Terms of Service

Created: 10 September 2020, 04:50:46 EDT
Last updated: 29 September 2020, 20:30:36 EDT

Terms & Conditions

The following document outlines the Pouflons website (the site play.pouflons.com) Terms of Use. Before using this website, you must read, understand and agree to these terms. Please read the document carefully and in full, and also review our Privacy Policy.
 
Site Use
By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms. The terms govern our relationship with you in relation to the site. If you disagree with any part of the terms, please do not access the site.
 
Uploads
User artwork & content is only uploaded to specific areas on the site, such as the masterlist, user profiles and user and site galleries. To submit artwork for prompts, users must provide a link to their artwork which they host on an external image hosting service such as deviantart,  sta.sh, or another similar service. Your content when uploaded to those sites is bound by the terms and conditions of that specific website and not that of Pouflons. Your submitted content must still follow the submission guidelines of Pouflons.
 
Terminology
The web pages available at https://play.pouflons.com and linked pages ("Site"), are owned and operated by Tessa Mag from NSW, Australia. The site is accessed by you ("you" or the "user") under the Terms of Use described below (“Terms"). The site is monitored by Administrators and Moderators (“admins” and “moderators”) who have the permission to monitor user behavior in accordance with the service, and to accept, reject or report artworks submitted to the site.
 
 

Agreement

For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
 

1. Membership & Service

Any individual over the age of 13 may register for the site. 
This Service is provided by Pouflons on an "AS IS" and "AS AVAILABLE" basis and Pouflons reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice without any compensation, monetary or otherwise, to users who have signed up for the service. You agree that Pouflons is not and will not be liable to you for any modification, suspension or discontinuance of the Service. In the case of discontinuation of the service, character ownership is treated as a separate matter-  Please view the Character Ownership Terms.
 

2. Privacy

Pouflons is committed to safeguarding your privacy and will not distribute or sell the information you provide to the site to any third parties. Please review Pouflons’ Privacy Policy.
 

3. Submitting Content

You may only upload content to the site that you have ownership of, or permission to use. Uploading content to Pouflons does not constitute any transfer of ownership. Pouflons does not claim ownership of any user-submitted content, and any artwork uploaded to Pouflons remains the property of the respective owners.
 
By agreeing to this and uploading content to the site, you grant us permission to:
  • Display the content in various places around the site in accordance with the service
  • Contact you if we'd like to share or use your artwork in any context not outlined in these Terms and Conditions or the Privacy Policy.
 

4. Content Guidelines

Content uploaded by users to the site, such as masterlist artwork, is not publicly visible until it is reviewed and approved by a mod. Content embedded on user profiles is not monitored by site moderators but must abide by the content rules. All content submitted to or displayed on the site must not…

- Be Hateful, Discriminatory, Defamatory or Threatening,
- Be Abusive, Harassing, Harmful, or Invasive of anyone's privacy,
- Depict explicit sexualization, drug use, or gratuitous violence.
 
 

5. Account, Username and Password

You must select a unique username for your account. You must not use a username that is, at our sole discretion, vulgar, offensive, defamatory, obscene, hateful, attempting to impersonate another individual, or otherwise unlawful or objectionable. We may contact users, modify or void user names if we believe they do not follow these rules.
 
You must keep your password secure and confidential.
 
You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us by contacting us.
 
All information you provide to us must be true, complete and current, and you must update this information as necessary to keep it true, complete and current.
 

6. Access and Use of Services

You may only access the Services through the interface provided on the Site. Also, you may only use the Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Services to any third party.
 

7. Rules

Whenever you access, use, or otherwise deal with the Services, you must comply with all applicable laws, acceptable-use policies and other policies expressed and implemented by Pouflons as applicable by law.
 

8. Privacy

Your privacy is of utmost importance to us. When you provide personal information to us, we do not sell, distribute, or monetize your personal data.
Without limiting anything in this Agreement, you must comply with all applicable privacy laws and must not collect, use, retain or disclose any other user or third party's personal information without their consent unless otherwise permitted by law to do so.
 

9. Your Privacy and Communications Consent

We will collect limited personal information about you including your username, email, and deviantart account. You acknowledge that we may use your personal information for the following purposes:

  • To allow us to communicate with you, manage your account with us, monitor your compliance with this Agreement, and manage any services we provide to you or other Site users,
  • To customize any content that is presented to you on the Site, to verify your personal information, and
  • As described in our Privacy Policy, which is currently available on the Privacy Policy page.
  • We will not sell your personal information to third parties. If we suspect you of fraudulent or other prohibited activities, we may disclose your personal information to the police or other authorities. We will not otherwise disclose your personal information except as permitted or required by law or our Privacy Policy, or with your express written permission.
 
