Elfwood Terms of Service (v2.0, 2007-10-12)
Elfwood Terms of Service v2.0 (2007-10-12)
By using the Elfwood.com web site ("Service"), a service of Elfwood AB, Sweden, you are agreeing to be bound by the following terms and conditions ("Terms of Service" or simply "TOS"):
The following describes the terms on which the Elfwood project offers you services. By pressing the accept button below (if present), you accept the terms and conditions below.
This Agreement provides the terms and conditions governing the use of Membership service at Elfwood.com; (http://www.elfwood.com/), hereafter referred to as the "Site." or "Elfwood". Membership on the Site provides registered Members (each a "Member") with a package of content and services. Elfwood may, at its discretion, add or delete features. By registering as a Member of our community, you agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below.
Price and Payment
Elfwood Membership content and services are available FREE of charge, exclusive of other Internet or other telecommunications fee.
Terms of Membership
Membership is available to both visitors and artists and writers who create material that is suitable within the Elfwood guidelines (See the Elfwood Review Board rules page for additional rules), who registers all required information, provides an accurate, legitimate and working electronic mail address, and obtains a unique Elfwood user profile ID and password.
Elfwood does not discriminate on the basis of gender, age, or ethnicity. Each art or story publishing Member is allowed to have only one Membership in each area (i.e the "Art", "FanArt" or "Wyvern's Library"), and the privileges associated with Membership. Any exceptions, including the use of one electronic mail address by multiple users, must be approved by Elfwood. Membership is intended for personal use only and is non-transferable. Membership is strictly individual.
Members must be at least 13 years old to join.
With regard to material you include and publish in an Elfwood public gallery, you grant a non-exclusive, world-wide, royalty free license for Elfwood to modify, publish and reproduce said material solely for the purpose of displaying it at the Site.
Please see the "Termination of Service" clause below for additional Membership information.
Member Guidelines
Elfwood provides member galleries for art and fiction, as a service to Members. We encourage the free exchange of ideas but have established the following parameters for any content placed on Elfwood:
Elfwood is not responsible for the content of any Member gallery, and the views expressed in the comment areas of the Site are the responsibility of the posting Member/User and not The Elfwood Project. Elfwood does not review art or fiction in any way before they appear on the Member area of the Site, although we sometimes browse through the material before posting it ('moderation' / 'accepting applications'). Elfwood reserves the right to remove any gallery, picture or story from the Site at any time.
Elfwood provides space for Member galleries but makes no implied or express warranties about the reliability of these galleries. Elfwood is not responsible for any damage caused by loss of access to, or deletion or alteration of Member gallery space; individual Members are responsible for monitoring and creating backups of their work.
Do not display material containing explicit pornographic material of any kind. Nudity in Art is hard to define, and the Elfwood staff keeps the right to reject any material they find unacceptable (in their opinion, and their judgement is final). Remember that children and grandparents from many cultures have access to these pages and our goal is to provide a forum to display creativity. We balance these issues and make judgements based on those criteria. If you are considerate of the audience you will probably never run into trouble on this point.
The following is a non-exclusive list of actions and content that are not permitted on the Site:
1. Any use of copyrighted material without the express permission of the author or owner. With specific regard to issues of software piracy, please see our Addendum to the Terms of Service, on each album page.
2. Any material that encroaches the rights of others, including clear expressions of bigotry, racism, or hatred.
3. Any material that is perceived by Elfwood or members of the Elfwood Community, as abusive, deceptive, profane, slanderous, offensive, or inappropriate, including explicit pornography.
4. Any use of material that contains viruses, corrupt files or other content which may compromise the Elfwood or any user thereof.
5. Any material that violates any laws or regulations of any governing body with jurisdiction over Elfwood, its affiliates and users.
6. Any materials inconsistent with the values of the spirit of the Elfwood community.
7. Adding links to your gallery that that promotes any of the above. Elfwood Member user profiles
Rules for Online Conduct:
The Elfwood comment boards and Message Boards.
By participating in any of the above services, the Member agrees not to include any electronic mail or postings ("Postings") that contain any of the following material in Elfwood comment boards or Message Boards:
1. Material that defames, abuses or threatens others.
2. Statements that are bigoted, hateful or racially offensive.
3. Material that advocates illegal activity.
4. Material that contains obscene content.
5. Advertising or any form of commercial solicitation.
Elfwood reserves the right to edit, delete, or move any Postings.
Privacy
Your privacy is important to us. Please take a moment to read through our Privacy Policy that will tell you a bit about how we handle the information you supply and what other information we collect.
General for all information submitted to Elfwood is that we will never release name or other personal information about a Member without the permission of that Member. We reserve the right to distribute aggregated demographic information provided by Members.
Information we collect
In the registration process you submit personal data. This is called “Personally Identifiable Information,” and could be for example your name, age, and e-mail address. From time to time in the future we may offer additional features, services, and promotional opportunities that would require you to submit Personally Identifiable Information to participate.
We also collect what is called “Anonymous Information”, exemplified by your IP address, the type of browser you use, the pages on our Sites that you have visited, and the advertisements that you have clicked on. WE DO NOT match your Personally Identifiable Information to your Anonymous Information. What you do and where you go is your business only. We use this aggregated information solely to be able to optimize the website based on how our visitors use it.
