TERMS OF SERVICE

morganadrake.com

Last Updated: October 23, 2025


1. INTRODUCTION AND ACCEPTANCE OF TERMS

Welcome to morganadrake.com (“Website”). This Website is operated by E.M. di V., writing as Morgan A. Drake™ (“we,” “us,” or “the Author”), and serves as the central hub for the Dimidium fantasy world and related creative works.

By accessing or using this Website, you agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you and Morgan A. Drake. If you do not agree to these Terms, you must not access or use the Website.

Effective Date: These Terms are effective as of the date you first access the Website.

Age Requirement: You must be at least 13 years of age to use this Website. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.


2. DEFINITIONS

“Content” means all text, graphics, images, audio, video, data, software, and other materials available on or through the Website, including but not limited to world-building documents, blog posts, lore articles, and artwork.

“Dimidium” refers to the fictional fantasy world created by Morgan A. Drake, including all regions, characters, magic systems, technologies, cultures, and storylines.

“User Content” means any content, including comments, feedback, suggestions, or other materials that you submit to or through the Website.

“Newsletter” refers to the email newsletter distributed through MailerLite, which provides updates and exclusive content.

“External Publications” refers to serialized fiction and other content published on external platforms including Substack (Dimidium Tales, Fluke Print, Fathoms Deep) and other third-party services.


3. INTELLECTUAL PROPERTY RIGHTS

3.1 Ownership of Website Content

All Content on this Website is the exclusive property of Morgan A. Drake or used under proper license, and is protected by:

  • United States Copyright Law (17 U.S.C.)
  • Italian Copyright Law (Legge sul Diritto d’Autore, L. 633/1941)
  • European Union copyright directives
  • Berne Convention and other international copyright treaties

This includes, but is not limited to:

  • The Dimidium World: All aspects of the fictional world including geography, history, cultures, languages, magic systems, technology frameworks, political structures, and environmental systems
  • Characters: All character names, personalities, backgrounds, relationships, and story arcs
  • Visual Elements: Logos, artwork, illustrations, maps, diagrams, and graphic designs (whether created by the Author or commissioned artists)
  • Written Content: Blog posts, lore articles, world-building documents, story excerpts, newsletters, and all other textual materials
  • Distinctive Elements: The Living Coast, The Dragon’s Spine, The Crimson Desert, The Stormwall, Windward Aerie, Panthalassa Alexosophia, The Guild, crystal matrix technology, siren cultures, dragon bonds, and all other unique world elements

3.2 Trademarks

“Morgan A. Drake” is a trademark of E.M. di V. You may not use this mark without express written permission.

3.3 Limited License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and view Content on the Website for personal, non-commercial purposes
  • Read and enjoy world-building materials and blog posts
  • Access The Codex content if you are a Newsletter subscriber with valid credentials
  • Share brief excerpts (not exceeding 150 words) on social media with proper attribution and a direct link to the original content

This license does NOT include any right to:

  • Reproduce, distribute, modify, or create derivative works from Website Content
  • Use Content for commercial purposes of any kind
  • Remove copyright notices, watermarks, or attribution
  • Use automated tools to scrape, copy, or download Content
  • Circumvent access controls or share access credentials
  • Use Website Content in training artificial intelligence or machine learning systems without explicit permission

3.4 Commissioned Artwork

Where artwork has been created by commissioned artists, usage rights are retained by Morgan A. Drake as specified in individual artist agreements. Original artists retain copyright in their underlying artwork as agreed contractually.

3.5 Public Domain and Licensed Content

Some Content may incorporate public domain materials or properly licensed third-party works. Such usage is clearly attributed where applicable and does not grant users broader rights to that content.