YOU HEREBY CONSENT TO US COLLECTING THE PERSONAL INFORMATION YOU DISCLOSE TO US, AND SENDING ELECTRONIC MESSAGES TO YOU IN THE MANNER DESCRIBED ABOVE AND IN ACCORDANCE WITH THE SITE SERVICES.
 

10. Site framework


For the framework of the site, Pouflons utilizes but makes no claim to ownership of the Open Source ARPG framework known as “Lorekeeper”. The use of lorekeeper is done with permission by the developer of Lorekeeper ("Corowne") and no part of these terms shall claim ownership over or infringe upon the rights of the framework developed by Corowne, which is viewable here. 
 

11. Linking of Deviantart Accounts

When you sign up for the site, you must link a deviantart account. Pouflons will not, and does not have the ability to control or access any personal information on your devianart account, or post anything on your behalf using your account. 
 

12. Ownership

As between you and Pouflons, you will retain ownership of all original text, images, and other original content you provide on or through the Site (collectively, “Your Content”), and all intellectual property rights in Your Content. Pouflons is not liable for any user content submitted that is unlawful in any way. 
 
All other content on the Site or provided through the Services, unless otherwise stated, belong to Pouflons, including all text, logos, photos, videos, templates, and other content provided by Pouflons, in addition to
 
the graphical design of the Site, the the Site user interface and the look and feel of the Site and the the Site user interface; and
 
the names, logos and trade-marks of Pouflons and on the Site  and Pouflons (official assets)
 
You must not copy, modify, distribute, use, exploit or make derivative works from any of the Pouflons Property except as explicitly permitted by Pouflons. You may not use any official assets from Pouflons unless otherwise stated, unless it has been stated their use is a part of the services, or if you have express permission from the company. User-submitted content is not owned by Pouflons, and any marks, logos, or watermarks present on submitted images belong to their respective users.
 

15. Representations regarding Your Content

You represent and warrant to Pouflons that you own or have permission to use the content you submit to the site, and that this will not infringe or violate the rights of any third party.
 

16. Content Disclaimer

Pouflons does not endorse any of the user-submitted content on the Site. Pouflons will not be responsible or liable for content that is generated by the Site users. If you feel as though user content is inappropriate, you may send a report to a moderator or admin.
 

17. Monitoring and Disclosure

Pouflons cannot monitor everything on the Site and does not normally monitor your use of the Services; however, Pouflons and our representatives may do so. We reserve the right to delete, edit, or reclassify content that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services. If you notice any inappropriate Content on the Site, please contact us.
 

18. Use of the Services

You must not:
 
  • reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the Pouflons Property or the Services;
  • create a link, name or label, or otherwise upload to or transmit from the Site or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone’s privacy, or excessively violent,
  • violate any law including intellectual property, privacy or other laws;
  • impersonate any person, 
  • give rise to civil or other liability; or
  • upload to or transmit from the Site or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
  • use the Site or the Services to do or attempt to do any of the following without Pouflons’ prior written permission:
  • send spam or gain unauthorized access to any data, network or system;
  • monitor data or traffic on any network or system;
  • obtain an email address, user name or other information about a third party without their consent;

  • use any misleading, false or deceptive TCP/IP header information in any email or posting; or
  • conduct or instigate any denial of service attack against Pouflons’ website or network, or any website or network in relation to Pouflons’ operations,
  • improperly make complaints or false reports to administrators or moderators about other users;
  • artificially inflate or alter ratings, views or statistics on the Site or falsify any data or information available on the Site;
  • delete or modify any copyright or other intellectual property notices on the Site;
  • sell or transfer your account, or allow any third party to access or use it;
  • avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of the Site or the Services or any hardware / software used to provide the Site or the Services, or third party hardware / software or services;
  • interfere with the Services or any third party’s use of the Site or the Services;
  • resell any of Pouflons’ services or allow any third party to use or access the Site or the Services without Pouflons’ prior written consent; or
  • authorize or encourage any third party to do any of the above.
 

19. Remedies

In addition to any other available remedies, upon breach of any of your obligations under this Agreement Pouflons may suspend or terminate the Services and your account. Character ownership is treated as a separate matter to account termination, please read through the Character Ownership Terms.
 

20. Terms of Other Services

If you use any other service or software provided by or through Pouflons or the Services, you must comply with all terms and conditions that are imposed upon your use of that service or software.
 

21. Member Responsibilities

You are solely responsible for obtaining all computer equipment and connections required to access and use the Services. Pouflons will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.
 

22. Interruptions/Errors

Your use of the Site and the Services might be interrupted and will not be free of errors. Some of the content on the Site might be translated, and those translations may not be accurate or appropriate. The Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.
 

23. Modifications

From time to time, Pouflons may add new features to the Site and the Services, remove existing features from the Site and the Services, or otherwise modify the Site and the Services (including their functionality, “look-and-feel”, universal resource locators and software components).
 
