FAN ART POLICY
This fan art policy (this “FA Policy”) governs your use of Slave Pit, Inc., a Virginia stock corporation, (“GWAR” or “We”) visual artwork (“GWAR Art”) for the creation and sharing of Fan Art. The purpose of this FA Policy is to provide clear guidance to what use is and is not allowed. We want Bohabs to feel comfortable lavishing praise on their Lords and Masters without fear of annihilation. We also want to quickly identify and destroy deadbeats stealing from us.
Please read this FA Policy carefully. Your use of GWAR Art constitutes your agreement to be bound by the terms below.
FAN PURPOSES ONLY – You may use GWAR Art only to (i) display, identify, and discuss GWAR for noncommercial purposes, (ii) create new, original fan art based on GWAR Art (“Fan Art”), and (iii) share Fan Art as permitted by this FA Policy. All other uses of GWAR Art must be pre-approved by GWAR in a writing signed by an authorized GWAR representative.
NON-COMMERCIAL – Fan Art does not include new products and content created for mass production (more than 5 copies), sale, licensing, or other forms of commercial exploitation, mass distribution, or fundraising. You may not sell or license Fan Art to third parties for any compensation or other consideration, including, without limitation, surveys, email, subscriptions, or donations. You may post Fan Art and photographs thereof online for other fans and GWAR to enjoy.
RESPECT GWAR – Please do not imply that GWAR has endorsed or sponsored your Fan Art. We love and enjoy your idol worship of us and will frequently share and repost the same. This, however, does not make your Fan Art “official.” If requested by us, you must include a note with your Fan Art stating the artwork (i) is unofficial, (ii) has not been approved or endorsed by GWAR, and (iii) is based off intellectual property owned by © Slave Pit Inc. Further, you should not create your own brands or register any domain names containing or derived from any of our brands and trademarks. This would create confusion as to the source of your Fan Art and content. In addition, do not write, produce, or create any short stories, novels, stories, adaptations, or other theatrical productions that include GWAR Art, characters, or storylines without our prior written permission.
VISUAL ART ONLY – Please do not use our music, sound recordings, or videos in your Fan Art. GWAR licenses these intellectual properties through third parties and are outside the scope of this FA Policy.
NO HARM TO OTHERS – Do not violate the laws, regulations, and rules of any and all of your local government authority, city, state, country, planet, and universe when using GWAR Art and creating and sharing Fan Art per this FA Policy.
OUR USE OF FAN ART – A material condition to the limited license provided to you in this FA Policy for your creation of Fan Art is your perpetual, irrevocable, license to GWAR for its unrestricted use of your Fan Art for any and all of its purposes. If requested, you shall provide GWAR with professional copies for its GWARCHIVE and other uses. GWAR has no further obligations to you with respect to the Fan Art, and you shall make no claims against GWAR for its use of the same. Further, you waive any “moral rights” that may ever affect your Fan Art and any exploitation of your Fan Art, including, without limitation, any and all rights that may arise under the Visual Artists Rights Act 17 U.S.C. § 106A. GWAR may provide attribution to you for your Fan Art, though its failure to do so will not be a breach of this FA Policy.
ULTIMATE CONTROL – We may revoke or restrict your use of GWAR Art at any time for any or no reason. If GWAR does so, you must immediately take all actions We require, including, without limitation, taking down, ceasing distribution, and destroying your Fan Art and ceasing to create any new Fan Art. GWAR may file takedown notices to remove online Fan Art, unauthorized uses and posting of GWAR Art, and both.
WAIVER OF WARRANTIES – GWAR MAKES NO REPRESENTATIONS AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE GWAR ART.
LIMITATION OF LIABILITY – TO THE EXTENT PERMITTED BY APPLICABLE LAW, GWAR WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, REVENUE OR BUSINESS, EVEN IF GWAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY FOR GWAR UNDER THIS FA POLICY FOR ANY AND ALL CLAIMS WHATSOEVER RELATED TO YOUR USE OF GWAR ART, ITS USE OF FAN ART, OR OTHERWISE ARISING OUT OF THIS FA POLICY, OR ANY ACT, EVENT, OR CIRCUMSTANCE AFFECTING THIS FA POLICY OR YOU, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED USD $100.00.
INDEMNIFICATION – You shall defend, indemnify, and hold harmless GWAR, its affiliates, its licensees, its officers, employees, agents, owners, successors, and assigns against any and all claims, proceedings, demands, liabilities, and damages express or implied, of any kind whatsoever, including, without limitation, legal expenses and reasonable attorneys’ fees and court costs, arising from or related to your (i) Fan Art, (ii) use of GWAR Art, (iii) breach of this FA Policy, (iv) violation of the law, (v) negligence, and/or (vi) willful misconduct.
MISCELLANEOUS – This FA Policy constitutes the entire agreement between the parties and supersedes all prior verbal or written agreements or understandings between the parties. This FA Policy will be construed according to the laws of the Commonwealth of Virginia, exclusive of its conflicts of law provisions. GWAR may modify, delete, or otherwise alter this FA Policy at any time. All provisions of this FA Policy, which, by their nature, should survive termination or expiration, will survive termination or expiration. All provisions in this FA Policy are severable and each valid and enforceable provision will remain in effect and will be binding upon the parties, notwithstanding that other provisions may be held by legislative or judicial process to be invalid or unenforceable. You agree that your violation of this FA Policy may cause irreparable harm and damage to GWAR for which no adequate remedy at law exists. For this reason, GWAR may, in addition to any other remedies available to it at law or in equity, enjoin you in a court of equity from violating without having to prove damages or post bond. All actions or proceedings seeking the interpretation, enforcement, or both of this FA Policy will be brought only in state and federal courts located in Richmond, Virginia, all parties hereby submitting themselves exclusively to the personal jurisdiction of such courts for such purpose. GWAR may assign its rights and obligations under this FA Policy. You may not assign this FA Policy. This FA Policy has been fully negotiated by and between the parties and shall be construed as if all parties had equal responsibility in the drafting hereof.
FAN ART SUBMISSION AND QUESTIONS – Please submit Fan Art and direct FA Policy questions to us at fanart at bohabs.com.
This FA Policy was last updated on March 31, 2019.