- ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
3D Commune is operated under the Terms Of Service contained in this document
(referred to as "Terms Of Service"). By completing the registration, sign-up
form, and/or by the use of this site, you are indicating your agreement to
be bound by all of the terms and conditions set forth below.
- DESCRIPTION OF SERVICE
3DCommune is providing the 2D and 3D graphics community with the ability to
communicate and collaborate through this site. Its Members can share personally
created graphics, ideas and knowledge, and keep in contact with each other
through the 3D Commune Mail and the Quickie Messaging System.
- MEMBER OBLIGATIONS
You are entitled to 1 (one) Free membership at 3DCommune.
You are solely responsible for the content of information you publish or display ("post") on the site or transmit to other Members.
You will not post or transmit to other Members or to any Forums, Galleries, or any other portion of the site any item that is illegal, defamatory, inaccurate, abusive, obscene, profane, offensive due to sexual orientation, threatening, harassing, racially or religiously offensive, or any material that infringes or violates another's rights (including but not limited to intellectual property rights and rights of privacy and publicity).
Posting of nude photographs is strictly prohibited in the Forums. Posting of nude or violent artwork in the Forums or Galleries must be clearly marked using the 'Nudity', 'Violence' or 'Both' flags. Thumbnails for such images may not show the nudity of violence involved in the image. 3D Commune reserves the right to replace such thumbnails with a generic thumbnail of their own design or delete. Personal attacks on current or past members, vendors, administrators, moderators, or other web sites is strictly prohibited. 3D Commune reserves the right to reject any "items" it deems unacceptable. You will not be involved in transmitting or posting any junk email or copyrighted material(s).
All 3D Commune Vendors have the right to post announcements of their products that are for sale in the 3D Commune Online Store in the public forums as long as in doing so it does not constitute spamming of the forums or interfere with other Members rights to enjoy and use the forums.
Any activity which results in a denial of service to other Members such as using off-line readers to cache the entire site is prohibited.
Please use a valid ISP based email for new account creation! Use of Free email services are no longer allowed for new member sign up unless special arrangements are made. Click Contact Admins, under Help and More on the Main menu.
Any member found to be impersonating a 3D Commune Moderator or Admin will have their service terminated without notice.
Usage of 3D Commune must be consistent with all applicable state and federal laws and regulations in your area.
- GALLERY - FORUM CONDUCT
BDSM/Fetish/Pornographic/Hardcore and or violent graphic mature content in any posting is NOT allowed anywhere on the site. Artwork depicting adult intimacy is acceptable provided penetration or graphic sexual arousal is not shown. No images depicting masturbation, erection, group sex, use of sexual 'toys', are allowed and will be removed without notice.
PHOTOGRAPHERS Please Note: Posting of Nude, BDSM/Fetish, soft porn, or images demeaning to other parties are NOT allowed in the Photography Gallery. Such images will be removed without notice.
CG artwork using BDSM/Fetish clothing & accessories utilizing tasteful imagery are acceptable, as long as no depictions of a fetish act are shown.
No nude artwork, animations or photographs of children under the age of 18 will be allowed anywhere on the site, however, artwork showing babies in a non sexual setting will be allowed, provided there is no showing of genitalia.
Posting photographs, animations, or artwork of copyrighted materials, other than your own, will not be allowed. Artwork, animations or photographs that violate any of the above restrictions will be deleted without notice.
Nudity or acts of violence are not allowed in any thumbnail image at all. Sheer clothing is considered nudity. Crop your thumbnail image, if necessary, so it may be viewed by by the widest audience possible.
Nudity and Violence filters must be enabled for all applicable images in the upload dialog box when the large image depicts either or both.
The 3D Commune staff will review any apparent violations of these rules on a case by case basis. Decisions made by the owners, and staff of 3D Commune regarding these issues are final.
- GALLERY TOS
Use of Nude Thumbnails in any gallery (including obscured, blurred, or censor blocks) is prohibited.
The Thumbnail images must not depict nudity or any acts of violence at ALL.
Tags must be used where required.
Obscene language is not allowed in titles, comments or on imagery.
Members in violation of TOS will receive a warning letter on the first incident only.
On the 2nd and 3rd violations the images will be deleted without notice or letter.
It is up to members to keep track of their violations.
3 TOS violations of the types above carry the penalty of suspension for 30 days.
After the 30 day period has passed the member may resume uploading to the galleries.
Any further violations will result in termination of membership at 3D Commune.