Cookies
Like many Internet sites, we also use “cookies”. We do this to better support services for registered users and to collect statistics on how our website is used. A cookie is a small data file that we transfer to your computer and is stored on your hard drive. When you visit our Site(s) the cookie identifies your computer to us so that you do not have to re-register each time you visit. We may also use cookies to measure the traffic to our Sites and the use of different services and features of the Sites. Advertisers that appear on Elfwood may place cookies on your computer and their use of the information stored on those cookies is subject to their own privacy policies. You should visit their sites to learn about their information practices. Advertisers or other companies do not have access to Elfwood cookies.
You can enable cookies in your browser. This might result in loss of some features on elfwood.com, for example logon for registered users. Please also note that other websites that uses cookies might not be able to perform its best with cookies turned off.
How to Enable Cookies
To enable cookies, follow the instructions below for the browser brand and version you are using.
Mozilla Firefox (1.0 final release and earlier) : Go to the "Tools" menu, Select "Options", Select the "Privacy" icon in the left panel, Check the box corresponding to "Allow sites to set cookies", Click "OK" to save changes.
Netscape 7.1/Mozilla 5.0 : Select "Preferences" from the Edit menu, Click on the arrow next to "Privacy & Security" in the scrolling window to expand, Under "Privacy & Security", select "Cookies.", Select "Enable all cookies", Click "OK".
Microsoft Internet Explorer 6.0+ : Select "Internet Options" from the Tools menu, Click on the "Privacy" tab, Click the "Default" button (or manually slide the bar down to "Medium") under "Settings", Click "OK".
Microsoft Internet Explorer 5.x : Select "Internet Options" from the Tools menu, Click on the "Security" tab, Click the "Custom Level" button, Scroll down to the "Cookies" section. To enable: Set "Allow cookies that are stored on your computer" to "Enable", Set "Allow per-session cookies" to "Enable". Click "OK".
Microsoft Internet Explorer 4.x: Select "Internet Options" from the View menu, Click on the "Advanced" tab, Scroll down to find "Cookies" within the "Security" section, To enable: Select "Always accept cookies". Click "OK".
Netscape Communicator 4.x: Select "Preferences" from the Edit menu. Find the "Cookies" section in the "Advanced" category. To enable: Select "Accept all cookies" (or "Enable all cookies"). Click "OK".
Password Security
The exchange between Elfwood and the Member of information such as passwords or electronic mail may not be secure given the current state of the Internet. Elfwood encourages Members to change their passwords frequently.
Communication
Postings and other communications with Elfwood are not private and may be published and edited at the discretion of Elfwood unless specifically instructed otherwise.
Contributions to Elfwood and Copyrighted Material
All material on the Site and presented at Elfwood, including, without limitation, text, pictures, stories, are protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by Elfwood or a third-party content provider is allowed by Members for personal use. Members may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise.
Any material protected by copyright may not be placed on the Site without the express permission of the author or owner of the copyright on that material. If Elfwood becomes aware of the presence of copyright infringing material on its server either in the course of its ordinary and reasonable business activities, or through notification by a third-party who alerts Elfwood, through an appropriate notice as required under Copyright Law, of the specific location of the alleged presence of such materials, The Elfwood Project will:
- Promptly take down or block access to the allegedly infringing material; and
- Contact the Member responsible for the gallery and alert him or her of the allegations of copyright infringement and of Elfwood's take down or blocking of the allegedly infringing material.
If Member believes that the removal or blocking of his or her material was a result of a mistake or a misidentification of the material, Member shall provide Elfwood a counter notification establishing the Member's rights to display the material in question, as well as any other information Elfwood shall request. Upon receipt, Elfwood will promptly forward the counter-notification to the party that claims to be the copyright owner. If that party then does not file suit to enjoin the alleged infringement, Elfwood will re-post or unblock the material within 10-30 business days.
Limitations of Liability and Warranty
The Member agrees that the use of the Site is entirely at the Member's own risk. The Site is provided on an "as is" basis without warranties of any kind, either expressed or implied. Furthermore, neither Elfwood nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with the Site.
The Member specifically agrees that Elfwood or third-party content providers are not liable for any conduct by Members associated with the Site, including, but not limited to, Member galleries, Member Profiles, surveys, or message boards.
Elfwood and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the Site and are not responsible for:
1. ...any errors or omissions arising from the use of such information;
2. ...any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or
3. losses or damages arising from the use of the content or services provided by the Site.
Indemnity
A Member agrees to indemnify Elfwood and any third-party information provider against any and all claims and expenses, including attorneys’ fees, arising from the Member’s use of the Site. This expressly includes:
1. Member’s responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and
2. any libelous or unlawful material contained within Member galleries, profiles, or Postings.
Termination of Service
Elfwood may terminate Membership and any and all information, communications, pictures, stories or galleries at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by Elfwood elsewhere on the Site. Elfwood may terminate Membership and delete any and all bios, information, communications, Postings, picturs, stories or galleries for online conduct that Elfwood believes is harmful to other Members or other third-party information providers.
Choice of Law
This Agreement shall be constructed and controlled by the laws of the Swedish government, without regard to its conflict of law provisions. The laws of Sweden will govern any dispute arising hereunder.
Merger Clause
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Elfwood representatives and the Member. Elfwood may amend this Agreement at any time with notice from Elfwood to the Member as published on the Site.
