The Rules and Reports Guide for Dummies! Updated, 04/01/2010

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Post 1

THE ToS FOR DUMMIES

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Welcome to the Gaia Interactive, Inc. ("Gaia" ) web site -- www.gaiaonline.com ("Website" ) -- and any other web sites, features, content, applications or services owned or operated by Gaia (collectively, "Gaia Online" ). This Terms of Service ("Terms" or "Agreement" ) is for the users, members, customers, and others who visit and use Gaia Online (collectively or individually, "Members" ).

The services hereunder are offered by Gaia Interactive, Inc., located at: PO Box 612680, San Jose, CA 95161-2680. You can also contact us through our Help Center.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF Service. By accessing, browsing, using and/or REGISTERING FOR Gaia Online, you acknowledge that you have read, understood, and agree to be bound by the following terms, including ANY GUIDELINES AND FUTURE modifications (collectively, the "TERMS" ). If you do not agree to these Terms, THEN please do not use Gaia Online.

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Post 2

Privacy Notice.

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Your privacy is important to Gaia. Gaia's Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

In addition, never display any personal information that could be used to find you in the real, off-line, world in public, with strangers or people you just met -- for example, your mailing or home address or phone numbers

Your privacy is important, and it's supposed to be private for a reason. Please do not display any information that people could use to stalk you. For example, don't give out your address, your full name, a phone number, etc. For more information, read the Privacy Notice.


*Note
I am referring to this section of the ToS, not the actual Privacy Notice.

Individual Features and Services.

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When using Gaia Online, you will be subject to any additional posted guidelines or rules including but not limited to Gaia's Rules & Guidelines and the "Announcements" or "Stickies" found in the Gaia Online Forums, which are applicable to specific activities and features which may be posted from time to time (collectively referred to herein as the "Guidelines" ). All such Guidelines are hereby incorporated by reference into these Terms.

Just because it doesn't say it in the ToS, doesn't make it okay to do so. There are rules and guidelines located in the Announcements/Stickies, but there are other rules too. For example, it doesn't say not to page stretch in the ToS, but it's a no-no, under spamming.

Modification of these Terms.

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Gaia reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting a notice on the Website or by sending you an email. Please check these Terms and any Guidelines periodically for changes. Your continued use of Gaia Online after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on Gaia Online.

Gaia can change or edit the ToS whenever they see fit, and they'll let us know through an announcement or an email. Check the ToS often for changes. If you keep using Gaia after a change, you agree to it

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Post 3

Prohibited Conduct

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BY USING GAIA ONLINE YOU AGREE not TO:

By using Gaia, you agree you won't do this stuff.

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"stalk", harass, threaten, or defraud other Gaia Members;

Stalking means following them everywhere intentionally if they do not want you to. Harass, bother continually. Threaten, to give a warning to inflict punishment. Defraud, to deprive of a right, money, or property. Don't do that to anyone else.

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send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, deceptive, tortious, defamatory, libelous, or otherwise inappropriate or offensive content to other Gaia Members;

Don't give anyone links/pictures/etc to any material that is inappropriate. Inappropriate content is in the list above.

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make unsolicited or inappropriate offers, advertisements or proposals for goods, services or other commercial activities outside of Gaia, or send junk mail or chain letters to other Members;

That means you can't give someone a twenty for 200,000 gold. You also cannot pay your buddy with 10,000 gold if he punches himself in the stomach. Also, do not send those chain messages. You know the ones. "SEND THIS TO 10 PEOPLE OR BAD LUCK..." blahblah. Don't do that.

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impersonate another person or access another Member's account without permission, or impersonate Gaia staff;

If you say you are another person on a different account, that's impersonating. Like those guys who dress up as Elvis all the time. Also, don't go into someone else's account without permission. Know what that is? Hacking. That's a mega no-no, and a permaban right away. Don't pretend you are a moderator/admin either. We all know admins/mods have coloured names. Don't even try it.

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fail to deliver payment for any purchases made on Gaia Online;

Don't try to scam Gaia. It's a big company, they'll win. If you bought an MC, give them the money for it.

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share Gaia-issued passwords with a third party or encourage another Member to do so;

This is an easy one. DO NOT GIVE OUT YOUR PASSWORD. TO ANYONE. EVER. If someone asks for it, report them. If you tell someone else to give their password away, you'll be reported.

