By downloading and using the Major League Baseball (“MLB”) and baseball themed graphic templates provided to you within Adobe Express (the “Assets”), as end user of Adobe Express you (“You”) agree to use such Assets solely to create non-commercial fan art (“Fan Art”) subject to the terms set forth below (the “Guidelines”).
MLB and/or Adobe, in its sole discretion, and without notice, may terminate Your license to Assets or Materials (as further defined below) if it determines, in its sole discretion, that Your use of the Assets or Fan Art fail to comply with the Guidelines.
You hereby further agree, represent and warrant, as applicable:
- You have the written consent of every identifiable individual person in your Fan Art (if applicable), and if Adobe or MLB asks to see the written permissions, you must provide them upon request (in the event you cannot provide permissions that are satisfactory to Adobe or MLB, in their sole and absolute discretion, MLB and Adobe reserve the right to cancel the license.
- No minors may be depicted in any Fan Art.
- Your Fan Art (excluding the Assets and templates provided) is your original unpublished work and does not violate or infringe upon the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws or regulations.
- Your Fan Art has not altered the Assets other than as expressly provided for within Adobe Express.
- Your Fan Art and any the social media accounts and/or locations/platforms where Your Fan Art is made available/featured shall not contain material that: (a) is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable; (b) infringes Adobe’s, MLB’s or any third party's intellectual property or other rights; (c) could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable; (d) encourages or otherwise depicts or glamorizes drug use (including alcohol, cigarettes, and vaporizing pens and any substance that is then-considered to be, or contains, a “Prohibited Substance” under MLB’s drug programs); (e) encourages or otherwise depicts gambling or other regulated activities; (f)characterizes violence as acceptable, glamorous or desirable; (g) harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (h) includes any appeals for funds; (i) references or promotes any religion; (j) references or promotes any political content; (k) references or promotes the online sale or resale of tickets or the online sale of baseball-related merchandise or services; or (l) otherwise could be considered inappropriate, unsuitable or offensive, as determined by MLB or Adobe in their sole reasonable discretion.
- You will not, and have not, published statements (or other content) that are grossly offensive or violate generally accepted standards of behavior or otherwise lead MLB or Adobe to believe or conclude that public association with you and/or your Fan Art would tend to subject MLB, Adobe, or their brands to ridicule, contempt, controversy, embarrassment or scandal.
- Your use of the Materials and Assets shall not suggest or imply an endorsement of any product or service and the Fan Art shall not be used in any commercial manner including in connection with or juxtaposed with any third party brand or advertiser.
You acknowledge and agree that: Your use of the MLB’s and Adobe’s copyrighted materials, logos, and trademarks (collectively, “Materials”) and the Assets shall not portray MLB or Adobe in a false, negative or derogatory light. All rights in the Materials and the Assets are the sole property of MLB or Adobe, as applicable, and all rights in the Assets are the sole property of MLB. All rights not expressly granted hereunder are hereby reserved by MLB. Your use of the Materials and Assets: (i) is for promotional purposes only in connection with the non-commercial support for Major League Baseball; and (ii) shall only be used in connection with your Fan Art.
Your use of the Materials and Assets in your Fan Art will not create or imply a relationship between you and the MLB or Adobe, and neither you nor the MLB or Adobe is the agent or legal representative of the other nor has the right or authority to create any liability, representation, or responsibility whatsoever on the part of the other.