Gaijin Contribution Agreement

IMPORTANT NOTICE: PLEASE READ THE TERMS AND CONDITIONS OF THIS CONTRIBUTION AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH GAIJIN NETWORK LTD, A CYPRIOT COMPANY WITH REGISTRATION NUMBER HE 312702 AND REGISTERED OFFICE AT 63 IFIGENEIAS STREET, OFFICE 302, 2003 STROVOLOS, NICOSIA, CYPRUS (“GAIJIN”), REGARDING THE CONTENT YOU CREATE BASED ON GAIJIN'S GAME(S) AND LICENSED OR ASSIGNED TO GAIJIN UNDER THIS AGREEMENT, SUCH CONTENT MAY BE PUBLISHED ON ANY WEBSITE OWNED OR CONTROLLED BY GAIJIN, INCLUDING LIVE.WARTHUNDER.COM AND SANDBOX.ENLISTED.NET (“GAIJIN WEBSITE(S)”).

BY SUBMITTING CONTENT TO GAIJIN, YOU ACKNOWLEDGE AND ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO SUBMIT CONTENT TO GAIJIN.

GAIJIN RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME. ANY CHANGES WILL BECOME EFFECTIVE EITHER UPON POSTING ON LEGAL.GAIJIN.NET AND/OR UPON YOUR RECEIPT OF A NOTICE BY GAIJIN VIA EMAIL.

YOUR FAILURE TO REGULARLY VISIT THE GAIJIN WEBSITE(S) OR TO MAINTAIN UP-TO-DATE CONTACT INFORMATION (INCLUDING EMAIL ADDRESS) WILL NOT EXEMPT YOU FROM ANY OBLIGATIONS UNDER THE LATEST VERSION OF THIS AGREEMENT. PLEASE PERIODICALLY CHECK THE GAIJIN WEBSITE(S) AND ENSURE THAT YOUR EMAIL SETTINGS (E.G., SPAM FILTERS) ALLOW YOU TO RECEIVE NOTIFICATIONS ABOUT ANY CHANGES TO THIS AGREEMENT.

THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN GAIJIN NETWORK LTD (“GAIJIN”) AND YOU, THE INDIVIDUAL SUBMITTING CONTENT (HEREINAFTER REFERRED TO AS “USER”). GAIJIN AND USER SHALL COLLECTIVELY BE REFERRED TO AS THE “PARTIES” AND INDIVIDUALLY AS A “PARTY.” ACCEPTANCE OF THE USER-GENERATED CONTENT AND FINAL CONSIDERATION FOR SUCH CONTENT ARE CONTINGENT UPON THE EXECUTION OF THE RELEVANT DEED OF ASSIGNMENT (“DEED”) BETWEEN THE PARTIES UNLESS OTHERWISE EXPLICITLY AGREED UPON BY BOTH YOU AND GAIJIN IN WRITING.

Language and Interpretation. The English version of this document is the official version. In case of any differences or disputes regarding interpretation, validity, or form, the English version shall prevail.

1. SPECIFIC DEFINITIONS

1.1. “Adjusted Net Revenue” refers to all aggregated gross revenues, including any fees or related consideration received by Gaijin from the first sale of the User-Generated Content to a player (whether as a separate in-game item, part of an in-game service, or otherwise) minus any applicable taxes, including VAT, chargebacks, and refunds, as appropriate.

1.2. “Gaijin Property” refers to any part of the Game(s), including but not limited to the title, computer code, themes, objects, in-game items, locations, concepts, artworks, structural or landscape designs, animations, sounds, sound banks, musical compositions and recordings, audio-visual effects, as well as the Content Development Kit and any related documentation made available by to you by Gaijin.

1.3. “Game(s)” refers to any video games, including downloadable content (DLC), expansions, updates, patches, and any other content published and/or licensed by Gaijin or its affiliates made available to you under the Gaijin Terms of Service and the End User License Agreement (EULA),  for use by Users on any platform (e.g., Windows, Xbox, PlayStation, iOS, Android, etc.), whether accessed via digital download, physical media, or other distribution methods.

1.4. “Paid Service” refers to the chargeable in-game feature (a package of Skins) that, once activated by the player, provides the opportunity to obtain one Skin, which is randomly selected from among all Skins included in the package. 