4. USER ACCOUNTS AND NEWSLETTER SUBSCRIPTION

4.1 Account Creation

To access certain features, including The Codex, you must subscribe to our Newsletter. By subscribing, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security and confidentiality of your login credentials
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

4.2 Newsletter Subscription Terms

What You Receive:

  • Regular newsletter with updates, world-building insights, and exclusive content
  • Notifications about new Content and publications
  • Behind-the-scenes information about creative projects

Subscription Management:

  • You may unsubscribe at any time using the unsubscribe link in newsletter emails
  • You may resubscribe at any time

No Cost: Newsletter subscription is currently free of charge. We reserve the right to introduce paid tiers in the future with advance notice to subscribers.

4.3 Account Termination

We reserve the right to suspend or terminate your account and access to the Website if you:

  • Violate these Terms
  • Engage in fraudulent or illegal activities
  • Share access credentials with others
  • Abuse or harass other users or the Author
  • Attempt to circumvent security measures

We will provide notice of termination where feasible, but reserve the right to terminate immediately for serious violations.


5. USER CONDUCT AND PROHIBITED ACTIVITIES

5.1 General Conduct Standards

You agree to use the Website in a lawful, respectful manner. You will NOT:

Technical Violations:

  • Attempt to gain unauthorized access to any portion of the Website, other accounts, or connected systems
  • Use automated tools, bots, scrapers, or similar technology without express permission
  • Probe, scan, or test the vulnerability of the Website or circumvent security measures
  • Introduce viruses, malware, or other malicious code
  • Interfere with or disrupt the Website’s operation or servers

Content Violations:

  • Copy, redistribute, or reproduce substantial portions of Content
  • Create unauthorized derivative works based on Dimidium or other proprietary content
  • Remove or alter copyright notices, watermarks, or attribution
  • Use Content to train AI/ML systems without explicit permission
  • Falsely represent content as your own creation

Community Violations:

  • Harass, threaten, or abuse other users or the Author
  • Post spam, advertising, or promotional content
  • Share illegal, defamatory, or obscene material
  • Impersonate any person or entity
  • Collect personal information about other users

Commercial Violations:

  • Use Website Content for any commercial purpose without authorization
  • Sell, license, or monetize access to Content
  • Use Content in products, services, or marketing materials

5.2 Enforcement

Violations may result in:

  • Warning notices
  • Temporary suspension of access
  • Permanent account termination
  • Legal action for serious violations
  • Reporting to appropriate authorities for illegal activities

6. USER-GENERATED CONTENT

6.1 Comments and Feedback

If the Website enables comments or other user submissions:

Your License to Us: By submitting User Content, you grant Morgan A. Drake a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, and display such content in connection with the Website and the Author’s creative works.

Your Warranties: You represent and warrant that:

  • You own or have necessary rights to submit User Content
  • User Content does not violate any third-party rights
  • User Content complies with these Terms and applicable laws

Content Standards: User Content must not:

  • Contain illegal, defamatory, or obscene material
  • Infringe intellectual property rights
  • Contain spam or advertising
  • Harass or threaten others
  • Reveal spoilers without appropriate warnings

Moderation Rights: We reserve the right to:

  • Review, edit, or remove User Content at our discretion
  • Refuse to publish User Content
  • Block users who violate content standards

6.2 Ideas and Suggestions

If you provide ideas, suggestions, or feedback about the Dimidium world or the Author’s works:

  • Submissions are voluntary and non-confidential
  • We are not obligated to use, acknowledge, or compensate for suggestions
  • We may use ideas in our creative works without attribution or compensation
  • Submission does not create any ownership interest or co-authorship
  • You waive any claims related to use of similar ideas we may independently develop

7. FAN WORKS POLICY

7.1 Permitted Fan Creations

We encourage fan engagement and permit non-commercial fan works under the following conditions:

Allowed Fan Works:

  • Fan art (illustrations, digital art, paintings)
  • Fan fiction (stories set in Dimidium)
  • Character designs and interpretations
  • Cosplay and costume creation
  • Fan music or soundtracks
  • Role-playing game materials for personal use

Requirements:

