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Fan Content Policy

LAST UPDATED: September 6, 2024

We, the Elestrals LLC (“Elestrals”) team, love all the fans, Casters, and others that make up the ever-growing community that supports us and the Elestrals trading card game. The community’s creativity has resulted in countless creations and projects featuring Elestrals IP that have amazed us! This is something we are excited about and hope to see more of. However, as much as we enjoy seeing these awesome creations by community members, we also need to make sure that Elestrals IP is used properly so that we can protect our game, the community, and ourselves. To do so, we ask that you follow the guidelines outlined in this Fan Content Policy whenever you make Elestrals Fan Content.

WHAT IS FAN CONTENT?

“Fan Content” is any type of content that you create that is based on or incorporates any Elestrals Assets. This includes, but is not limited to, fan art, videos, podcasts, blogs, websites, streaming content, tattoos, playmats, posters, etc. Anything that you create falls under this definition. It is important to note that Fan Content does NOT include the exact copying of any Elestrals IP (ex. creating proxy or counterfeit Elestrals® cards), even if the content otherwise follows the rules outlined herein.

WHAT IS ELESTRALS IP?

The Elestrals IP includes all cards, characters (including all Elestrals, Spirits, and other beings), games, gameplay, art, pictures, graphics, logos, trademarks, animations, music, stories, lore, files, text, copyrights, and other materials published by and intellectual property owned by Elestrals. While you may use some Elestrals IP when creating Fan Content, you may NOT use Elestrals logos, trademarks, or game mechanics in Fan Content without our prior written consent, including specifically the following Elestrals trademarks and logos:

HOW CAN I USE ELESTRALS IP IN FAN CONTENT?

When using Elestrals IP in Fan Content, you will need to adhere to the following rules:

  • All Fan Content must be non-commercial in its use of Elestrals IP. This means that the Fan Content must be free and that you cannot require any fees (including event entry), payments, subscriptions, email registrations, or other similar barriers to access, view, or otherwise use the Fan Content.  This also means that you cannot sell or license your Fan Content to other parties in exchange for any form of compensation. (NOTE: This does not prohibit you from receiving donations or ad revenue so long as the same doesn’t restrict access to the Fan Content.)
  • You may not state, suggest, or imply that your Fan Content is official Elestrals content nor that it is endorsed or approved by Elestrals. You must make clear that your Fan Content is unofficial by including the following statement (or one that is substantially similar):
  • “This content is unofficial Fan Content permitted and is not endorsed or approved by Elestrals. Portions of the materials used are the property of Elestrals LLC. All rights reserved by Elestrals LLC. For more information, see the Elestrals Fan Content Policy at https://www.elestrals.com/fan-content-policy.”
  • Do not change any legal notices that are included in Elestrals IP. If you are using Elestrals IP that contains a notice (ex. a copyright or trademark notice), make sure that the same notice remains unmodified in the Fan Content in which you are using the Elestrals IP.
  • Follow all applicable laws. Your Fan Content is your creation, which means that you are responsible for making sure that it complies with the applicable laws and rules of your jurisdiction, in addition to this Fan Content Policy and the Elestrals Term of Use. If Elestrals or any of its partners, affiliates, employees, or agents (collectively, “Elestrals Parties”) are faced with any claims, complaints, actions, or damages related to your Fan Content, you will be responsible for paying all related costs, expenses (including attorney’s fees), fees, settlement amounts, and judgment amounts incurred by Elestrals Parties as a result.
  • Respect the Elestrals IP and the intellectual property rights of others. If you don’t have the appropriate permission or rights to use third-party content in Fan Content, do not use it. Elestrals has the right to restrict and/or stop your use of Elestrals IP at any time, for any reason, or no reason at all. This includes (i) when you use Elestrals IP in Fan Content that includes other content that you do not have the right to use or (ii) when Elestrals thinks that your use of the Elestrals IP is offensive, inappropriate, disparaging, defamatory, contains confidential information, or is otherwise damaging or objectionable (as determined by Elestrals in its sole discretion).
  • If Elestrals requests the removal of your Fan Content, you must immediately take down the same (or risk being sent to Tartarus). Elestrals reserves the right to take legal action against you for your misuse of Elestrals IP.

ELESTRALS’ USE OF MY FAN CONTENT

By making Fan Content that is accessible to everyone (including Elestrals), you are agreeing to let everyone share and use your Fan Content without requiring your permission to do the same. This means that Elestrals can spotlight your amazing creations on its website, social media channels, and more! Please do not send any unsolicited Fan Content or game, story, card, or other future product ideas to Elestrals as they will be deleted without review.

I HAVE ANOTHER QUESTION!

If you have any additional questions regarding this Fan Content Policy or want to seek permission to use Elestrals IP in a way that would otherwise not be allowable under this Fan Content Policy, feel free to contact us at contact@elestrals.com.