1.5. “Skin” refers to a custom graphical appearance of in-game 3D items (such as aircraft or other types of in-game items as available) that becomes visible in the Game(s) by the User after activation of the relevant Paid Service and obtaining one Skin.

1.6. “User-Generated Content” refers to any content that you (or someone acting on your behalf) publish through Gaijin's Website(s) (such as Gaijin's official wiki, live.warthunder.com, or other Gaijin-controlled Website(s)) or create by modifying, enhancing, using or operating the Game(s) or Gaijin's related services. This includes, but is not limited to, revisions, modifications, translations, abridgments, condensations, expansions, or any other form in which Gaijin Property or any part of the Game(s) may be transformed or adapted. It also covers any new content generated by you intended to be added to the Game(s), such as locations, ground vehicles, aircraft, naval vessels, skins, or any other in-game items. Additionally, User-Generated Content includes any other digital content, such as reference materials used in creating User-Generated Content, that are not directly based on Gaijin Property or services (e.g., images, videos, GIFs, music), shared by you with other Users, or made available through Gaijin's Website(s) (including cloud storage platforms like Google, Amazon, etc.).

1.7. “You” or “User” refers to the individual developing and providing the User-Generated Content under this Agreement, either on their behalf or on behalf of another party.

2. LICENSE

2.1. In exchange for you agreeing to comply with this Agreement, as well as Gaijin’s Terms, Gaijin grants you a limited, non-exclusive, worldwide, royalty-free, and perpetual license to use the Gaijin Property solely to create User-Generated Content via Gaijin’s Website(s) or through other methods permitted by Gaijin. In return for allowing, you to submit and display User-Generated Content on Gaijin’s Website(s), you grant to Gaijin a non-limited, non-exclusive, worldwide, royalty-free, perpetual license to use, display, copy, modify, bundle, enhance, sublicense, and otherwise exploit the content for any purpose, including both commercial and non-commercial purposes. This includes the right to sublicense User-Generated Content to all Users of the Game(s), allowing them to reproduce and use the content on their devices in connection with the Game(s). Gaijin also has the right to use the content for its business purposes, including internal use, advertising, and trade, and to create and exploit any derivative works based on User-Generated Content. Gaijin has full discretion to decide whether, how, when, and for how long the User-Generated Content will be displayed on Gaijin’s Website(s).

2.2. You grant all Users of the Game(s) a non-exclusive, worldwide, free, perpetual license to reproduce the User-Generated Content on their devices and use it in connection with the Game(s). You agree not to charge any fees or require any payment (voluntary or mandatory) from other Users of the Game(s) or using the User-Generated Content in a paid context.

2.3. To clarify, Section 2 applies when Gaijin uses or exploits the User-Generated Content in any way, except when the User-Generated Content is included directly in the Game(s), in which case, Section 3 applies.

3. ASSIGNMENT

3.1. If Gaijin uses your User-Generated Content in the Game(s) as a separate in-game item, service, or in another form, in exchange for payments outlined in Section 6, and subject to your decision, you agree to assign to Gaijin free and clear of any claims/burdens and/or any third-party rights all exclusive copyright and related rights, title and interest in the User-Generated Content to use or exploit the User-Generated Content by any means and ways currently known or which might arise in the future. You retain a non-exclusive right to use the User-Generated Content in connection with the Game(s) or Gaijin’s related services.

3.2. You agree and acknowledge that nothing in this Agreement shall limit Gaijin from (i) developing software or other products based on or derived from any User-Generated Content at any time and solely at its discretion; (ii) entering into agreements with third parties to develop and distribute such products or software with no obligation to you, except as explicitly stated herein; and (iii) using the User-Generated Content within or in connection with the Game(s) in ways that were not originally intended, expressed or implied, by you when submitting the User-Generated Content to Gaijin under this Agreement, and/or in ways not initially intended by the User.

3.3. Gaijin reserves the right, but is not obligated, to restrict or remove User-Generated Content for any reason whatsoever. This includes, but is not limited to, removal as outlined in Section 9 of this Agreement.

3.4. You explicitly agree that, except as outlined in Section 6 and the Deed, you are not entitled to any compensation related to or arising from the assignment of User-Generated Content to Gaijin.

3.5. For clarity, Gaijin has the sole discretion to determine whether, how, when, and for how long User-Generated Content, whether modified or not, will be available in the Game.

