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Gears is an online community, and as with
other communities, there are rules to help this be an enjoyable
experience for everyone.
NOTICE: "Gears" is a website created and operated by an
individual site administrator. It makes use of computer and internet
services, including a web server, database server and chat server, all of
which are provided by WUNDERWOOD LLC. WUNDERWOOD LLC does not control the
specific content of this chat site. WUNDERWOOD LLC requires that all of
sites on Chatlands™ obey local laws and maintain respectable
standards of operation.
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Use of Art Work and Intellectual Material
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Gears is a part of the Chatlands™ network of chat sites.
Some of the content of this site is owned by the site creator. The
software, much of the supporting artwork, the text and other intellectual
property is owned by WUNDERWOOD LLC. By allowing you to use this
site, WUNDERWOOD LLC
has not given up any rights to the code, concepts, art work, web pages or
other intellectual property. You may not copy, decode, or otherwise
de-compile what we have created. You MAY NOT redistribute any pictures,
sounds or other media without prior permission in writing from
WUNDERWOOD LLC.
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On the Gears website we allow the use of several types of
Artwork or other copyrightable intellectual property. These are typically
poses, backgrounds or text. The main types of artwork are Custom,
Pre-mades, Free, Mods, Objects and Backgrounds. Some of this Artwork and
other creative material on Gears has been created and/or
submitted by Users like you. The Artist/Owner retains the copyright on
submitted artwork. If the User is not the same person as the
Artist/Owner, the User must have permission from the Artist/Owner before
submitting the material to the site. By uploading Artwork to
Gears, you are affirming that you have a LEGAL RIGHT to do so
and that you have an agreement from the Artist/Owner (the current owner
of the copyright) that he or she has agreed with all of the terms and
conditions described here.
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By submitting Artwork or copyrightable intellectual property to
Gears, or by allowing others to do so, you hereby grant the
site owner and also WUNDERWOOD LLC an unrestricted license to display
these works on this website and other websites owned or operated by
WUNDERWOOD LLC. This allows this website to act as a service by hosting
and enabling others to view your Artwork on the site or on the forums.
WUNDERWOOD LLC retains the right to reproduce and redistribute your
artwork on all parts of this website and on any other websites owned or
operated by WUNDERWOOD LLC. It exercises this right on behalf of the
Artist/Owner.
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WUNDERWOOD LLC agrees that any use of Artwork for other Commercial
Purposes (such as merchandise, ads and banners) will require additional
licensing from the respective Artist/Owner of said artwork.
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WARNING: Your paid membership does not obligate this website nor WUNDERWOOD
LLC to automatically accept submitted Artwork. All pieces of artistic
material must go through normal channels of approval, via the Art Staff.
This may include a waiting period, inquiries, and possible rejection.
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Uploading artwork in which you (the User) do not own the copyright, or
have permission to use is NOT permitted. Doing so will only get you banned
from all chats owned or run by WUNDERWOOD LLC.
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Our team works hard to keep unwanted use of artwork to a
minimum. However, when material is submitted for public access, theft by
others is possible. By submitting artwork or other intellectual material to
this site, you have agreed to not hold this site accountable for theft that
may have occurred on the site, or sites owned by WUNDERWOOD LLC. If you
think theft has occurred, please notify a member of our team so that a swift
resolution can occur. A permission list is also appreciated by the site
ArtStaff Team.
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The Artist/Owner recognizes that unwanted distribution may occur when
sharing artwork, or other creative materials. It is important to understand
that once a member of this site has been given permission to use a piece of
artwork or other creative material, that permission cannot be revoked.
However, if an Artist/Owner no longer wishes to allow their artwork to
appear on this site, any new poses, rooms or other creative material will be
rejected. The Artist/Owner recognizes that it is important to keep
its art staff notified if he/she no longer wishes to allow artwork to
appear on this site.
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Definitions
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"Commercial Purposes" - Using artistic or other intellectual property to
financially benefit this chat site or WUNDERWOOD LLC through advertising
and or bringing in money. This may include the material to be used on
CafePress, Zazzle.com, or other online stores. This does not include the
direct resale of said material. WUNDERWOOD LLC will not take a custom pose
and resell it to another User.
