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Thetotemlands.com
Terms of Use contract

Definitions

"Thetotemlands.com" refers to the site itself, its owners, and/or administration, hereby referred to as "we", "us", "the/this website", "the service provider", "the site", "the chat", or "the forum."

"User" refers to any registered user of Thetotemlands.com website or unregistered visitor to this website, regardless of the user's possession of a paid account or not, hereby referred to as "the user", "member" or "you".

The administration of Thetotemlands.com consists of a team of volunteers that are included in the definition of Thetotemlands.com to protect them from liability. However, individual administration members are subject to this Terms of Use contract as users and will be held responsible for any breach of contract.

I. Liability and Disclaimer

  1. By registering with this website you are agreeing to be subject to this Terms of Use contract document, no exceptions.
  2. A "breach of contract" is defined as any violation or attempt to violate any item in this Terms of Use contract, and can result in the perpetrator being banned from this website and prosecution to the fullest extent of the law at the discretion of Thetotemlands.com.
  3. Thetotemlands.com will not be held responsible or liable for the actions of its users, as they concern the services we provide or outside them. Use of services provided by Thetotemlands.com is exclusively at the user's own risk.
  4. Thetotemlands.com is not obligated to display or transmit any message or artwork you submit to the site in any context.
  5. This Terms of Use contract is subject to change without notification or consent. In the event of a change communication with the user will be attempted, such as an announcement on our front page. It is the user's responsibility to stay informed about any changes to this Terms of Use contract.
  6. You must be 13 years or older to be a user of this site. This is in compliance with COPPA. By registering with Thetotemlands.com you are certifying that you are 13 years of age or older and Thetotemlands.com is not responsible for ascertaining the truth of this claim, or for a user falsifying this record.
  7. Thetotemlands.com is not responsible for any failure to communicate with the user for reasons including but not limited to the user's provided e-mail being invalid or protected by spam filters.
  8. Thetotemlands.com is not responsible for monitoring, reimbursing or moderating any user-to-user transactions, including but not limited to any form of currency or trade. Neither is Thetotemlands.com responsible for, or involved in, any such transaction, communication, arrangement, or otherwise taking place or discussed using the provided services.
  9. Thetotemlands.com is not responsible for the security, longevity, accessibility of any data on our servers, website, or database.
  10. Thetotemlands.com is not responsible for the continued provision of our services, whether free or paid, neither are we responsible for any interruption in the services provided.

II. Rules of Conduct

  1. Thetotemlands.com retains a team of administrators, also known as moderators. They are charged with the responsibility of enforcing this Terms of Use contract including but not limited to the chat, in the submitted artwork, on the forum, etc. Thetotemlands.com enforces these Terms by banning users from the site for any length of time including permanently, and the decision to do so is at their discretion. A warning may come before a ban, but is not required.
  2. Banned users may not create another account. Any account found to be in violation of this clause may be summarily deleted.
  3. The public rooms of Thetotemlands.com are held to a strict PG-13 standard of conduct as defined by Thetotemlands.com. Cursing, sexual content, and violence are to be kept to a minimum.
  4. Users may not harass other users. Harassment is defined as, but not limited to: cursing, name-calling, sexual harassment, racial slurs, stalking, begging, spam (movement or text), threats of any kind, proposals of suicide, the proposition of minors, solicitation of any sort, linking users to inappropriate conduct, etc.
  5. Thetotemlands.com is not responsible for any behavior or events that occur within a private room. However, the owner of the room, its occupants and owner-determined moderators are still subject to the general Thetotemlands.com Terms of Use at the discretion of Thetotemlands.com. A user enters a private room at their own risk.
  6. The owner of a private room may "rate" their room G - XXX; the owner of the room decides this rating, what it means, what is acceptable/unacceptable and is given the power and discretion to ban users from their room for not adhering to their rules. However, the administration of Thetotemlands.com cannot be banned from any private room or be prevented from enforcing the general Terms of Service contract at their discretion.

III. Privacy Policy

  1. We keep a record of all conversations conducted on the chat. The forum automatically keeps record of posts made and it is the user's prerogative to delete these items before deleting their account. Deleted posts may continue to be stored, but not accessible on the servers. We are not responsible for providing such records unless legally obligated.
  2. We do collect certain data about your computer when you use our site or submit a form to us via the Contact Us link, including but not limited to your operating system, IP address, browser, and browser edition, etc.
  3. We do not release any of this data collected to anyone other than the owners and administration of Thetotemlands.com unless legally obligated otherwise.
  4. All other user information is volunteered at the user's prerogative and Thetotemlands.com is not responsible for the privacy of this released information, including but not limited to any information the user places in their chat profile, forum profile, chat conversations, etc.
  5. Google, as a third party vendor, uses cookies to serve ads on this site.
  6. Google's use of the DART cookie enables it and its partners to serve ads to users of The Totemlands and other sites on the Internet
  7. Users may opt out of the use of the DART cookie by visting Google ad and content network privacy policy.

IV. Copyright and Submitted Items

  1. All original, standard, and default artwork, including but not limited to site images, room images, and user poses, on this site is copyright to Thetotemlands.com unless stated otherwise.
  2. All code, including but not limited to any and all CSS styling, javascript, php scripts, Flash, etc. is copyright to Thetotemlands.com unless stated otherwise.
  3. Any attempt to violate these copyrights, including but not limited to the posting of copyrighted artwork outside of this site, the downloading of the site's code, the de-compiling of the site's code, etc., will be treated as a breach of contract.
  4. Users are allowed to upload art for use on this site. In the event of an upload, all art is subject to approval/rejection by the site at any time, for any reason or as subject to our art policies, in detail here. The original artist/owner of the artwork retains their copyright on submitted work, and if the user is not the original creator/owner of the artwork the user must have expressed permission from the original creator/owner. Uploading artwork that does not comply with these rules will be treated as a breach of contract.
  5. Thetotemlands.com is not responsible for any copyright infringement that may occur on our site as a result of user uploads or other actions by the users. Neither is Thetotemlands.com responsible for any copyrighted material or material in breach of copyright linked to by users.
  6. By uploading artwork that complies with the rule IV.4 you grant Thetotemlands.com unrestricted permission to display the work on this websites and other websites owned, operated, or associated with Thetotemlands.com or its owners for purposes including but not limited to administration or advertisement not directly associated with profit. Any artwork that would be used for direct profit will require additional licensing from the original creator/owner of the artwork.
  7. Posting or linking to any material that infringes intellectual property law is prohibited.

V. Billing

  1. Thetotemlands.com is a site that users can register and use in full for free at this time. This is subject to change. In the event of an implemented billing plan, all users will be notified via their account's email, an announcement on the front page, and in the forum. In the event of this happening, all users will be downgraded to a "free trial" level in order to prevent a monetary charge of any sort.
  2. We do not currently collect any payment information, such as PayPal addresses or credit card information.
  3. Users are limited to three free accounts per person.