get access to anything Maksym Pashanin made in a way that is unfair or unreasonable;
unless Maksym Pashanin specifically agree to it or allow it.
These Guidelines do not change that principle but are intended to help people understand what Maksym Pashanin expects and want.
Please also check back here from time to time because Maksym Pashanin may update these guidelines and provide further guidance.
ESSENTIAL REQUIREMENTS
The first thing to say is that there are Essential Requirements that apply to all use of Maksym Pashanin's Names, Brands, and Assets. If you are using any part of Maksym Pashanin's Name, any of Maksym Pashanin's Brands and /or any of Maksym Pashanin's Assets, then what you are doing MUST:
NOT make people think that you or what you are doing is official; approved or endorsed by Maksym Pashanin; or associated or connected with Maksym Pashanin;
NOT be unlawful, deceptive, obscene, harmful or disparaging;
NOT take action that would harm or damage any of Maksym Pashanin's Brands or any of Maksym Pashanin's Assets;
NOT include anything else around it that makes people think that you or what you are doing is official; approved or endorsed by Maksym Pashanin; or associated or connected with Maksym Pashanin;
comply with the relevant Account Terms/EULA; and
sufficiently differentiate the use of any Name you are using from any other branding.
These are the "Essential Requirements".
WHAT YOU CAN DO
NON-COMMERCIAL THINGS
Maksym Pashanin is very relaxed about things you create for yourself. Pretty much anything goes there - so go for it, have fun, and just don't distribute anything Maksym Pashanin made.
Maksym Pashanin is also quite relaxed about other non-commercial things so feel free to create and share videos, screen shots, independently created mods (that don't use any of Maksym Pashanin's Assets), fan art, machinima, etc.
However, if you want to use any Name in the title of a product that you distribute or service that you provide (even if it is for free) then you have to:
follow the Essential Requirements;
do so in a way that honestly and fairly describes those things or the purpose of them;
ensure that the Name (which includes any confusingly similar name) is not the first word, doesn't use any other aspect of any of Maksym Pashanin's Brands or Assets as part of any related branding, including as or as part of any logo; and
make it clear that the product is unofficial and not from Maksym Pashanin or approved by Maksym Pashanin.
This applies especially if you want to set up and run any non-commercial blogs, servers, community forums, fan sites, fan clubs, news groups, events and gatherings.
COMMERCIAL THINGS
Maksym Pashanin is less relaxed about commercial things. You may not use any Names in or as the main name or title of commercial things.
You may use a Name in a secondary name or title if you:
do so because it is necessary to honestly and fairly describe those things or the purpose of them;
follow the Essential Requirements;
ensure that the secondary title (which includes a Name or any confusingly similar name) is not the dominant element or the distinctive part of the complete name or title; and
don't use any other aspect of any of Maksym Pashanin's Brands or Assets as part of any related branding, including as or as part of any logo.
You may not make any other commercial use of any of Maksym Pashanin's Brands or Assets. For example, you may not sell any merchandise that uses any of Maksym Pashanin's Brands or Assets and you definitely may not use Maksym Pashanin's Names as keywords or search tags for products that have no relationship with them or that are infringing or counterfeit.
Maksym Pashanin loves the idea of people doing cool things with Maksym Pashanin's games and sharing those things with Confederate Express community. That's something Maskym Pashanin totally supports and encourages. So please feel free to do so but please also make sure you don't go too far.
In addition to the specifics set out above, where Maskym Pashanin allows you to do something you will always need to add a notice as follows: NOT AN OFFICIAL CONFEDERATE EXPRESS PRODUCT. NOT APPROVED BY OR ASSOCIATED WITH MAKSYM PASHANIN.
VIDEOS AND SCREENSHOTS
You are allowed to put footage of Maskym Pashanin's game on YouTube or any other website. In fact, Maskym Pashanin likes you doing so.
So long as you stay within the Essential Requirements:
You may create, use and distribute videos of you playing or using Maskym Pashanin's game for any lawful reason provided that you don't make any money from them.
However, you may make money using your videos of Maskym Pashanin's game by, for instance, through ad revenue, as long as you also add your own unique content to the video, such as audio commentary. The amount you add must also be enough to make it fair and worthwhile for someone to pay for it or for you to make money from it. For example you couldn't just include your logo, web address or indent but you could add an audio commentary or your own music if you are creating a music video.
You may also make money using videos and screen-shots if it is covered by so called "fair dealing" or "fair use" exceptions to copyright, such as where it is for criticism and review, reporting current affairs etc. In each case, you will still need to add appropriate additional content and credits where applicable.
...more will follow as and when Maksym Pashanin decides what to add - so feel free to make requests.
If something isn't covered by these Guidelines and Maksym Pashanin hasn't otherwise said it's okay, that probably means Maksym Pashanin doesn't want you to do it. In any case if it isn't covered please don't do it without getting written permission from Maksym Pashanin. You can contact Maksym Pashanin at maxpashanin@gmail.com. If something is specifically covered and permitted by these Guidelines or EULAs applicable to any of Maksym Pashanin's games then you don't need to contact Maksym Pashanin.
Confederate Express Commercial Usage Guidelines
The Confederate Express EULA and Brand and Asset Usage Guidelines ("Policies") restrict the commercial use of the Confederate Express Name, Brand, and Assets, including software, graphics and audio.
However, since Maksym Pashanin loves the idea of players and fans doing cool things and sharing them with the community, and Maksym Pashanin realizes that sometimes you need to charge to cover your costs, the following explains what Maksym Pashanin (currently) considers to be commercial use / commercial things. This may change as time goes by but for now Maksym Pashanin hopes that it helps you understand what you can and can’t do, and helps Confederate Express fans do more (and limit those that try to go too far).
