Fan Art and Video Policy

Last updated January 16, 2013

Runic Games, Inc. ("Runic") is both honored and excited about all the interest our fans have in our games (the "Games") and Runic, and we support your aspirations and endeavors to create artwork, videos, websites and other content based upon our Games and intellectual property. At the same time we need to make sure that our intellectual property isn't being misused or unfairly exploited without our permission. In an effort to set forth guidelines regarding what you can and cannot do with our Games, trademarks and other related intellectual property, including without limitation, related images, graphics, artwork, videos, footage, music and sounds (collectively, the "Runic Content"), and the trademarks, logos, and service marks of Runic and/or our licensors (collectively, the "Runic Marks"), we have created this Fan Art/Video Policy. Please read this Fan Art/Video Policy carefully so that you are aware of your legal rights and obligations with respect to the Runic Content and Runic Marks. Please also be aware that this Fan Art/Video Policy is subject to the terms of Runic's Terms of Use and Privacy Policy incorporated herein by reference.

Unless otherwise specified on (the "Site") or online gaming service provided through the Site (the "Service"), we grant you a personal, revocable, non-transferable, non-sublicensable, non-exclusive license to modify, reproduce and display any Runic Content and Runic Marks solely on your fansite or fansite pages incorporating content from to the Games, which may include your social media pages, channels or outlets, such as YouTube and Facebook (collectively, the "Fansite") solely for noncommercial purposes (except as set forth herein), provided that you agree to the following:

1. Compliance with All Agreements and Policies. You must be in full compliance with the provisions of this Fan Art/Video Policy and the Terms of Use and any usage guidelines or policies that may be provided by Runic from time to time (all of which may be modified from time to time in our sole discretion).

2. Fansite Restrictions. You represent and warrant to Runic that you will not post or transmit through your Fansite: (a) any material that is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; or (b) any content or information that is derogatory or harmful to the reputation of the Games, the Service, Runic, our officers and employees and/or any of our licensors and/or suppliers, in any way. To the extent you own or control the Fansite, you will not permit posting or transmission of any of the foregoing content outlined in (a) and (b) above through your Fansite by any third parties.

3. Notice Requirements. You must retain all trademark, copyright and other proprietary notices contained in or on the Runic Content or Runic Marks. If you post Runic Content on your Fansite, you must also prominently post the following notices on your Fansite, to the extent permitted by the owner of such Fansite, on the same web page(s) as any of the Runic Content: "Torchlight content and materials are trademarks and copyrights of Runic Games, Inc. or its licensors and used with permission. All rights reserved." You shall not remove or alter any identifying information or copyright or trademark information conveyed in connection with the Runic Content.

4. Reservation of Rights. Except for the limited license granted herein, you acknowledge that Runic shall retain all right, title and interest in and to (a) Runic Content, Runic Marks and all goodwill relating thereto, and (b) any derivative works based upon or including Runic Content and/or Runic Marks. The Fansite is not a "Joint Work" as that term is defined under United States copyright law (i.e., Title 17, United States Code). You shall not challenge Runic's ownership of Runic Content or Runic Marks, nor use or adopt any trademarks that might be confusingly similar to Runic Marks.

5. Restrictions on Use. Except as expressly authorized by this Fan Art/Video Policy or the Terms of Use, you may not (a) download, copy or use any of the Runic Content or Runic Marks; (b) distribute, modify, transmit, publicly display and/or otherwise use Runic Content or Runic Marks; (c) rent, lease, reproduce, modify, translate or create derivative works of Runic Content; or (d) create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the characters or content contained in the Game, the Service or on the Site, in each case, without the written consent of Runic. Runic does not consent to the protection of any unauthorized derivative work under any copyright law. The creation and sale of merchandise that uses, references or is based upon the Game, the Service, Runic Content and/or Runic Marks is expressly prohibited.

6. Limited Commercial Use. For the sake of clarity, you may obtain advertising revenue from advertisements you display on the Fansite and/or on your videos, provided the Runic Content and the Runic Marks are not used in such advertising or in such a way to imply an association between Runic or the Games and the advertiser, and the advertising content does not vitiate the Fansite Restrictions outlined herein. You may also obtain revenue through soliciting donations on your Fansite and/or on your videos provided that the restrictions set forth in this paragraph regarding advertising shall also apply to any such solicitations, and provided, further, that anyone submitting a donation does not receive any consideration for that donation. In other words, you cannot give anything in exchange for someone making a donation to your Fansite, including providing VIP access to your fansite, merchandise, discounts to other goods or services or anything else other than good feelings for helping Runic fans.

7. Termination and Limitation of Liability. We may terminate the limited permission to use the Runic Content and Runic Marks pursuant to this Fan Art/Video Policy at any time for any reason. Under no circumstances will we be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this limited permission. We reserve the right in our sole discretion to expressly refuse this limited permission to any particular Fansite, or to revoke this limited permission at any time without any liability to you whatsoever.

If you have any questions or comments, please feel free to contact us at