Blatant TOS violations in any image will be deleted immediately, without notice, and will result
in a 60 day suspension and the member considered for permanent removal from membership by Senior Administration.
- FORUM-GALLERY ADVERTISING
Advertisement of non 3DC exclusive products, Off site products and offsite online stores require prior approval from the 3DCommune staff and administration.
This is not limited to posting of exclusive/Offsite products in the galleries and forums for the sole purpose of advertising said product.
You may not use 3DC Forums, Galleries, Site Mail or any 3DC Service to promote or advertise product.
If you do wish to advertise or become a merchant at 3DC contact 3d@3dcommune.com
Crediting the artist by name in your comment area is fine, not the online store where it was purchased.
We thank all the generous people who provide free items to the community and mention in credits (by creator name) is welcome.
Please do not post URLs to offline stores. If you have information to share please post in the appropriate forum where other members can benefit.
Posts made and considered to be advertisements for Offsite Exclusives and/or Offsite products will be either removed or the member will be asked to edit their credits.
- ELECTRONIC DISTRIBUTION OF ADULT LINKS
3D Commune does not permit linking to adult or sites with damaging or malicious content.
This is extended to member profiles with a web link entered in your profile, posts in the forums, galleries, freestuff, tutorials, or any section of the site, including but not limited to chat room, site mails, quickies or any electronic form of distribution of links.
Transmitting links to adult\damaging material through the 3D Commune site or to its members will result in termination of your membership.
- MEMBER RECOURSE
Members found to be in violation of these Terms of Service will be notified
by 3D Commune mail of their first violation. Failure to cure the problem or behavior
can result in their account being closed. This means that
they will be unable to access the site under their current username and will
be unable to re-register with their current email address.
- SOLICITATION/TRADING OF ILLEGAL SOFTWARE
Members will not engage in the solicitation or trading of illegal software.
Such requests or postings will immediately be deleted by 3D Commune. Continued
postings by a Member of this nature will result in the Member being banned.
Please see Item 4 above. 3D Commune maintains a zero tolerance policy towards
the solicitation or trading of illegal software through its Forums, mail and
instant messaging system.
- COPYRIGHT
It is 3DCommune's policy to protect the copyright of all members posting material
to this site. Any material posted to 3DCommune remains the property of the poster,
and they retain all copyrights. By posting to 3DCommune, the poster warrants that
they are the copyright holder, or have permission or license to redistribute the
material. No further distribution is allowed without the express consent of the
poster.
If at any time the copyright of a posting is called into question, the poster will
be notified of the challenge. If this challenge is made by the original creator of
the material, it will be removed as quickly as is reasonably possible. If made by
a third party, the poster will be given 48 hours to assert their right to post the
material. If no response is received within 48 hours, the posting will be removed
from the site until such time as the poster provides sufficient evidence that they
have been granted rights to reproduce the material in question. Repeated posting
of material that infringes on someone else's copyright may result in termination
of membership at 3DCommune.
Specific questions with regard to this policy or other copyright matters may be posed
at the Copyright Forum or contact 3DCommune at 3d@3dcommune.com. You can also obtain further information about copyrights at
http://www.copyright.gov/faq.html. If you wish to pursue legal action regarding a
specific case of copyright infringement, we advise that you seek legal counsel.
- MODIFICATIONS TO TERMS OF SERVICE
3D Commune may change the Terms Of Service of service from time to time. It
is your responsibility to check this document periodically for any changes
or modifications as there will be no individual notices to Members regarding
such changes or modifications. Your continued use of the Service constitutes
an affirmative acknowledgment by you of the Terms Of Service and any subsequent
modifications made to them and your agreement to abide and be bound by them.
- DISCLAIMER OF WARRANTIES
Member expressly acknowledges and agrees that use of the service is at member's
sole risk and that the service is provided on an "as is" and "as available"
basis. 3D Commune expressly disclaims all warranties of any kind, whether expressed
or implied, including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. 3D Commune makes no
warranty that the service will meet Member's requirements, or that the service
will be uninterrupted, timely, secure, or error free. 3D Commune makes no
guarantees as to the results that may be obtained from the use of the service
or the accuracy or reliability of any information obtained through the service
or that defects in the software will be corrected. Member understands and
agrees that any material and/or data downloaded or otherwise obtained through
the use of the service is at Member's own risk and Member is solely responsible
for any damage to Member's computer system or loss of data that results from
the download of such material and/or data. 3D Commune makes no warranty regarding
any goods or services purchased or obtained through the service or any transactions
entered into through the service. No advice or information, whether oral or
written, obtained by Member from 3D Commune or through the service shall create
any warranty not expressly made herein. Some jurisdictions do not allow the
exclusion of certain warranties, therefore some of the above exclusions may
not apply to you.