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misrepresent the source, identity, or content of information transmitted via Gaia Online, (such as claiming a created work as your own that is not actually yours) or otherwise infringing any trademark, copyright, right of publicity or other right of any other person or entity;

That's called stealing, dear users. You wouldn't want someone to take something you made and call it theirs, would you? Nope. So don't do it to other people.

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use or encourage others to use Gaia Online for any illegal purpose;

Don't try to use Gaia as a big orgy party, and post videos of it. Gaia is supposed to be a safe, legal environment. Don't mess it up. Don't use Gaia illegally.

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use site features for anything other than their intended purpose, including exploiting site glitches for personal gain;

As much as we love Gaia, it isn't a perfect site. There are glitches, don't take advantage of them. If you accidentally do, contact a moderator. For example, the Rally Glitch. The 100K Jackpot was given out too often, and people would make mules to get the gold. Don't do that. If you did get the 100K, contact a moderator.

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interfere with any security-related features of Gaia Online;

That's an obvious one. You wouldn't want to try and stop a police man from running down a fugitive. Don't mess with the security.

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intentionally interfere with the operation of Gaia Online or any Member's enjoyment of it, including intentionally posting inflammatory statements to get a reaction ("Trolling" );

If you try to make Gaia not so fun anymore, you are OUTTA HERE. Let people have their fun okay? Also, don't try to provoke people by posting stuff just to make them mad. That's trolling. That's bad. Naughty you.

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post, request, or link to sexually explicit material or conduct;

Keep the sexual stuff off of Gaia. This is a PG-13 site. Don't post it, don't ask for it, don't link to it.

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discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;

Don't talk about it, don't say its awesome, and don't give any details about children. Their sexuality, abuse, or child pornography, or anything related to it.

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post or distribute any content that contains software viruses or other code intended to damage or interfere with any software, hardware, equipment, system, data, or other information of Gaia or any third party;

Don't try to make a program that will give you a million gold a day. They won't work anyway, so don't try. Don't post it, don't give it out, and don't try to mess with Gaia.

*Note:
Anyone offering to give you a botting program is a hacker. Don't take it. It's a program with a password reader most of the time, and you'll get hacked.

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decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Gaia Online, except to the limited extent applicable laws specifically prohibit such restriction;

Don't try to take Gaia apart and change stuff from the site.

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use bots on the site; buy, sell or trade Gaia gold for non-Gaia items (including cash) or vice versa; or attempt to hack or scam other members;

Those programs that post for you, earn you gold, etc. Those are bots, don't use them. Also, don't give a friend a pencil for 100 gold. Don't give a necklace to a buddy for 200,000 Gold. Don't give a friend ten dollars for some gold. Don't try to access another person's account without permission, and don't try to trick a user into giving you things. That's hacking, or scamming.

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engage in any other conduct prohibited by our Rules and Guidelines.

Don't do stuff that isn't allowed in the Rules and Guidelines.

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Post 4

Eligibility; Account Information.

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Gaia Online is not available to persons under the age of 13 or to any Members suspended or removed from Gaia Online by Gaia. You agree that the information you provide to Gaia during Member registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. Gaia may, in its sole discretion, refuse to offer Gaia Online to any person or entity. Gaia may change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access Gaia Online is revoked in such jurisdictions.

If you are under 13, don't be on Gaia. It's not only Gaia's law, it's a COPPA law. Any information you use to sign up, and at anytime, MUST be true. You agree to keep it accurate. Gaia can deny access to anyone they see fit. Gaia can change it's rules for signing up anytime. This section is void if the area you are in prohibits Gaia's use.

Password.

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When you register as a Member you will be asked to provide a password. As you will be responsible for all activities that occur within your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), you will immediately notify Gaia. You may be liable for the losses incurred by Gaia or others due to any unauthorized use of your account.

When you sign up, you need a password. Any activities that occur from the account is your responsibility, so don't give out your password. You are responsible for keeping it private. If for some reason you think your account isn't safe anymore (hacking/scamming/etc), you will contact a moderator. If you do something wrong, you are responsible for any losses that happen to your account.

Ownership; Proprietary Rights.

