Our fans are the backbone of our video games Gorilla Tag™ and Orion Drift™ (collectively, our “Games”), and we continue to be amazed by your enthusiastic engagement with our games, including the creation of fan content and mods inspired by our games. Thank you!
Recognizing that you may have questions about what you can and cannot do with our intellectual property, we have created this Fan Content & Mod Policy (this “Policy”) to help you navigate the use of our intellectual property. We hope that you understand that this Policy is in everyone’s best interest, as we have to balance our love of Mods and Fan Content with protecting our intellectual property.
So if you plan on using any of our logos, names, themes, objects, characters, including character names, abilities, or appearances, stories, scenes, dialogs, text, catch phrases, locations, concepts, maps, items, artwork, images, animation, sounds, musical compositions, sound effects, audio-visual effects, code, software, or other intellectual property from our Games (collectively, our “Game IP”) to create new content or features (e.g., maps) for use with our Games (each, a “Mod”) or to create artwork, photographs, videos, and other materials (collectively, “Fan Content”), please review this Policy carefully.
YOU MUST COMPLY WITH THIS POLICY IN CREATING, SHARING, DISTRIBUTING, USING, OR OTHERWISE EXPLOITING ANY MOD OR FAN CONTENT. THIS POLICY IS INCORPORATED INTO AND SUBJECT TO OUR TERMS OF SERVICE. WE MAY MODIFY THIS POLICY AT ANY TIME.
Subject to your compliance with this Policy and our Terms of Service, Another Axiom Inc. (“we,” “us,” “our,” and their derivatives) gives you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to use, share, distribute, and create derivative works based upon our Game IP for your non-commercial, community use for Fan Content and Mods. Such limited license, for Gorilla Tag only, includes the ability to use the in-game modding tools, any assets or maps, repositories, or other related tools provided by Another Axiom or mod.io (collectively, “Modding Tools”) solely and exclusively to create Mods and to distribute those Mods on the approved Mod page(s) for Gorilla Tag.
In consideration of the above limited license, you hereby grant Another Axiom and its affiliates and licensors all the necessary consents, clearances, and an irrevocable, sublicensable, worldwide, royalty-free, and perpetual license and right to use, reproduce, modify, adapt, display, distribute, or otherwise exploit any Fan Content or Mod in any way Another Axiom sees fit. You waive and agree never to assert against Another Axiom and its affiliates and licensors any moral rights or similar rights, however designated, that you may have in or to any Fan Content and Mods.
You acknowledge that you will have no ownership or other proprietary interest in any Fan Content or Mods which you create, except as expressly stated herein. Any Fan Content or Mods that you create will belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title, and interest in and to any elements of the Fan Content or Mod which represent, comprise, derive, or are based upon our Game IP, including, without limitation, copyrights, trademarks, and other intellectual property contained in our Games, whether or not registered or registrable, are owned by Another Axiom or its affiliates or licensors.
For any Mod or Fan Content, you must include the following disclaimer in a clear and visible area (such as the Mod’s webpage):
“This product is not affiliated with Another Axiom Inc. or its videogames Gorilla Tag and Orion Drift and is not endorsed or otherwise sponsored by Another Axiom. Portions of the materials contained herein are property of Another Axiom. ©2021 Another Axiom Inc.”
We disclaim all liability in connection with your Mod and Fan Content. If any claim or action is brought against us related to your Mod or Fan Content, you will be responsible for our legal fees and any resulting damages. Please see our Terms of Service, including Sections 17 (Disclaimer of Warranties), 18 (Limitation of Liability), 19 (Indemnification), and 20 (Arbitration Agreement), for more details.
Certain Modding Tools for Gorilla Tag are owned or operated by mod.io. Your use of such Modding Tools are therefore subject to mod.io’s Terms of Use, Acceptable Use Policy, Privacy Policy, and other community policies. You agree to carefully review and comply with such community policies.
You acknowledge and agree that your use of the Modding Tools is at your own discretion and risk and that you will be solely responsible for any obligations, damages, or losses which arise from your use of the Modding Tools.
The below examples are not exhaustive. We reserve the right to deny anyone the use of our Game IP at any time, for any reason or no reason, including when we decide, in our sole and absolute discretion, that you are using our Game IP inappropriately. We also reserve the right to issue a formal takedown request for any Mod or Fan Content that infringes our intellectual property rights. If we deny you the right to use our Game IP, you must stop using, sharing, and distributing your Mod or Fan Content immediately.
Examples of Fan Content and Mods that are Acceptable
(a) You may create an original Mod that does not copy our Game IP and has no monetization features.
(b) You may create a Mod that is commissioned and funded by you and your friends for private use among those users only.
(c) You may create artwork based on our Game IP and share that artwork on social media. For example, posting artwork on Instagram featuring our Games or characters with the caption “Check out this fan art I made from the game Gorilla Tag/Orion Drift!” is encouraged.
(d) You may create and sell a small batch of fan merchandise using our Game IP where the merchandise is made by hand or with minimal third-party involvement (e.g., no manufacturer).