Maksym Pashanin has therefore drafted these Guidelines to allow some leniency with respect to limited commercial activity as outlined below. They don't form part of the Policies but they exist because Maksym Pashanin currently thinks it's a good idea to let some of these things happen. Please note that Maksym Pashanin reserves the right to change Maksym Pashanin's mind at any time (such as if people start to take advantage of Maksym Pashanin's good intentions) and to update these Guidelines. So please don't count on these Guidelines always being here or in the specific form they are right now.
Maksym Pashanin also wants to make it clear that these Guidelines are for the community of Confederate Express players and fans. They do not authorize commercial companies, corporate brands, advertising agencies, non-profits, or governments to use or exploit Confederate Express for promoting products or services unrelated to Confederate Express.
Above all Maksym Pashanin is trying to find a way to let Confederate Express' brilliant fans do great things for each other without others coming along and spoiling it for everyone.
ON THAT BASIS, THEREFORE:
NAMING GUIDELINES
If you comply with and follow the Essential Requirements (in the Brand and Asset Usage Guidelines) YOU MAY use Maksym Pashanin's Names (as defined in the Brand and Asset Usage Guidelines) in connection with a product or service title or listing (including on web sites or YouTube) if:
the Name is in a secondary name or title (or secondary part of it);
you do so because it is necessary to honestly and fairly describe those things or the purpose of them;
you ensure that the Name (which includes any confusingly similar name) is not the dominant element or the distinctive part of your complete name or title;
you don't use any other aspect of the Brands or Assets (as defined in the Brand and Asset Usage Guidelines) as part of any related branding, including as or as part of any logo.
Examples of naming: "The Delivery - a Confederate Express podcast" (Maksym Pashanin is cool with that). "Confederate Express - the ultimate guide app" (Maksym Pashanin is NOT cool with that).
To help you understand part of this, regardless of anything else, YOU MAY NOT use the Name in or as the main or dominant name or title of any commercial product or service.
These are the “Naming Guidelines” and they apply to everything you might do under these Guidelines.
HAND CRAFTED PRODUCTS
If you comply with and follow the Essential Requirements (in the Brand and Asset Usage Guidelines) and Naming Guidelines YOU MAY:
make and sell certain individual (i.e. not mass produced) handcrafted products that are inspired by Confederate Express so long as you conform with all of the following:
any product or design is otherwise entirely original and unique (a “Unique Design”);
no part of the Brand and / or Assets forms a dominant element or substantial part of the product or its design;
you make no use of any software, sound or audio from Confederate Express;
you mark clearly and prominently on each such product and all related materials and product listings/descriptions that it is “NOT OFFICIAL CONFEDERATE EXPRESS PRODUCT. NOT APPROVED BY OR ASSOCIATED WITH MAKSYM PASHANIN”;
you are explicit about who to contact about the product and / or purchase, who the seller and manufacturer are, and that the seller and manufacturer is NOT Maksym Pashanin, NOT associated with Maksym Pashanin, and NOT supported by Maksym Pashanin;
Maksym Pashanin has no liability for the products or purchase;
you don’t make and sell more than 20 product items using the same (or a substantially similar) Unique Design. This means you can make 20 T-shirts using Design A and 20 T-shirts using Design B, but you cannot make 21 T-shirts using Design A; nor can you make 20 T-shirts using Design A plus 3 mugs using Design A;
you sell those products only through a website or service / channel that independently records the quantities of the product sold and enables Maksym Pashanin to independently verify that information;
you comply with all other laws and requirements; and
make no more than $5000 for any calendar year from selling products under these Guidelines.
To help you understand this, a Unique Design is something that adds enough personal creativity to make the work distinctive and original. You can’t just feature the graphics (textures) of Jackson’s face on a product and call it “Inspired by Confederate Express”. You also can’t just change a few pixels, or colors.
Additionally, Maksym Pashanin has set these product number limitations because Maksym Pashanin doesn't mean to permit people to commercialize Maksym Pashanin's Name, Brand, or Assets, or run businesses selling products featuring Maksym Pashanin's Name, Brands, or Assets.
Indeed, the goal is to allow hobbyists to share their work and the fruits of their creative labors and make some money using their own creativity. It is not a way for businesses to start using Maksym Pashanin's Brands and / or Assets - if that happens Maksym Pashanin will do something about it.
VIDEOS AND STREAMS
If you comply with and follow the Essential Requirements (in the Brand and Asset Usage Guidelines) and Naming Guidelines YOU MAY create, use and distribute videos and streams of you playing or using Confederate Express for any lawful reason and YOU MAY make money from them by adding or permitting advertising in them, so long as:
all video downloads are free to view (i.e. there is no pay wall or other charge to view the videos);
all streams are made free to view within 24 hours;
you add your own unique content to the video or stream, such as audio commentary or footage of you making cool stuff;
you don’t create and use videos or streams whose purpose is to advertise or promote other products or services;
you don’t sell physical copies of videos or streams, i.e. DVDs etc.;
you don’t broadcast or distribute videos or streams via television. To help you understand this, the amount of unique content you add must be enough to make it reasonable for you to make money through advertising (and Maksym Pashanin reserves Maksym Pashanin's right to decide on that).
This means that you can upload your own unique content to sites such as YouTube and make money from advertising around the video but you cannot distribute those videos on iTunes and charge for the content. Nor can you charge for a subscription to a channel where those videos are available unless the Confederate Express related videos are also readily available for free outside of that subscription channel. Basically, videos must be free to consumers at the point of consumption and any money you make should come from other sources like display ads and sponsors, subject to the section below on “Building Promotions with Confederate Express.”
