Serious Sam Wiki:Copyrights
Croteam ("Croteam") hosts community web sites (the "Sites") for users to share information about Croteam games, engines, related mods or other products or services of Croteam or its affiliates ("Products"). While Croteam will provide information and contribute to the discussions, much of the value comes through the contributions of individual users ("You") via posts of text or images or edits to posts (collectively, "Posted Material"). Here are terms on which the Sites are made available to You.
By accessing a Site, You agree to these terms:
Your License to Croteam and Other Users.
With regard to Posted Material that You post, edit, or otherwise contribute to a Site, You grant (a) to all users of the Site a nonexclusive, nontransferable license to use the Posted Materials for personal use, and (b) to Croteam a worldwide, nonexclusive, perpetual, irrevocable, royalty free, fully paid up license, in connection with Products, to: (1) make, use, copy, modify, create derivative works of such Posted Material, (2) publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Posted Material (and derivative works thereof), and (3) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. Your license to other users is further subject to the terms of the users' valid license(s) to Products.
The License to You.
Two different licenses govern Your use of materials on the Sites.
a. With respect to Posted Material contributed by users of a Site, the contributing user (and/or Croteam, to the extent Croteam has such rights to license or sublicense) grants You a worldwide, nonexclusive, perpetual, irrevocable, royalty free, fully paid up license, in connection with the Products, to: (1) make, use, copy, modify, create derivative works of such Posted Material, (2) publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies (and derivative works thereof) of the Posted Material, and (3) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.
No Expansion of Other Licensed Rights.
Conduct on the Sites.
You may not reveal, share or otherwise allow others to use Your Site login name and password. You agree that You will be personally responsible for the use of Your Site login name and password and for all of the communication and activity on the Site that results from use of Your login name and password. Your online conduct and interaction with other subscribers should be guided by common sense and basic etiquette. In all activities on and related to the Sites, You agree to abide by the conduct rules posted [Online_Conduct]. You agree that You will not include in any Posted Material any information or assistance regarding software or hardware processes or functionality that may give a player an unfair competitive advantage when playing any Croteam games or other products, or modifications thereof ("Cheats"), nor regarding the direct or indirect disabling, circumvention, or otherwise interference with the operation of any software designed to prevent or report the use of Cheats. You agree that You will not include in any Posted Material any information or assistance regarding software or hardware processes or functionality that may be used to circumvent any software or hardware measures employed to protect the Products from unlicensed or unauthorized use of the Products ("DRM").
You represent, warrant and covenant that: a. You will comply with all applicable laws, regulations and orders of any governmental authority in Your use of the Site(s) and the Posted Materials (including, without limitation, all export control laws, regulations, and orders);
b. You are not located in, under the control of, or a national or resident of any country to which export of any Posted Materials is prohibited by U.S. law, regulation or order;
c. You have a valid and current license for the applicable Croteam game and/or engine, and are in compliance with such license in all respects; and
d. You will not upload or otherwise transmit to the Site(s) any Posted Materials that: (1) contain any viruses or other harmful code; (2) violate, misappropriate or infringe any patent, copyright, trademark, trade name, trade dress, trade secret, right of publicity, right of privacy, moral right, right of attribution or integrity or any other personal right or proprietary right of any person or entity; or (3) contain any material that is libelous, defamatory or portrays any person in a false light.
THE SITES AND ALL MATERIALS IN THE SITES ARE PROVIDED "AS IS" AND ALL USE IS AT YOUR OWN RISK. CROTEAM DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF CROTEAM, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE SITES AND ANY MATERIALS IN THE SITES, INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT CROTEAM DOES NOT REPRESENT OR WARRANT THAT THE SITES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SITES, ANY MATERIALS IN THE SITES, OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability.
In no event will Croteam be liable, whether in contract, warranty, tort (including negligence), product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special or consequential damages) arising out of or in connection with any use of, inability to use or results of use of the Sites or any materials in the Sites, even if Croteam or its representative has been advised of the possibility of such damages.
No failure or forbearance on Croteam's part to exercise its rights or insist upon performance of Your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect. If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in these terms, or, if such amendment is impossible, severed from this agreement. No amendment or severing of any provision of these terms shall affect the validity or enforceability of any remaining provisions.
This Agreement shall be construed (without regard to conflicts or choice of law principles) under the laws of the State of Texas, as such law is applied to agreements between Texas residents entered into and to be performed within New York, except as governed by federal law. Unless expressly waived by Licensor in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Licensor’s principal corporate place of business (Travis County, Texas, U.S.A.). Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by New York state or federal law. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
This Agreement constitutes the entire agreement between You and Croteam relating to the subject matter hereof and may not be modified except in a writing signed by a duly authorized employee of Croteam. Croteam may update these terms from time to time, by posting an update to the Site(s). Your use of the Site(s) after such an update is posted will constitute your acceptance of the updated terms.