- “We”, “Us”, “Our”, “Gavist”, and “Gavist Media” shall refer to Gavist Media LLC.
“You”, “Your”, “Member”, and “User” shall refer to the user accessing a site owned or operated by Gavist Media LLC.
“ToS”, “Terms”, “Agreement”, and “Terms of Service” shall refer to this document.
“Site”, “Sites”, “Website”, and “Service” shall refer to the websites owned and operated by Gavist as outlined in Section 2.
These Terms apply to the following Gavist Sites:
3. Legal Agreement
Gavist Media LLC is the owner of the Sites mentioned in Section 2 of this Agreement. By using the Sites you agree to be bound to the terms and conditions set forth herein. Your continued use of the Sites shall constitute acceptance of these Terms as stated or amended. Gavist Media LLC reserves the right to modify the Agreement at any time with or without notice to you. You represent by implied or explicit acceptance of these terms that you have the legal capacity to enter into this binding Agreement.
4. Accounts and Eligibility
Gavist Media LLC, in accordance with the Children’s Online Privacy Protection Act (COPPA), will not knowingly collect any personally identifiable information from children under 13 years of age. You must be at least 13 years of age to register an account on the Site. If through investigation we learn that a child under 13 years of age has created an account we will immediately suspend access to that account and remove all personal information from the account. Gavist Media reserves the right to refuse or terminate service at any time for any reason.
5. Account Security
You are ultimately and completely responsible for the security of your account. You are liable for all actions on the Site performed by your account. Gavist Media and its staff will never ask you for your password and you should never share it with any other user. If you are asked for your password by any user – even if they claim to be an employee of Gavist or Site staff, please report it to Site management. By creating an account you agree to indemnify and hold Gavist Media harmless for any improper use of your account including, but not limited to, improper or illegal use of your account by someone to whom you’ve revealed your account information.
6. Forum Rules
The Sites use forum software to provide a collaboration environment for users. All users have the responsibility to adhere to these rules at all time. Failure to abide by these rules may result in suspension or termination of your account at our sole discretion. Depending upon the severity of the infraction we may opt to restrict access based upon IP address(es).
- Please don’t spam. Spam rules are enforced in all forums except guild and random forums. This includes, but is not limited to:
- Posting a thread in the wrong section. Please read forum descriptions before you post.
- Use of excessive punctuation marks in titles/posts (i.e. ????? or !!!!!!!) or SCREAMING BY POSTING IN ALL CAPS is not allowed. These practices annoy others.
- Multiple threads. Please do not create multiple copies of threads to draw attention to them.
- Double posting. With the exception of market threads, please do not create multiple posts in succession for the same thread. Use the “Edit” button when it is available.
- Incomplete title. Please use descriptive and accurate thread titles – especially in Questions or Tech Support forums.
- Bumping/Necro posting. Replying to threads older than two weeks is generally prohibited unless the post adds value to the discussion.
- Going off topic. Please remain on topic in threads. Posting just for the sake of posting is considered spam. If you wish to engage a different conversation please use the Private Message system or create a new thread.
Please respect others. Most of the forum rules can be summed up with “give others the same respect you wish to be given.
- Plagiarism. Plagiarism will not be tolerated on any of our Sites. This is mainly in reference to guides posted on the Sites; guides are copyrighted works. If a guide author contacts us with a substantiated claim that your guide was copied, in whole or in part, we will remove the guide or other content. This rule does not cover copyright infringement, please see the section titled DMCA Compliance for copyright rules.
- Please don’t insult, degrade, flame, or otherwise intentionally seek to offend other members. If you post screenshots from game conversations and the screenshot has the potential to offend please censor the names. This includes posting “hacker”, “scammer”, or other “blacklist” accusations without solid proof. Instigation of fights will also meet with administrative action.
- Degradation of image. Trolling, flaming, or instigating fights in other communities outside the Sites is not allowed. This includes game “raids”, raiding other forums, or any negative publicity brought by using one of our Site names in such a manner that would bring discredit upon our communities.
- Staff Interaction. The staff of the Website, whether employees of Gavist Media LLC or community staff members, have been appointed their positions for a reason. Please respect them as you would any other member.
- Disputing infractions in a thread, post, visitor message, or any other public medium is not allowed. Please resolve all conflicts regarding moderator/administrative action through private messages. If you have an issue with a moderator please escalate it to an administrator. If your issue is with an administrator please escalate it to Site management.
- Disrespect of authority. Flaming a staff member will carry a more severe penalty than flaming other members. The staff was appointed to do a job – not be your friend. If you feel that a staff member is acting unprofessionally or biased you may report this, in private, to Site management.
- Frivolous Reports. Reported posts take time to investigate and therefore should be taken seriously. If you feel a post is in violation of the rules then please report it to Site staff. Please do not, however, report posts in lieu of replying to threads or for any other than rule violations/moderator action requests. A report to stick a thread is valid; a report to tell someone “hi” is not.
- Follow all instructions and directions from staff members.
