BACKGROUND AND INTRODUCTION
Mob Entertainment is flattered and grateful for our dedicated fan community (after all, many of us here are Mob Entertainment are fans just like you). The passion and engagement level of our fans is second to none, and we appreciate and recognize thedesire of our fans to generate artwork and other content based on our intellectual property.
Generally speaking, unauthorized use of our video games, including the characters, names, logos, artwork, videos, music and other intellectual property therein without our permission is a violation of our legal rights and subject to appropriate recourse. However, to foster our fan community and the awesome content that is generated by and shared with the fan community, we have crafted this fan-generated content policy to be as fan-friendly as possible, but with certain limitations in place to protect the intellectual property that we spend so much time, energy and money to develop. Protecting our intellectual property helps us make more of the stuff you like and keeps this train rolling!
This FGC Policy is part of a suite of Mob Entertainment policies including other policies such as our Privacy Policy and EULA, which individually and collectively govern your participation in and use of our video games and any Mob Entertainment IP. Mob recommends you read all our Mob Entertainment Agreements as they refer to each other in various ways and set forth important legal and other conditions. Common definitions used in each of our policies are set forth in our Privacy Policy.
Mob Entertainment reserves the right, at any time and in its sole and absolute discretion, to update, revise, change, supplement, or delete or otherwise modify certain provisions (collectively “Updates”) of this FGC Policy. Mob Entertainment will inform you about Updates by notice on www.mobentertainment.com, at least by way of the “Last Updated” date. Unless indicated otherwise, such Updates affecting existing Mob Entertainment video games and related services shall be effective at the earlier of your acceptance by making FGC, or thirty (30) days after posting.
We created this FGC Policy to outline prohibited and permitted uses of Mob Entertainment IP. Please read this FGC Policy carefully as the terms herein represent a binding agreement between you and the Company. By partaking in the creation of FGC, you are agreeing to be bound by these the terms herein, including any and all of your warranties and representations contained herein. Mob Entertainment, in its sole discretion, can revoke your permission to create FGC at any time and for any reason in accordance with protecting and enforcing its rights in and to the Mob Entertainment IP.
IF YOU DO NOT AGREE TO THIS FGC POLICY, YOU MAY NOT CREATE FGC.
PROHIBITIONS
You are forbidden from creating FGC based on Mob Entertainment IP that violates the conditions of this FGC Policy and any other Mob Entertainment Agreements, such violations constituting unauthorized usage of Mob Entertainment IP. In particular, you must adhere to the following conditions (compliance to be determined at the sole discretion of Mob Entertainment):
- All FGC must comply with all applicable laws, may not violate the rights of others, and must not be obscene, sexually explicit, defamatory, offensive, objectionable, or harmful to others (as determined by Mob Entertainment).
- All FGC must have no commercial (i.e., monetary) objective or purpose (except in the limited manner set forth herein). This means:
- You can’t place your FGC behind paywalls and/or require any fees, payments, surveys, downloads, subscriptions, or email registration to access your FGC.
- You can’t sell or license your FGC to any third parties for any type of compensation.
- Your FGC must be free for others to view, access, share, and/or use,without paying you anything, obtaining your approval, or giving you credit.
- You may not convey nor imply that your FGC is official or otherwise endorsed or approved by Mob Entertainment.
- You are prohibited from (i) naming/titling your FGC in such a way that the dominant or distinctive element of your FGC name/title consists of Mob Entertainment IP, and (ii) using any of our company logos in any FGC, such as
- Your FGC may not include links to any website that promotes or exploits cheats or hacks to Mob Entertainment’s video games or any other for-profit video games.
- You may not create or use any FGC in a manner that could cause people to believe that it is an official Mob Entertainment production.
- For example, a fan website may not be designed to look like an official Mob Entertainment website (including our official merchandise website at www.poppyplaytime.com), and it must be clear to visitors that the website is not an official Mob Entertainment website.
- You may not use any Mob Entertainment IP in any manner that is derogatory to Mob Entertainment or that may damage the value, reputation, or goodwill of Mob Entertainment or its products or brands.
- Do not register or use any domain name that is confusingly similar to our domain names.
- Do not distribute or redistribute our games without our written permission.
PERMISSIONS
You may create FGC based on Mob Entertainment IP subject to the conditions of this FGC Policy and all other Mob Entertainment Agreements. All FGC must be consistent (and appropriate) with the spirit, tone and audience of Mob Entertainment IP. The guidelines below provide examples of permitted FGC and other related information.