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"Artist" - The person that originally created and thus probably, but not
necessarily, owns the copyright to the work.
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"Artist/Owner" - The person that currently owns the intellectual
property rights to artistic material. This may not necessarily be the
original creator of the work (the Artist).
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"User" - The person using any of WUNDERWOOD LLC's services. The User does
have to own the intellectual property rights to the artwork they are using,
but they MUST have permission from the Artist/Owner to submit the artwork
to any Chatlands™ site.
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"Administration" or "Team" - The employees or volunteers that work for
this web site and/or WUNDERWOOD LLC. These are two groups of individuals.
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"THIS SITE", "THIS CHAT SITE", "THIS WEB SITE" or "Gears" is
the website created and operated by the individual site administrator and
it makes use of internet services, including a chat server, provided by
WUNDERWOOD LLC. WUNDERWOOD LLC does not control the content of the
individual chat site but requires that the site follow local laws and
maintain respectable standards of operation.
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Art Definitions
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"Poses" - Pieces of artwork that represent someone on the chat. Some
poses are unique to that individual (Custom Poses). Others have been
obtained by a User/Artist as a set (Pre-mades).
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"Custom" - Means there is no other like it. These might be rooms or
poses, and they could be made by the User/Artist, or have been commissioned
to be made by another User/Artist. These can also include custom colored or
shaded outlines, and Pre-mades.
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"Pre-mades" are generally generic Poses that are only allowed to be used
by few individuals. Freebies can also fall under this category. These are
generally copyrighted.
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"Modified Poses" or "mods" for short, are poses that are made from
pre-existing poses. Whether they be from the WOLFHOME default set, Customs,
or Freebie poses. They are often made from a combination of different poses
or props added to make a new pose. The terms of use for these can vary from
a Custom pose to Freebie pose.
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"Freebies include but are not limited to poses (outlines, grayscales,
Modified poses or full color poses or Custom poses), User-submitted rooms
(outlines, photographs or full color images), and forum avatars/signatures
that the Artist/Owner has allowed to be used free of cost on WOLFHOME and or
other sites/chats. Any Artist has the right to impose limitations and
conditions on the usage of their artwork.
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"Freebies" are made available for use by Users of Gears (and
various other sites/chats) remain under the jurisdiction of the Artist.
The Artist has the right to determine where and how they are used and
alter their limitations at any time. If unsure about the allowed usage of
an image, please contact the Artist or administration.
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"Freebies" are not automatically labeled as Public Domain (no one owns
the rights). In order for Freebies to be considered Public Domain, it must
be made clear to the Gears Administration and Users that the
material is Public Domain.
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No Refunds
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Subscriptions and other services on the Gears website are
acquired by expending "Deltas".
Deltas (see Chatlands™
Deltas FAQ) are purchased from us using PayPal. ALL SALES ARE FINAL.
You may choose to cancel your account on Chatlands™ at any time. Any
credit remaining in your account is NON-REFUNDABLE. Deltas purchased for
for Chatlands™ services is treated in a manner similar to that of
purchases for credit at an arcade that uses tokens to operate their video
games. If you wish, you may transfer your unused Chatlands™ Deltas
to another account before closing your account. Once an account has been
closed, all remaining Deltas are permanently removed. Unspent Deltas
cannot be transferred from a previously closed account.
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You may transfer credit from one Chatlands™ account to another, but
only if you have a valid e-mail address stored in the Chatlands™
database.
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IMPORTANT: ALL FINANCIAL TRANSACTIONS ARE MADE VIA PAYPAL. When we
transfer money to you for any reason, unless explicitly agreed upon in
advance by both parties, the financial transaction is made using PayPal.
PayPal will send an e-mail to your account notifying you of the completed
transfer. You should then follow a link in that e-mail to receive payment.
Financial transactions that are left unclaimed for more than 30 days WILL
BE CANCELLED.