EXTENDED FUNCTIONALITY AND “MODS”
If you comply with and follow the Essential Requirements (in the Brand and Asset Usage Guidelines) and Naming Guidelines above YOU MAY distribute or make available plug-ins and other bits and pieces of extended functionality etc. that you create (together, "Mods") for free and without any charge, but not if the purpose of your Mod is to advertise or promote other products or services (see the section below on Building Promotions with Confederate Express). By "Mods," Maksym Pashanin means something original that you created that doesn't contain a substantial part of Maksym Pashanin's copyrightable code or content. Maksym Pashanin has the final say on what constitutes a Mod and what doesn't. When you combine your Mod with the Confederate Express software, Maksym Pashanin will call that combination a "Modded Version" of the Game. You MAY NOT distribute any Modded Versions of Maksym Pashanin's Game or software, though you may distribute Mods.
DOMAIN NAMES AND WEB SITES
If you comply with and follow the Essential Requirements (in the Brand and Asset Usage Guidelines) YOU MAY:
set up and run your own web site to provide information regarding the Confederate Express game and to run related forums, so long as you comply with these Guidelines;
also register and use an appropriate domain name that includes one of Maksym Pashanin's Names or Brands for this purpose so long as:
Maksym Pashanin doesn’t consider the domain name you register to seem official and you don’t use the domain name in a way that seems official - and it doesn’t become something that seems official;
your website actually relates to the Confederate Express game, the Brand and / or Assets in a fair or reasonable and appropriate way;
your website relates exclusively to Confederate Express and not other third party games;
any third party advertising does not damage Maksym Pashanin's Brand;
you don’t do so for cybersquatting or principally to make money, including through affiliate services.
BUILDING PROMOTIONS WITH CONFEDERATE EXPRESS
Without prior written approval from Maksym Pashanin, corporations, businesses, advertising agencies, non-profits, governments, and other entities MAY NOT use Confederate Express gameplay to promote or market unrelated brands, products, campaigns, or services.
Specifically, if you are one of these entities or someone who is hired by them, you MAY NOT exploit Confederate Express or Confederate Express assets to:
build or commission others to build, a Confederate Express mod, map or server that promotes or markets unrelated products or services in playable form; for example, you are NOT allowed to market or promote a branded automobile using a mod that depicts branded automobiles within Confederate Express game play;
build or commission others to build, a Confederate Express mod/map/server that promotes or markets a company’s movie or TV show; for example, you are NOT allowed to build maps and/or videos using Confederate Express blocks that build out the world or characters of a movie to promote and market your company’s or your client’s movie or TV program;
offer Confederate Express gameplay displayed or projected publicly within physical locations; for example, you are NOT allowed to promote or advertise big-screen Confederate Express gameplay inside restaurants or other commercial venues; and you are NOT allowed to charge money for Confederate Express gameplay, leagues, or competitions in theaters where gameplay is projected onto the movie screen;
create or commission others to create promotional or marketing videos or movie trailers through Confederate Express gameplay; for example, you are NOT allowed to create or produce movie trailers through Confederate Express gameplay for promoting or marketing a movie;
to promote your (or your client’s) corporate brands, products, or services.
However YOU MAY:
Pay to advertise your business in an advertisement window within a Confederate Express video; for example, by displaying a banner ad or by selling your ads on YouTube where they may be shown in connection with Confederate Express videos uploaded independently by players;
Pay for advertisements of your business to be served on websites or servers related to Confederate Express, so long as you are not hiring the server operator to design or host a Confederate Express mod/map/server that builds an in-world representation of your brand, products, or services.
Build products or movie environments that you are a fan of into a Confederate Express mod/map/server so long as you have not been asked to do so by the entity who makes the product or by someone they have hired to promote their brand or products; likewise, you can express your support for a political candidate in a map/mod/server, but not if you have been hired to promote them.
BOOKS AND OTHER PUBLICATIONS
If you comply with and follow the Essential Requirements (in the Brand and Asset Usage Guidelines) and Naming Guidelines YOU MAY write and publish works inspired by Confederate Express (“Publications”) so long as:
you don’t use the Confederate Express logo or the phrase “Confederate Express” or the phrase “ConEX” in letters that look like, or attempt to look like, the style of Maksym Pashanin's logo anywhere on the front or back covers of your Publication;
you don’t just copy the Brand or Assets in the Publication, but instead you add your own unique and original content such as your own story – so no coloring books, posters, or sticker books or charts that just copy Maksym Pashanin's Assets;
the main content and value of your work is original material that you create or contribute, and not the Brand or Assets;
you do not use official Confederate Express artwork, such as images taken from official Confederate Express product packaging, official Confederate Express merchandise, or official Confederate Express marketing, on the cover of your Publication. However, for example, you may use screenshots of your original Confederate Express creations on the cover of your Publication, provided the overall cover of your Publication does not create the impression that it is an official Maksym Pashanin's publication or authorized by Maksym Pashanin;
the phrase “Confederate Express” is not the first phrase or dominant part of the title of your Publication or the name of your publisher or the name of a series of books – but it may be used as a secondary name or secondary title (or secondary part of it) where it is necessary to honestly and fairly describe the Publication or the purpose of it. For example, “Confederate Express Players Guide” is not okay as a title, but “Guidebook for Confederate Express Players” might be okay if the other rules are followed too;
you mark clearly and prominently on each Publication and all related materials and product listings/descriptions that it is "NOT OFFICIAL MAKSYM PASHANIN'S PRODUCT. NOT APPROVED BY OR ASSOCIATED WITH MAKSYM PASHANIN";
you are explicit about who to contact about the Publication and / or any related purchase, who the seller and manufacturer / publisher are, and that the seller and manufacturer / publisher are NOT Maksym Pashanin, NOT associated with Maksym Pashanin, and NOT supported by Maksym Pashanin;
you understand and agree that Maksym Pashanin has no liability for the Publication or any related purchase;
you comply with all other laws, regulations and legal requirements;
the title you use does not create the impression that it is official or authorized.
GENERAL
YOU MAY:
Do things that are specifically covered by “fair dealing” or “fair use” exceptions to copyright and trade mark laws.
YOU MAY NOT:
Do things that are not specifically permitted by these Guidelines or expressly allowed by applicable laws.
