Terms of Service

Created: 31 August 2024, 01:03:21 MDT
Last updated: 1 September 2024, 03:13:10 MDT

TeRmInology

  • "The user", "users", and "you" refer to each individual who accesses Ghoulhoods.com.
  • "Ghoulhoods", "staff", and "we" refer to the individuals who maintain and operate Ghoulhoods.com.
  • "The website" refers to Ghoulhoods.com, and "adjacent web spaces" refers to all social media or community hubs run in an official capacity by staff in association with Ghoulhoods.
  • "Services" refer to all services, features, and functions provided by the website and adjacent web spaces.
  • "Content" refers to any images, videos, files, artwork, writing, animations, or other types of media present on this website.
  • "Terms" and "ToS" refer to this document, the Terms of Service.

 

1. INTRODUCTION

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

By signing up/registering to this Website, you agree to these Terms.

 

2. Site Content

This Website is offered and made available only to those who are at least 16 years of age. By creating an account, using this Website, or attempting to use this Website, you verify that you are 16 years or older. Any users found to be under the age of 16 years at the time of their account creation will have their accounts terminated.

Ghoulhoods.com and its adjacent spaces may contain the following:

  • Strong or vulgar language
  • References to alcohol and drug use
  • Simulated gambling with virtual currency
  • Mild blood and violence

Staff does not monitor content displayed on individual user pages, and is not liable for user-submitted content that is unlawful or breaks our ToS. Any user-submitted content that is found to be unlawful or in conflict with our ToS must be reported to the staff, and may be modified or result in disciplinary action towards the user responsible.

Staff has not reviewed all links present on site and is not liable for the content of third party websites linked on Ghoulhoods.com.

Content displayed on Ghoulhoods.com may be modified or deleted at any time without notice.

 

3. Code of Conduct

By participating and/or being a user of Ghoulhoods.com, you agree to follow all rules and be kind and considerate to other users. Conduct that may result in punishment (warning, suspension, and/or account termination/ban) includes, but is not limited to;

  • Breaking our Terms of Service.
  • Bullying or harassment.
  • Begging, guilt-tripping, or manipulation.
  • Scamming or bad faith trading.
  • Impersonation of a staff member or other person.
  • Creating usernames or content judged to be obscene, hateful, or unlawful.
  • Submitting, promoting, or perpetuating hateful content or speech, such as; pedophillia, zoophillia, racism, sexism, ableism, homophobia, nazism, or transphobia.
  • Sharing access to accounts, transferring accounts between users, or making more than one account.
  • Selling or trading unofficial Ghoulhoods designs, or advertising designs as potential Ghoulhoods characters.
  • Stealing, copying, tracing, or otherwise claiming wrongful ownership of work, designs, or characters.
  • Using Artificial Intelligence (AI) generated work for submissions of any kind.

The user is solely liable for all activity conducted on their account. If you suspect your account has been compromised, please contact staff immediately.

Ghoulhoods reserves the right to terminate or take other disciplinary action against any user for any reason without notice.

All virtual items and currency housed on Ghoulhoods.com are licensed for use by the user while their account is open. If a user is terminated or banned, the contents of their account, save for characters (see Ownership), will be forfeited with no compensation.

 

4. Ownership

Owning a Ghoulhoods character means owning partial rights to that character design. You do not hold ownership over the Ghoulhoods species, and as such, you do not hold full rights to any Ghoulhood design you own.

Ghoulhoods will never revoke your ownership of a character, unless you chargeback an official artist who you purchased the design from. In such a case, the character will be revoked, and Ghoulhoods is not required to provide compensation.

If a user is banned from Ghoulhoods while in possession of Ghoulhoods characters, the designs will be voided, and will no longer be associated with Ghoulhoods. Voided designs can never be used on Ghoulhoods.com again, but you will retain full personal use rights to the design. Banned users may no longer obtain unvoided Ghoulhoods.

Users may request to void characters that they originally created (either designed yourself or commissioned and submitted as an MYO) and that they currently own. You may not void a design you did not create or do not currently own.