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Gaia Online is owned and operated by Gaia Interactive Inc.. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of Gaia Online provided by Gaia, including without limitation any artwork, Gaia virtual items, Gaia Gold, Member Submissions, Gaia Member Online Accounts or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials" ) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Submissions, which are owned by and provided by our Members, all Materials contained on Gaia Online are the property of Gaia or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Gaia or its affiliates and/or third-party licensors. Except as expressly authorized by Gaia, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials. You agree to abide by all copyright notices, information and restrictions contained in any Materials.

Anything on Gaia belongs to Gaia, including artwork, accounts, graphics, designs, etc. All those things are protected by Gaia. Except if you post artwork of your own, through a post/arena. You agree not to take Gaia's material and change it in anyway or claim it as yours.

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Post 5

Member Submissions.

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Definition of Member Submissions. Gaia may now or in the future permit submissions in journals, the Art Arena, personal ads, chat, messages, reviews, blogging, etc. by you and other Members("Member Submissions" ), and the hosting, sharing and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, Gaia does not guarantee any confidentiality with respect to any Member Submissions.

Member submissions is a member. You can post artwork/writing/etc in journals, art arena, advertise it yourself, in a chat, in posts, reviews, blogging, etc. If you post it and someone steals, Gaia will not be responsible for it.

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Ownership, Limited License Grants.Member's retain all ownership rights in their Member Submissions.

If it belongs to you and you post it, it's yours.

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Limited License Grant to Gaia. By submitting Member Submissions to Gaia Online, you hereby grant to Gaia, solely as necessary to provide the features and functionality of the part(s) of Gaia Online within which you choose to make your Member Submissions available, a worldwide, non-exclusive, perpetual, irrevocable, assignable, sublicensable, fully paid-up, and royalty-free license to use, modify, display, reproduce, distribute and perform (if applicable), prepare derivative works of and otherwise fully exploit ("Use" ) your Member Submissions within Gaia Online in any media formats and through any media channels, and to reformat, excerpt or translate any Member Submissions. This license does not grant Gaia the right, except in providing the Gaia Online service, to use your Member Submissions for any other commercial purposes.

If you sign up, you can use the account as you wish, within the rules and ToS.

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Limited License Grant to other Gaia Members. By submitting Member Submissions to Gaia Online, in cases where you display your Member Submissions for other Members to view, or when you directly exchange or otherwise provide your Member Submissions to other Members as permitted by certain Gaia Online functionality and these Terms, you hereby grant to such Members of Gaia Online a non-exclusive license to Use your Member Submissions solely as necessary for such Members to participate in the relevant Gaia Online functionality or activity.

Your account, or member submission, is used to participate on Gaia.

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Required Rights in Member Submissions. You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to Use and to authorize Gaia and Gaia's Members to Use your Member Submissions as necessary to exercise the license granted by you in Section 8.2 above; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any Member Submissions to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the Member Submissions in the manner contemplated by Gaia and these Terms and (iii) you will pay all royalties and other amounts owed to any person or entity due to your Use of any Member Submissions on Gaia Online.

You are responsible for anything you post on Gaia, and any consequences that occur because of it. If you post it, you must own it, have a license to post it or permission. You must have the consent to use the name or likeness of an individual person. Meaning, you have to have permission from a friend to post their name or anything private about them. You must pay anything owed to any person on Gaia to post something you paid for.

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Member Submissions Representations. In connection with Member Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Gaia all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Gaia or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person, or (vi) engage in any other activity that is prohibited by these Terms.

You won't post any material that is copyrighted unless you are the owner of it, or have their permission to post it. Don't post anything that is false or misrepresenting that could damage Gaia or another person. Don't post something that is illegal, obsecene, or inappropriate (items listed above). Don't post advertisements for businesses. Don't impersonate another user. And don't do anything that is against the ToS. Duh.

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Member Submissions Disclaimer. You understand that when using Gaia Online you will be exposed to Member Submissions from a variety of sources, and that Gaia is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Gaia with respect thereto, and agree to indemnify and hold Gaia, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Gaia Online. Gaia does not endorse any Member Submission or any opinion, recommendation or advice expressed therein, and Gaia expressly disclaims any and all liability in connection with Member Submissions. If notified by a Member or a content owner of a Member Submission that allegedly does not conform to these Terms, Gaia may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Member Submission, which it reserves the right to do at any time. Gaia has the right, but not the obligation, to monitor Gaia Online, and Gaia may remove any Member Submission at any time for any reason. For clarity, Gaia does not permit copyright infringing activities on Gaia Online.

