FAN CONTENT POLICY
We at Joey Drew Studios Inc. (“Joey Drew Studios”) think it’s awesome that fans want to create artwork based on our video games and engage with other fans in the community. However, since we invest substantial time, thought, and money in creating our intellectual property, we need to protect it. In general, unauthorized use of Joey Drew Studios Inc.’s video games, names, artwork, videos, music, characters, logos, and other intellectual property (“Joey Drew IP”) violates our intellectual property rights. Accordingly, Joey Drew Studios Inc. has created this Fan Content Policy to set out the appropriate and inappropriate uses of Joey Drew IP.
This Fan Content Policy sets out what you are and aren’t allowed to do when creating Fan Content or other materials based on any Joey Drew IP.
The term “Fan Content” refers to:
music, songs, artwork, photographs, videos, fan fiction, and other artwork that is based on Joey Drew IP; and
personal, non-commercial websites and apps that are based on Joey Drew IP.
This Policy applies in addition to any applicable account terms of service. Please read this Policy carefully before creating any Fan Content. We reserve the right to change this Policy at any time by posting the revised Policy to our website. If this Policy does not describe what you are doing (or if you have any doubt), please reach out to us at email@example.com
3. JOEY DREW IP
All rights (including copyright, trademark rights and related rights) to Brands and IP Assets and any derivative works, including the BENDY AND THE INK MACHINE video game franchise, are and will remain owned by Joey Drew Studios Inc.
In this Policy, "Brands" refers to the name of any one of our games, characters, slogans, features, events, or company (e.g. BENDY, BENDY AND THE INK MACHINE), as well as any names which are confusingly similar to the names of any of those;
The term "IP Assets" refers to the graphics, characters, code, software, images, sound and audio from any of our games and any videos or screenshots taken from or our games.
Joey Drew Studios Inc reserves the right to revoke any rights granted under this Policy or cancel this Policy at any time, for any reason or for no reason. This means we may ask you to stop creating Fan Content if we think that what you are doing is inappropriate. Joey Drew Studios Inc. also reserves the right to any legal action for improper use of Joey Drew IP.
4. UNAUTHORIZED USES OF JOEY DREW IP
In no circumstances are you permitted to:
Distribute or redistribute our games without our permission. This means you cannot give copies of our games to anyone else or sell access or copies of our games;
Create or distribute any mobile application that uses Joey Drew IP;
Make commercial uses of Joey Drew IP (i.e. profit off of it), unless expressly permitted in this Fan Content Policy;
Use any Joey Drew IP in any manner that is derogatory to our Brands or that may damage the value, reputation, or goodwill of Joey Drew Studios or our products or Brands (as determined by Joey Drew Studios in our sole discretion);
Imply that your Fan Content is approved by or in any way associated with Joey Drew Studios;
Promote or link to any website that promotes or exploits cheats or hacks to any of our video games;
Create Fan Content that violates the rights of others, or is obscene, sexually explicit, defamatory, offensive, objectionable, or otherwise harmful to others; or
Take any other unlawful action in respect of any Joey Drew IP.
5. GROUND RULES
If you are using any part of any our Brands and/or IP Assets in any way, then you MUST:
Do so in a way that honestly and fairly describes those things or the purpose of them;
Sufficiently differentiate the use of any name you are using from our Brands.
Follow the FAN CONTENT NAMING rule in Section 7 and ensure that none of our Brand names (e.g. BENDY) are the first word in any titles or advertisements;
Make it clear that the product is unofficial and not associated with BENDY AND THE INK MACHINE or approved by Joey Drew Studios Inc.; and
Post the following notice in close proximity to the Joey Drew IP:
“NOT AN OFFICIAL BENDY AND THE INK MACHINE PRODUCT. NOT APPROVED BY OR ASSOCIATED WITH JOEY DREW STUDIOS INC.”
6. PERMITTED USES OF JOEY DREW IP FOR NON-COMMERCIAL FAN ART
If you are not intending to commercialize your use of the Joey Drew IP, we are happy to have you create Fan Content, including the following:
Artwork, which includes hand-made articles (toys, clothing, cosplay) that are NOT intended for re-sale as merchandise;
Setting up and operating non-commercial websites, such as blogs, fan forums, YouTube channels;
Publishing or streaming footage of you playing our video games; and
Organizing fan events.
7. FAN CONTENT NAMING
If you comply with all other aspects of this Policy, including the GROUND RULES in Section 5, you may use our Brands in connection with Fan Content (including on web sites or YouTube) if you:
Ensure any name or title of your Fan Content is secondary to any of our Brand Names;
Ensure none of our Brands (or any confusingly similar names) are the dominant element or the distinctive part of your Fan Content name or title;
Honestly and fairly describe our Brands or IP Assets;
Do not use any other aspect of the Brands or IP Assets, including as or as part of any logo;
Do not use our Brand as the title of any commercial product or service.
For your guidance, below are examples of permitted and prohibited usage of our Brand “BENDY AND THE INK MACHINE”:
“Battle of the Toons featuring Bendy and the Ink Machine Rise” (This is OK)
“Bendy and the Ink Machine: Battle of the Toons” (This is NOT OK)
8. DOMAIN NAMES, WEBSITES AND SOCIAL MEDIA ACCOUNTS
If you comply with all other aspects of this Policy, you may own and operate a website and/or forum that provides factual information regarding our IP Assets, including the Bendy and the Ink Machine game. You may also register and use a domain name, email address or social media handle that includes one of our Brands.
However, you may NOT:
Include any third-party advertising that damages our Brand;
Suggest in any way that your website is official or approved by Joey Drew Studios;
Register domain names for the purpose of cybersquatting.
9. PROMOTIONS AND ADS IN OUR VIDEO GAMES
You may not use our IP Assets to promote or market unrelated brands, products, people, campaigns, or services. This means that you CANNOT:
Create (or cause others to create) fan games using Joey Drew IP that promote or market unrelated products or services in playable form;
Offer Bendy and the Ink Machine fan games to be displayed or projected publicly within physical locations, including charging money for Bendy and the Ink Machine fan games in theaters, restaurants or other similar venues;
Use the Joey Drew IP to promote any corporate brands, products, or services.
You are allowed to do the following:
Pay to advertise your business in an advertisement window within a Bendy and the Ink Machine video (for example, by displaying a banner ad or by selling your ads on YouTube where they may be shown in connection with Bendy and the Ink Machine videos uploaded independently by players);
Pay for advertisements of your business to be served on websites related to the Joey Drew IP.
10. COMMERCIAL USES (NOT PERMITTED)
We are opposed to you using our Brands and IP Assets for commercial purposes (i.e. making money off of Joey Drew IP). In particular, the following are prohibited commercial uses of Joey Drew IP:
You may not sell any merchandise that uses any of our Brands or IP Assets;
You may not use our Brands as keywords or Internet search tags for products that have no relationship with them or that are counterfeit.
However, Joey Drew Studios permits (i) the scale of original music using Joey Drew IP and (ii) a “fan allowance” of up to 100 units of a particular product, provided that:
You do not mark or a promote the merchandise as “limited edition” or in any other similar manner;
You follow the GROUND RULES in Section 5; and
Joey Drew Studios reserves the right to produce and distribute similar merchandise.
For greater certainty, you may create and sell original music and up to 100 units of a particular product using the Joey Drew IP if you follow all other rules in this Policy.
This Policy was last updated on: November 1, 2018