(e) You may play or post videos of you playing our Games on Twitch, YouTube, Meta, Twitter, Discord, or reddit. Please see our Terms of Service, including Section 10 (Limited License to Broadcast Gameplay), for more details.
(f) You may have a Game themed party.
Examples of Fan Content and Mods that are Prohibited
(a) You may not use our Game IP in a manner that is discriminatory, offensive, vulgar, obscene, defamatory, violent, or are otherwise deemed inappropriate and damaging to our Game IP (as determined by us in our sole discretion). This includes, without limitation, materials that are racist, sexist, or could cause harm to any person.
(b) You may not use our Game IP to promote alcohol use, tobacco and cannabis use, gambling and betting, drug use, or any kind of illegal activity.
(c) You may not use our Game IP to violate the privacy, publicity, intellectual property, or other rights of any third party.
(d) You may not copy or redistribute our Game IP for any Mod or Fan Content (such as selling copies of our Games).
(e) Except the Modding Tools, you may not incorporate a third party’s intellectual property into any of your Mod or Fan Content, without that third party’s express permission. Your Mod and Fan Content must be original.
(f) You may not share a Mod or Fan Content that implies or otherwise states that it is associated with, endorsed, licensed, or authorized by us. For example, you may not put the official Game logo in the center of your Fan Content or Mod or write something like “Gorilla Tag/Orion Drift by Another Axiom.”
(g) You may not use our Game IP for, or in combination with, any advertising or marketing materials.
(h) You may not add monetization features within any Mod. Donations and subscriptions are not permitted.
(i) You may not create hacks for our Games or use our Game IP to distribute any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(j) You may not create clones or ports using our Game IP.
(k) You may not use our Game IP, including our code or software, to develop another game.
(l) You may not use your own or third party servers for any Mod.
(m) You may not create or sell prints, t-shirts, or any materials featuring our Game IP on a large-scale basis (100 units or more) or for a commercial use (such as on Kickstarters or other crowdfunded payment options).
(n) You may not use our Game IP to create or mint NFT’s (non-fungible tokens).
Another Axiom is not required to monitor and does not endorse or approve any Mods or Fan Content. You are solely responsible for your Mods and Fan Content. To the maximum extent permitted by applicable law, Another Axiom does not assume any responsibility or liability for any Fan Content or Mods, the removal of any Fan Content or Mods, or its failure or delay in removing any Fan Content or Mods.
Here are some common misconceptions about using our Game IP and others’ intellectual property:
Myth: “If it’s on the internet, it’s free to use.”
Reality: Most online content, including videogames and their software, images, videos, and songs are protected. Using it without the creator’s permission can lead to legal consequences. Always check the usage rights and obtain proper permissions before using online content.
Myth: “If I give credit, I can use any content.”
Reality: Crediting the original creator is nice, but it does not automatically grant you the right to use their work. Permission is still required, unless the work is explicitly licensed for free use, such as through a Creative Commons license. However, even open source assets may be subject to limitations. In short, even with proper attribution, you must adhere to the terms set by the creator.
Myth: “If I alter the work, it’s no longer copyrighted.”
Reality: Modifying a copyrighted work does not make it your own or remove the original copyright. The new, derivative work may also be subject to copyright—meaning you still need permission from the original creator to use their work, even if you’ve changed it.
Myth: “As long as I don’t make money from it, I can use it.”
Reality: Many people believe that non-commercial use of protected material is automatically allowed. However, unauthorized use, even for personal or non-profit purposes, can still violate intellectual property laws.
Myth: “I can use a small portion of a work without permission.”
Reality: The concept of “fair use” allows for the limited use of copyrighted material without permission, but it’s a very nuanced and context-dependent legal doctrine. Simply using a small part or a certain percentage of a work does not automatically qualify as fair use. And even if fair use applies, it does not mean you are not infringing—it is merely a defense available to infringement.
For more information about trademarks and copyrights, we’ve provided links to the US Patent and Trademark Office and the US Copyright Office’s “Frequently Asked Questions” sections.
Reporting Claims of Copyright Infringement. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Mod or Fan Content that we control infringes your copyright, you may request removal of those materials (or access to them) by emailing us at legal@anotheraxiom.com with the required information below.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice to us (the “DMCA Notice”) must include substantially the following:
(a) your physical or electronic signature;
(b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
(c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
(d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
(e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
(f) a statement that the information in the written notice is accurate; and
(g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all the requirements listed above, your DMCA Notice may not be effective. Also, if you knowingly and materially misrepresent that the applicable Fan Content or Mod is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures. If you believe that your Fan Content or Mod was removed or disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by emailing us at legal@anotheraxiom.com with the required information below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
(a) your physical or electronic signature;
(b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
(c) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
(d) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
(e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.
The DMCA allows us to restore the removed materials if the party filing the original DMCA Notice does not file a court action against you within 10 business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that the applicable Fan Content or Mod was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers. It is our policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.
We may consider granting licenses to fans who wish to create content using our Game IP for use and sale within our in-game store. Please contact us by completing a support ticket at https://support.gorillatagvr.com/ or emailing us at support@anotheraxiom.com to learn more about this opportunity.