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Privacy
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We make every effort to protect your privacy (see our
privacy policy
for more). However, we do log the chat to protect both you and ourselves.
This log is kept confidential and unread unless there is trouble.
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You must be at least 13 years old or have permission from your parent (or
legal guardian) in order to make use of any chat site on Chatlands™.
THERE ARE NO EXCEPTIONS.
This is not an arbitrary decision on our part. Like all other websites
operating inside the United States, WUNDERWOOD LLC must comply with
COPPA, the Children's Online
Privacy Protection Act (more information). The
Chatlands™ website may be used by children under the age of 13, if
the parent agrees, by clicking on a link sent to their e-mail address, but
parents are strongly cautioned that kids may be exposed to adult
language at times. We try to keep the public rooms at a PG-13 level, but
we do not have the ability to prevent someone from acting badly. If this
causes concern, the parent should not grant their child permission to use
this website.
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Misuse
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Gears and Chatlands™.com was created so you can chat with
friends. Misuse includes harassing other users, using the messaging system
to spam users, or to conduct or to solicit any sort of illegal activity.
WE RESERVE THE RIGHT TO BAN ANY USER FROM THE SYSTEM FOR ANY REASON AT ANY
TIME WITHOUT NOTICE.
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We reserve the right to restrict the text you enter and the graphics you
submit, including, but not limited to your user name, the description of
your private room(s), and even your personal information. Many of our users
don't want to be exposed to profanity, vulgarity, or sexual insinuation.
The Constitution protects your right to say what you want. There is no law
that that compels us to broadcast your words for others to see. If you
desire free speech, do it on a street-corner and not in our chat.
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There is no appeal process. All judgments are final. If you make yourself
unwelcome in the chat, there is no reason we have to let you back in.
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Misuse includes, but is not limited to, activities such as these:
- writing scripts or programs that send the server multiple automated
requests
- striving to crash or halt the system or to degrade its performance
(sometimes referred to as a "denial of service" attack).
- attempting to abuse the system or attempting to make the system
perform in a manner for which it was not intended
- attempting to guess, steal or secretly obtain someone's password
- attempting to gain access to someone's account without their prior
knowledge and permission
NOTICE: This is not a comprehensive list but meant to serve as examples of
unacceptable behavior. IF YOU HAVE A QUESTION, ASK AN ADMINISTRATOR.
We take hacking and the threat of hacking very seriously and we will
defend WUNDERWOOD LLC and its properties against such threats. Do not
threaten to hack us. Do not threaten to hack another user. You will be
banned and you may face legal consequences as well.
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Changes to the Terms and Conditions
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We reserve the right to change these terms and conditions from time to
time. When we make any significant changes to these rules, we will attempt
to alert Gears members by way of a splash screen or with an
update on the Gears home page. However, we do not guarantee
that this will happen or that you will see it. It is your responsibility
to check from time to time for updates or changes made to this document.
BY CONTINUING TO USE OUR SERVICES, YOU INDICATE THAT YOU AGREE TO THE MOST
RECENT VERSION OF THESE RULES.
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IMPORTANT DISCLAIMER
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NO WARRANTY. THE Gears WEBSITE, THE CHATLANDS™ WEBSITE
INCLUDING THE CHAT SERVICE, THE FORUMS AND ALL OTHER MATERIAL IS PROVIDED
"AS IS". WUNDERWOOD LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. THE USE OF THIS WEBSITE,
INCLUDING BUT NOT LIMITED TO THE CHAT SERVICES, FORUMS AND OTHER MATERIAL,
IS AT THE SOLE RISK OF THE PARTICIPANTS INVOLVED. NEITHER WUNDERWOOD LLC,
NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH WUNDERWOOD LLC, ACCEPTS
LIABILITY FOR ANY CLAIM BASED EITHER DIRECTLY OR INDIRECTLY ON THE USE OF
THIS SITE. IF FOR ANY REASON ANY PORTION OF SUCH A DISCLAIMER DOES NOT
APPLY TO YOU, DO NOT USE THIS SITE.
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