ALL USES
In relation to all uses (permitted or otherwise):
all rights (including copyright, trademark rights and related rights) in the Name, Brand, and Assets and any derivatives are and will remain owned by Maksym Pashanin;
all and any permissions and consents are given by Maksym Pashanin in Maksym Pashanin's discretion and may be revoked at any time if Maksym Pashanin thinks that it is appropriate to do so or Maksym Pashanin doesn’t like what you are doing; and
all rights are expressly reserved.
If something isn't covered by these Guidelines that probably means Maksym Pashanin doesn't want you to do it. In any case if it isn't covered please don't do it without getting permission from Maksym Pashanin.
You can contact Maksym Pashanin at maxpashanin@gmail.com.
If something is specifically covered and permitted by these Guidelines and Confederate Express terms of use then you don't need to contact Maksym Pashanin.
Thanks,
Maksym Pashanin
- Confederate Express will contain errors and bugs.
- Do not redistribute Confederate Express or any alterations of Confederate Express or Confederate Express game files.
- You may develop tools, plug-ins and services as long as they do not seem official or approved by Maksym Pashanin, such as by using Maksym Pashanin's logos. Do not make commercial use of anything Maksym Pashanin made without Maksym Pashanin's permission.
- For those that who live in the United States, please review the binding arbitration agreement and class action waiver that is part of these terms and conditions. Under the agreement, Maksym Pashanin and you both agree to use a neutral arbitrator to decide any individual claims that may arise and thus agree to waive Maksym Pashanin's rights to bring individual claims in court for consideration by a judge or jury. Maksym Pashanin also agrees that class action lawsuits and class-wide arbitrations are not allowed under the terms of the agreement.
Maksym Pashanin is trying to be open, honest and trusting with the hope that you hold Maksym Pashanin in the same regard.
Introduction
These terms and conditions are a legal agreement between you and Maksym Pashanin. These terms and conditions incorporate the terms of use for Confederate Express, and asset usage guidelines, Maksym Pashanin's arbitration agreement if you live in the United States, and Maksym Pashanin's privacy policy. By agreeing to these terms and conditions you also agree to all parts of these four documents, so please read through them carefully. If you buy, download, use or play any of Maksym Pashanin's games, you will also have to stick to the end user license agreement of that game. If you are young and you are having trouble understanding these terms and conditions, please ask a responsible adult such as your parent or guardian. Remember to check back here once in a while as Maksym Pashanin may update these terms and conditions, which will be effective the next time you use Confederate Express.
PRIVACY POLICY
Maksym Pashanin doesn’t store any of your data, period.
BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
For those that who live in the United States, please review the binding arbitration agreement and class action waiver that is part of these Terms and Conditions. Under the agreement, Maksym Pashanin and you both agree to use a neutral arbitrator to decide any individual claims that may arise and thus agree to waive Maksym Pashanin's rights to bring individual claims in court for consideration by a judge or jury. Maksym Pashanin also agrees that class action lawsuits and class-wide arbitrations are not allowed under the terms of the agreement.
ARBITRATION AGREEMENT
CONFEDERATE EXPRESS END USER LICENSE AGREEMENT
BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES
This Arbitration Agreement is part of the Confederate Express End User License Agreement ("EULA") that governs your right to use Confederate Epxress. You and Maksym Pashanin also agree to these terms:
Individual Arbitration and Not in Court. Maksym Pashanin hopes Maksym Pashanin and you never have a dispute, but if Maksym Pashanin and you do have a dispute, you and Maksym Pashanin both agree to try for 60 days to work it out informally. If Maksym Pashanin and you can't and you live in the United States, you and Maksym Pashanin agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act, and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. AAA tries to make arbitration speedy and fair. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and anything else where someone acts in a representative capacity, aren't allowed. Nor is combining individual proceedings without the consent of all parties
Disputes Covered – Everything Except IP. The term "dispute" is as broad as it can be. It means any claim or controversy between you and Maksym Pashanin concerning Confederate Express, a price, the EULA itself, the Terms and Conditions listed above, or this Arbitration Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors', Maksym Pashanin's, or Maksym Pashanin's licensors' intellectual property rights.
Option 1 to resolve a dispute: Mail a Notice of Dispute. Maksym Pashanin's Arbitration Agreement is very generous Maksym Pashanin respect Maksym Pashanin's users and wants to be fair. If you have a dispute and Maksym Pashanin's customer service representatives can't fix it, e-mail a Notice of Dispute to maxpashanin@gmail.com, Attn: LCA Arbitration. Tell Maksym Pashanin your name, address, how to contact you, what the problem is, and what you want. After 60 days, you or Maksym Pashanin may start an arbitration if Maksym Pashanin and you haven't worked it out.
Option 2 to resolve a dispute: Small Claims Court. Instead of e-mailing a Notice of Dispute, you can sue Maksym Pashanin in small claims court in the county where you live, if you meet the court's requirements. Maksym Pashanin hopes you'll e-mail a Notice of Dispute (option 1) and give Maksym Pashanin 60 days to try to work it out, but you don't have to before going to small claims court.
Arbitration Procedure. If a dispute isn’t resolved in small claims court or within 60 days after a Notice of Dispute, you or Maksym Pashanin may start an arbitration. The American Arbitration Association ("AAA") will conduct any arbitration under its Consumer Arbitration Rules. For more information, see www.adr.org or call 1-800-778-7879. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in the county where you live. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim; that means an arbitrator may determine your and Maksym Pashanin's rights and order Maksym Pashanin to do something for you, but may not do either for a class or group of persons.
Fees and Payments:
Disputes Involving Any Amount. If you start an arbitration, Maksym Pashanin won't seek Maksym Pashanin's AAA or arbitrator's fees and expenses, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. If Maksym Pashanin starts an arbitration, Maksym Pashanin will pay all filing, AAA, and arbitrator's fees and expenses. Maksym Pashanin won't seek Maksym Pashanin's attorney's fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.
