Gaia Online Terms of Service/Apr 2004

GAIA Online Terms of Service
Welcome to GAIA Online. (http://www.go-gaia.com) The following Terms of Service (henceforth referred to as TOS), which may be updated at any time without notice to you, outlines the Service agreement between GAIA Online and you - also referred to as the "User". You can review the most current version of the TOS at any time at: http://www.go-gaia.com/tos.php. When using the GAIA Online services - referred to as the "Service", you and GAIA Online shall be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules - including those for, but not limited to our Forums, Personals, Link Lists and Art Arena - are hereby incorporated by reference into the TOS. We expect you to abide by these rules. Failure to comply may result in the deletion of the User's account and/or termination of Service.
 * I. ACCEPTANCE OF TERMS

Throughout your GAIA Online Experience, the User accumulates points henceforth referred to as "Gold". Gold is the virtual currency used in the world of GAIA Online and it may be used to purchase virtual goods which are stored in the User's inventory and can be used to enhance the look of the User's on-line persona or player, also known as an "Avatar". The virtual world or "GAIA Online Experience" contains, but is not limited to, forums for chatting with other Users and exchanging information; the Art Arena for displaying, rating and critiquing artwork; a personals ads section; and on-line resources as well as other site material, collectively known as "Content". Any new improvements and features that are added to the site are also covered in the TOS. All of these features are provided to the User under the condition that said User understands and agrees that the Service is provided "AS-IS" on a good-faith basis.
 * II. DESCRIPTION OF SERVICE

In consideration of your use of the Service, GAIA Online assumes that the User understands what is expected in terms of code of conduct, as outlined in the TOS. The only registration requirement for GAIA Online is a valid e-mail address at the time of registration. The User is prompted for a password. No other information is required or collected. E-mail information is neither disseminated nor used outside the scope of GAIA Online.
 * III. USER REGISTRATION AND PRIVACY POLICY

The User is responsible for the confidentiality of his/her account and may be held responsible for any or all activities that occur through his/her GAIA Online identity. Should your User password become compromised, you are responsible for immediately notifying GAIA Online. Furthermore, we recommend that Users exit from their accounts at the end of each session for we cannot and will not be liable for any alteration one's Avatar, misrepresentation of a User's identity, loss of Gold and/or loss of inventory arising from such an eventuality.
 * IV. PASSWORD AND SECURITY

We recognize the global nature of the Internet. Users visiting GAIA Online from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable Content. Furthermore, 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.
 * V. SPECIAL ADMONITIONS FOR INTERNATIONAL USERS

As a rule - all information: textual, graphical, photographic, generally defined as "Content" that is not part of the core GAIA Online website - whether publically posted or privately transmitted - is the sole responsibility of the person from which such Content originated. This means that the User, and not GAIA Online, is entirely responsible for his/her Content. This includes but is not limited to uploads, posts, emails, graphics, links or photographs. GAIA Online does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Though we try to make the User's experience a pleasant one, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GAIA Online be liable in any way for any Content - including but not limited to - errors, omissions in Content; loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Having said that, we do have guidelines that we expect our Users to follow. We urge our Users to keep the Content of the Forums and the Art Arena to a PG-13 level. Exceptions to this rule are made on a case-by-case basis to allow for artistic creativity and freedom of speech. These guidelines are enforced by moderators and administrators in each Forum and in the Art Arena. All judgement calls where the acceptability of Content comes into question are decided by the aforementioned moderators/administrators and may be subject to removal if found to be inappropriate or contrary to the ideals and rules put forth by GAIA Online. The failure of GAIA Online to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
 * VI. CODE OF CONDUCT


 * While using the GAIA Online Experience, the User may not:


 * 1) upload, post, email, graphically portray, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist or otherwise objectionable.
 * 2) Promote the idea of, or directly harm minors in any way.
 * 3) Impersonate any person or entity, including, but not limited to, GAIA Online officials, Forum moderators, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
 * 4) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service - otherwise known as "Spoofing".
 * 5) Upload, post, email, transmit or otherwise make available any Content that you do not have the rights to.
 * 6) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "chain letters," "pyramid schemes," or any other form of solicitation.
 * 7) Upload, post, email, transmit, link-to or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
 * 8) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges.
 * 9) Interfere with or disrupt the Service, servers or networks connected to the Service, or disobey any requirements, procedures, policies and/or regulations of networks connected to the Service.
 * 10) Intentially posting inflamatory statements to get responses - otherwise known as "Trolling".
 * 11) Verbally abuse or harrass other GAIA Online Users on a persistent basis - otherwise known as "Stalking".
 * 12) Collect or store personal data from other GAIA Online Users.
 * 13) Make any threats - real or otherwise - of any sort regarding other Users or the GAIA Online Service.
 * 14) Promote the harm of an individual, group, or institution.

Failure to follow these rules may result in disciplinary action and/or termination of your GAIA Online account.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of GAIA Online including, but not limited to your GAIA Online User ID. You are not allowed to reproduce any portions of the GAIA Online website outside of the scope of the GAIA Online Experience without prior consent from the creators of GAIA Online.
 * VII. NO RESALE OR REPRODUCTION OF SERVICE(S)

You agree that GAIA Online may, under certain circumstances and without prior notice, terminate your GAIA Online account and any associated information pertaining the User. Causes for such termination include but are not be limited to:
 * VIII. TERMINATION


 * 1) Breaches or violations of the TOS or other incorporated agreements or guidelines.
 * 2) A request on the part of a parent or guardian, if the User is under 18 years of age.
 * 3) A request on the part of a law enforcement or other government agency.
 * 4) A request initiated by you, the User.
 * 5) Unexpected technical or security issues.
 * 6) Use of fraudulent funds to make donations.

Upon termination of the User's account, all Content contained therein: Avatar, Gold, items, and other features provided by the site and which are not explicitly covered in the TOS will be permanently deleted. GAIA Online reserves the right to deny Service to a former User.

You expressly understand and agree that:
 * IX. DISCLAIMER OF WARRANTIES


 * 1) The Service is provided "As Is" and GAIA Online makes no warranties - expressed or implied - of any kind. You use the Service at your own risk. Furthermore, it should be noted, that GAIA Online assumes no responsibility for the accidental or circumstantial loss of inventory items, Gold, Avatars, lost communications, missed events or loss of personalization of a User's account for ANY reason.
 * 2) GAIA Online makes no implication of warranty that the Service will be error-free, timely, secure or uninterrupted.
 * 3) Any material downloaded or exposed to through your GAIA Online Experience is done at the User's risk and discretion. In addition, GAIA Online is not responsible for the Content of any links posted by any User on any of its Forums, link databases or any part of the website.
 * 4) No verbal or written agreement NOT implicitly stated in the TOS constitutes a warranty of any kind. This includes but is not limited to posts and e-mails.

You expressly understand and agree that GAIA Online will not be liable to the User for any direct, indirect or incidental damage as the result of using the GAIA Online Service - such as missing school, work, or any other intangible loss that we cannot foresee but might arise as the result of using the Service. Furthermore we cannot be held accountable for any psychological addiction that the User might develop as the result of using said Service. Additionally, you agree to indemnify and hold GAIA Online a subsidiary of GAIA Interactive, its officers, agents - including administrators, moderators and employees - harmless from any claim or demand made by GAIA Online or any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your violation of the TOS, or a violation of any rights of another.
 * X. LIMITATION OF LIABILITY

External link

 * http://web.archive.org/web/20040401160806/http://www.go-gaia.com/tos.php