By being on Gaia, you are going to be subject to Member Submissions. Gaia is not responsible for anything posted by a member. You may be subject to submissions that are inappropriate ( in such cases, the report button will be might handy wink ). You will not take legal action against Gaia for something another person posted. Gaia doesn't endorse anything user's post, or any opinions/advice. If Gaia is alerted to a post against the rules, they will investigate and determine whether to remove the post, which Gaia can do at anytime. Gaia can monitor the site and they can remove any post at any time, for any reason. (Remember, they won't just delete a post because they felt like it. It will be against the rules).

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Post 6

Messaging and Chat

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You are welcome to post, transmit or submit chat and messages (collectively "Messages" ) within, or in connection with, Gaia Online. Gaia accepts no responsibility whatsoever in connection with or arising from such Messages. Gaia does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not reviewed by Gaia prior to posting and do not necessarily reflect the opinions or policies of Gaia. Gaia makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Gaia reserves the right to prevent Members from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.

You can post and connect with people on Gaia. Gaia is not responsible for anything that happens from messaging/posting. Gaia does not endorse or have any control over what other user's say. Messages posted are not reviewed before it is posted, and do not reflect opinions of Gaia. Gaia has the right to prevent any member from posting, and can restrict and remove messages for any reason at any time. Remember, posting is not a right. It is a privilege. wink

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Gaia assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Gaia chooses, in its sole discretion, to monitor the Forums, Gaia nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Gaia accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.

Gaia is not responsible for monitoring the forums for inappropriate messages at all times. If Gaia chooses to, Gaia does not take responsibility for the content of the messages. They have no obligation to remove or modify anything inappropriate, and no responsibility for the conduct of a user. By posting, you agree to follow the rules and guidelines of that forum. You agree not to take legal action against Gaia if they edit, restrict, or remove your messages.

*Note
Remember, Gaia does NOT have to moderate the forums. Moderating is not a job, it is a volunteer position. Please keep in mind the moderators do work hard in keeping the forums clean, but they don't have eyes everywhere. If you see something against the rules, report it wink

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Post 7

Prohibited Uses.

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Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access Gaia Online from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Members visiting Gaia Online from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.

If your area has rules against anything on Gaia, you are not allowed to be here. Those who are out of the USA and have a Gaia account do so at their own will and are responsible for following the rules of your area. You agree to follow all the rules within your area.

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Any use of Gaia Online other than for private, non-commercial use is strictly prohibited. As a condition of your use of Gaia Online, you will not use Gaia Online for any purpose that is unlawful or prohibited by these Terms. You may not use Gaia Online in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of Gaia Online. You may not attempt to gain unauthorized access to Gaia Online, or any part of them, other accounts, computer systems or networks connected to Gaia Online, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of Gaia Online or any activities conducted on Gaia Online. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Gaia Online. You agree neither to modify Gaia Online in any manner or form, nor to use modified versions of Gaia Online, including (without limitation) for the purpose of obtaining unauthorized access to Gaia Online.

Don't use Gaia for anything than what it is intended for. You won't use Gaia for any illegal activities, you will not use Gaia to damage, disable, impair, or interfere with another party's enjoyment. You will not try to get access to another person's account, Gaia's system or network, through hacking. You will not interfere or try to interfere with the proper working of Gaia or any activities on Gaia. You will not take or try to take any materials/information through means not intentionally made on Gaia. You will not modify Gaia in anyway, nor will you use a modified version of Gaia.

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Gaia Online may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access Gaia Online for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Gaia Online.

You will not use any programs to access Gaia without their permission. You will not bypass their system to prevent or restrict access to Gaia.

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Post 8

DMCA Notifications.

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It is Gaia's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Gaia's DMCA Notification Guidelines. Gaia will terminate without notice any Member's access to Gaia Online, if that Member is determined to be a "repeat infringer." A repeat infringer is a Member who has been notified by Gaia of infringing activity violations more than once and/or who has had a Member Submission removed from Gaia Online more than once.

