Fan Content Terms of Use

Thirteen Games, LLC, an Illinois limited liability company

Effective Date: September 29, 2021

Last Modified: September 2021

These Fan Content Terms of Use (these “Terms”) govern your limited usage of certain intellectual property (the “Company IP”) of Thirteen Games, LLC, an Illinois limited liability company (“we” or “us” or “our”). We are excited about your interest in our games and would like to encourage you to create, share, and post content about our games on your social media accounts (“User Accounts”). However, after much blood, sweat, and tears (and money!) spent on the creation and development of the Company IP, we also need to protect our rights. Thus, we have developed these Terms to clarify and govern your use of the Company IP.

By using the Company IP, you accept and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Company IP. Please read these Terms carefully and make sure that you understand them. These Terms are in addition to any other agreements between you and us, including our Terms of Service and Privacy Policy.

We may modify or update these Terms from time to time. If we believe that the changes are material, we may provide notice to you by (1) posting the changes on our sites or services, or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Company IP. Changes to these Terms will be effective upon the posting of such changes or at such later time as may be specified in any updated Terms. You are responsible for reviewing and becoming familiar with any changes. Your use of the Company IP following the implementation of such changes constitutes your acceptance of the updated Terms. Please check these Terms regularly.

Use of the Company IP is offered and available solely to users who are 18 years of age or older and who reside in the United States. By using the Company IP, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the eligibility requirements set forth in these Terms. If you do not meet all of these requirements, you may not access or use the Company IP. We reserve the right to change the eligibility requirements based upon product approvals, regulatory considerations, or otherwise as determined in our sole discretion. To the extent we request or require any information from you, you represent and warrant that such information is truthful, accurate, complete, and current.

1. Information About Our Company

Thirteen Games, LLC
Box #113
655 Deerfield Road, Ste 100
Deerfield, Illinois 60015

To contact us regarding these Terms, please email hello@thirteengames.com.

We currently operate the following sites: novaisland.com, twitter.com/thirteen_games, and twitter.com/playnovaisland.

2. Limited Permission to use the Company IP

Subject to these Terms and any other agreements between yourself and us, we grant you limited, non-transferable, non-exclusive, and revocable permission to create Fan Content (defined below) using the Company IP. However, such permission shall immediately be revoked: (1) if your Fan Content is Commercial (defined below), (2) if your Fan Content contains anything illegal, defamatory, obscene, or offensive (in each case as determined by us), (3) if your Fan Content is used anywhere other than on the internet, or (4) otherwise at any time in our sole discretion. Your Fan Content (a) must not infringe upon or otherwise violate the rights of any third parties (including such third parties’ intellectual property rights), and (b) may not include leaks or other non-public information about us or the Company IP.

As used in these Terms, “Fan Content” means anything you create using the Company IP, including videos, live streams, websites, tutorials or walkthroughs, podcasts, or fan art; and “Commercial” means that you charge a fee to access your Fan Content, provided that the following forms of monetization are permitted and shall not cause your Fan Content to be considered Commercial: (a) ads placed in the ordinary course of business on your websites or other materials containing the Fan Content (e.g., YouTube partner ads overlayed on videos), (b) sponsorships, or (c) donations, in each case to the extent you comply with all applicable laws, rules, regulations, and policies.

You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc. containing your Fan Content. You will not transmit your Fan Content with any software viruses or any other harmful computer code, files, or programs. You will not disrupt servers or networks connected to our sites. You must not defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities and you must not post private or confidential information in connection with your Fan Content.

We take no responsibility and assume no liability for any Fan Content posted by you or any third party. You are solely responsible for your interaction with other users, whether online or offline, and you agree that we are not responsible or liable for the conduct of any user.

You will not challenge our ownership or other rights in the Company IP or any component thereof. Except as expressly set forth herein, you may not use the Company IP.

3. License to Fan Content

As a material inducement to using the Company IP as set forth herein, you hereby grant us a full, transferable, exclusive, sublicensable, and irrevocable license to your Fan Content. We may use, modify, share, or improve your Fan Content for commercial and non-commercial purposes without any compensation to you. Alternatively, in our discretion, we may elect not to use, modify, share, or improve your Fan Content.

Use of any of your Fan Content does not imply our endorsement of or any affiliation with you. We shall not be responsible for any other parties’ use of your Fan Content, even if such third-party use originated with or is derived from our use.