  • Works must be clearly labeled as unofficial fan creations
  • Include attribution: “Based on the Dimidium world by Morgan A. Drake. This is an unofficial fan creation.”
  • May only be shared on personal, non-commercial platforms
  • Must not be sold or used for commercial purposes
  • Must not misrepresent official canon or create confusion about authenticity
  • Must respect the mature themes and audience of the source material

7.2 Prohibited Fan Activities

You may NOT:

  • Sell fan works or accept commissions based on Dimidium
  • Create fan works that could damage the property’s reputation
  • Use fan works to compete with official publications
  • Claim co-authorship or ownership of Dimidium elements
  • Create works that contradict Author’s stated values or intentions
  • Use fan works in commercial products or marketing

7.3 Author’s Rights

We reserve the right to:

  • Request removal of fan works that violate these guidelines
  • Use fan works in promotional materials with creator’s permission
  • Develop official content that may be similar to fan creations
  • Modify this fan works policy at any time

No Endorsement: Permission to create fan works does not constitute endorsement. We are not responsible for fan-created content.


8. EXTERNAL PLATFORMS AND THIRD-PARTY LINKS

8.1 Relationship to External Publications

This Website serves as a hub connecting to various external publications and platforms:

Substack Publications:

  • Dimidium Tales (serialized fantasy fiction)
  • Fluke Print (paranormal fiction)
  • Fathoms Deep (maritime legends and craft)

Each external publication has its own Terms of Service that govern your use of content on those platforms. The Website’s role is to:

  • Provide world-building context supporting external publications
  • Direct readers to active storytelling platforms
  • Offer exclusive supplementary content through newsletters

No Duplication: The Website does not compete with external publications but rather complements and enhances them.

8.2 Third-Party Services

The Website uses third-party services including WordPress, SiteGround, MailerLite, and Google Analytics. Each service has its own terms of service and privacy policies. Your use of these services through the Website is governed by their respective terms.

8.3 External Links Disclaimer

The Website may contain links to external websites or resources. We:

  • Do not control or endorse external websites
  • Are not responsible for their content, policies, or practices
  • Make no warranties about external websites’ accuracy or reliability
  • Are not liable for any damages from your use of external links

Security Notice: You access external links at your own risk. We recommend reviewing the terms and privacy policies of any external sites you visit.


9. INTELLECTUAL PROPERTY COMPLAINTS

9.1 Copyright Infringement Notification

If you believe Content on this Website infringes your copyright, please provide written notice to legal@morganadrake.com with:

  • Identification of the copyrighted work claimed to be infringed
  • Identification of the allegedly infringing material and its location on the Website
  • Your contact information (name, address, telephone, email)
  • A statement that you have a good faith belief that the use is not authorized
  • A statement that the information in the notice is accurate
  • Your physical or electronic signature

Response: We will investigate valid complaints and remove infringing content where appropriate under applicable law.

9.2 Counter-Notification

If you believe content you posted was wrongly removed due to a copyright claim, you may submit a counter-notification with:

  • Identification of the removed content and its former location
  • A statement under penalty of perjury that removal was due to mistake or misidentification
  • Your contact information and consent to jurisdiction
  • Your physical or electronic signature

9.3 Repeat Infringer Policy

We reserve the right to terminate accounts of users who repeatedly infringe intellectual property rights.


10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

10.1 “As Is” Provision

THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of accuracy, reliability, or completeness
  • Warranties that the Website will be uninterrupted, secure, or error-free
  • Warranties that defects will be corrected

10.2 Content Disclaimer

Fiction Disclaimer: All creative works on this Website are fictional. Any resemblance to real persons, living or dead, actual events, or existing locations is purely coincidental.