- LIMITATION OF LIABILITY
3D Commune shall not be liable for any direct, indirect, incidental, special
or consequential damages, resulting from the use or the inability to use the
service or for cost of procurement of substitute goods and services or resulting
from any goods or services purchased or obtained or messages received or transactions
entered into through the service or resulting from unauthorized access to
or alteration of Member's transmissions or data, including but not limited
to, damages for loss of profits, use, data or other intangible, even if 3D
Commune has been advised of the possibility of such damages. Some jurisdictions
do not allow the limitation or exclusion of liability for incidental or consequential
damages so some of the above limitations may not apply to you. 3D Commune
shall not be held responsible for any messages received by Member, regardless
of their content.
- MEMBER CONDUCT
This is a privately owned site and service, what you receive here is freely given.
Please keep this fact in mind and treat the site, members and volunteers accordingly.
You are solely responsible for the contents of your transmissions through
the Service. Your use of the Service is subject to all applicable local, state,
national and international laws and regulations. Therefore, you agree: (1)
to comply with all applicable United States laws regarding the transmission
of technical data exported from the U.S. through the Service; (2) that you
shall not use the Service for illegal purposes; (3) that you shall not interfere
or disrupt networks connected to the Service; and (4) that you shall comply
with all regulations, policies and procedures of networks connected to the
Service. The Service makes use of the Internet to send and receive certain
messages; therefore, your conduct is subject to Internet regulations, policies
and procedures. Members may not use the Service to send chain letters, junk
mail or spam (unsolicited bulk email) or to communicate with any person who
has not given specific permission to be included in such communications. In
addition, you may not transmit or post through the Service any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature. You further agree not to transmit or post
any material that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local, state,
national or international law or regulation. Attempts to gain unauthorized
access to other computer systems are prohibited. Members may not interfere
with another Member's use and enjoyment of the Service or another entity's
use and enjoyment of similar services. 3D Commune may, at its sole discretion,
immediately terminate Service should Member's conduct fail to conform with
these Terms Of Service. 3D Commune reserves the right to terminate any inactive
or expired account.
- INDEMNIFICATION
You agree to indemnify and hold 3D Commune, its officers, directors, employees,
volunteers, subsidiaries, affiliates, successors and assigns, harmless from
any third party claim or demand, including reasonable attorneys' fees, made
in connection with or arising out of your use of the Service, your violation
of the Terms Of Service, or the infringement by you, or other users of the
Service using your membership, of any intellectual property, right of privacy
or publicity, or other right of any person or entity.
- TERMINATION/CANCELLATION
3D Commune may terminate the Service with or without cause at any time and
effective immediately. 3D Commune shall not be liable to you or any third
party for termination of Service. Should Member object to any Terms Of Service
of this service or any subsequent modifications thereto or become dissatisfied
with the Service in any way, your sole and exclusive recourse is to immediately
discontinue your use of the Service; cancel your membership; and notify 3D
Commune of your cancellation. Upon termination of the Service, your right
to use the Service and Software immediately ceases and you shall have no right
and 3D Commune shall have no obligation thereafter to forward any unread or
unsent messages to Member or any third party.
- NOTICE
Except as otherwise indicated herein, all notices to you from 3D Commune or
from you to 3DCommune shall be in writing and shall be made via 3D Commune
mail. 3D Commune may post notices or messages through the Service to inform
Members of changes to the Service, or the Terms Of Service of service, or
other matters of importance; such postings shall constitute sufficient written
notice to Member.
- LAWS
This Terms Of Service agreement shall be governed by and construed in accordance
with the laws of the United States of America, excluding its conflict of law
provisions. Both Member and 3D Commune agree to submit to the exclusive jurisdiction
of the courts of the United States of America. If any provision(s) of these
Terms Of Service are held by a court of competent jurisdiction to be contrary
to law, then such provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties with the other provisions remaining
in full force and effect. 3D Commune's failure to exercise or enforce any
right or provision of the Terms Of Service shall not constitute a waiver of
such right or provision unless acknowledged and agreed to by 3D Commune in
writing. Member and 3D Commune agree that any cause of action arising out
of or related to this Service must commence within one (1) year after the
cause of action arose; otherwise, such cause of action is permanently barred.
By agreeing to these Terms Of Service you certify that all information you
supply to this service is true and correct to the best of your knowledge.
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