The FFXIV Community Team is always eager to feature works created by fans (“You, you”) inspired by the Game on official FFXIV and Square Enix social media channels, and would like to invite fans to submit the following works: illustrations, sketches, photography, costumes or ‘cosplays’, and crafted items, derived from, or inspired by the Game (individually “Material” and collectively “Materials”).
If you would like to participate to FFXIV’s growing creative community, you must first agree to this Agreement between you and Square Enix Limited, a corporation registered in England with company number 01804186 and registered office address 240 Blackfriars Road, London SE1 8NW, United Kingdom (“Square Enix”) and submit your Materials to Square Enix by:
- E-mail: FFXIVCommunityEU@eu.square-enix.com in the following format:
Maximum file size: 5 megabytes
File format: .BMP, .JPG, and .PNG Format
Subject line: “Fan Creation”
Or
- Post: Square Enix Limited, FFXIV Community Team – Fan Creation, 240 Blackfriars Road, London SE1 8NW, United Kingdom.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By submitting the Material, you warrant that you have read, understand and agree to the terms of this Agreement or if you are under the age of 18, you have obtained the permission of your parent or legal guardian to be bound by this Agreement.
If you choose to submit Material to Square Enix, you acknowledge and agree that:
The Material does not violate the terms of the FFXIV Materials Usage Agreement.
In consideration of Square Enix accepting and/or featuring the Material on the Square Enix Channels (as defined below), the sufficiency of which is acknowledged, you hereby irrevocably grant to Square Enix, and each of Square Enix’s licensees, successors, and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Material, and all images, text, and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title, sell, and adapt the same, to combine it with other material, and otherwise use and exploit it without having to give any compensation or attribution to you or any third party. Square Enix and each of its successors, assigns, and licensees, will have the right to make unlimited derivative works of the Materials, to assign or transfer any or all of Square Enix’s granted rights, and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Square Enix will have the right to use the Materials, including without limitation all images, text, and materials included or depicted therein (if any), in any merchandising, advertising, marketing, or promotion, or for any other commercial or non-commercial purpose.
You acknowledge that Materials are not being submitted in confidence or in trust to Square Enix and that no confidential or fiduciary relationship is intended or created. You acknowledge that Square Enix and/or other individuals may have created ideas and concepts contained in their Materials that may have familiarities or similarities to your own Materials, and that you will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate you for your Materials and there is no obligation for any Released Party to pay or otherwise compensate you for any of your ideas or materials. Materials are not confidential and the Released Parties’ only obligations to you regarding the Materials are as specifically set forth in this Agreement.
The decisions of Square Enix are final and binding in all matters relating to the submission of Materials. Square Enix reserves the right to request from you at any time proof that you maintain all necessary rights in and to the Materials in order to grant Square Enix the rights required herein in a form acceptable to Square Enix. Failure to provide such proof may lead to, among other things, your Materials not being used by Square Enix.
All physical submitted Materials become the physical property of Square Enix upon receipt and will not be returned. Square Enix may destroy, dispose of, or make any other use of such physical submitted Materials at any time. Square Enix shall not be liable for any fees or costs incurred by you in relation to the delivery of the Materials.
You unconditionally and irrevocably waive, and you shall procure that any other relevant person waives, in respect of any Material submitted by you all moral rights to which you may now or at any future time be entitled under Chapter IV of the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
You warrant and undertake that (a) you are entitled to grant, assign and confirm the rights purported to be granted, assigned and confirmed under this agreement; (b) nothing in the Material (or in its use by or for Square Enix) does or will (i) infringe or violate any third-party rights, (ii) contain any obscene, offensive or defamatory material, (iii) bring the Company into disrepute; and (c) you will co-operate promptly with Square Enix in any claim brought or threatened in respect of the Material.
You are entirely responsible and liable for the content, accuracy, completeness and legality of all Material that you upload, post, transmit or otherwise submit to Square Enix. You agree to defend, indemnify and hold Square Enix harmless and each of our respective affiliates, officers, directors, shareholders, employees, agents, representatives, licensors and assigns (“Released Parties”) from and against any and all claims and damages, including legal expenses arising out of unauthorised use of third party intellectual property rights (including privacy and publicity rights of any individuals appearing in the Material) and or objectionable matter in the Material or the violation of applicable laws or regulations.
The Material may be featured, at Square Enix’s sole discretion, on Square Enix’s various social media channels including but not limited to Facebook, Twitter, Instagram, Twitch, Snapchat, and YouTube (“Square Enix Channels”).
Nothing contained in this Agreement shall be deemed to amend, override, or invalidate any other agreement (e.g., the FFXIV Materials Usage Agreement or any End User License Agreement, etc.) or terms and conditions (e.g., artwork contest terms and conditions, etc.) you have previously agreed to, or are agreeing to, with Square Enix.
This Agreement is governed and construed in accordance with the laws of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.