Disputes Involving $75,000 or Less. Maksym Pashanin will promptly reimburse your filing fees and pay the AAA's and arbitrator's fees and expenses. If you reject Maksym Pashanin's last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator's decision (called an award), and the arbitrator awards you more than this last written offer, Maksym Pashanin will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney's fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Maksym Pashanin agree on them.
Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA's and arbitrator's fees and expenses.
Conflict with AAA Rules. This Arbitration Agreement governs if it conflicts with the AAA's Consumer Arbitration Rules.
Rejecting Future Arbitration Changes. You may reject any change Maksym Pashanin makes to this Arbitration Agreement (except address changes) by e-mailing notice within 30 days of the change to maxpashanin@gmail.com. If you do, the most recent version of the Arbitration Agreement before the change you rejected will apply.
Must File Within One Year. You and Maksym Pashanin must file in small claims court or arbitration any claim or dispute (except intellectual property disputes – see Disputes Covered) within one year from when it first could be filed. Otherwise, it's permanently barred. If you have a dispute, tell Maksym Pashanin now. Maksym Pashanin will do the same.
Severability. If the class action waiver in this Arbitration Agreement is found to be illegal or unenforceable as to all or parts of a dispute, this Arbitration Agreement won't apply to those parts. Instead, those parts will proceed in court with the remaining parts proceeding in arbitration. If any other provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed but the rest of this Arbitration Agreement will still apply.
RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
Don't forget that Maksym Pashanin still owns Confederate Express and related content, and if Maksym Pashanin wants, Maksym Pashanin can take away your permission to use Confederate Express at any time if necessary.
If you want to notify Maksym Pashanin that you believe someone is infringing your intellectual property please submit your notice to maxpashanin@gmail.com. If appropriate, Maksym Pashanin may terminate the accounts of users who are repeat infringers. Maksym Pashanin reserves the right to take down any content in Maksym Pashanin's discretion.
RESTRICTIONS AND OBLIGATIONS
Please don't use Confederate Express in a way which Maksym Pashanin might think is offensive, immoral or illegal, or makes other people feel uncomfortable. Maksym Pashanin doesn't want Confederate Express to be used in a way which upsets people.
You can't use Confederate Express for commercial purposes, and you aren't allowed to try to make money from using Confederate Express.
BRAND AND ASSET USAGE GUIDELINES FOR CONFEDERATE EXPRESS
All of Maksym Pashanin's games are really important to Maksym Pashanin and Confederate Express community, which means that lots of you want to use Maksym Pashanin's Brands and the things around Confederate Express to do cool stuff. Maksym Pashanin is happy about that. Sometimes, however, people go too far and do things that make the community think that their products and services are connected with or endorsed by Maksym Pashanin or even produced by Maksym Pashanin. Maksym Pashanin is not happy about that. Especially when people do it deliberately to take unfair advantage of the community and Maksym Pashanin's work in that way. When that happens, fans buy things thinking they are official when they are not. That means Maksym Pashanin can't control quality etc. which diminishes the value of the work Maksym Pashanin has done and the trust that Confederate Express community has in what Maskym Pashanin does.
Maksym Pashanin wants you to keep doing the cool stuff that you do and so these Guidelines are intended to help everyone understand what Maksym Pashanin considers to be fair and unfair use of Maksym Pashanin's "Name", "Brands" and "Assets". Maksym Pashanin have had some help from some lawyers and they will also help Maksym Pashanin if Maksym Pashanin needs to take further steps to protect Maksym Pashanin's rights but the purpose of these "Guidelines" is to give some clarity on what you can do without having to contact Maksym Pashanin (or Maksym Pashanin's lawyers) and what you mustn't do or else Maksym Pashanin (or Maksym Pashanin's lawyers) will have to contact you. Maksym Pashanin hopes you understand.
GUIDELINES
These Guidelines cover the use of Maksym Pashanin's Brands and Maksym Pashanin Assets. For these purposes, when this document refers to:
Maksym Pashanin's "Name": means the name of any one of Maksym Pashanin's games, taglines, features, events, or personal identity, as well as any names which are confusingly similar to the names of any of Maksym Pashanin's games, taglines, features, events, or personal identity;
Maksym Pashanin's "Brands": means any Names and/or the related logos and distinctive characteristics of any of Maksym Pashanin's Names and games;
Maksym Pashanin's "Assets": means the code, software, graphics, textures, images, models, sound and audio from any of Maksym Pashanin's games and any videos or screenshots taken from Maksym Pashanin's games.
These Guidelines apply in addition to and not in place of Maksym Pashanin's Account Terms or End User License Agreements (EULAs). Please remember that Maksym Pashanin has one major rule: do not distribute anything Maksym Pashanin made. This means don't:
give copies of Maksym Pashanin's games to anyone else;
make commercial use of anything Maksym Pashanin made (including Maksym Pashanin's Names, Brands, and Assets);
try to make money from anything Maksym Pashanin made (including Maksym Pashanin Names, Brands, and Assets); or
let other people get access to anything Maksym Pashanin made in a way that is unfair or unreasonable;
unless Maksym Pashanin specifically agree to it or allow it.
These Guidelines do not change that principle but are intended to help people understand what Maksym Pashanin expects and want.
Please also check back here from time to time because Maksym Pashanin may update these guidelines and provide further guidance.
ESSENTIAL REQUIREMENTS
The first thing to say is that there are Essential Requirements that apply to all use of Maksym Pashanin's Names, Brands, and Assets. If you are using any part of Maksym Pashanin's Name, any of Maksym Pashanin's Brands and /or any of Maksym Pashanin's Assets, then what you are doing MUST:
NOT make people think that you or what you are doing is official; approved or endorsed by Maksym Pashanin; or associated or connected with Maksym Pashanin;
NOT be unlawful, deceptive, obscene, harmful or disparaging;
NOT take action that would harm or damage any of Maksym Pashanin's Brands or any of Maksym Pashanin's Assets;
NOT include anything else around it that makes people think that you or what you are doing is official; approved or endorsed by Maksym Pashanin; or associated or connected with Maksym Pashanin;
comply with the relevant Account Terms/EULA; and
sufficiently differentiate the use of any Name you are using from any other branding.