4. Disclaimer on Fan Content

It is imperative that your Fan Content not be confused for our official website, videos, or materials. As such, you may not create Fan Content that mimics our materials or is otherwise designed to portray to a third party that the Fan Content is created or endorsed by us. All Fan Content must include the following disclaimer: “These materials are unofficial fan content permitted under the Thirteen Games, LLC Fan Content Terms of Use, which is available at https://novaisland.com/fan-content-terms-of-use. Portions of these materials may contain the proprietary materials of Thirteen Games, LLC.”

For the avoidance of doubt, you may not register or use any marks, logos, domain names, or names that are confusingly similar to our marks, logos, domain names, or names. You may link to our sites in your Fan Content, provided you do so in a way that is fair, in compliance with all applicable laws, rules, and regulations, and does not damage our reputation; provided that you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part of your Fan Content.

5. Attorneys’ Fees

In the event we, or any of our affiliates, employees, representatives, or agents, are pulled into any legal action, you are solely responsible for paying all of our costs, including all attorneys’ fees and any resulting judgment or settlement. Moreover, we reserve the right to take legal action against you for your misuse of the Company IP or for your noncompliance with these Terms; to the extent we prevail in such action, you will be responsible for our attorneys’ fees.

6. Your Representations

By creating Fan Content or otherwise using the Company IP, and thus agreeing to these Terms, you represent, warrant, and covenant to us that:

You are at least 18 years of age or are legally considered an adult in the State or Country where you reside;
You have full power and authority to agree to these Terms;
Your Fan Content is your own original creation, you did not take your Fan Content from another website, social media posting, person, or elsewhere, your Fan Content does not contain anything that violates or infringes the rights of any person or entity, and you own or have a valid license to use all components of such Fan Content;
Your Fan Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person who prohibits such use;
Your Fan Consent does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party;
You have permission from any person(s) appearing in your Fan Content to create, post, or share such Fan Content, and all such person(s) are at least 18 years of age or are legally considered an adult in the State or Country where such person(s) reside(s);
Your creation, upload, posting, or sharing of your Fan Content does not violate any applicable laws, rules, or regulations, including any terms and conditions of the social media platform(s) where you uploaded or posted such Fan Content;
Your Fan Content does not contain anything illegal, defamatory, obscene, or offensive;
You confirm and agree that our use of your Fan Content as set forth herein does not and shall not require any payment to any person or entity and does not require license, authorization, approval, or consent by any person or entity other than yourself; and
You have read and you agree to comply with these Terms, specifically including this Section 6.

You understand and agree that by granting us permission to use your Fan Content pursuant to Section 3, you, on behalf of yourself and any other person(s) in your Fan Content, release us from any claims, demands, liabilities, losses, damages, or expenses of any kind arising in connection with your Fan Content. You agree to indemnify, defend, and hold harmless us, or any of our affiliates, employees, representatives, or agents, from and against any claims, demands, liabilities, losses, damages, or expenses (including attorneys’ fees) related in any way to our use of your Fan Content.

7. Disclaimer of Warranties

ALL INFORMATION AND OTHER MATERIALS PRESENT OR ACCESSIBLE ON OR THROUGH OUR SITES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES CONCERNING THE NATURE OR ACCURACY, EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.

WE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SITES, ANY CONTENT, IMAGES, OR CONTENT SUPPLIED BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATIONS OF OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITES, SERVERS, OR ANY E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE ABOVE, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY WITH REGARD TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH OUR SITE IS LINKED. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM SUCH LINKED SITE.

THE INFORMATION, PRODUCTS, SOFTWARE, OR SERVICE DESCRIPTIONS PUBLISHED ON OUR SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. WE DISCLAIM ALL LIABILITY FOR SUCH ERRORS AND DO NOT WARRANT OR REPRESENT THAT THE CONTENT ON OUR SITES OR A LINKED SITE IS UPDATED OR COMPLETE. WE HAVE NO OBLIGATION TO UPDATE ANY CONTENT ON OUR SITES AND MAY CHANGE OR IMPROVE OUR SITES AT ANY TIME WITHOUT NOTICE.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH OUR SITES, IF ANY, BY ANY PARTY OTHER THAN US.

8. Limitation of Liabilities

IN NO EVENT WILL WE, OUR RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE SERVICES OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED US ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE, OR CONTENT OF OUR SITES, A LINKED SITE, OR THE COMPANY IP WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.

THIS LIMITATION ON LIABILITY INCLUDES TRANSMISSION OF VIRUSES THAT INFECTS YOUR EQUIPMENT, MECHANICAL OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE EVENT.

9. Other Important Terms

These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

We may terminate these Terms at any time without notice, and accordingly may deny you access to the Company IP, if in our sole judgment you fail to comply with any term or provision of these Terms. Your obligations and liabilities incurred prior to the termination date shall survive the termination of these Terms for all purposes.