1.1. Contractual Relationship These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Creative," or "you") and Crossed Arms Ltd. ("Crossed Arms," "we," "us," or "our"), a private limited company incorporated and registered in England and Wales. By accessing, browsing, registering for, or submitting content to the Crossed Arms platform (the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
1.2. Global Scope and Governing Law The Platform is controlled and operated from the United Kingdom. These Terms are governed by and construed in accordance with the laws of England and Wales. For Users located in the UK/EU/ROW: You agree to submit to the exclusive jurisdiction of the English courts for the resolution of any disputes. For Users located in the US: You agree that any dispute shall be resolved through binding arbitration as detailed in Section 11, waiving any right to a class action.
1.3. Modifications We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on the Platform. Your continued use of the Platform after such changes constitutes acceptance of the new Terms.
2. Platform Status and Non-Agency Disclaimer
2.1. Nature of the Service Crossed Arms acts solely as a curated directory, educational resource, and discovery platform for the esports creative industry.
2.2. NOT an Employment Agency You expressly acknowledge and agree that Crossed Arms is NOT an employment agency or employment business as defined by the Employment Agencies Act 1973, the Conduct of Employment Agencies and Employment Businesses Regulations 2003, or any equivalent local legislation in your jurisdiction.We do not introduce candidates to hirers.We do not verify the identity, suitability, or solvency of any organization accessing the Talent Database.We do not negotiate terms of employment or freelance contracts on your behalf.
2.3. Passive Intermediary The Platform serves strictly as a venue for advertising creative work and facilitating discovery. Any engagement, contract, or employment relationship formed between a Creative and an organization is an independent agreement to which Crossed Arms is not a party. We accept no liability for the terms, conditions, or performance of such engagements.
3. Eligibility and Account Security
3.1. Minimum Age Requirement The Platform is strictly intended for use by individuals aged 16 years or older.By accessing the Platform, you represent and warrant that you are at least 16 years of age.If you are between the ages of 16 and 18 (or the age of majority in your jurisdiction), you represent that you have obtained the legal consent of your parent or guardian to use the Platform and agree to these Terms.
3.2. Verification We reserve the right to request proof of age at any stage to verify compliance. In the event we discover a user is under the age of 16, we will immediately suspend the account and delete all associated data in accordance with our obligations under the UK Online Safety Act 2023 and UK GDPR.
4. Intellectual Property and Content Curation
4.1. The Curation Model Crossed Arms operates as a curation service. We host low-resolution preview images ("Thumbnails") and metadata, while providing direct hyperlinks to the original source of the work (e.g., ArtStation, Behance, X, or personal portfolios). We do not claim ownership of any User Content.
4.2. Ownership Retention As between you and Crossed Arms, you retain all ownership rights, copyright, and intellectual property rights in the work you submit ("User Content").
4.3. Grant of License To operate the Platform and promote your work, we require specific rights. By submitting User Content, you hereby grant Crossed Arms a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to: (a) Host and Display: Reproduce, distribute, and publicly display Thumbnails of your User Content on the Platform. (b) Promotion: Use, reproduce, and display your User Content in connection with the internal promotion, marketing, and advertising of the Platform. This includes, but is not limited to, inclusion in Crossed Arms newsletters, "Best of" spotlights, social media reels, and educational breakdowns. (c) Adaptation: Format, resize, and arrange your User Content solely to ensure compatibility with the Platform’s technical design and functionality.
4.4. Non-Commercial Restriction The license granted in Section 4.3 is subject to a strict non-commercial restriction. Crossed Arms is expressly prohibited from selling, licensing, or otherwise commercializing your User Content as standalone assets. We will not sell your artwork as prints, stock photography, or NFTs. This restriction does not apply to the general monetization of the Platform via membership fees for access to platform features.
4.5. Text and Data Mining (TDM) Prohibition Crossed Arms prohibits the crawling, scraping, or use of any content on the Platform (including User Content and metadata) for the training of artificial intelligence or machine learning models. We explicitly reserve our rights under Article 4(3) of the Directive on Copyright in the Digital Single Market and relevant UK legislation.
5. Submission Warranties and Rights Clearance
5.1. User Representations You represent and warrant that for every piece of User Content you submit:(a) You are the sole author and copyright owner, OR you have obtained all necessary explicit permissions, licenses, and releases from the relevant rights holders (including clients, agencies, game publishers, or collaborators) to submit the User Content;(b) You have the right to share any "behind-the-scenes" context, project briefs, or process breakdowns and that doing so does not violate any Non-Disclosure Agreement (NDA) or confidentiality clause;(c) The User Content does not infringe the intellectual property rights, privacy rights, or publicity rights of any third party.
5.2. Fan Art and Game Assets If your User Content constitutes "Fan Art" or utilizes intellectual property owned by game publishers (e.g., Riot Games, Blizzard Entertainment, Valve), you represent that your use complies with the specific "Fan Content Policy," "Legal Jibber Jabber," or equivalent license of the respective IP owner. You acknowledge that Crossed Arms is not a party to these licenses and holds no liability for your compliance.