These are the "Essential Requirements".
WHAT YOU CAN DO
NON-COMMERCIAL THINGS
Maksym Pashanin is very relaxed about things you create for yourself. Pretty much anything goes there - so go for it, have fun, and just don't distribute anything Maksym Pashanin made.
Maksym Pashanin is also quite relaxed about other non-commercial things so feel free to create and share videos, screen shots, independently created mods (that don't use any of Maksym Pashanin's Assets), fan art, machinima, etc.
However, if you want to use any Name in the title of a product that you distribute or service that you provide (even if it is for free) then you have to:
follow the Essential Requirements;
do so in a way that honestly and fairly describes those things or the purpose of them;
ensure that the Name (which includes any confusingly similar name) is not the first word, doesn't use any other aspect of any of Maksym Pashanin's Brands or Assets as part of any related branding, including as or as part of any logo; and
make it clear that the product is unofficial and not from Maksym Pashanin or approved by Maksym Pashanin.
This applies especially if you want to set up and run any non-commercial blogs, servers, community forums, fan sites, fan clubs, news groups, events and gatherings.
COMMERCIAL THINGS
Maksym Pashanin is less relaxed about commercial things. You may not use any Names in or as the main name or title of commercial things.
You may use a Name in a secondary name or title if you:
do so because it is necessary to honestly and fairly describe those things or the purpose of them;
follow the Essential Requirements;
ensure that the secondary title (which includes a Name or any confusingly similar name) is not the dominant element or the distinctive part of the complete name or title; and
don't use any other aspect of any of Maksym Pashanin's Brands or Assets as part of any related branding, including as or as part of any logo.
You may not make any other commercial use of any of Maksym Pashanin's Brands or Assets. For example, you may not sell any merchandise that uses any of Maksym Pashanin's Brands or Assets and you definitely may not use Maksym Pashanin's Names as keywords or search tags for products that have no relationship with them or that are infringing or counterfeit.
Maksym Pashanin loves the idea of people doing cool things with Maksym Pashanin's games and sharing those things with Confederate Express community. That's something Maskym Pashanin totally supports and encourages. So please feel free to do so but please also make sure you don't go too far.
In addition to the specifics set out above, where Maskym Pashanin allows you to do something you will always need to add a notice as follows: NOT AN OFFICIAL CONFEDERATE EXPRESS PRODUCT. NOT APPROVED BY OR ASSOCIATED WITH MAKSYM PASHANIN.
VIDEOS AND SCREENSHOTS
You are allowed to put footage of Maskym Pashanin's game on YouTube or any other website. In fact, Maskym Pashanin likes you doing so.
So long as you stay within the Essential Requirements:
You may create, use and distribute videos of you playing or using Maskym Pashanin's game for any lawful reason provided that you don't make any money from them.
However, you may make money using your videos of Maskym Pashanin's game by, for instance, through ad revenue, as long as you also add your own unique content to the video, such as audio commentary. The amount you add must also be enough to make it fair and worthwhile for someone to pay for it or for you to make money from it. For example you couldn't just include your logo, web address or indent but you could add an audio commentary or your own music if you are creating a music video.
You may also make money using videos and screen-shots if it is covered by so called "fair dealing" or "fair use" exceptions to copyright, such as where it is for criticism and review, reporting current affairs etc. In each case, you will still need to add appropriate additional content and credits where applicable.
...more will follow as and when Maksym Pashanin decides what to add - so feel free to make requests.
If something isn't covered by these Guidelines and Maksym Pashanin hasn't otherwise said it's okay, that probably means Maksym Pashanin doesn't want you to do it. In any case if it isn't covered please don't do it without getting written permission from Maksym Pashanin. You can contact Maksym Pashanin at maxpashanin@gmail.com. If something is specifically covered and permitted by these Guidelines or EULAs applicable to any of Maksym Pashanin's games then you don't need to contact Maksym Pashanin.
Confederate Express Commercial Usage Guidelines
The Confederate Express EULA and Brand and Asset Usage Guidelines ("Policies") restrict the commercial use of the Confederate Express Name, Brand, and Assets, including software, graphics and audio.
However, since Maksym Pashanin loves the idea of players and fans doing cool things and sharing them with the community, and Maksym Pashanin realizes that sometimes you need to charge to cover your costs, the following explains what Maksym Pashanin (currently) considers to be commercial use / commercial things. This may change as time goes by but for now Maksym Pashanin hopes that it helps you understand what you can and can’t do, and helps Confederate Express fans do more (and limit those that try to go too far).
Maksym Pashanin has therefore drafted these Guidelines to allow some leniency with respect to limited commercial activity as outlined below. They don't form part of the Policies but they exist because Maksym Pashanin currently thinks it's a good idea to let some of these things happen. Please note that Maksym Pashanin reserves the right to change Maksym Pashanin's mind at any time (such as if people start to take advantage of Maksym Pashanin's good intentions) and to update these Guidelines. So please don't count on these Guidelines always being here or in the specific form they are right now.
Maksym Pashanin also wants to make it clear that these Guidelines are for the community of Confederate Express players and fans. They do not authorize commercial companies, corporate brands, advertising agencies, non-profits, or governments to use or exploit Confederate Express for promoting products or services unrelated to Confederate Express.
Above all Maksym Pashanin is trying to find a way to let Confederate Express' brilliant fans do great things for each other without others coming along and spoiling it for everyone.