Appropriate Content. In general, the Site is rated PG-13. Since we do not allow registrations from users under 13 we do not take their presence into consideration but please be cognizant of the fact that users under 13 may browse the Site unregistered. If content is questionable in nature but deemed “legal” by site rules please keep it to marked profile albums.
- Avatars. Please use appropriate avatars. Avatars should not be over 256 KB in size or have excessively annoying animations.
- Signatures. Signatures are limited by the forum software to 200 pixels in height. Please do not use signatures that attempt to stretch the boards horizontally or bypass the vertical height restriction. Signatures must follow all other rules of appropriate content. Signature images must not exceed 250 KB in size.
- Language. The fact that a word is or is not filtered by the language filter does not immediately mean it is acceptable for use on the Site. Attempts to bypass the language filter by shortening, censoring one character of, replacing letters with numbers in, or intentionally misspelling words is not allowed.
- You may not threaten, harass, or cause other Users distress or draw unwanted attention to other Users. You may not use any language that may be construed as racist, sexist, or otherwise hateful towards another User based upon their race, color, gender, religious beliefs, physical or mental disabilities, ancestry, age, place of origin, family status, or sexual orientation.
- Content of a sexual nature will not be tolerated. No images containing bare female breasts, male or female genitalia, or explicit sexual acts will be tolerated. If the images are photographs that a reasonable person could discern as a human being these will be considered pornography and the User will be banned. If the images are not photographic in nature they will be treated as inappropriate content. No discussion describing explicit sexual acts will be tolerated.
- You may not market, promote, advertise, or solicit through the Site other than in the designated market forums. “Referral” links for services such as PrizeRebel are considered advertisements and are not allowed. Tasteful links to off-topic sites may be used in your forum signature as long as they are not in excess and are not referral links.
- Scamming or hacking discussion is not allowed. This includes links to “hack” sites, description of how to recreate specific glitches or otherwise modify clients in such a manner inconsistent with the individual games ToS. While we are neither owned nor operated by the game publishers, we do maintain business relationships with some and do not wish to become a haven for this type of activity.
- Threads in “screenshot” forums must begin with a screenshot. Threads in “video” forums must begin with a video.
- Uploading any attachment that is found to contain a virus, Trojan horse, spyware, malware, or any other software/scripts that adversely affects one or more user’s computer system is not allowed.
Market rules. Most of the Sites carry an in-game market forum. These rules apply to these market forums.
- Sellers must include an in-game name (IGN). This may be accomplished through the user info near the avatar, the signature, or explicitly in the selling post.
- Trading of real currency is not allowed. We do not permit any type of trading that involves real money for game currency, game items, account sales, or for other financial profit to one or both parties.
- Account sales/trades are not allowed if such trades violate the Terms of Service for the game to which they apply.
- “Powerleveling” services are allowed provided they are paid by only in-game currency or items and do not violate the Terms of Service for the game to which they apply.
- All Selling (S>) threads must include: Name of the item, an absolute price for the item, and the seller’s IGN/server/channel for contact.
- All Auction (A>) threads must include: Name of item, starting bid (S/B) price, minimum increase (M/I), and an absolute end time. The maximum amount of time for an auction is 96 hours from the time the auction is posted. Items on auction may not be vended in game unless they are vended at their auto-win price (A/W), if any. Auctioning the same item in multiple forums is not allowed.
- All Buying (B>) threads must include: Name of item, buyer’s offer, and buyer’s IGN/server/channel for contact.
- Editing of posts is not allowed in the market section to reduce the risk of scamming. This includes using an image for your item list hosted on a 3rd party website.
- Gavist Media LLC is not responsible for market transactions. It is your responsibility to check the seller/buyer’s iTrader rating before completing a transaction. Please leave appropriate iTrader feedback on the seller/buyer to better assist others in making informed decisions. Gavist assumes no liability for trades conducted on our Sites or Services.
- Limited “cash shop” trading is allowed. Specific rules regarding these trades are based upon the individual games’ Terms of Service documents. In general, selling “cash points” is not allowed; you must offer specific items or nothing at all. You may not use our market forums to trade for real currency. If cash shop trades, in any capacity, are not allowed by a game’s Terms of Service then it is not allowed in our market forum. Gavist assumes no liability if your account is banned due to a fraudulent or illegal cash shop trade.
- If the Site has an arcade, hacking or attempting to hack the arcade is not allowed. Attempts at hacking or otherwise modifying arcade scores will result in removal of all your scores from the arcade and administrative action.
- You may not attempt to exploit any bug, feature, or design within the Site. You will report any exploits discovered to Site management, in private, immediately upon discovery. Non-security related bugs must be reported in the appropriate “bugs” forums.
- You may not create multiple account on the Site. If more than one account will be sharing your IP address (family members, shared gateways, etc.) it is your responsibility to notify Site staff before action is taken against the account. Notification after action has been taken against the affected accounts shall be considered frivolous.
