Welcome to Space Epic Untitled Creator's Community, a Kuma, LLC (“Us” or “Our” or “We”) Wikidot Website
These Terms of Use (“Terms”) are a legal contract between you (“You” or “Your”) and Us (collectively, “Everyone”) and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) of Our Wikidot website (“Website”).
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
1. INTRODUCTION.
We, the owners of the Website, have created this site for fans to join with Us in creating the next episode of Kuma's episodic game series and sci-fi epic tale “Space Epic Untitled.” Thanks for Your help! This is an experiment — We're taking the crowdsourcing approach that has made the Internet great, and applying it to mass entertainment.
We're excited to see what comes out.
Since You're participating in this Website, because You want to play in our world, You understand that by participating in this Website, You are contributing to our commercial products. We plan on using Materials here and releasing new episodes based on what Everyone creates together, and We obviously need the rights to develop our content based on Your participation, and to the extent you do contribute to our content, you hereby irrevocably assign said contributions to Us. But We don't make any promises about the content You post making it into any of our products. Or even that there will be future products.
You also understand that anything You post is not confidential and other people may see it. We (and potentially other fans of the site) may edit or change or even remove Your content temporarily or permanently. We might do that because the things You post are objectionable, wrong, not in keeping with our story, in or are formatted in some way that bugs everybody, or some other reason. We may not tell You the reason. We're shaping a universe, and We reserve the right to edit everything posted to this Website as We see fit in our sole discretion.
2. CHANGES.
We may choose to modify, suspend or discontinue this Website at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because Everyone benefits from clarity, we promise to inform You of any modifications to these Terms by posting them on the Website.
If you would like to be notified of changes to these Terms of Use, please use the wikidot "watch" feature for this Terms page (which feature, at the time of this writing is "on" by default for new members) to receive notifications in your Wikidot profile message inbox; you can choose to have this and other notifications forwarded to your email by changing your Wikidot profile settings. To be sure You are properly notified, please keep your Wikidot profile up to date with your current email or check you Wikidot message center frequently.
If You object to any such modifications, Your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such modifications indicates that You acknowledge and agree to be bound by the modifications.
3. GENERAL USE.
By using this Website, You promise that You are at least 18 years of age. We invite You to use this Website for individual, consumer purposes (“Permitted Purposes”) – enjoy! In these Terms, We are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials when using the Website; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in this Website or any Materials, and You may not modify, edit, copy, reproduce, repost, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner, except to the extent necessary to submit User Submissions (as defined below) to Us. If You make copies of any of this Website while engaging in Permitted Purposes, then We ask that You be sure to not alter or remove the appearance of Our copyright and other proprietary notices as they appear on this Website. Unfortunately, if You breach any of these Terms, the above license will terminate automatically, and You must immediately destroy any downloaded or printed Materials (and any copies thereof).
4. SUBMISSIONS.
Certain areas of this Website permit You to submit feedback, information, videos, data, text, software, messages, pictures, drawings, photos, storylines, characters or other materials (each, a “User Submission”). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted. By submitting any User Submission, You are promising Us that:
- Immediately prior to Your assignment to Us, You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to assign to Us the rights in Your User Submissions as described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
- Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all “moral rights” that You may have in Your User Submission;
- Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;
- To the extent that the likeness of real people appear in your submissions, you warrant and guarantee that you have all necessary rights to use, modify, publish and assign those rights, and You hereby irrevocably provide a royalty-free, world wide license to all of those rights to Us.
- Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;
- Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
You hereby irrevocably assign to Us all of Your right, title and interest in and to any and all of Your User Submissions. Without limitation of the foregoing, We shall exclusively own all now known or hereafter existing rights to Your User Submissions, in perpetuity, throughout the world and shall be entitled to unrestricted use of the User Submissions for any purpose whatsoever, commercial or otherwise, without compensation to You as the provider of the User Submissions. To the extent any of the rights, title and interest in and to Your User Submissions cannot be assigned by You to Us, You hereby grants to Us an exclusive, royalty-free, transferable, irrevocable, worldwide, fully paid-up license (with rights to sublicense through multiple tiers of sublicensees) to fully use, practice and exploit those non-assignable rights, title and interest, including, but not limited to, the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display the User Submissions.
To the extent any of the rights, title and interest in and to the User Submissions can neither be assigned nor licensed by You to Us, You hereby irrevocably waive and agree never to assert the non-assignable and non-licensable rights, title and interest (including any and all moral rights and any claim to a right of credit or approval) against Us, any of Our successors in interest, any of Our customers or any third party.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.
5. INDEMNITY
You agree to indemnify, defend, and hold Us harmless, including costs, damages, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) Your access to or use of the Website, (ii) Your violation of these Terms, (iii) any infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity, or (iv) any claim that one of Your User Submissions is offensive, defamatory, obscene or otherwise objectionable or caused damage to a third party. We reserve the right,
at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any such matter without the prior written consent of Us. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
6. PROPRIETARY RIGHTS.
“Space Epic Untitled” is a trademark that belongs to Us. All Materials, including the arrangement of them on this Website are Our sole property, Copyright © 2015 - 2017 Kuma, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
7. DISCLAIMER OF WARRANTIES.
THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that this Website will meet Your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
8. LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED $10.
9. FEEDBACK.
Any submissions by You to Us regarding improvements to the Website (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
10. GENERAL.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship.
However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Website without prior notice to You. New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Website will be heard in the courts located in New York County, New York. If any of these
Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
11. CONTACT US.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at moc.semagamuk|lagel#moc.semagamuk|lagel.