3.6. Additional assignment conditions may be specified in the Deed as requested by Gaijin.

4. YOUR WARRANTIES. INDEMNIFICATION. LIMITATION OF LIABILITY

4.1. YOU HEREBY WARRANT THAT:

4.1.1. All information provided to Gaijin in connection with this Agreement is true and accurate.

4.1.2. You have full authority to enter into this Agreement.

4.1.3. You fully own the submitted User-Generated Content and have the right to license and/or assign it as outlined in Sections 2 and 3 of this Agreement. You are also responsible for fulfilling all other obligations under this Agreement. Additionally, you have obtained all necessary permissions and/or licenses to use any copyrighted content on Gaijin's Website(s) and to meet your obligations under this Agreement. The User-Generated Content that you license or assign under the Agreement is cleared for any use, including but not limited to: incorporating it into a game (or any software), creating derivative works and modifications, distributing physical copies, using it on the internet, monetizing it any way, and freely sublicensing it with no restrictions (whether for payment or without payment from third parties).

4.1.4. You shall fulfill all of your obligations under this Agreement in compliance with applicable laws.

4.1.5. The User-Generated Content you provide to Gaijin and other Users of the Game(s) shall not:

(a) infringe upon the copyright, trademark, patent, trade secret, or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third-party individual or entity;

(b) constitute defamation, libel, or obscenity;

(c) result in a breach of any contract to which you are a party or cause harm or injury to any third party;

(d) Promote violence or contain hate speech;

(e) violate any applicable law, statute, ordinance, or regulation;

(f) contain adult content or promote illegal activities.

4.2. You hereby agree to indemnify and hold harmless Gaijin, its affiliates, officers, directors, agents, and employees, from any expenses, losses, claims, damages, fines, penalties, or liabilities, including reasonable attorney fees and other professional fees. This includes any judgment, verdict, court order, or settlement resulting from a claim, demand, action, suit, arbitration, or other proceedings initiated by a third party, including claims or demands from governmental agencies or entities arising from your breach of this Agreement. This includes, without limitation, any infringement of third-party intellectual property and/or proprietary rights, including, but not limited to, patent, trademark, copyright, trade secret, publicity, and/or privacy rights.

4.3. You acknowledge and agree that Gaijin is not obligated to use, distribute, or continue distributing copies of any submitted User-Generated Content. Gaijin reserves the right, but not the obligation, to restrict or remove User-Generated Content for any reason.

4.4. IN NO EVENT SHALL GAIJIN OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION, OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THIS AGREEMENT OR THE USER-GENERATED CONTENT, THE GAMES, OR RELATED SERVICES, INCLUDING PAID SERVICES. ANY ACTION BROUGHT AGAINST GAIJIN IN CONNECTION WITH THIS AGREEMENT MUST BE COMMENCED AND NOTIFIED TO GAIJIN IN WRITING WITHIN 1 YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY IF APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW OR LIMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL CIRCUMSTANCES.

4.5. A violation of this Agreement may cause irreparable harm that cannot be remedied by monetary damages. Gaijin may seek an injunction or specific performance, without needing to post a bond, to protect its interests if it reasonably believes you have breached, or intend to breach, any obligations under this Agreement. These remedies are in addition to any other rights or remedies available to the parties. Failure to pursue any available rights or remedies does not waive those rights or remedies.

5. OWNERSHIP

5.1. By accepting this Agreement, you irrevocably and clearly agree that:

5.1.1. All rights, titles, and interests in and to the Game(s), Gaijin's related content, trademarks, software, and materials as outlined in the applicable EULA and Terms of Services, along with all associated intellectual property rights thereto are the sole and exclusive property of Gaijin, its suppliers and/or their affiliates, as applicable. Gaijin shall be solely responsible for any and all claims related to these rights.

5.1.2. No rights are granted to you to copy, duplicate, imitate, emulate, replicate, or create derivative works based on the Game(s) and/or Software (as defined in the Terms of Service), in whole or in part, except as expressly permitted here. The only permitted use is to create User-Generated Content for submission to Gaijin through the Gaijin Website(s) or as otherwise authorized by Gaijin.

6. CONSIDERATION

6.1. If Gaijin decides to include your User-Generated Content in the Game(s), in exchange for the rights granted under this Agreement, Gaijin agrees to pay you the following fees for your User-Generated Content: 

The fees outlined above are not final and are subject to the execution of the Deed unless otherwise mutually agreed upon. No fee will be payable unless the Deed is duly executed. Gaijin has the discretion to propose the fee or decline the User-Generated Content; under no circumstances is Gaijin obligated to negotiate the fee or the terms/content of the Deed.

