This Custom Content Agreement (this "Agreement") concerns the Onward platform provided to you by Downpour Interactive, LLC ("Downpour"), as well as related PC/console games, websites, mobile applications, products, and services we may offer to you (and any updates), any online services, or downloads associated herewith, the software (including firmware) for any related peripherals, and the associated media, printed materials, and documentation (collectively, "Program").
If you are either under the age of majority in your jurisdiction or under eighteen (18) years old, please ask your parent or guardian to read and accept this Agreement for you before you use the Program. By opening this package, downloading, installing, or using the Program or clicking to accept, you accept the terms of this Agreement with Downpour. If you do not agree to these terms, you are not permitted to install, copy, or use the Program. To reject these terms, you must not click to accept these terms or install, copy, or use the Program.
This Agreement is subject to (1) the End User License and Service Agreement, available at [http://www.downpourinteractive.com/eula] and Downpour's Privacy Policy, available at [http://www.downpourinteractive.com/privacy-policy]. The terms and conditions of each of the foregoing are incorporated herein by reference and shall be deemed part of this Agreement. Additionally, Additionally, this Agreement is subject and supplemental to those terms and conditions of any agreement between you and the platform provider you used to purchase your rights to the Program.
General Terms
The use of certain Program features, including online or multiplayer components Downpour provides interfaces and tools for you to be able to generate content and make it available to other users and/or to Downpour at your sole discretion. User-generated content means any content you make available to other users through your use of multi-user features of Downpour, or to Downpour or its affiliates through your use of the Program or otherwise ("UGC").
To the fullest extent permitted by applicable law, by submitting any UGC you automatically grant (or represent and warrant that the owner of such rights has expressly granted) Downpour a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or technology now known or later developed throughout the universe, and agree that Downpour shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation (but subject to applicable local legislation), notice or attribution. You waive and agree not to assert against Downpour or any of its partners, affiliates, subsidiaries or licensees, any moral or similar rights you may have in any of your UGC. To the extent the Program permits other users to access and use your UGC, you also grant such users the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Program without further notice, attribution or compensation to you.
YOU MAY ONLY UPLOAD YOUR OWN UGC TO THE PROGRAM; DO NOT UPLOAD ANYONE ELSE'S UGC. DOWNPOUR RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO REMOVE, BLOCK, EDIT, MOVE, OR DISABLE UGC FOR ANY REASON IN DOWNPOUR'S SOLE DISCRETION OR TO TERMINATE ITS AFFILIATION WITH YOU DUE TO YOUR FAILURE TO ABIDE BY THE TERMS IN THIS AGREEMENT. DOWNPOUR IS NOT RESPONSIBLE FOR, AND DOES NOT ENDORSE OR GUARANTEE, THE OPINIONS, VIEWS, ADVICE OR RECOMMENDATIONS POSTED OR SENT BY OTHER USERS.
For residents of all countries outside North America: users of the Program create, upload, download and use UGC at their own risk. If you upload or make available to other users your UGC via our Program, Downpour has no obligation to control, monitor, endorse or own your UGC, and you are commissioning us to host and make available such UGC subject to the above license.
Downpour is the sole owner of the derivative works created by Downpour from your UGC and is entitled to grant licenses on these derivative works. If you provide Downpour with any feedback or suggestions about Downpour, the Program, or any Downpour products, hardware or services, Downpour is free to use the feedback or suggestions however it chooses, without any obligation to account to you.
Representations and Warranties
You represent and warrant to us that you have sufficient rights in all UGC to grant Downpour and other affected parties the licenses described above. This includes, without limitation, any kind of intellectual property rights or other proprietary or personal rights affected by or included in the UGC. In particular, with respect to UGC, you represent and warrant that the UGC was originally created by you (or, with respect to a UGC to which others contributed besides you, by you and the other contributors, and in such case that you have the right to submit such UGC on behalf of those other contributors). You furthermore represent and warrant that the UGC, your submission of that Content, and your granting of rights in that Content does not violate any applicable contract, law or regulation.
Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold Downpour, its partners, affiliates, licensors, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from your breach of this Agreement and/or your acts and omissions in using the Program pursuant to the terms of this Agreement.
Copyright Notice
If you believe that any UGC or any other content appearing in the Program and/or UGC has been copied in a way that constitutes copyright infringement, please forward the following information to the copyright agent named below. Your copyright infringement notification must comply with the digital millennium copyright act ("DMCA"). You are encouraged to review 17 U.S.C. 512(c)(3) or consult with an attorney prior to sending a notice hereunder. To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below: (a) your name, address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) the exact URL or a description of where the alleged infringing material is located; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Downpour Interactive, LLC
Attn: Downpour Business and Legal Affairs
PO Box 426799
San Francisco, CA 94142
Email: customcontent@downpourinteractive.com
Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