5.3. Indemnification You agree to indemnify, defend, and hold harmless Crossed Arms, its directors, officers, and employees from any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of your violation of these warranties or your infringement of any third-party right.
6. AI Policy and Transparency
6.1. Definitions"Generative AI Content" means content where the primary visual, audio, or textual output is synthesized by an artificial intelligence system (e.g., Midjourney, DALL-E, Stable Diffusion) with minimal human post-processing."AI-Assisted Work" means original human-created work that utilizes AI tools for ancillary tasks (e.g., upscaling, denoising, generative fill, reference generation) where the human creator retains dominant creative control and authorship.
6.2. Mandatory Disclosure Transparency is core to our mission. If you submit Generative AI Content, you MUST explicitly mark it using the "AI-Generated" tag provided during the submission process. AI-Assisted Work does not require specific tagging, provided it meets the definition in 6.1.
6.3. Enforcement Failure to properly disclose Generative AI Content is a violation of these Terms and may result in the removal of the content and/or suspension of your account. Crossed Arms reserves the right to determine, at its sole discretion, whether a work falls into the "Generative" or "Assisted" category.
7. Community Standards and Anti-Gatekeeping
7.1. Code of Conduct You agree to use the Platform in a manner that fosters an inclusive, educational, and professional environment. The following behaviors are strictly prohibited and may result in immediate account termination:Harassment: Any form of sexism, racism, homophobia, transphobia, or hate speech.Gatekeeping: Maliciously withholding knowledge, aggressively disparaging beginners, or engaging in behavior intended to exclude others from learning industry techniques ("Gatekeeping").Abuse: Bullying, stalking, or threatening other users.
7.2. Credit Dispute Resolution We prioritize proper attribution.
Duty to Credit: You must accurately credit all contributors to a project.
Dispute Process: In the event of a dispute regarding credits, Crossed Arms will prioritize the claims of the "Main Artist" (defined as the individual who originally shared the work on the primary hosting platform), subject to valid evidence to the contrary.
5-Day Window: Upon notification of a valid credit dispute, the uploader has five (5) working days to amend the credits or respond. Failure to do so may result in the administrative amendment of credits by Crossed Arms or removal of the submission.
8. Data Protection and Monetization
8.1. Data Controller Status Crossed Arms Ltd. is the Data Controller for the personal data you provide during registration. Our processing is governed by our [Privacy Policy].
8.2. The Talent Database (Monetization) We may offer paid memberships to organizations ("Members") allowing them to access a searchable "Talent Database."Opt-In Required: Your personal data (including email and contact details) will NOT be included in the Talent Database or shared with Members unless you have provided your explicit, opt-in consent via your account settings.Withdrawal: You may withdraw this consent at any time.
8.3. The "Bridge" Liability Shift Crossed Arms acts as a bridge for data discovery. You acknowledge that once your data is lawfully exported or accessed by a Member (with your consent):That Member becomes an independent Data Controller of your data;Crossed Arms has no control over, and accepts no liability for, the Member’s subsequent handling, security, retention, or use of your data;Any disputes regarding the Member’s use of your data must be resolved directly with the Member.
8.4. Data Deletion Protocol If you request the deletion of your account or data:
Live Platform: We commit to removing your data from the live Platform within thirty (30) calendar days.
Backups: You acknowledge that residual copies may remain in our encrypted backup systems for a limited period (not exceeding 30 days) for disaster recovery and legal compliance purposes, after which they will be permanently overwritten.
9. Limitation of Liability and Disclaimers
9.1. Educational Disclaimer All content on the Platform, including role explanations and career advice, is for educational and entertainment purposes only. It is not professional or legal advice. We do not guarantee that using the Platform will result in career progression, employment, or specific skill acquisition.
9.2. "As Is" Service The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, Crossed Arms disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.3. Limitation of Liability To the extent permitted by applicable law (including the Consumer Rights Act 2015), Crossed Arms shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. Our total liability for any claim arising out of these Terms shall not exceed the greater of (a) the amount you have paid to us in the past twelve months, or (b) £100 GBP.
9.4. Safe Harbor We rely on the defenses available to hosting providers under the Electronic Commerce (EC Directive) Regulations 2002. We are not liable for User Content unless we have actual knowledge of its illegality and fail to remove it expeditiously.
10. Termination
10.1. Voluntary Termination You may terminate your account at any time via the user settings.
10.2. Termination for Breach We may suspend or terminate your access to the Platform immediately, without notice, if we determine that you have violated these Terms, specifically including the Anti-Gatekeeping policy, Submission Warranties, or Community Standards.
11. General Provisions
11.1. Severability If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
11.2. Entire Agreement These Terms constitute the entire agreement between you and Crossed Arms regarding the Platform and supersede all prior agreements and understandings.
