FAN KIT POLICY

Last update: [✹], [✹]​, 2017

INTRODUCTION: CELEBRATING OUR FANS

I. We care about our fans! ​Social Point, S.L. (hereinafter, “​Social Point​”) is
really grateful for the warm support of its players, fans and customers by
playing its videogames. We are aware that many fans simply love to share
content, tips and opinions about our games and we just want to encourage and
support them with that. Who wouldn’t like our amazing monsters?
II. We love our fan sites! ​We are also aware that many players and fans like to
learn tricks to get the latest monster, develop fan art or simply create funny
content with our characters. Nevertheless, sometimes this use might go too far
and certain people may try to take unfair advantage of the content we provide
by selling it or showing it as if it were officially provided by Social Point.
Please, don’t be mean; don’t make our monsters cry…
III. We have some content for you. ​Just to avoid misunderstandings and ensure
that everyone enjoys our games, we have drafted this Fan Kit Policy (the
“​Policy​”) and we are offering a lot of content on our Fan Site (the “​Fan Site​”)
which you can freely use according to the terms and conditions set forth below.
IV. Before you start, just a reminder from our lawyers! ​The works, texts,
images, logos, trademarks, sounds, animations, characters, drawings,
videogames, videos, source code and any other content provided by Social
Point on our Fan Site (the “​Content​”) are subject to intellectual and industrial
property rights and are the exclusive property of Social Point or the individuals
or legal entities stated. Such rights must be understood as any rights recognized
under any applicable intellectual and/or industrial property legislation for any
purpose and for any kind of use, particularly and without any limitation,
copyright, rights similar or related to copyright or the ​sui generis right to
databases, patents, utility models, industrial designs, trademarks and trade
names, also including domain names and social profiles, trade secrets and
know-how, whether registered, applied for or not registered and always
including the right to apply for the appropriate registration and entries to obtain
or protect such rights (“​IP Rights​”).
V. Now it’s time to enjoy our Content, but please keep in mind the following
terms and conditions!
 TERMS AND CONDITIONS
I. Scope of the Policy
This Policy establishes the rules governing the use of the Content available on
the Fan Site provided by Social Point for non-commercial use only.
Please make sure to review this Policy and all its terms and conditions before you
browse, download or use any Content included on the Fan Site.
This Policy is part of the rules and policies published on the web site
(​http://www.socialpoint.es/​) (the “​Website​”), including but not limited to the
Terms and Conditions of Use, the Privacy Policy and the Cookies Policy, which
you must read and accept. By using the Fan Site and its Content, you accept all
the rules and policies published on the Website, without having to waive them.
Please note that Social Point may change the content of the Policy, as well as the
Terms and Conditions of Use, the Privacy Policy and/or the Cookies Policy to
adapt it to new legal requirements or new features of the Fan Site or the Website.
In all cases, we will notify you each time we substantially modify text, so you are
aware of the current version at all times.
Should you have any questions about the Policy, please do not hesitate to contact
us at: info@socialpoint.es.

II. Use of the Content

All the Content is protected by IP Rights owned by or licensed to Social Point. By
accessing to the Fan Site, you are granted a non-exclusive, personal license to the
Content to reproduce, distribute, transform or communicate the Content to the
public world-wide for non-commercial purposes only, provided you comply with
the terms and conditions of this Policy (the “​License​”). You cannot transfer or
assign the License to any third party. Social Point is entitled to terminate the
License at its sole discretion at any time and for any reason whatsoever.

III. Guidelines on use

a. Non-commercial use​. You must not receive any payment or charge any fee
for the use of any Content or derivative works from the Content,
advertisement, promotion of the sale of products and/or services or fan site
you may draft by using our Content under this License, nor perform any
commercial activities with it. This prohibition of non-commercial use does
not affect the possibility of obtaining revenue from advertising posted on
your site if it complies with this Policy’s guidelines.
b. No sponsorship​. Content must be used in a way that does not suggest any
kind of sponsorship, endorsement or support by or association with Social

