Who are we?
We are Surreal Cosmic. These are our terms (“Guidelines”) for individuals that want to publish our game content online.
We are registered in Japan under company number 1234567890 and have our registered office at ******* ******** ***************** ********************* ********. We are a video game developer and publisher; for more information see https://surrealcosmic.com/ or contact us by emailing contact@surrealcosmic.com.
Introduction
We are passionate about allowing our gamers the freedom to express themselves whilst enjoying the games we create. To ensure that you do so fairly, we have set out the following guidelines under which you may publish gameplay and screenshots from our games (“Gaming Content”).
These Guidelines are only applicable if you are a content creator publishing Gaming Content by uploading or livestreaming. If these Guidelines apply to you, by publishing any Gaming Content you confirm acceptance of these Guidelines and agree to comply with them. These Guidelines apply to any and all material which you publish that incorporates, or is published in connection with, Gaming Content (“Publication”).
If you do not agree to these Guidelines or these Guidelines do not apply to you, you must not publish our Gaming Content without our written permission.
We may change these Guidelines from time to time. When we do we will post the changes on our website. Please refer to the latest version before sharing your content.
PUBLISHING RIGHT
No rights are granted under these Guidelines unless expressly stated.
Subject to you complying with these Guidelines, you may create, upload, livestream and monetise videos of Gaming Content through online live streaming websites, such as:
Twitch; and
YouTube.
Your monetisation of Gaming Content may include advertising and partner programs of live streaming services and any other forms of monetisation that comply with these Guidelines.
You may only use Gaming Content which has been officially released to the public, or from promotional materials officially released such as product trailers.
You are not permitted to imply or state that you or your publications are officially affiliated with, sponsored, endorsed or approved by us unless we give you written permission.
Sound effects from our games may not be published separately to their ordinary form and appearance in Gaming Content.
These Guidelines apply to each part of any Publication as well as to its whole.
INTELLECTUAL PROPERTY
You acknowledge that we are the owner or the licensee of all intellectual property rights in our games and the Gaming Content.
You may not sell any videos, music or images that you have created using our content or any other unauthorised intellectual property content of a third party.
If you want to use the intellectual property of a third party (e.g . music) together with Gaming Content, you are responsible for obtaining any permission required from third parties. Please note that some of the Gaming Content’s sound effects may not be owned by us, but instead are licensed for use from an artist. As this varies from game to game, please be aware that this may trigger content flags and potential removal of the video.
Where you upload or livestream Gaming Content, you give us irrevocable and perpetual permission to reproduce, upload, link to and refer to the Gaming Content and any content incorporating Gaming Content you have published.
CONTENT STANDARDS
We will determine, in our sole discretion, whether a Publication breaches these Guidelines.
A Publication must:
be accurate (where it states facts);
be genuinely held (where it states opinions)
be lawful; and
comply with all laws applicable in the USA, England and/or any other country from which it is posted.
A Publication must not:
breach any applicable local, national or international law or regulation;
be unlawful or fraudulent or have any unlawful or fraudulent purpose or effect;
be defamatory of any person;
be obscene, offensive, hateful or inflammatory;
bully, insult, intimidate or humiliate;
promote sexually explicit material;
include child sexual abuse material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
breach our End User Licence Agreement;
feature pirated software;
promote any illegal content or activity;
6 be in contempt of court;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harm, harass, upset, embarrass, alarm or annoy any other person;
impersonate any person or misrepresent your identity or affiliation with any person;
give the impression that the Publication emanates from us, if this is not the case;
advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
contain any advertising or promote any services or web links to other sites.
BREACH OF THESE GUIDELINES
We have the right to require you to remove, take down and/or delete any Publication for any reason. Reasons we may do this include, but are not limited to , where we believe the Publication, or a part of it, is unlawful, infringing, inappropriate or not compliant with these Guidelines.
Failure to comply with these Guidelines constitutes a material breach of the terms of use upon which you are permitted to publish Gaming Content, and may result in our taking all or any of the following actions:
immediate, temporary or permanent withdrawal of your right to publish Gaming Content;
requiring you to immediately, temporarily or permanently remove any Publication;
issue of a warning to you;
4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Guidelines. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
LAW AND JURISDICTION
If you are a consumer, please note that the terms of these Guidelines, their subject matter and their formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are not a consumer, the terms of these Guidelines, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
We hope that the above Guidelines are clear. However, please understand that we may not be able to respond to individual inquiries regarding these Guidelines. If you still have questions, you may contact us by emailing contact@surrealcosmic.com