Gaia will respond to anything against the rules. Gaia will ban any account if that user has been violated the rules repeatedly.

Gold, Virtual Currency.

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Throughout your Gaia Online experience, you may accumulate "Gold," which constitutes a limited license right to use a feature of Gaia Online when, as, and if allowed by Gaia. Gold is the fictional currency used in the world of Gaia Online and it may be used to purchase virtual goods or virtual services which are stored in the Member's inventory and can be used to enhance the look of the Member's on-line persona or player, also known as an "Avatar", or other on-site features. Gaia may charge fees for the right to use Gold, or may distribute Gold without charge, in its sole discretion. Regardless of terminology used, Gold represents a limited license right governed solely under these Terms, has no real value, and is not transferable or redeemable for any sum of money or monetary value from Gaia at any time. You agree that Gaia has the absolute right to reduce, manage, regulate, control, modify and/or eliminate Gold as it sees fit in its sole discretion, and that Gaia will have no liability to you based on its exercise of such rights. Notwithstanding any other language to the contrary, as used in these Terms and throughout Gaia Online in the context of Gold transfers: (a) the term "sell" means "to transfer for consideration to another Member or Gaia the licensed right to use Gold in accordance with these Terms" and (b) the term "buy" means "to receive for consideration from another Member or Gaia the licensed right to use Gold in accordance with these Terms." Gaia may halt, suspend, discontinue, or reverse any Gold transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of these Terms or other laws or regulations, or deliberate disruptions to or interference with Gaia Online, such as creating multiple secondary accounts strictly to accumulate Gold by using site features and then funneling it to a singular account.

Being on Gaia makes you gold, a virtual currency used on Gaia to buy items. Gold is just pixels. It is not real, nor can it be redeemed for any real currency. Gaia has the right to remove, modify, manage, and control the gold on Gaia, as an economy. Gaia can stop and suspend any trade in cases of fraud, violations of the rules, or suspected interfering with Gaia. Do not create multiple accounts just to transfer the gold into a single account.

*Note
Mules are second/third/etc accounts. Many people use them, even mods/admins. Mules are fine to use as long as their sole purpose is not to collect gold and trade it to a main account.

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Post 9

Fees and Payment Terms.

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Gaia may charge fees for certain features. Should you elect to use such features, you shall pay all applicable fees, as described on the Website. Gaia reserves the right to change its fees at any time, and will provide notice upon the site. Use of Gaia Online by you following such notification constitutes your acceptance of any new or increased charges. If you purchase a Monthly collectible, buy "Gaia Cash" to purchase virtual merchandise or services, or otherwise buy products or services from Gaia Online, then you agree to pay for any such purchases, Gaia Cash, products and services and we may charge your selected payment method to collect any such payments. You are required to keep your billing information current, complete, and accurate (such as a change in billing address, credit card number or expiration date) and notify Gaia if your selected payment method is canceled or compromised (e.g., for loss or theft).

Gaia may charge actual money for certain things. If you want to use those features, you must pay whatever the price is for it. Gaia can change its fees any time, and will let us know if they do. If you use Gaia after the change has occurred, you agree to it. If you buy an Monthly Collectible or Gaia Cash, you must pay for it. You have to keep your information current, complete, and correct. If your payment method is canceled or compromised, let Gaia know.

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You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of Gaia Online, including, but not limited to, sales, use or value-added taxes. To the extent Gaia is obligated to collect such taxes, the applicable tax will be added to your billing account.

You are responsible for any charges that happened under your account. If you let other people use your account, you and you alone are responsible for any charges they make. If your payment fails or is past due, Gaia will collect the fees another way. Your account may be deactivated without notice if your payment is past due, regardless of what the payment was. You are responsible for any taxes from your purchase.

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Post 10

Third-Party Sites, Products and Services; Links

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Gaia Online may include links to other web sites or services solely as a convenience to Members ("linked sites" ). Gaia does not endorse any such linked sites or the information, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, Gaia makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk, and you acknowledge that Gaia shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any linked site.

Gaia may have links to other sites. Gaia doesn't endorse what is on the other site in any way. Accessing the linked sites is at your own risk, and you agree that Gaia will not be held responsible for anything on the other site.

