What you may and may not do. Our "Terms of Use" Policy [ Back to Wizard Chat ] Wizard Chat is an online community and as with other communities there are rules to help this be an enjoyable experience for everyone. Use of Art Work and Intellectual Material Wizard Chat is owned by wunderwood LLC (also referred to in this policy as "we", "us" or "the company"). 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. On the Wizard Chat 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 WizardChat.com 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 Wizard Chat, 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. By submitting Artwork or copyrightable intellectual property to WizardChat.com, or by allowing others to do so, you hereby grant Wunderwood LLC an unrestricted license to display these works on this website and other websites owned or operated by Wunderwood LLC. This allows Wizard Chat 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. 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. WARNING: Your paid membership does not obligate Wizard Chat or Wunderwood LLC to 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. 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. Our team on Wizard Chat 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 Wizard Chat, you have agreed to not hold Wizard Chat 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 Wizard Chat Art Staff Team. 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 Wizard Chat 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 Wizard Chat, any new poses, rooms or other creative material will be rejected. The Artist/Owner recognizes that it is important to keep WizardChat.com and its team notified if they no longer wish to allow their artwork to appear on Wizard Chat. Definitions "Commercial Purposes" - Using artistic or other intellectual property to financially benefit Wizard Chat 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. WizardChat.com will not take a custom pose and resell it to another User. "Artist" - The person that originally created and thus probably, but not necessarily, owns the copyright to the work. "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). "User" - The person using Wizard Chat, or 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 Wizard Chat. "Administration" or "Team" - The employees or volunteers that work for WizardChat.com and/or Wunderwood LLC. "Wizard Chat" or "WizardChat.com" is the website owned by the limited liability corporation Wunderwood LLC. Art Definitions "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). "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. "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. "Modified Poses" or "mods" for short, are poses that are made from pre-existing poses. Whether they be from the Wizard Chat 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. "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 Wizard Chat and or other sites/chats. Any Artist has the right to impose limitations and conditions on the usage of their artwork. "Freebies" are made available for use by Users of Wizard Chat (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. "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 Wizard Chat Administration and Users that the material is Public Domain. No Refunds Subscriptions and other services on the Wizard Chat website are acquired by expending "Deltas". Deltas ( see Wizard Chat Deltas FAQ) are purchased from us using PayPal. All sales are final. You may choose to cancel your account on Wizard Chat at any time. Any credit remaining in your account is NON-REFUNDABLE. Deltas purchased for for Wizard Chat 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 Wizard Chat 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. You may transfer credit from one WizardChat.com account to another, but only if you have a valid e-mail address stored on WizardChat.com. 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. Privacy 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. You must be at least 13 years old in order to make use of Wizard Chat. 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 Wizard Chat website is not intended for children under the age of 13. Misuse WizardChat.com was created so you can chat with friends. Misuse includes harassing other users, using the messaging system to spam users, or to solicit illegal activities. We reserve the right to ban any user from the system for any reason. 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. 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. 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 Note: 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. Changes to the Terms and Conditions 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 Wizard Chat members by way of a splash screen or with an update on the Wizard Chat 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. IMPORTANT DISCLAIMER NO WARRANTY. THE WIZARD CHATWEBSITE 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. [ Back to Wizard Chat ] Thanks, Katanya, for helping with this new layout!