First in plain terms: Characters, art and stories remain the property of their original creators. That includes the characters that belong to the creators of Phrixion Publishing. We do allow fanart, fanfiction and so on--in fact, we encourage it. However the following legal disclaimers must be made (as found in the TOS). We will not tolerate our intellectual property being used for commercial purposes by others (ie. prints sold in large quantities, T-shirts being made, etc). If your character becomes part of the Phrixion continuum, you will be required to sign a waiver indicating that you give your permission for this and outlining any compensation agreed upon. We do give the originators of their characters final say on how they are represented in Phrixion works.
Copyright
The content on the Website, except User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Phrixion Publishing, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Phrixion Publishing reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Phrixion Publishing Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Phrixion Publishing Website or any of its the Content.
Prohibited Use of Copyrighted Content
You MAY NOT:
a. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or Content;
b. use any network monitoring or discovery software to determine the Website architecture or to extract information about usage or users;
c. use any robot, spider, other automatic device, or manual process to monitor or copy the Website or Content without Phrixion Publishing’s prior written permission;
d. copy, modify, reproduce, republish, distribute, display, translate, or transmit for commercial, non-profit or public purposes all or any portion of the Website except when and to the extent Phrixion Publishing provides written permission;
e. use or otherwise export or re-export the Website or any portion thereof, the Content or any software available on or through the Website in violation of the export control laws and regulations of the United States of America;
f. USE ANY OF Phrixion Publishing'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS, OR THOSE OF Phrixion Publishing’S LICENSORS, WITHOUT Phrixion Publishing’S PRIOR WRITTEN CONSENT NOR USE SUCH TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY SUCH TRADEMARKS, TRADE NAMES, OR SERVICE MARKS.
Copyright Infringement
If you are a copyright owner or an agent of a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Phrixion Publishing’s Copyright Agent with the following information in writing:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
d. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
e. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Phrixion Publishing’s designated Agent for Notice. Phrixion Publishing’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached by e-mail at copyright@phrixion-publishing.com
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Phrixion Publishing customer service through http://www.Phrixion Publishing.com/contact. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
User Submissions
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Phrixion Publishing does not guarantee any confidentiality with respect to any submissions.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Phrixion Publishing to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Phrixion Publishing, you hereby grant Phrixion Publishing a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Phrixion Publishing’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Phrixion Publishing all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Phrixion Publishing or any third party; (iii) submit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Phrixion Publishing does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Phrixion Publishing expressly disclaims any and all liability in connection with User Submissions. Phrixion Publishing does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Phrixion Publishing will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Phrixion Publishing reserves the right to remove Content and User Submissions without prior notice. Phrixion Publishing will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Phrixion Publishing also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, defamatory material, or excessive length. Phrixion Publishing may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
You understand that when using the Phrixion Publishing Website, you will be exposed to User Submissions from a variety of sources, and that Phrixion Publishing is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Phrixion Publishing with respect thereto, and agree to indemnify and hold Phrixion Publishing, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
Use of Downloaded Content
Phrixion Publishing may make certain content or software available to you from the Website. If you download content, applications, or software from the Website (“Download Content”), the downloaded data, including all files and images contained in or generated by the software, and accompanying data (collectively “Download Content”) are deemed to be licensed to you by the Phrixion Publishing, for your personal, noncommercial, home use only. Phrixion Publishing does not transfer either the title or the intellectual property rights to the Download Content, and Phrixion Publishing retains full and complete title to the Download Content as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Download Content to a human-perceivable form. All trademarks and logos are owned by Phrixion Publishing or its licensors and you may not copy or use them in any manner.