No Professional Advice: Content is for entertainment and informational purposes only and does not constitute:

  • Professional, legal, medical, or financial advice
  • Historical or scientific fact
  • Endorsement of any views or practices depicted in fictional works

Mature Content: Some Content may contain mature themes including violence, psychological elements, and complex moral situations. Content is intended for adult audiences capable of distinguishing fiction from reality.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Morgan A. Drake shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Website, including but not limited to loss of data, business interruption, or damages from third-party conduct on the Website.

This limitation applies whether claims are based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

10.4 Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, that they reflect a reasonable and fair allocation of risk between you and us, and that they form an essential basis of the bargain between us.

10.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.


11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Morgan A. Drake, E.M. di V., and their affiliates, officers, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of or access to the Website
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property rights
  • Your User Content or fan works
  • Your violation of any applicable laws or regulations

This indemnification obligation will survive termination of these Terms and your use of the Website.


12. PRIVACY AND DATA PROTECTION

12.1 Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the practices described in the Privacy Policy.

12.2 GDPR Compliance

We comply with the General Data Protection Regulation (GDPR) and provide the following rights to users in the European Union:

Your Rights:

  • Right of Access: Request confirmation of what personal data we process and obtain a copy
  • Right to Rectification: Request correction of inaccurate personal data
  • Right to Erasure: Request deletion of personal data (“right to be forgotten”)
  • Right to Restriction: Request limitation of processing under certain circumstances
  • Right to Data Portability: Receive personal data in a structured, commonly used format
  • Right to Object: Object to processing based on legitimate interests or direct marketing
  • Rights Related to Automated Decision-Making: Not be subject to decisions based solely on automated processing

How to Exercise Rights: Contact us at legal@morganadrake.com with your request. We will respond within one month.

Supervisory Authority: You have the right to lodge a complaint with your local data protection authority if you believe we have not complied with GDPR.

12.3 Data Processing Information

Lawful Basis for Processing:

  • Newsletter subscription: Consent
  • Website analytics: Legitimate interest in improving the Website
  • Security measures: Legitimate interest in protecting the Website

Data Retention:

  • Newsletter data: Retained until you unsubscribe
  • Analytics data: Retained for 26 months
  • Account data: Retained until account deletion requested

International Transfers: Some service providers (Google Analytics, MailerLite) may process data outside the EU. We ensure appropriate safeguards are in place through Standard Contractual Clauses or other approved mechanisms.

12.4 Cookie Policy

The Website uses cookies and similar tracking technologies. Our Cookie Policy, available separately on the Website, provides detailed information about:

  • Types of cookies we use
  • Purpose of each cookie type
  • How to manage cookie preferences
  • Third-party cookies from analytics and embedded content

By continuing to use the Website after receiving cookie notification, you consent to our use of cookies as described in the Cookie Policy.


13. MODIFICATIONS TO WEBSITE AND TERMS

13.1 Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

  • Posting the updated Terms on the Website with a new “Last Updated” date
  • Sending email notification to Newsletter subscribers

Your Acceptance: Continued use of the Website after notification constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Website and unsubscribe from the Newsletter.

Review Responsibility: You are responsible for regularly reviewing these Terms to stay informed of updates.

13.2 Changes to Website

We reserve the right to:

  • Modify, suspend, or discontinue any aspect of the Website
  • Change Content, features, or functionality
  • Impose limits on certain features or restrict access
  • Change Newsletter frequency or format

We are not liable for any modification, suspension, or discontinuance of the Website or Content.


14. DISPUTE RESOLUTION

14.1 Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve disputes informally by contacting us at legal@morganadrake.com. We will attempt to resolve disputes in good faith within 30 days.

14.2 Governing Law

These Terms are governed by and construed in accordance with:

Primary Jurisdiction: Italian law (Legge sul Diritto d’Autore, L. 633/1941, and related regulations)

EU Framework: Where applicable, European Union directives and regulations, including:

  • GDPR (General Data Protection Regulation)
  • E-Commerce Directive (2000/31/EC)
  • Consumer Rights Directive (2011/83/EU)

Consumer Protection: If you are a consumer resident in the EU, mandatory consumer protection laws of your country of residence may also apply and cannot be excluded by choice of law provisions.

