Terms & conditions
Template end-user agreement.
This End-User Agreement ("Agreement") is entered into by and between the undersigned user ("User") and Exquisite, hereinafter referred to as "Company," regarding the use of the template provided by the Company, and the submission of artwork created with it. By downloading this template, or by submitting artwork to the Company, the User agrees to the following terms and conditions:
- 1
Purpose of the Template
The user acknowledges and understands that the template is intended solely for creating artwork for the card game "Exquisite". The template itself, along with the card frame, icons, symbols, rules and game language, remains the property of the Company.
- 2
Ownership Rights
The User retains copyright in the original artwork they create using this template, subject to the license granted in clause 5. The Company owns the template, the card frame, all symbols and game language, and the finished card as a whole.
- 3
Confidentiality
User agrees not to share this template with any third parties without the Company's prior written consent.
- 4
Artwork Submission
The user acknowledges that they are submitting artwork to be considered for use in the card game "Exquisite".
- 5
Commercial Use and License Grant
The User understands and agrees that artwork submitted to the Company is intended to be published, manufactured and sold commercially as part of a card game and related products. By submitting artwork, the User grants the Company a worldwide, perpetual, irrevocable, exclusive, royalty-free, fully paid-up, transferable and sublicensable license to use, reproduce, print, manufacture, distribute, sell, display, publish, and create derivative works from the artwork, in any medium now known or later developed. This includes the card game and any expansions, reprints, digital or app versions, packaging, instructions, the Company's websites and social media, and all advertising, marketing, crowdfunding and promotional materials. The Company may sublicense these rights to printers, manufacturers, distributors, retailers, fulfilment and platform partners as needed to produce and sell the game.
- 6
Modification and Use of Artwork
The User agrees that their submitted artwork may be edited, modified, altered, cropped, have colors changed, text added, graphics added, or proportions adjusted to fit the mechanics and format of the game. To the fullest extent permitted by law, the User waives any moral rights, or rights of integrity or attribution, that would otherwise prevent such modification or the uses described in this Agreement.
- 7
No Compensation
The license granted in clause 5 is royalty-free. The User acknowledges and agrees that they are not entitled to any payment, royalty, fee, revenue share or other compensation for the use of their artwork in the card game or in any advertising, marketing, crowdfunding or promotional use of the game, whether now or in the future, and regardless of the commercial success of the game. The merchandise profit share described in clause 10 is the only compensation contemplated by this Agreement. The User waives any claim for payment arising from the uses granted here.
- 8
Credit
The Company intends to credit the artist by name on the card and on the Company's website. The placement, format and wording of that credit are at the Company's discretion, and an error or omission in credit is not a breach of this Agreement and does not affect the license granted in clause 5.
- 9
The User's Warranties and Indemnity
The User represents and warrants that: the artwork is their own original work; they own or control all rights in it and are free to grant this license; the artwork does not infringe the copyright, trademark, privacy, publicity or other rights of any third party; they have obtained any releases needed for any recognizable person, logo or third-party material depicted; the artwork is not defamatory, unlawful or subject to any undisclosed agreement; and they are at least 18 years old, or have the consent of a parent or guardian who accepts these terms on their behalf. The User agrees to indemnify and hold the Company harmless from any claim, demand, loss, damage or expense, including reasonable legal fees, arising from a breach of these warranties.
- 10
Promotional Materials
The Company has the right to use the User's artwork on merchandise, including but not limited to T-shirts, posters, hats and similar items. Net profits generated from merchandise featuring the User's artwork shall be split equally (50/50) between the Company and the artist, accounted for annually, unless otherwise agreed in a separate written agreement. This clause applies to merchandise only and not to the card game, its expansions, or any promotional or marketing use of the artwork.
- 11
Competition and Selection
User understands that their submitted artwork will be considered for inclusion in the game, but there is no guarantee that it will be chosen.
- 12
Company's Decision
The Company retains the sole and final decision-making authority regarding the inclusion or exclusion of any artwork in the game, without the obligation to provide explanations.
- 13
Online Posting
If User posts their artwork online, they agree to tag Exquisite in any imagery related to the game.
- 14
Characters and Other Uses
The artist maintains international and intellectual property rights to any characters they create, and may continue to use those characters in their own work, unless otherwise specified in a separate agreement. Because the license in clause 5 is exclusive, the User agrees not to license, sell or publish the submitted artwork, or any substantially similar version of it, for use in another card game or a competing product.
- 15
Copyright Protection
User assumes full responsibility for protecting their copyright and pursuing any claims against third parties who may infringe upon their work. The Company is not obligated to take action against copyright theft by third parties.
By downloading the template, or by submitting artwork to the Company, the User acknowledges that they have read and understood this Agreement and agree to be bound by its terms and conditions.