Clash of Critters Fan Creation Guide

Introduction

Farlight Games (“Farlight,” “we,” “us,” or “our”) celebrates the creativity and passion of the Clash of Critters community.

To encourage creative expression, promote Clash of Critters (the “Game”), and support the development of the Game’s community, this Guide sets out the conditions under which Creators may create, publish, display, share, and distribute Fan-Created Works based on the Game.

Scope of Permitted Use

This Guide grants Creators a non-exclusive, limited, revocable, non-transferable, and non-sublicensable permission to conduct fan creation activities for Non-Commercial Purposes and permitted small-scale commercial activities. This permission is strictly conditional upon complete compliance with all terms and conditions set out in this Guide.

This Guide applies to fan creation activities including, but not limited to, gameplay livestreams, character artwork, music composition and performance, written works, character cosplay, and the creation and distribution of Fan-Made Merchandise.

This Guide does not constitute a formal license agreement and only permits the use of the Original Materials for fan creation activities expressly permitted under this Guide.

Creators may sell Fan-Made Merchandise worldwide, except in Chinese Mainland, Vietnam, and Taiwan.

While Creators may enjoy certain rights in their original creative expression under applicable laws and regulations, all intellectual property rights in the Game and the Original Materials shall remain exclusively with Farlight and its licensors. No such rights are transferred to Creators under this Guide. Creators must exercise their rights in a manner that does not infringe the intellectual property rights or other lawful rights of Farlight or any third party.

Farlight reserves the right to determine which types of Fan-Created Works and Fan-Made Merchandise are permitted and may revoke any permission or approval granted under this Guide at any time and for any reason. No such permission or approval creates any partnership, joint venture, agency, distributorship, or other formal commercial relationship between Farlight and any Creator.

Definitions

For the purposes of this Guide, the following definitions apply.

Creator

A “Creator” means an individual or an unincorporated fan group that conducts fan creation activities based on the Original Materials.

Creators must comply with the declaration and permission requirements set out in this Guide when conducting fan creation activities.

Original Materials

“Original Materials” means content officially released for the Game by Farlight, including but not limited to in-game visuals, storylines, and character designs.

Original Materials do not include content licensed to Farlight by third-party rights holders, such as content relating to third-party animation, games, or individuals that appears through crossovers, collaborations, or similar arrangements.

Fan-Created Works

“Fan-Created Works” means works or products independently created by a Creator based on the Original Materials and the Creator’s experience with and understanding of the Game, including but not limited to written works, images, videos, music, and physical Fan-Made Merchandise.

Non-Commercial Purposes

An activity is conducted for “Non-Commercial Purposes” where the Creator does not intend to make a profit and either:

• Creates, publishes, displays, or shares Fan-Created Works free of charge; or
• Distributes Fan-Created Works at a reasonable price solely to recover reasonable costs actually incurred during the creative process, including costs relating to materials and tools.

Fundamental Condition

Your compliance with all applicable laws is a fundamental prerequisite for the permission granted under this Guide. You are solely responsible for ensuring that your Fan-Created Works and related fan creation activities are conducted legally and ethically, do not infringe the intellectual property rights or other lawful rights of Farlight or any third party, do not violate applicable standards of public order or generally accepted morality, and comply with all applicable laws and regulations in your country or region, including applicable product safety and labeling requirements, as well as all requirements set out in this Guide.

Privacy Notice

Any personal information collected from you under this Guide will be processed in accordance with our Privacy Policy (https://www.farlightgames.com/privacy) and solely for the purposes specified in this Guide, including but not limited to declaration review, compliance verification, and communication regarding your fan creation activities. We will not use your personal data for any other purposes without obtaining your separate consent where required by applicable data protection laws such as the GDPR.

Miscellaneous

This Guide is part of the Farlight Games Terms of Service (https://www.farlightgames.com/termsofservice), and we may modify this Guide at any time. When using any content provided by Farlight Games for fan creation purposes, your use is subject to the Farlight Games Terms of Service (including any warranty disclaimers and limitations of liability). In the event a term of this Guide conflicts with a term of the Farlight Games Terms of Service, this Guide takes precedence with respect to any issues related to fan creation activities.

Governing Law and Dispute Resolution

This Guide, and any disputes or claims arising out of or in connection with it (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Singapore.

Any dispute, controversy, or claim arising out of or relating to this Guide, including the breach, termination, or invalidity thereof, shall be finally settled by arbitration in Singapore under the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC") in force at the time of the commencement of the arbitration, which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator. The language of arbitration shall be English.

FAQ

Q1: May I create and sell Fan-Made Merchandise?

A: Yes, subject to the requirements of this Guide.

No prior declaration is required if your activity is conducted for Non-Commercial Purposes or falls within the permitted scope of small-scale commercial activities, unless prior declaration is otherwise required under Q3.

If your activity requires prior declaration under Q3, you must submit a declaration and obtain Farlight’s approval before beginning sales.

Please note that permitted small-scale commercial activities do not include the batch production or sale of Fan-Made Merchandise in the name of a company, studio, or other legal entity, including operating an online store or setting up a sales point at a convention or other offline venue in the name of such an entity. These activities are strictly prohibited and are not eligible for declaration or approval.

Q2: What rules must my Fan-Created Works follow?