For clarity, no additional fee will be provided for any reference materials used by the User in creating User-Generated Content submitted to Gaijin through Gaijin's Website(s) or otherwise unless explicitly allowed by Gaijin. Gaijin reserves the right to request further information and/or reference materials in order to assess the suitability of the User-Generated Content and determine the payment of consideration.

6.2. Gaijin aggregates Adjusted Net Revenue, and 30% of the Adjusted Net Revenue from the sale of a Skin created by the User and included in a kit distributed as a Paid Service shall be paid to the User (“User's Share”). The User's Share for each Skin shall be calculated as follows: after the sale of a Paid Service (a package of Skins, including the User's Skin) to a player, the sum received from the sale shall be divided by the number of Skins included in the package. The User's Share shall be 30% of this amount, less any applicable taxes and deductions allowed for the calculation of Adjusted Net Revenues. Payment of the User's Share shall be made within the necessary time after each sale of the package containing the User's Skin.

6.3. The accounting of Gaijin's Adjusted Net Revenue from each Paid Service sale under this Agreement, as well as the calculation of User's Share, will be done in Gaijin Coins with the exchange rate of 1 Gaijin Coin = 1 US Dollar. Gaijin Coin is a non-convertible (closed) virtual in-game currency used exclusively for entertainment purposes within the Game(s) and cannot be exchanged for real (fiat) money. For the purpose of this Agreement, accounting in Gaijin Coins is done for convenience, and the payment of the User's Share, whether in Gaijin Coins, EURO, or US Dollars, does not change this rule. 

6.4. After each Paid Service Sale, Gaijin will transfer the User’s Share in Gaijin Coins to the User’s in-game virtual account. To clarify, neither you nor anyone else has the right to exchange Gaijin Coins for real money or request such an exchange from Gaijin unless expressly allowed by this Agreement.

6.5. User has the right at any time to submit an invoice and to request the transfer of the User's Share credited to their in-game virtual account in EURO or US Dollars, subject to the following conditions: (a) at least three months have passed since the Gaijin Coins accrued as a User's Share you wish to transfer, were credited to your in-game virtual account; (b) the total balance of Gaijin Coins accrued as a User's Share in our in-game virtual account after the last payout of the User's Share in EURO or US Dollars, is no less than 500 Gaijin Coins; (c) The User's account is protected by two-factor authentication (including phone number confirmation); and (d) your in-game account is authorized at store.gaijin.net/balance.php. Gaijin reserves the right to limit such transfer requests to no more than once per quarter. 

Provided that you meet all the conditions specified above, Gaijin will make payments in EURO or US dollars within 90 calendar days of receiving your payment request. Payments will be made via wire transfer to your bank account or PayPal account, or any other payment method that can be determined from time to time, and you will be responsible for any associated bank fees. It is your responsibility to select a payment method that is accessible and legally compliant for Gaijin.

The User’s Share will be calculated in EURO or US dollars according to the applicable exchange rate from the European Central Bank (ECB). If conversion based on the ECB rate is not possible, the rate from OANDA (www.oanda.com) will be used on the payment date. If cases where payment in EURO or US dollars is not feasible for any reason, both Parties may mutually agree to another payment currency, with the conversion performed as described in this Section. The User must specify the agreed currency and amount in the corresponding invoice.

6.6. If you purchase an in-game Item, the respective Gaijin Coins will be debited from your account in the following order: first, the Gaijin Coins accrued as the User's Share will be debited, and then any Gaijin Coins purchased by you with real money will be once the accrued User’s Share runs out.

6.7. You agree that, in some cases, Gaijin may be unable to transfer the User's Share in EURO or US dollars, and the option to transfer funds in EURO or US dollars by wire transfer to a bank or PayPal account may not be practical. You also agree to make all reasonable efforts to ensure that payments can be received in EURO or US dollars through wire transfer to a bank or PayPal account. However, if neither option for transferring Gaijin Coins in EURO or US dollars is available, and more than 3 years have passed since the last activity on your Gaijin Account, no payment will be due from Gaijin to the User, and all claims for such payments will be considered expired.