Examples of permitted FGC:
- You are permitted to use assets (such as models) from our video games solely for the purpose of making FGC that is non-commercial (except as to this monetization permitted herein), so long as your FGC does not violate any of the prohibitions herein or in any other Mob Entertainment Agreements, and that you do not remove any copyright notices, logos, trademarks, or other notices existing within the Mob Entertainment IP.
- This exception permits FGC fan-games that utilize such assets, so long as the fan-game is non-commercial (except as to the monetization permitted herein) and does not stray too far into the territory of official Mob Entertainment video games, as determined solely by Mob Entertainment. We realize this line may be blurry – to keep yourself out of our doghouse, we recommend FGC fan-games not overlap in any substantial manner with the gameplay, mechanics, style, and/or format of Mob Entertainment’s video games.
- If you choose to use a sponsor, do not use a sponsor that would be harmful or otherwise in competition with Mob Entertainment, or a sponsor that otherwise partakes in conduct that is prohibited herein. Please also:
- Provide notice that the sponsor is just that – a sponsor.
- Keep any shout-outs, mentions, and/or credits (“Credits”) to the sponsor secondary to those for Mob Entertainment, and keep the duration of such Credits to a reasonable length (after all, you are making FGC based on Mob Entertainment IP).
- Do not associate Mob Entertainment with your sponsor in any way unless you receive written authorization from us first.
Mob Entertainment reserves all rights in and to Mob Entertainment IP and to pursue legal action against those who exceed or otherwise violate the scope of this FGC policy and other applicable terms of any other Mob Entertainment Agreements.
OWNERSHIP
Most if not all FGC constitutes a derivative work of Mob Entertainment IP, a right which is exclusive to Mob Entertainment. That being said, we wish to promote our fan community and do not intend to invoke such rights for FGC that adheres to this FGC Policy and all other Mob Entertainment Agreements (even though we do reserve all such rights and will assert them if need be). In exchange for the permissions granted herein, for any FGC that is not deemed to be a derivative work of Mob Entertainment IP, you hereby grant to Mob Entertainment a worldwide, royalty-free, fully paid-up, unlimited, and exclusive license and right in and to your FGC, such that Mob Entertainment (along with its affiliates, successors and assigns) can utilize the FGC as if Mob Entertainment were the original creator and owner.
To the extent your FGC may be found by any court of competent jurisdiction to be transformative or fair use under copyright law, you agree to never seek formal copyright registration of any such work with any government entity such as the U.S. Copyright Office, and you grant the Company an exclusive option with right of first refusal to obtain all right, title and interest in and to such work.
On a related note, if we conduct any Promotions, we will provide a separate agreement for such Promotions. In general, the agreement for such Promotions will require your consent that you are irrevocably assigning, conveying, and transferring all right, title, and interest, worldwide, in and to any FGC submitted as part of the Promotions to Us, and to execute and deliver to Mob Entertainment any requested documents, including but not limited to a written assignment, that may be necessary to effect Mob Entertainment’s full and clear ownership and title in and to your Promotions submission.
MISCELLANEOUS
This FGC Policy is for clarifying permitted (and prohibited) uses of Mob Entertainment IP, thereby removing barriers to sharing. By creating FGC, you agree to let everyone (even Mob Entertainment) share and use your FGC without asking your permission. If you believe your FGC constitutes fair use or is otherwise transformative and is potentially not covered by this FGC policy, please reach out to us to discuss.
Believe us when we say that we do not want to sue our fans, and we certainly do not want to get sued for highlighting any top-notch FGC on our social media pages and such. Please do not do anything that stands the chance of creating potential legal battles. The point of this FGC Policy is to foster the community and avoid involving lawyers. If Mob Entertainment, our partners, affiliates, or employees are subject to any legal claims, fees, or expenses related to your FGC, you are responsible for paying all of our costs (including attorney’s fees) and any resulting judgment or settlement.
Mob Entertainment does not waive or disclaim any rights in or to anything that happens to not be expressly mentioned herein. For example, if a trademark or logo is not listed or referenced above, that does not mean Mob Entertainment has waived any rights to such. On a related note, if your FGC format or monetization method is not mentioned or contemplated by the provisions of this FGC Policy, you’ll need our prior written approval for such. In general, if you have any doubts or questions, it is always best to ask us.
All of the provisions included or referenced herein, alone or in any combination, can be used by Mob Entertainment to arrive at a decision as to whether your FGC will be permitted or will be subject to action (e.g., takedown request) by Mob Entertainment. As such, it is in everyone’s best interest for there to be full compliance with this FGC Policy and all other Mob Entertainment Agreements.
Please review this FGC Policy carefully and contact us if you have any questions at privacy@mobentertainment.com.
Last Updated: May 31, 2023