7. Wiki Rules
Some of the Sites may contain Wiki informational databases. Use of the Site’s wikis is subject to the following rules.
- Intelllectual property. Content that violates intellectual property ownership will not be tolerated. All images and content uploaded must be uploaded by permission, under your copyright ownership, or under “fair use” as described by 17 U.S.C. Chapter 1 § 107. Any reports regarding copyright infringement must be submitted in accordance with the DMCA Compliance section of these Terms.
- Advertisements in any form will not be tolerated. External links are allowed in your User page on the wiki but the wiki is not a collection of links. Links deemed to be advertising in nature will be removed.
- Vandalism. Inserting false or misleading information or vandalizing pages will not be tolerated. Vandalism may result in termination of your account and/or IP address blocks at the sole discretion of the Site staff.
- Copying content/proxies. Due to the immense amount of “wiki copying” incidents we’ve had, unregistered users are barred from viewing page wiki code. If you want to view a page’s source you must register an account and log in. While information contained in a wiki is public domain, direct copying of content to include formatting, colors, arrangement, and presentation will not be tolerated. Furthermore, access from behind an “anonymizer” or proxy is not allowed. If you are found to be accessing the wiki from behind a proxy your account will be terminated and the proxy’s IP address blocked.
8. Administrative Action
Gavist may, at its sole discretion, issue warnings, infractions, or temporary/permanent suspensions of your account for any reason or no reason. If you feel your account has been banned unjustly you may contact Gavist Media at http://www.gavist.com/. Please provide all evidence surrounding your claim and it will be investigated. Additionally, Gavist Media, at its sole discretion, may block any IP address or range of IP addresses for any reason including, but not limited to, excessive harassment, attacks or attempted attacks against the Site or Service, or theft of intellectual property.
9. DMCA Compliance
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe your copyrighted work has been used on our Site in a way that constitutes copyright infringement please promptly our Copyright Agent with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- A description of the copyrighted work that you claim has been infringed or a list of works. (This means your content that you’re claiming someone on our site stole). Please be advised that you will be held liable for damages (including attorney fees, costs, and court fees) if you misrepresent your identity or your claimed copyrighted work.
- A description of the material you claim is infringing and an exact URL to the disputed content. Please note that we will only take action for substantiated copyright claims on files/content hosted by one of our Sites. If the infringing material is hosted by a 3rd party website (i.e. Photobucket or Imageshack) you will need to contact the 3rd party site’s Copyright Agent as Gavist has no control over content hosted outside our servers.
- Your legal name (please do not use internet pseudonyms such as “animegirl” or “pokemonlover”), your mailing address, telephone number, and email address.
- A statement by you that you have belief that the disputed use is not authorized by the copyright owner, copyright owner’s agent, or under “Fair Use” as defined by 17 U.S.C. Chapter 1 § 107.
- A statement by you, under penalty of perjury, that the information in your communication is accurate and you are the copyright owner or are legally authorized to act on behalf of the copyright owner.
Please submit your communication to our Copyright Agent at http://www.gavist.com/company/contact/copyright.html or mail to:
Gavist Media LLC
Attn: Copyright Agent
1536 Kerley Drive #350
San Jose, CA 95112
Please note that Gavist Media LLC will not act upon incomplete or illegal requests.
10. Disclosure of Information
There may be periods of time that the Site is inaccessible due to scheduled or unscheduled maintenance, network outages, hardware failure, acts of God, war, terrorism, riots, embargoes, military action, fire, floods, or other means beyond our control. Gavist Media shall not be responsible for any damages arising from inability to access the Sites.
Some hyperlinks on the Sites may lead to third party sites that are neither owned nor operated by Gavist Media. Gavist does not endorse third party linked sites and is not responsible for their content. Furthermore, unless otherwise stated, Gavist has no association with the owners or operators of such sites. Be advised that these sites may have different policies. We strongly encourage you to review these sites’ terms of service and privacy policies.
THE SITE, SERVICES, AND ALL OTHER RELATED SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GAVIST MEDIA LLC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GAVIST MEDIA LLC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF GAVIST MEDIA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM GAVIST MEDIA, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Gavist Media LLC, its affiliates, and each or their directors, officers, agents, contractors, partners, and employees harmless from and against any liability, claim, loss, expense (including reasonable attorney’s fees), or damage resulting from your failure to comply with this Agreement, user submitted content to the Sites, or your use of the Sites.
14. Governing Law
This agreement is governed by the laws of the State of California and the United States of America without regard to conflict of laws. You and Gavist Media agree to submit to the exclusive jurisdiction of the state or federal courts in Santa Clara County, California. Notwithstanding the foregoing, you agree that Gavist Media shall be allowed to apply for injunctive remedies in any jurisdiction.
15. Enforceability and Continuum
If any provision in this Agreement shall be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the Agreement of a whole shall prevail. This agreement may be modified at any time by Gavist Media LLC with or without prior notice to you. Your continued use of the Sites shall constitute acceptance of this agreement, as amended or altered.