ON THAT BASIS, THEREFORE:
NAMING GUIDELINES
If you comply with and follow the Essential Requirements (in the Brand and Asset Usage Guidelines) YOU MAY use Maksym Pashanin's Names (as defined in the Brand and Asset Usage Guidelines) in connection with a product or service title or listing (including on web sites or YouTube) if:
the Name is in a secondary name or title (or secondary part of it);
you do so because it is necessary to honestly and fairly describe those things or the purpose of them;
you ensure that the Name (which includes any confusingly similar name) is not the dominant element or the distinctive part of your complete name or title;
you don't use any other aspect of the Brands or Assets (as defined in the Brand and Asset Usage Guidelines) as part of any related branding, including as or as part of any logo.
Examples of naming: "The Delivery - a Confederate Express podcast" (Maksym Pashanin is cool with that). "Confederate Express - the ultimate guide app" (Maksym Pashanin is NOT cool with that).
To help you understand part of this, regardless of anything else, YOU MAY NOT use the Name in or as the main or dominant name or title of any commercial product or service.
These are the “Naming Guidelines” and they apply to everything you might do under these Guidelines.
HAND CRAFTED PRODUCTS
If you comply with and follow the Essential Requirements (in the Brand and Asset Usage Guidelines) and Naming Guidelines YOU MAY:
make and sell certain individual (i.e. not mass produced) handcrafted products that are inspired by Confederate Express so long as you conform with all of the following:
any product or design is otherwise entirely original and unique (a “Unique Design”);
no part of the Brand and / or Assets forms a dominant element or substantial part of the product or its design;
you make no use of any software, sound or audio from Confederate Express;
you mark clearly and prominently on each such product and all related materials and product listings/descriptions that it is “NOT OFFICIAL CONFEDERATE EXPRESS PRODUCT. NOT APPROVED BY OR ASSOCIATED WITH MAKSYM PASHANIN”;
you are explicit about who to contact about the product and / or purchase, who the seller and manufacturer are, and that the seller and manufacturer is NOT Maksym Pashanin, NOT associated with Maksym Pashanin, and NOT supported by Maksym Pashanin;
Maksym Pashanin has no liability for the products or purchase;
you don’t make and sell more than 20 product items using the same (or a substantially similar) Unique Design. This means you can make 20 T-shirts using Design A and 20 T-shirts using Design B, but you cannot make 21 T-shirts using Design A; nor can you make 20 T-shirts using Design A plus 3 mugs using Design A;
you sell those products only through a website or service / channel that independently records the quantities of the product sold and enables Maksym Pashanin to independently verify that information;
you comply with all other laws and requirements; and
make no more than $5000 for any calendar year from selling products under these Guidelines.
To help you understand this, a Unique Design is something that adds enough personal creativity to make the work distinctive and original. You can’t just feature the graphics (textures) of Jackson’s face on a product and call it “Inspired by Confederate Express”. You also can’t just change a few pixels, or colors.
Additionally, Maksym Pashanin has set these product number limitations because Maksym Pashanin doesn't mean to permit people to commercialize Maksym Pashanin's Name, Brand, or Assets, or run businesses selling products featuring Maksym Pashanin's Name, Brands, or Assets.
Indeed, the goal is to allow hobbyists to share their work and the fruits of their creative labors and make some money using their own creativity. It is not a way for businesses to start using Maksym Pashanin's Brands and / or Assets - if that happens Maksym Pashanin will do something about it.
VIDEOS AND STREAMS
If you comply with and follow the Essential Requirements (in the Brand and Asset Usage Guidelines) and Naming Guidelines YOU MAY create, use and distribute videos and streams of you playing or using Confederate Express for any lawful reason and YOU MAY make money from them by adding or permitting advertising in them, so long as:
all video downloads are free to view (i.e. there is no pay wall or other charge to view the videos);
all streams are made free to view within 24 hours;
you add your own unique content to the video or stream, such as audio commentary or footage of you making cool stuff;
you don’t create and use videos or streams whose purpose is to advertise or promote other products or services;
you don’t sell physical copies of videos or streams, i.e. DVDs etc.;
you don’t broadcast or distribute videos or streams via television. To help you understand this, the amount of unique content you add must be enough to make it reasonable for you to make money through advertising (and Maksym Pashanin reserves Maksym Pashanin's right to decide on that).
This means that you can upload your own unique content to sites such as YouTube and make money from advertising around the video but you cannot distribute those videos on iTunes and charge for the content. Nor can you charge for a subscription to a channel where those videos are available unless the Confederate Express related videos are also readily available for free outside of that subscription channel. Basically, videos must be free to consumers at the point of consumption and any money you make should come from other sources like display ads and sponsors, subject to the section below on “Building Promotions with Confederate Express.”
EXTENDED FUNCTIONALITY AND “MODS”
If you comply with and follow the Essential Requirements (in the Brand and Asset Usage Guidelines) and Naming Guidelines above YOU MAY distribute or make available plug-ins and other bits and pieces of extended functionality etc. that you create (together, "Mods") for free and without any charge, but not if the purpose of your Mod is to advertise or promote other products or services (see the section below on Building Promotions with Confederate Express). By "Mods," Maksym Pashanin means something original that you created that doesn't contain a substantial part of Maksym Pashanin's copyrightable code or content. Maksym Pashanin has the final say on what constitutes a Mod and what doesn't. When you combine your Mod with the Confederate Express software, Maksym Pashanin will call that combination a "Modded Version" of the Game. You MAY NOT distribute any Modded Versions of Maksym Pashanin's Game or software, though you may distribute Mods.