A: Your Fan-Created Works and related fan creation activities must comply with the following rules:

• Compliance with Laws and Content Requirements: They must comply with all applicable laws and regulations, must not violate public order or generally accepted morality, and must not involve political, religious, or specific belief-related content.
• No Infringement: They must not infringe the intellectual property rights or other lawful rights of Farlight or any third party.
• Original Creative Expression: Your Fan-Created Works must contain sufficient original creative expression. You must not merely copy, trace, redraw, or make minor modifications to the Original Materials, or directly use them without Farlight’s permission.
• Respect for the Original Game: Your Fan-Created Works must respect the Game’s worldbuilding, characters, and story. You must not maliciously distort Game content or damage the brand image or reputation of the Game or Farlight.
• No Third-Party Promotion, Collaboration, or Branding: You must not use your Fan-Created Works or related activities to promote any game, product, service, brand, or commercial activity unrelated to Clash of Critters. You must not combine elements from the Game with those of any third party for product designs or collaborations, or use any third party’s brand name, trademark, logo, or other commercial identifier.
• Clear Identification as Fan-Created Content: You must clearly and prominently identify your works as unofficial fan creations on the relevant publication page, product page, or promotional materials, using “Unofficial Fan-Created Work,” “Fan-Made Merchandise,” or an equivalent statement. You must not use terms such as “Official,” “Licensed,” or “Authorized” in a manner that implies official status or authorization.
• No Intellectual Property Registrations: You must not apply for copyright registration, patent protection, or trademark registration in any country or region for any Fan-Created Work incorporating the Original Materials, whether in your own name or that of any third party.
• No Sale, Resale, or Counterfeiting of Official Merchandise: You must not sell or resell official Clash of Critters merchandise, or manufacture or sell counterfeit official merchandise.
• No Artificial Intelligence Use: You must not use AI or similar tools to generate or assist in creating Fan-Created Works, or use the Original Materials or Fan-Created Works to develop, train, or fine-tune any AI model, system, or service.

Q3: When is prior declaration required?

A: You must make a prior declaration in any of the following circumstances:

• Fan-Made Merchandise Beyond the Permitted Small-Scale Scope: You must make a prior declaration if you reasonably expect the Cumulative Production Quantity for a Single Merchandise Design to exceed [5] units, or its Cumulative Gross Sales Revenue to exceed USD [500] (or the equivalent amount in local currency).
• Specified Products: You must make a prior declaration if your Fan-Created Work takes the form of a video game, physical game, software application, or digital product, or if your activity involves the sale of figurines, dolls, plush toys, or similar products.
• Other Intellectual Property or Brand Concerns: You must also make a prior declaration if any other product or activity may conflict with the existing products, brands, or business activities of Clash of Critters, Farlight, or any Farlight affiliate, infringe intellectual property rights relating to Clash of Critters, or adversely affect the Game’s brand image.

Except in the circumstances listed above, activities conducted for Non-Commercial Purposes do not require prior declaration.

Q4: How does the declaration process work, and how are the applicable thresholds calculated?

A: The declaration process and calculation rules are as follows:

• Submission: You must submit a declaration through the official Farlight declaration form before beginning the relevant fan creation activity. For Fan-Made Merchandise, you must complete the declaration before beginning sales.
• Approval: You may conduct the relevant activity or begin selling the relevant Fan-Made Merchandise only after receiving an official approval notification from Farlight and only within the approved scope. Farlight may reject any declaration based on its commercial considerations. If your declaration is rejected, you must not conduct the relevant activity or sell the relevant Fan-Made Merchandise.
• Amending a Declaration: If any information in a submitted or approved declaration changes, you must submit a supplemental declaration covering the change immediately.
• Single Merchandise Design: Each different merchandise design is treated as a separate design. For example, a badge featuring Character 1 and a badge featuring Character 2 are treated as two separate designs. The same design will generally remain a Single Merchandise Design even if its size, color, material, or manufacturing process differs.
• Cumulative Production Quantity: This means the total number of units of the same merchandise design produced by you or your fan group, including separate production runs, additional production, and restocking.
• Cumulative Gross Sales Revenue: This means the total sales revenue generated by you or your fan group from the same merchandise design through all accounts, stores, platforms, and offline events.

You must not circumvent the declaration requirements by splitting production into separate batches or using different accounts, stores, platforms, or participants.

Q5: What happens if I violate this Guide?

A: Any failure to comply with this Guide constitutes a breach of the terms under which permission is granted. Upon any violation, the limited permission and any approval granted to you by Farlight under this Guide will be automatically and immediately revoked. You must immediately cease all creation, production, publication, display, distribution, and sale of the relevant Fan-Created Works and stop the relevant fan creation activities.

You will be solely responsible and liable for all consequences resulting from your violation, including but not limited to:

• Any legal liability for infringement of Farlight’s or any third party’s intellectual property rights.
• Any damages, costs, or losses incurred by Farlight as a result of your actions.
• Any claims, damages, or losses brought by any third party, including customers, against you or Farlight arising from your actions.

Farlight reserves the right to pursue all available legal and equitable remedies to enforce its rights.

Contact Information

If you need to make a declaration or have any other questions, please contact us at [acetrainerofficial@gmail.com]. We will review your email and respond as appropriate.

Declaration Form: https://forms.gle/xUSj7ZKJChv45jhw7

Have fun creating!
The Clash of Critters Team