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Clarification of User Generated Content in TOS

pilot_tylerpilot_tyler Member, Alpha Two
edited December 2024 in General Discussion
So, as I read the TOS, TOS says you can't use the game commercially, but later it does say you can stream it etc under user generated content. However, as I read it, that same clause doesn't specify you can monetize the video and/or stream while playing the game? Any insight on this would be greatly appreciated.

Comments

  • Taleof2CitiesTaleof2Cities Member, Alpha Two
    edited December 2024
    You might want to give more context of what you intend to do “commercially”, pilot_tyler.

    Streaming Alpha-2 (e.g. on Twitch) is not against the ToS and totally encouraged. Many streamers are doing that currently.

    Not only does it get the word out about Ashes, but the devs like to watch first-hand gameplay too.
  • pilot_tylerpilot_tyler Member, Alpha Two
    @Taleof2Cities Sorry if it came off as vague, but (and let me preface this with not trying to sound like a smart ass) I meant it exactly as I said. Monetized videos / streams on twitch, youtube, etc are either paid for by the platform, a 3rd party sponsor, or both. So my question is this; is monetization of videos playing the game against the TOS? I'm aware the dev watches people stream, and I also don't claim to be a legal expert, I'm just trying to get an understanding of the intent of the TOS from the people that wrote it or paid someone to write it in legal speak for them.
  • unknownsystemerrorunknownsystemerror Member, Phoenix Initiative, Royalty, Kickstarter, Alpha One, Alpha Two, Early Alpha Two
    Streaming and other in game activities that are allowed by Intrepid do not break the TOS. If you take footage of the game, try to sell screenshots of it as "art", make T-shirts with a particularly funny screenshot from in-game and sell as "merch" and a host of other ways that Intrepid finds objectionable, then you would be breaking the TOS and they could sue you for it depending on the perceived monetary loss. How do you know what is and isn't allowed? You have to go back to previous statements by Intrepid. For example, many of us were under NDA (and some still are) and visuals of that gameplay during that time Intrepid has said they want that NDA to stand on has not changed. But in 2017, they sold packages to people with the statement that there are no "named" testing alphas or betas in the KS packages that are under NDA. This is why Intrepid did this happy dance of wordsmithing various testing as "Pre-A2" and "Pre, pre pre whatever" to get away with slapping a NDA on the game. It all comes down to if they think you are trying to make money off of their IP in ways that they could. If you cut a deal with Monster Energy as a streamer and then try to spam Monster ads in their in game chat channels, then you probably getting kicked to the curb. Just as if you decide to stream with Linkin Park playing during your stream. Do common sense things, then be fine. Do the Dew, lose your access.
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