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Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Gaia Online are solely between you and such advertiser. You agree that Gaia will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Gaia Online.

Anything business with advertisers on Gaia are between you and the advertiser. You agree Gaia is not responsible or any loss or damage because of the business, and as the result of the advertiser on Gaia.

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If you opt in to connect your Gaia account and data with Facebook (through the Facebook Connect feature) or with any other third party networking (or other) site, that data may become public through the other site.

If you decide to connect your Gaia account with another site, that information may be public on the other site.

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Post 11

Violations; Termination.

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You agree that Gaia, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Gaia or your use of Gaia Online and remove and discard all or any part of your account including its inventory of any virtual items, Gaia Gold, Gaia Cash Member profile, or any Member Submission, at any time. As all items, Gaia Gold, Gaia Cash, and other aspects of your account are considered to be licensed to you for your use while your account is in good standing, all of the previous are considered to be forfeit when the account is banned or otherwise terminated. Any fees paid hereunder are non-refundable. Gaia may also in its sole discretion and at any time discontinue providing access to Gaia Online, or any part thereof, with or without notice. You agree that any termination of your access to Gaia Online or any account you may have or portion thereof may be effected without prior notice, and you agree that Gaia shall not be liable to you or any third party for any such termination. As discussed herein, Gaia does not permit copyright infringing activities on Gaia Online, and reserves the right to terminate access to Gaia Online, and remove all content submitted, by any Members who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Gaia Online may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Gaia may have at law or in equity.

You agree that Gaia can ban any account for any or no reason. Gaia can remove or delete any part of your account, including items/gold/cash. Any items in your account are yours for your use as long as your account is in good standing. Any fees you paid are non-refundable. Gaia can, at anytime, no longer offer access to Gaia. You agree that Gaia can terminate your account without notice, and Gaia is not liable for termination. Gaia does not allow theft of copyright material, and will ban your account if it is guilty of it, or other repeated offenses. Any suspected rule breaking is grounds for termination of the account.

*Note
Remember, this is only a law thing. Gaia won't just ban you for no reason. Why would they? They need members to keep them active wink

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Post 12

Disclaimers; No Warranties.

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You acknowledge that Gaia has no control over, and no duty to take any action regarding: which users gain access to Gaia Online; what Materials you access via Gaia Online; what effects such Materials may have on you; how you may interpret or use such Materials; or what actions you may take as a result of having been exposed to such Materials. Gaia Online may contain links to websites containing information that some people may find offensive or inappropriate. You release Gaia from all liability for you having acquired or not acquired Materials through the Website.

Gaia doesn't have any control over who gets access to Gaia, what materials are on Gaia, what effects those materials may have on you, how you interpret the material, or what actions you take as a result of having been exposed to the material. Gaia may have links to sits with information that some users may find offensive or inappropriate. Gaia is not liable for you having seen the material through the site.

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Gaia Online AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH Gaia Online ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GAIA, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

Gaia and everything available on Gaia are provided as they are without warranties. To the fullest part of the law, Gaia and everything with Gaia, disclaim all warranties.

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GAIA, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN Gaia Online WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Gaia Online OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Gaia, and everything with Gaia, do not certain that the functions on Gaia will be uninterrupted or error-free. There may be glitches and defects. Gaia, and the servers that make it available, may have viruses or other harmful components.

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GAIA, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF Gaia Online IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GAIA NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF Gaia Online AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Gaia and everything with Gaia do not warrant or make representation for the use of the result of using Gaia. You assume the entire cost of any servicing, repair or correction. You understand and agree that you download or obtain material or data through using Gaia at your own risk. You will be responsible for any damages to your computer.

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CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Certain laws within a state may not allow limits on warranties or the exclusion/limitation of damages. If these laws apply to you, some of or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

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Post 13

Indemnification; Hold Harmless.

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You agree to indemnify, save, and hold Gaia, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of Gaia Online, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Gaia reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Gaia, and you agree to cooperate with Gaia's defense of these claims.

You agree that Gaia, and everything with Gaia, is not liable for your misuse of the site, violation of the terms, violation of the rights of any other user. Gaia has the right, at your expense, to assume the defense and control of any matter for which you are required to hold Gaia liable, and you agree to work with Gaia's defense for these claims.