14.3 Jurisdiction

Primary Jurisdiction: Disputes shall be subject to the exclusive jurisdiction of the courts of Italy, specifically the courts of [Your Italian City/Province].

EU Consumer Exception: If you are a consumer habitually resident in another EU member state, you may bring proceedings in either the Italian courts or the courts of your country of residence.

Online Dispute Resolution: EU consumers may also use the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr

14.4 Class Action Waiver

To the extent permitted by applicable law, you agree that disputes will be resolved individually and you waive the right to participate in class actions or class-wide arbitration.


15. CONSUMER RIGHTS (EU/EEA)

15.1 Right of Withdrawal

For digital content and services:

Free Services: The Newsletter and Website access are currently provided free of charge. No withdrawal right applies to free services.

Future Paid Services: If we introduce paid subscriptions or products, EU consumers will have a 14-day withdrawal period as required by the Consumer Rights Directive, unless you expressly waive this right for immediate digital content delivery.

15.2 Guaranteed Legal Rights

Nothing in these Terms affects your statutory rights as a consumer under EU or national law. If there is any conflict between these Terms and your mandatory consumer rights, your statutory rights shall prevail.

15.3 Alternative Dispute Resolution

ADR Platform: We are committed to resolving consumer disputes fairly. EU consumers can access Alternative Dispute Resolution through the EU Online Dispute Resolution platform.

Not Required to Participate: We are not obligated to participate in alternative dispute resolution procedures but may do so at our discretion.


16. BUSINESS INFORMATION

Author/Business: E.M. di V., writing as Morgan A. Drake

Location: Based in Italy

Contact: legal@morganadrake.com

Partita IVA: IT17966171005

Business Start Date: February 2, 2025


17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Morgan A. Drake regarding the Website and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Reformation: To the extent permitted by law, unenforceable provisions shall be reformed to reflect the parties’ intentions as closely as possible while remaining enforceable.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that or any other right or provision. Any waiver must be in writing and signed by an authorized representative.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction, including to affiliates or in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, labor disputes, governmental actions, internet failures, or other force majeure events.

17.6 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

17.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

17.8 Language

These Terms are written in English. If translated into other languages, the English version shall prevail in case of any discrepancy.


18. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms of Service:

General Inquiries: contact@morganadrake.com

Legal Matters: legal@morganadrake.com

Response Time: We will make reasonable efforts to respond to inquiries within 5-7 business days.


19. ACKNOWLEDGMENT

BY ACCESSING OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT:

  • You have read and understood these Terms of Service
  • You agree to be bound by these Terms
  • You understand that these Terms constitute a legally binding agreement
  • You are responsible for compliance with all applicable laws in your jurisdiction
  • You have the authority to enter into this agreement

Date of Last Update: October 23, 2025

Effective Date: These Terms are effective immediately upon your first access to the Website.



APPENDIX: QUICK REFERENCE GUIDE

Can I create fan art? Yes, for personal, non-commercial purposes with proper attribution. See Section 7.

What if I find an error in world-building content? Contact us at contact@morganadrake.com. We appreciate corrections and may update content accordingly.

How do I report copyright infringement? Send written notice to legal@morganadrake.com following the procedure in Section 9.

Can I use Dimidium content for my YouTube channel/podcast? No, not without express written permission. Contact us to discuss licensing options.

What happens if I cancel my Newsletter subscription? You may resubscribe at any time to continue receiving updates.

Are these Terms subject to change? Yes. We will notify subscribers of material changes. See Section 13.

What law governs these Terms? Italian law and applicable EU regulations. See Section 14.

I’m in the EU. What are my consumer rights? See Section 15 for withdrawal rights, ADR access, and mandatory consumer protections.

How do I exercise my GDPR rights? Contact legal@morganadrake.com with your request. See Section 12.2 for details.