GAIJIN GUIDELINES FOR CONTENT CREATORS

WE ENCOURAGE USER CREATIVITY AND ASK EACH CONTENT MAKER (“CREATOR”) TO REFER TO THIS DOCUMENT (“GUIDELINES”) AND FOLLOW GIVEN GUIDELINES WHEN USING GAIJIN’S VIDEOGAME(-S) (“GAMES” OR “GAME”) PUBLISHED ON ANY PLATFORM (I.E. WINDOWS, XBOX, PLAYSTATION, IOS, ANDROID AND ETC.), INCLUDING, BUT NOT LIMITED TO, WAR THUNDER, CROSSOUT, STAR CONFLICT, CRSED: F.O.A.D., ENLISTED, AGE OF WATER, AND/OR ANY OTHER GAIJIN VIDEOGAMES, FOR THE PURPOSE OF CREATING ANY CONTENT WITH THE USE OF THE GRAPHICAL, AUDIOVISUAL AND ANY OTHER CONTENT OF THE GAME, INCLUDING LOGOS, GAMEPLAY FOOTAGE, AND SCREENSHOTS, IN ANY LANGUAGE IN THE FORM OF, WITHOUT LIMITATIONS, VIDEO REVIEW, GAMEPLAY STREAMING, TEXT REVIEWS AND NOTES (“CONTENT” AND “GAIJIN MATERIALS” RESPECTIVELY) AND DISTRIBUTION OF THE CONTENT ON THE INTERNET THROUGH ONLINE STREAMING OR PUBLICATION ON INTERNET SITES (“PLATFORM(-S)”) PROVIDED THAT YOUR CONTENT IS FREELY AVAILABLE TO THE PUBLIC. PLEASE ALSO NOTE THAT THESE GUIDELINES ARE NOT EXHAUSTIVE, AND DO NOT GRANT A LICENSE OR AUTHORIZATION, OR PERMISSION FOR A THIRD-PARTY CONTENT ITEM. GAIJIN MAY REMOVE OR REPORT AT ANY TIME ANY CONTENT THAT, AT GAIJIN’S OWN DISCRETION, IS TREATED AS INFRINGING, INAPPROPRIATE, OR UNLAWFUL IN ANY WAY.

THE ENGLISH VERSION OF THIS DOCUMENT IS THE ONLY ORIGINAL VERSION AND SHALL PREVAIL IN THE EVENT OF ANY DIFFERENCES, QUESTIONS, OR DISPUTES CONCERNING THE MEANING, FORM, VALIDITY, OR INTERPRETATION THEREOF.

1. LIMITATIONS OF USE

1.1. A Creator’s use of Gaijin Materials has specific limitations established by Gaijin at its sole discretion. In particular, the Creator unconditionally agrees and guarantees that he or she WILL NOT (or will not attempt to do or facilitate doing) under any circumstances the following:

1.1.1. Gaijin’s Official Content

assert or give the impression that the Content is produced or approved by Gaijin or its employees, agents or other affiliated parties as well as that Gaijin or its employees, agents, or other affiliated parties otherwise bear on the Content;

1.1.2. Limited commercial use

use the Content, Gaijin Materials, and Game for making money or gaining any other financial benefit unless otherwise permitted in these Guidelines or in other document regulating the use of Gaijin Materials (for example, affiliate and partnership agreements with the Creators);

IMPORTANT NOTICE: Gaijin does not restrict the Creator from running advertisements or conducting other profit-generating activity via Platform’s standard monetization system (for example, YouTube pre-roll ads), however reserves the right to request immediate removal of the Content monetized by any other means.

1.1.3. No transmitting unauthorized information and inappropriate Content

post, publish, send, promote, cite, or put a link to information that (1) infringes third parties’ rights, including intellectual property rights; (2) is offensive, including in any of the following ways – religiously, sexually, racially, nationally, personally; (3) defamatory, abusive and threatening language; (4) contains nudity or is of sexual and pornographic nature; (5) is unlawful, deceptive or fraudulent; (6) invades someone’s privacy; (7) contains harassment or promotes and encourages harassment and/or excessive violence; (8) encourages crimes, torts or other offenses, or gives rise to civil liability; (9) otherwise violates the Guidelines, EULA, Terms of Service or any other Gaijin policies/agreements and/or applicable law;