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 Point. Content cannot be used anywhere as the main component or in a
predominant manner.
c. Mandatory disclaimer. ​All use of the Content must include a disclaimer
making it clear that Social Point is the owner of IP Rights. The disclaimer
should be displayed in a legible font in any material that includes Content
(e.g. webpages, social media profiles, etc.). A good example would be to
include the following notice: “This content is in no way sponsored by,
affiliated with, endorsed by, administered by or officially approved by
Social Point, S.L. Social Point, S.L. is not responsible for this content”.
d. Respect our IP Rights. ​You are not authorized to use any Social Point IP
Rights other than from the Content, including Social Point’s trademarks,
logos, music... in your own content. You must not attempt to register or
effectively register any IP Right owned by Social Point, such as domain
names, profiles on social media, e-mail accounts… Moreover, you are not
authorized to use any other Social Point advertising material, packaging or
trade dress that is not included in the Content.
e. Respect our goodwill. You accept not to use our Content in such a way that
might harm our goodwill, reputation, image or prestige, or that of our IP
Rights.
f. Unreleased material. ​Should you gain access to any content owned by
Social Point that is yet to be made publicly available, you hereby undertake
not to disclose it to any third party.
g. Merchandising. ​Your authorization to use the Content does not extend to
physical objects or intangible works that cannot be considered as common
fan art. Therefore, you are not authorized to use the Content in relation to
merchandising, videogames, novels, screenplays, cards, stickers, clothing,
etc. You are not authorized to make the Content available on your own
website through frames, mirrors, widgets or hyperlinks, unless you have
obtained a prior written license from Social Point.
h. Unlawful content​. You must use the Content correctly and therefore not in
bad faith or for any act prohibited by law or in breach of business practice.
You are in no way authorized nor should use the Content to: (i) publish,
upload, send by e-mail or in any other way transmit pornographic,
gambling-related, illegal, vulgar, defamatory or obscene material that may
bother, upset or disturb any other person and/or violate their rights, prevent
their use and enjoyment of the Website and/or the Webpage or harm Social
Point’s reputation; (ii) publish, upload, send by e-mail or in any other way
transmit unsolicited or unauthorized material, promotions or advertisements,
junk mail, spam, chain letters, pyramid schemes or any other kind of offer
or commercial exploitation; (iii) create an electronic data base or data base
of any other nature containing material downloaded or in any other way

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 obtained from the Website; (iv) transmit or retransmit to a third party any
material obtained from the Website in breach of the rules of use governing
Social Point’s intellectual property published on the Website; (v) obtain or
in any other way attempt to obtain material, documents or information from
the Website not found on the Website with automatic devices such as, for
example, deep-links, page-scrapes, robots, spiders or other similar devices;
(vi) access, copy or monitor any part of the Website, reproduce or in any
way circumvent the browsing structure of the Website or any content; (vii)
upload or transmit any material containing malware (viruses) or any other
code, file or computer program designed to interrupt, restrict, destroy, limit
the operation or in any way compromise the integrity of any software or
hardware or telecommunications equipment. Social Point reserves the right
to prohibit any activity or material of this nature.
i. Doubts​: If you have any doubt about what you are authorized to do with our
Content, please ask us. Send us an e-mail to ​info@socialpoint.es and we
will be pleased to help you.

IV. Use of your content

The use of our Content to create derivative works (fan art) means that you are granting
Social Point a non-exclusive, worldwide, royalty free and transferable license to
such content for the maximum duration of such rights, in order to reproduce,
distribute, transform and communicate such content to the public through the Fan
site, the Website and/or any media format and channel, whether tangible or not.

V. Don’t forget: miscellaneous provisions

a. Age​. By entering the Website, you declare that you are over 14 years’ old. If
you are under the age of eighteen (18) –or the legal age in your country-,
permission from your parents or your legal guardian may be required
b. Liability​. You are directly liable for breaching any of the obligations to
which you are subject under this Policy or any law related to the use of the
Website.
We have no obligation to monitor how you use the Content, the Fan Site or
the Website. In particular, we do not guarantee that you or other users will
use the Content or the Fan Site in accordance with this Policy or that you
will do so diligently. Neither do we have an obligation to verify your
identity, nor the truthfulness, validity, completeness and/or authenticity of
the information provided by you. In any event, please note that we keep all
the data and information required by law.

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 We reserve the right to deny use of the Content and/or the Fan Site and to
remove information, data and published content posted by any user that
breaches this Policy at any time, without prior notice.
We cannot guarantee the availability and continued operation of the Content
and/or the Fan Site. Where reasonably possible, we will notify you of
interruptions. We assume no liability for damages of any kind that may arise
due to a lack of availability or continued operation of the Content and/or the
Fan Site.
Social Point is not responsible for errors, delays in access, system delays or
any other irregularity that may arise in relation to network problems of a
general nature, acts of God, force majeure or any other totally unforeseeable
contingency and therefore beyond the control in good faith of the company.
Moreover, we will not be responsible for any failure in communications,
erasure or incomplete transition that may occur for such reasons and we do
not guarantee that the Content and/or the Fan Site will be in operation at all
times.
To the maximum extent allowed by applicable law and without affecting
your rights as a consumer, Social Point provides the Content on an “as is”
and “as available” basis under the terms of the License, without any
representations or warranties of any kind, including, but not limited to the
warranties of merchantability, fitness for a particular purpose,
non-infringement and those arising from commercial use.
We reserve the right to update or delete any Website content, as well as to
limit or deny access to any user on a temporary or permanent basis.
Notwithstanding the above, this disclaimer of liability does not intend to
limit our liability for a breach of any obligation imposed by applicable
national law, nor does it exclude our liability in matters where it cannot be
excluded according to said law.
Social Point assumes no liability for any use of the Content during fan
meetups, which shall be your sole responsibility. If you are the organizer,
you will be solely responsible for complying with applicable law and
regulations and you hereby undertake to inform all the people attending
such meetings that they are not, by any means, authorized, sponsored, or
associated to Social Point.
c. Social Point reserves the right to take all legal action against any breach of
the Policy, at his sole discretion.
d. To the maximum extent applicable under national law, this Policy is
governed by Spanish Law.

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