6.8. Gaijin reserves the right to unilaterally amend the payment terms (including conditions related to the conversion of Gaijin Coins to EURO or US Dollars), as well as any other terms of this Agreement as outlined in the preamble. Any changes made to the payment terms will not apply retroactively.

7. TAXES

7.1. If, under applicable law, Gaijin is required to withhold any taxes from payments made to you under this Agreement, Gaijin is authorized to withhold such taxes from the amounts due to you and will fulfill its obligations to the relevant tax authorities. If a double taxation treaty applies, Gaijin will inform you and request a tax residence certificate. Unless otherwise agreed by the Parties, the User must provide Gaijin with a scanned copy of the certificate unless the applicable laws require a different form of submission. You are solely responsible for the timely and complete payment of any taxes owed on the amounts received from Gaijin under this Agreement.

7.2. Unless stated otherwise, each Party is responsible for complying with tax obligations, including the collection, payment, and reporting of all taxes imposed by any relevant governmental authority in relation to its activities under this Agreement. Neither Party is responsible for taxes that may be imposed on the other Party.

8. TERM AND TERMINATION

8.1. The term of this Agreement (“Term”) will begin when you submit User-Generated Content to Gaijin's Website(s) or otherwise and will continue indefinitely. Without prejudice to any other rights Gaijin may have, Gaijin may terminate this Agreement immediately if you fail to meet any of the limitations, warranties, or obligations set out in this Agreement, or if Gaijin ceases operating the Gaijin Website(s) where your User-Generated Content is published, in which case this Agreement will be terminated for such content.

9. INFRINGING USER-GENERATED CONTENT

9.1. Gaijin's Website(s) is not pre-moderated, meaning objectionable material may appear without our knowledge. User-Generated Content submitted to Gaijin’s Website(s) has not been reviewed or edited by Gaijin before being made available. Gaijin does not endorse or approve any User-Generated Content available on its site.

Upon receiving a sufficiently substantiated notice from the rights holders or any person whose rights are infringed, Gaijin will disable access to or remove the submitted User-Generated Content from the Gaijin Website(s).

9.2. Gaijin reserves the right to remove, disallow, block, or delete any content you post on Gaijin's Website(s) if, in its opinion, your User-Generated Content does not comply with this Agreement. Furthermore, Gaijin has sole discretion to remove, disallow, block, or delete any User-Generated Content:

- That Gaijin believes violates this Agreement; and/or

- In response to complaints from other Users or third parties. 

As a result, you should keep copies of any User-Generated Content you post to Gaijin's Website(s) on your personal device(s) if you want to ensure permanent access to those copies.

9.3. Gaijin does not guarantee the accuracy, integrity, appropriateness, or quality of any User-Generated Content. Under no circumstances will Gaijin be liable for any issues arising from User-Generated Content. Gaijin accepts no liability for any content or information submitted by Users or for any use of such content by Gaijin or third parties. 

IF YOU WISH TO FILE A COMPLAINT ABOUT INFORMATION AND MATERIALS UPLOADED BY OTHER USERS OR ABOUT THE FALSE REMOVAL OR BLOCKING OF YOUR USER-GENERATED CONTENT, PLEASE CONTACT US AT LEGAL@GAIJIN.NET.

10. MISCELLANEOUS

10.1. This Agreement shall be governed by and construed in accordance with the laws of Cyprus without regard to its conflicts of law provisions. The UN Convention on Contracts for the International Sale of Goods shall not apply to this Agreement, and its application is expressly excluded. The parties agree to attempt to resolve any disputes or claims arising from or related to this Agreement without resorting to litigation. If a resolution cannot be reached, the dispute shall be submitted to the competent courts of the Republic of Cyprus.

10.2. This Agreement constitutes the entire agreement between you and Gaijin. It supersedes any prior agreements, proposals, communications, or advertising (whether oral or written) related to the User-Generated Content or the subject matter of this Agreement. You acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, that provision will be modified to the extent necessary to make it legal and enforceable while remaining as close to the original intent as possible. The remainder of this Agreement will remain in full force and effect. No waiver of any breach of any provisions of this Agreement will be deemed a waiver of any prior, concurrent, or subsequent breach, and no waiver will be effective unless expressly made in writing.

10.3. For any matters not specifically addressed in this Agreement, including, but not limited to, termination, warranty disclaimer, or severability, the relevant provisions of the Terms of Service will apply to this Agreement.

Last updated: June 02, 2025