1.1.4. No Pre-Release Content

create, post the Content or disclose unofficially released, unauthorized, or leaked Content of any kind in any format. The Content containing any material in relation to any Gaijin’s Game prior to its official release date is strictly prohibited for publishing without Gaijin’s explicit and specific authorization;

1.1.5. No extraction of Game elements

extract materials from the Games (such as voice recordings, music, and game objects) and distribute them separately;

1.1.6. No Plagiarism

copy official trailers or create Content based on static in-game images without a significant creative contribution from the Creator (trailer reactions and commentary videos usually serve as examples of such creative contribution);

1.1.7. No usage of names, logos, trademarks, and other Gaijin’s designations

use any designations related to the Game (including, but not limited to the Game title and logo) in order to distinguish any products other than the Game, with a view to profit or not, without the prior consent of Gaijin or for the purpose other than reference to a Game, as well as to register such designations (identical or confusingly similar) as trademarks and/or domain names (including sub-domains) in any country in the world;

1.1.8. No software modification

decompile Games or perform other actions for which the Game was not originally intended in order to gain access to materials for creating the Content;

1.2. Please note that some Game Content (songs, unique models, logos, etc.) may not be owned by Gaijin, but licensed by third-party artists or authors instead. Please be aware that, for instance, unauthorized use of some game music may cause potential video deletion by Platforms. If you intend to use any intellectual property of a third party, you are solely responsible for obtaining all necessary permissions.

1.3. All of the above will be considered a violation of Gaijin’s rights, and we may contact you or others (including Platforms), inform them of violations, ask you or others to immediately stop distributing the Content, or purchase a license for commercial or other use. Please also note the above list of limitations is not exhaustive.

1.4. No politics. Gaijin does not endorse or support any political parties, groups, movements, organizations or committees, any companies, partnerships, corporations, or associations organized or maintained for political purposes, as well as candidates for political office, including in connection with any election, referendum, proposed bill, or for any other political purpose whatever.

In connection therewith, Gaijin explicitly prohibits the use of the Games and/or Gaijin Materials for political purposes, including the purposes above. The Content must also not contain any political symbols, logos, attributes, slogans, appeals, statements, or other politically oriented content, except for the content added to the Game by Gaijin.

2. GENERAL RULES FOR GAIJIN PARTNERS

2.1. Gaijin may enter into a partnership contract with some of the Creators (each “Gaijin Content Partner” or “Partner”). In such a case the Content may be accompanied by an individual referral link of Gaijin Content Partner in accordance with the requirements set out in the contract.

Under no circumstances shall a Creator that is not Gaijin Content Partner impersonate any Gaijin Content Partner, for example, by using their individual referral link, or otherwise act as a Partner.

2.2. Gaijin Content Partner shall not engage in any activity that, at the reasonable discretion of Gaijin, contradicts these Guidelines or any principles established by them, or harms (or likely may harm) Gaijin or its Games.

For example, Gaijin Content Partner are not allowed to distribute any xenophobic or misanthropic content, or to encourage others to break the law. This prohibition applies to all Gaijin Content Partner’s public media, whether directly related to a Game (for example, YouTube or Twitch channel) or not (personal websites, social networks, etc.).

2.3. Based upon the complaints received from any source, Gaijin may suspend or terminate the partnership if Gaijin Content Partner violates the paragraph 2.2 of these Guidelines, or on other grounds provided by the partnership contract.

In case of suspension, Gaijin decides on its duration taking into account the severity and repeatedness of violation, and Partner’s willingness to remedy the violation.

Please note that Gaijin may (but is not obliged to) revoke the suspension and continue the partnership if Gaijin Content Partner eliminates the cause of violations (for example, by removing the inappropriate content).

3. OTHER PROVISIONS

3.1. Gaijin may update these Guidelines from time to time in accordance with clause 11.2 of Gaijin Terms of Service. Please refer to the latest version before sharing the Content.

3.2. Gaijin may object to any use of the Games or Gaijin Materials, and request removal of such objectionable Content at Gaijin’s sole discretion.

3.3. These Guidelines are only applicable to individual Creators, and do not apply to legal entities or other organizations of any form.

4. CONTACT INFORMATION

Should you have any questions regarding the use of Gaijin Materials, Content, and/or these Guidelines, please contact our Marketing Department via contentpartners@gaijin.net.

Last updated: November 28, 2022