 

24. Termination

Without prejudice to any of our rights at law or equity, Pouflons may terminate your access to the Site and the Services with no prior notice if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue. Pouflons may also terminate or suspend any or all of the Services at any time without prior notice- Character ownership is treated as a separate matter to account termination, please read the Character ownership terms.
 

25. Termination by you

You may terminate your account at any time. Termination of your account is your only remedy with respect to any dispute with the Site, including disputes relating to
 
this agreement or our enforcement of it; and
 
the Site, the Pouflons Content, the Pouflons Tools or the Services. Termination of your Pouflons account is handled as a different matter to character ownership - please refer to the character ownership terms.
 

28. Effect of Termination

Upon termination of your account or this agreement:

  • you will immediately cease all use of the Site, the Pouflons Content, the Pouflons Tools and the Services;
  • you will have no further access to your Pouflons account.
The Licence and permissions you granted to Pouflons when you uploaded your content as outlined in these terms will continue in full force and effect for all of Your Content, including content the Site deletes; and sections 6, 12 - 18, 27 - 35, and 37 - 39  will survive termination. You can request that your content be removed from the site, and this will be handled at the discression of Pouflons staff.
 

26. Contests

We may provide contests on the Site. If we do, they will be governed by rules we impose upon contestants. If you participate in a contest, you must comply with the rules of that contest. If there is a conflict between this agreement and the rules of a contest, the rules of the contest will govern with respect to that contest.
 

27. Links from the Site

Any links which direct the user away from the Pouflons site may have a different set of site rules and may not be under our control. Please refer to each site’s Terms of Service.
 

28. Links to the Site

You must not link to the Site or any content on the Site except as explicitly permitted by this section or our policies. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:
 
the link must comply with the Site’s other policies regarding content;
 
the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and the Site; and
 
the link and surrounding materials must not portray the Site or its services in a false, misleading, derogatory, defamatory or otherwise offensive manner.
 

32. Disclaimer

THE SITE, THE Pouflons CONTENT, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. Pouflons DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SITE, THE Pouflons CONTENT, THE Pouflons TOOLS AND THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
 

33. Limitation of Liability

YOU USE THE SITE, THE Pouflons CONTENT AND SERVICES AT YOUR OWN RISK. Pouflons WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, THE SITE, THE Pouflons CONTENT, AND THE SERVICES, INCLUDING ANY LOSS TO YOUR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, Pouflons WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER IN CONNECTION WITH THE SITE, THE Pouflons CONTENT, OR THE SERVICES.
 

34. Maximum Liability

IF, DESPITE THE ABOVE LIMITATIONS, Pouflons BECOMES LIABLE TO YOU BY LAW IN RESPECT OF THE SITE, THE Pouflons CONTENT, THE Pouflons TOOLS OR THE SERVICES, OR A COMBINATION OF THE FOREGOING, THAT LIABILITY WILL BE LIMITED TO AUD$500.
 

35. Indemnity.

YOU WILL INDEMNIFY AND HOLD HARMLESS Pouflons AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT ANY OF THEM MAY INCUR IN CONNECTION WITH:
 
YOUR CONTENT, INCLUDING CLAIMS THAT YOUR CONTENT OR THE EXPLOITATION OF IT AS PERMITTED BY THIS AGREEMENT INFRINGES OR VIOLATES THE RIGHTS OF ANY THIRD PARTY;
 
YOUR USE OF THE SITE, THE Pouflons CONTENT OR SERVICES; OR
 
THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES TO US; OR
 
YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY IN THIS AGREEMENT.
 

36. Modifications to this Agreement

From time to time in our sole discretion Pouflons may modify the terms of this Agreement by posting the modifications on the Site. Changes to these terms will be notified to you by the email you provided to Pouflons upon signing up. You will be bound by the modified terms after the modified terms have been emailed to you, you have read them, or they have been made available on the Site for at least 30 days.
 

37. Governing law

Pouflons operates from Sydney, Australia, and makes no representation that the Site is appropriate or available for use in any particular jurisdiction. This Agreement will be governed by the laws in effect in NSW, Australia. You attorn to the exclusive jurisdiction of the NSW courts; however, you or Pouflons may apply to a court of competent jurisdiction for interim protection or equitable relief such as an injunction.
 

38. Disputes with other users

You are solely responsible for resolving any disputes you may have with other Site users. Pouflons may, but is not obligated to, assist you with this. Pouflons will have no liability whatsoever to you in connection with any such dispute, regardless of whether or not Pouflons assists you with that dispute.
 

39. General

No delay or failure to act by Pouflons regarding any default will impair any of our rights or remedies that are not expressly waived in writing. This Agreement supersedes all prior agreements of the parties regarding the Site and the Services, and constitutes the whole agreement with respect to the Site and the Services. You must not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. Pouflons may assign or sublicense this Agreement and any or all of our rights and obligations under it in our sole discretion. This Agreement will ensure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. Pouflons will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement.