CBS Terms & Conditions
You agree that by including your Fan Artwork (as defined below) in the Fan Art Program with CBS (the “CBS Fan Art Program”) and by offering Licensed Product(s) (as defined below) displaying such Fan Artwork for sale on the TeePublic online marketplace (the “Marketplace”), you are agreeing to enter into a legally binding contract with TeePublic Inc. (“TeePublic ,” “us” or “we”). If you do not agree to these terms and conditions (the “Fan Art T&Cs”), do not submit or include your artwork in the CBS Fan Art Program or otherwise use any of TeePublic ’s licensing facilitation services in connection with the CBS Fan Art Program (the “Licensing Services”).
I. Definitions
“CBS Marks” means the respective CBS-approved titles of the Programs (as defined below) and the CBS-approved trade and service marks and names, and the CBS approved logos and artwork, if any, embodying them, and other CBS-approved trade and service marks and names associated with CBS. Any reference to a “CBS Mark” shall include any one of the CBS Marks.
“CBS Property(ies)” means approved elements from the Programs, including, without limitation, the approved CBS Marks from or related to the Programs.
“Fan Artwork” means any new derivative artworks of the CBS Properties created by you or on your behalf that are approved by CBS for your use and included in the CBS Fan Art Program and that are displayed on one or more Licensed Product(s) you offer for sale on the Marketplace. Fan Artwork explicitly excludes any content that is the same or substantially similar to any pre-existing property of CBS.
“Licensed Product(s)” means consumer merchandise incorporating the CBS Properties and/or CBS Marks and Fan Artwork.
“Program(s)” means the television program, television program series and/or motion pictures (if any) listed on Exhibit A (attached hereto), as may be updated from time to time.
II. Creating and Selling Fan Art
- Subject to the terms and conditions herein, you are hereby granted a nonexclusive, non-assignable, revocable license to sell and offer for sale Licensed Product(s)displaying your Fan Artwork that has been pre-approved by CBS, solely through the TeePublic Marketplace until such license terminates or is earlier revoked by CBS or its designee. You acknowledge and agree that nothing herein shall affect or limit the unrestricted right of CBS or its designees to distribute or exhibit any Program or CBS Property, in whole or in part, by any means or in any media.
- You acknowledge and agree that the license grant from CBS herein extends only to the TeePublic Marketplace, and that you may only sell or offer to sell Licensed Product(s) on the TeePublic Marketplace and nowhere else, whether online or in a physical location.
- You will comply with any and all rules and regulations provided by CBS or TeePublic on CBS’s behalf, including the Guidelines and the TeePublic User Agreement, which are each hereby incorporated by reference herein.
- You agree that all Fan Artwork that you offer for sale must include, visibly displayed within the image itself, the trademark and copyright notices provided by CBS, which are subject to change at any time.
- You will at all times comply with all applicable federal, state and local laws, regulations, rules, guidelines and any amendments to any of the foregoing relating or pertaining to the Licensed Product(s).
- Failure to comply with any of the above (or any other term or condition of these Fan Art T&Cs) shall be a material breach and may result in the immediate termination of the license grants herein, removal of your content from the CBS Fan Art Program and the TeePublic Marketplace, suspension of your user account, and other penalties, as determined by TeePublic and/or CBS in their sole discretion.
III. CBS Marks and CBS’s Right to Purchase Fan Art
- By selling Licensed Product(s), you acknowledge and agree that, subject to applicable law: (i) the title of the CBS Properties and Programs (and, if any Program is a sequel to a prior work, or if there are now or are later developed sequels to the Programs, the titles of such prior work and of such sequels) and the logos and/or artwork, other artwork developed for advertising and promotional use and other product development material embodying such title or titles are trademarks and copyrights of CBS or its designee(s), whether or not registered as such; (ii) the goodwill associated with the CBS Properties, the Programs, the CBS Marks and all uses of the foregoing inure solely and exclusively to CBS or its designee(s); and (iii) the CBS Properties, the Programs and the CBS Marks have acquired, and will continue indefinitely to have and to acquire, a secondary meaning in the minds of the public.
- Except for the licenses granted herein, you agree that you shall not acquire any rights, title or ownership interest in any Program, CBS Properties and/or CBS Marks, or derivatives, as a result of your use thereof. You acknowledge and agree that you shall not acquire any right whatsoever in any motion picture or television production or other endeavor which is based upon, derivative of, inspired by, or otherwise related to the Programs, including, without limitation, remakes, prequels, sequels, sound recordings, publications, or other endeavors in which the characters, characterizations, designs, and/or visual representations contained in the Programs may appear; all right, title, and interest in and to the foregoing is retained by CBS and/or its designee(s), as applicable, without limitation or restriction including the right to exploit or license any items based upon such derivative or related works. You shall not, directly or indirectly, at any time, attack CBS’s or its designee’s ownership of the CBS Properties, the Programs and other product development material, the CBS Marks or the validity thereof or attack the validity of the license granted herein, or apply for any registration or file any document or take any action which would affect CBS’s or its designee’s ownership of the Programs, CBS Properties, CBS Marks or other product development material, or aid or abet anyone else in doing so, or use or authorize the use of any CBS Mark, trade name or words, symbols or combination thereof or other designation identical with or confusingly similar to the CBS Marks or to any element of the CBS Properties, Programs or other product development material, whether or not such element shall have been protected by patent, trademark or copyright. You agree not to in any way disparage the CBS Properties, the Programs, the CBS Marks and/or CBS or its designee(s). You agree not to, while these Fan Art T&Cs are in effect or at any time thereafter, register, or attempt to register any CBS Mark, any other trademark, service mark, trade name or logo of CBS, or any similar trademark, service mark, trade name or logo. You shall cooperate with TeePublic in protecting the CBS Properties, Programs and/or CBS Marks and shall promptly supply TeePublic with any information or materials as requested by TeePublic and/or CBS.
- In the event during the Term, you create any artwork that is the same as or substantially similar to a CBS Mark or other proprietary content of CBS (except for Fan Artwork, which is separately addressed below), then all rights, titles and interests in and to such mark(s) and/or content shall immediately vest in CBS. If CBS notifies you that it would like to purchase any of your Fan Artwork(s), you agree to negotiate with CBS in good faith for such purchase. Provided you and CBS execute a contract providing for such purchase and assigning any rights you may have in such Fan Artwork (and other documents reasonably requested by CBS), such Fan Artwork shall, notwithstanding its creation by you or on your behalf, become the exclusive property of CBS or its designee(s), and CBS may use, alter and edit, and license others to use the same in its sole and absolute discretion.
EXHIBIT A
Programs
BILLIONS
CHARMED (1998)
CHARMED (2018)
CRIMINAL MINDS
CRAZY EX-GIRLFRIEND
DEXTER
JANE THE VIRGIN
PENNY DREADFUL (2014)
STAR TREK: THE ORIGINAL SERIES
STAR TREK: THE ANIMATED SERIES
STAR TREK: THE NEXT GENERATION
STAR TREK: DEEP SPACE NINE
STAR TREK: VOYAGER
STAR TREK: ENTERPRISE
STAR TREK: DISCOVERY
STAR TREK: THE MOTION PICTURE
STAR TREK: THE WRATH OF KHAN
STAR TREK: FIRST CONTACT
STAR TREK: INSURRECTION
STAR TREK: NEMESIS
STAR TREK: THE SEARCH FOR SPOCK
STAR TREK: THE VOYAGE HOME
STAR TREK: THE FINAL FRONTIER
STAR TREK: THE UNDISCOVERED COUNTRY
STAR TREK GENERATIONS
TWIN PEAKS