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Post 14

Limitation of Liability and Damages

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UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GAIA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON GAIA ONLINE, OR ANY OTHER INTERACTIONS WITH GAIA, EVEN IF GAIA OR A GAIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GAIA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Gaia, and everything with Gaia, will not be liable for any damages that result from your use or your inability to use Gaia, or any interactions with Gaia. Law may not allow the limitation or exclusion of liability or damages, so the above limitation or exclusion may not apply to you. If it doesn't, Gaia's liability will be limited to the fullest extent permitted by the law.

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IN NO EVENT WILL GAIA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF GAIA ONLINE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER GAIA ONLINE MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING GAIA ONLINE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

Gaia, and everything with Gaia, will not give you all the liability for damages, losses, or causes of action which may exceed the amount paid by you, if any, for accessing Gaia during the one year after the day the act occurred that gave rise to your claim, or one hundred dollars, whichever is greater.

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THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN GAIA AND RECEIVED THROUGH OR ADVERTISED ON GAIA ONLINE OR RECEIVED THROUGH ANY LINKS PROVIDED ON GAIA ONLINE.

These limitations also apply, with respect, to damages by reason of any products or services sold or provided by third parties other than Gaia, and received through or advertised on Gaia, or received through any links on Gaia.

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Post 15

Miscellaneous

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Notice.
Notice. Except as explicitly stated otherwise, legal notices will be served on Gaia's national registered agent or to the email address you provide to Gaia during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through Gaia Online. In such case, notice will be deemed given three days after the date of mailing.

Except if stated otherwise, legal notices will be served on Gaia's national agent or to the email address you made your account with. Notice will be deemed given 24 hours after the email is sent, unless the email is invalid. Gaia may give you legal notice by mail if you provide it to Gaia. In those cases, notice will be deemed given three days after the mailing.

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Waiver.
The failure of Gaia to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Gaia.

If Gaia fails to enforce any right from the terms, it will not give you a waiver of such a right. Any waiver of these terms will be effective only in writing and signed by Gaia.

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Governing Law.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

The terms will be governed by the laws of the state of California.

*Note. Gaia headquarters are in California.

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Jurisdiction.
You agree that any action at law or in equity arising out of or relating to these Terms or Gaia will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

You agree that any legal action from the terms or Gaia will be filed only in the state or federal courts of Santa Clara County, California. And you consent and submit personal and exclusive jurisdiction of such courts for the purposes of solving the action.

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Severability.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

If any section in the terms are unlawful, void, or unenforcable, then the section will be removed from the terms, and it will not effect any of the remaining sections.

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Assignment.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gaia without restriction.

Only Gaia can add/remove/edit the terms and guidelines for Gaia.

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Survival.
Sections 7 and 14 through 19 will survive any termination of these Terms.

Sections 7 and 14-19 will remain part of the terms always.

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Headings.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

The main titles are so you can navigate the terms, and are not part of the terms. They are not deemed to limit or affect any of the sections.

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Entire Agreement.
This is the entire agreement between you and Gaia relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Gaia as set forth in Section 3 above.

This is the entre agreement for you and Gaia. The entire agreement will not be changed except in writing, signed by you and gaia, or by a change to these terms or guidelines made by Gaia, as set forth in Section 3.

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Claims.
YOU AND GAIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO GAIA ONLINE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

Any legal action relating to Gaia must happen within a year of the action. Otherwise, the action is void.

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Disclosures.
The services hereunder are offered by Gaia Interactive, Inc., located at: PO Box 612680, San Jose, CA 95161-2680. You can also contact us through our Contact Us webform. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

The services offered are by Gaia Interactive Inc, located at the address above. You can contact Gaia through the Contact Us webforum. If you live in California, you may have the same information emailed to you by sending a letter to your address.

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Disclaimer & Copyrights:

AniHQ, GAIA Interactive Inc, Studio XD, and all affiliated developers of GAIA Online will not be held responsible for (1) any content generated by GAIA Online users/members or (2) content that exists through any links posted on the GAIA Online website.

AniHQ, GAIA Online and all images associated with GAIA Online are © Copyright 2003 - 2009 Gaia Interactive, Inc. All Rights Reserved.