ToS for Dummies

[kage-ookami4]

ToS For Dummies!
This guide is just a basic explanation of the Terms of Service here on Gaia Online. Please note this is not the Terms of Service nor does it include or explain all parts. This is just a guide to help you better understand the ToS.

What is the ToS?
It's the legal terms you agree to when you join the site. By clicking "I agree" during account creation you are agreeing to follow all things in this document. Failure to do so will get your account banned, this is why it's so important to understand it. If you ever have any questions about the rules on gaia please post your question in the Questions and Assistance Forum immediately.

Where Can I Find the ToS?
You can find a Link to the Terms of Service in the footer (the very bottom) of every page on Gaia.
Before we start going over the Tos I suggest you take a good look at. It's probably best to have it open while we go over it. Click Here to see the ToS.

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Part 1: Privacy Notice
This part tells you how Gaia uses the information you make available to them. The Privacy Notice is pretty much free of legal mumbo-jumbo so it should be a straight forward read. An important note is the age restriction, if you are under the age of 13 (in human years, sorry dog years don't count) you can't use Gaia. It is not legal for them to collect information from people under 13.

Part 2: Individual Features and Services
This tells you that in addition to the rules outlined in the ToS there are other rules on Gaia that you will have to follow. The general Rules and Guidelines and the stickies and announcements unique to each forum you visit. The R&G much like the Privacy Notice is an easy read. The signature rules can be found here (in addition to on the signature edit page). The R&G also outline botting, scamming, hacking and staff impersonation as grounds for the termination of your account.

Part 3: Modification of these Terms
This states that the ToS may change at any time and you are held responsible to understand and abide by these 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." This means you should check up on the ToS often. Usually when there are major changes an announcement is made.

Part 4: Prohibited Conduct
This is all the stuff you should never, ever, ever, ever do! Read this section carefully. Trolling is defined here as "intentionally interfere with the operation of Gaia Online or any Member's enjoyment of it, or intentionally post inflammatory statements to get responses." This means posting something like "LOL people who are in high school still are fags gtfo gaia you're ruing the site" is trolling; there's no way you can expect people to not respond with anger.

Part 5: Eligibility; Account Information
This again states the age restriction as outlined in the Privacy Notice. The rest of it basically means you shouldn't lie about your birthday. Don't go telling people you're 11 as a joke and don't go telling people you're 17 when you're only 12. Make sure the birthday you entered when making your account is your REAL birthday.

Part 6: Password
This states that you are responsible for the security of your account. You should never ever, ever, ever share your password (as stated in section 4f). You are responsible for what happens to your account; if you tell your password to a friend and they use your account and do bad things it's your fault. An important part to note is "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", This can be done by filing a hacking report in the case you were hacked or PMing a moderator.

Part 7: Ownership; Proprietary Rights
This is a very important part to understand. All the items and assigned to your account, even if you purchased them legally belong to Gaia Online not you. This means you do not have the right to sell them for real money. Also, you may not use any of the images found on Gaia (not submitted by users) for your own personal use; i.e. you can't make a website and use Gaia's avatars or items. There are exceptions where permission is given, like the avatar exporter where you can use an image or your avatar on other sites and IM services. If you are ever unsure about image use be sure to ask in the Questions and Assistance forum.

Part 8: Member Submissions
This section is further explained here. Basically if you post something here it belongs to you. All artwork submitted by members belong to them- except when the member is in violation of copyright law. For more information on copyrights click here. You do not have permission to grab a picture or text from any where on the internet [or anywhere else] and claim it to be yours or edit it in any way with out permission from the original owner (the person who created the work). You can link to images or provide quotes of or links to text so long as you give credit and don't claim it as your own. 8.4 is definitely worth taking a good look at! It outlines the types of things you should not submit to Gaia Online. 8.5 states you may see things here that are in violation of this section, these violations may be hateful or pornographic. Submissions against the rules will be removed from the site by a moderator but in your time as a member you may see these things before a mod has gotten to them.

Part 9: Messaging and Chat
Gaia is not responsible for the things users post here (for example, you can not sue Gaia if someone were to post a pornographic image). Also, the opinions of the users are not the opinion of the site. Posts made by members that are against the rules are subject to being removed. However, Gaia is not responsible for actively moderating the site- although they do their best. Basically Gaia is not at fault when you see something you don't agree with or something that violates the rules. The one who is responsible is the user who submitted it- that user is subject to punishment when the submission violates the rules.

Part 10: Prohibited Uses
This explains that certain content is restricted to only users accessing the site in the United States. This plays a part in sponsorships where the sponsor only owns the rights to the material in the United States. Allowing users from outside the US to access this sponsorship would violate the copyright of the owner of this material in other countries. Gaia Online is located in the Unite States and therefore subject to United States law. In this part you agree that you will not use Gaia Online to break the law. Asking how to get Adobe Photoshop for free and organizing a robbery are examples of illegal activity. You also agree to not bot in 10.3, "you agree that you will not use any robot, spider, scraper, or other automated means to access Gaia Online for any purpose".

Part 11: DMCA Notifications
Gaia abides by the Digital Millennium Copyright Act. For more information click here. Gaia Online will remove things that violate a copyright, like the Domo emote that was recently removed.

Part 12: Gold, Virtual Currency
Gaia gold is a fictional currency with no real life value, gold can not be exchanged for any goods or services outside of Gaia.

Part 13: Payment Terms
If you purchase something from Gaia, you must pay for it... this should go with out saying. Your billing information must be correct and current when making a purchase. Also, you are responsible for all charges incurred under your account whether you yourself made them or not. This is why it's so important to never, ever, ever share your password. You are also responsible for paying any taxes on your purchases.

Part 14: Third-Party Sites, Products and Services; Links
Gaia does not endorse sites that are linked to here on Gaia. Gaia is not responsible for the information on other sites and you use these sites at your own risk. When you participate in promotions of advertisers that dealing is

Part 15: Violations; Termination
This is the part that everyone is always afraid of. You agree that gaia can ban you or deny service to you at any time with out reason. This is just legal stuff to cover their butt so people can't sue them after being banned. Gaia does not ban people without a reason but that reason is not a right it's a gift.

Part 16: Disclaimers; No Warranties
Everything on the site is provided as-is with no warranties. This basically says stuff isn't always going to work right and Gaia doesn't guarantee that the errors will be fixed (although they do try to fix most glitches and bugs).

Part 17: Indemnification; Hold Harmless
You agree to not sue Gaia. If you break the ToS and get banned you can not sue. If you get hacked and lose items you can not sue. If a third party gives you a virus while on Gaia and it destroys your hard drive you can not sue.

Part 18: Limitation of Liability and Damages
This jumbled mess of legal jargon basically says Gaia is not responsible for any damages that occur from your use or inability to use Gaia. This also applies to third party sites that are affiliated with Gaia like QOOP in the Gstore.

Part 19: Miscellaneous
A summary of sorts. Recaps that by agreeing to the ToS you agree to the entire document. Also, any legal stuff between you and Gaia must occur with in one year from the event that caused the need for legal action.