DOMAIN NAMES AND WEB SITES
If you comply with and follow the Essential Requirements (in the Brand and Asset Usage Guidelines) YOU MAY:
set up and run your own web site to provide information regarding the Confederate Express game and to run related forums, so long as you comply with these Guidelines;
also register and use an appropriate domain name that includes one of Maksym Pashanin's Names or Brands for this purpose so long as:
Maksym Pashanin doesn’t consider the domain name you register to seem official and you don’t use the domain name in a way that seems official - and it doesn’t become something that seems official;
your website actually relates to the Confederate Express game, the Brand and / or Assets in a fair or reasonable and appropriate way;
your website relates exclusively to Confederate Express and not other third party games;
any third party advertising does not damage Maksym Pashanin's Brand;
you don’t do so for cybersquatting or principally to make money, including through affiliate services.
BUILDING PROMOTIONS WITH CONFEDERATE EXPRESS
Without prior written approval from Maksym Pashanin, corporations, businesses, advertising agencies, non-profits, governments, and other entities MAY NOT use Confederate Express gameplay to promote or market unrelated brands, products, campaigns, or services.
Specifically, if you are one of these entities or someone who is hired by them, you MAY NOT exploit Confederate Express or Confederate Express assets to:
build or commission others to build, a Confederate Express mod, map or server that promotes or markets unrelated products or services in playable form; for example, you are NOT allowed to market or promote a branded automobile using a mod that depicts branded automobiles within Confederate Express game play;
build or commission others to build, a Confederate Express mod/map/server that promotes or markets a company’s movie or TV show; for example, you are NOT allowed to build maps and/or videos using Confederate Express blocks that build out the world or characters of a movie to promote and market your company’s or your client’s movie or TV program;
offer Confederate Express gameplay displayed or projected publicly within physical locations; for example, you are NOT allowed to promote or advertise big-screen Confederate Express gameplay inside restaurants or other commercial venues; and you are NOT allowed to charge money for Confederate Express gameplay, leagues, or competitions in theaters where gameplay is projected onto the movie screen;
create or commission others to create promotional or marketing videos or movie trailers through Confederate Express gameplay; for example, you are NOT allowed to create or produce movie trailers through Confederate Express gameplay for promoting or marketing a movie;
to promote your (or your client’s) corporate brands, products, or services.
However YOU MAY:
Pay to advertise your business in an advertisement window within a Confederate Express video; for example, by displaying a banner ad or by selling your ads on YouTube where they may be shown in connection with Confederate Express videos uploaded independently by players;
Pay for advertisements of your business to be served on websites or servers related to Confederate Express, so long as you are not hiring the server operator to design or host a Confederate Express mod/map/server that builds an in-world representation of your brand, products, or services.
Build products or movie environments that you are a fan of into a Confederate Express mod/map/server so long as you have not been asked to do so by the entity who makes the product or by someone they have hired to promote their brand or products; likewise, you can express your support for a political candidate in a map/mod/server, but not if you have been hired to promote them.
BOOKS AND OTHER PUBLICATIONS
If you comply with and follow the Essential Requirements (in the Brand and Asset Usage Guidelines) and Naming Guidelines YOU MAY write and publish works inspired by Confederate Express (“Publications”) so long as:
you don’t use the Confederate Express logo or the phrase “Confederate Express” or the phrase “ConEX” in letters that look like, or attempt to look like, the style of Maksym Pashanin's logo anywhere on the front or back covers of your Publication;
you don’t just copy the Brand or Assets in the Publication, but instead you add your own unique and original content such as your own story – so no coloring books, posters, or sticker books or charts that just copy Maksym Pashanin's Assets;
the main content and value of your work is original material that you create or contribute, and not the Brand or Assets;
you do not use official Confederate Express artwork, such as images taken from official Confederate Express product packaging, official Confederate Express merchandise, or official Confederate Express marketing, on the cover of your Publication. However, for example, you may use screenshots of your original Confederate Express creations on the cover of your Publication, provided the overall cover of your Publication does not create the impression that it is an official Maksym Pashanin's publication or authorized by Maksym Pashanin;
the phrase “Confederate Express” is not the first phrase or dominant part of the title of your Publication or the name of your publisher or the name of a series of books – but it may be used as a secondary name or secondary title (or secondary part of it) where it is necessary to honestly and fairly describe the Publication or the purpose of it. For example, “Confederate Express Players Guide” is not okay as a title, but “Guidebook for Confederate Express Players” might be okay if the other rules are followed too;
you mark clearly and prominently on each Publication and all related materials and product listings/descriptions that it is "NOT OFFICIAL MAKSYM PASHANIN'S PRODUCT. NOT APPROVED BY OR ASSOCIATED WITH MAKSYM PASHANIN";
you are explicit about who to contact about the Publication and / or any related purchase, who the seller and manufacturer / publisher are, and that the seller and manufacturer / publisher are NOT Maksym Pashanin, NOT associated with Maksym Pashanin, and NOT supported by Maksym Pashanin;
you understand and agree that Maksym Pashanin has no liability for the Publication or any related purchase;
you comply with all other laws, regulations and legal requirements;
the title you use does not create the impression that it is official or authorized.
GENERAL
YOU MAY:
Do things that are specifically covered by “fair dealing” or “fair use” exceptions to copyright and trade mark laws.
YOU MAY NOT:
Do things that are not specifically permitted by these Guidelines or expressly allowed by applicable laws.
ALL USES
In relation to all uses (permitted or otherwise):
all rights (including copyright, trademark rights and related rights) in the Name, Brand, and Assets and any derivatives are and will remain owned by Maksym Pashanin;
all and any permissions and consents are given by Maksym Pashanin in Maksym Pashanin's discretion and may be revoked at any time if Maksym Pashanin thinks that it is appropriate to do so or Maksym Pashanin doesn’t like what you are doing; and
all rights are expressly reserved.
If something isn't covered by these Guidelines that probably means Maksym Pashanin doesn't want you to do it. In any case if it isn't covered please don't do it without getting permission from Maksym Pashanin.
You can contact Maksym Pashanin at maxpashanin@gmail.com.
If something is specifically covered and permitted by these Guidelines and Confederate Express terms of use then you don't need to contact Maksym Pashanin.
Thanks,
Maksym Pashanin