Owning an official, unvoided Ghoulhood character allows a user to:

  • Trade, sell, gift, or otherwise transfer the character to any other Ghoulhoods user with an account on Ghoulhoods.com. If you wish to transfer a character to someone without an account, please ask them to make an account first.
  • Use or display the character artwork and any artwork depicting the character, with credit to the artist.
  • Use the character on Ghoulhoods.com and its associated spaces. This includes engaging in Ghoulhoods gameplay with them, giving them a name and backstory, and creating or commissioning art and writing about them, so long as all such content follows the ToS.
  • Use the character for personal use outside the framework that Ghoulhoods provides. Ghoulhoods cannot enforce adherence to the ToS in private use, but if you are seen breaking Ghoulhoods ToS with a Ghoulhood character publicly, you may face punishment.
  • Edit the character's design using the official channels provided on Ghoulhoods.com. Please read our Design Guide for more information.
  • Create alternate unofficial designs based on the character design. All derivative designs are considered a part of the original and may not be transferred separately. This includes cases where the Ghoulhood design was created as an alternate design of an existing character you own.

By owning a Ghoulhood design, regardless of voided status, users agree to the following:

  • Users may not create copies or derivatives of the design to transfer separately from the original.
  • Ghoulhood designs may never be used for commercial purposes, including the production of merchandise depicting the design or derivatives of the design.
  • Ghoulhoods designs may never be used in any way that could be harmful, offensive, or unlawful.

 

5. Purchases and Sales

All official sales of Ghoulhoods characters will take place on Ghoulhoods.com or Toyhou.se.  Users must possess a Ghoulhoods account in order to receive Ghoulhoods goods from a sale, trade, or other transfer.

Users may trade, sell, or gift their Ghoulhoods characters, items, and currencies without limitations.  This includes the ability to sell Ghoulhoods characters, items, and currencies for real world currency, or for goods from other games or websites.  Ghoulhoods reserves the right to place restrictions on the sale or trade of Ghoulhoods goods at any time if it is deemed necessary for the health of the game economy.

Ghoulhoods is not liable for transactions between users.  Ghoulhoods staff may rule to take action in response to fraudulent transactions conducted on Ghoulhoods.com, but the user is fully responsible for any fees, damages, or losses incurred by transactions with other users, and staff are not required to get involved in any disputes.

Placing a bid on an auction/a claim on a sale means you are confirming you can and will pay. Once a bid has been placed, it may not be deleted or edited to be lower. Backing out of a sale may result in punishment or a ban from Ghoulhoods.com. We reserve the right to refuse a sale for any reason.

You have 24 hours to respond to any messages from the Ghoulhoods admins and GA team regarding a won sale. This includes a message informing you that you won a raffle/auction/flatsale, messages asking for your paypal, and invoices from the seller. Failure to respond to these in a timely manner will result in the design being sold to another user. This does not apply to time spent waiting for artist/admin response.

Only one person may attempt to 'claim' on behalf of a specific party during a sale. If you are unavailable, you may elect a single party to claim in your stead, but cannot both attempt to claim yourself and request another person to claim for you as this is unfair to other members. Do not edit your comment on claims posts, this will revoke your claim.

All transactions made with real or virtual currency on Ghoulhoods.com are final and non refundable.

 

6. INTELLECTUAL PROPERTY RIGHTS

Other than content you own, which you may have opted to include on this Website, under these Terms, Ghoulhoods own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

Our lineart (or "bases") is only to be used on site to create designs.   No one may use the lineart to create adopts, your character here variations, and any other usage offsite unless they have written permission from the admins.

Users are allowed to resale their characters and artwork for any currency, but not with NFTs and/or cryptocurrency.

Any Content found on our site may not be used for/or with AI art generators or any other generators that use imagery, artwork, and/or writing to train on.

 

7. RESTRICTIONS

You are expressly and emphatically restricted from all the following:

  1. Selling, sublicensing, and/or otherwise commercializing any Website material digitally and physically.
  2. Claiming ownership of any Website material that isn't yours.
  3. Using this Website in any way that is, or may be, damaging to this Website.
  4. Using this Website in any way that impacts users access to this Website.
  5. Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity.
  6. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website.
  7. Using this Website to engaging in any advertising or marketing unless permission granted by the admins.
  8. Using and finding glitches/bugs to help you advance or gain items in a manner that isn't normal or fair. If found, you must alert the glitch/bug to us immediately.

Certain areas of this Website are restricted from access by you and Ghoulhoods may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential, and you must maintain the confidentiality of such information.

 

8. YOUR CONTENT

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. Your Content must be your own and must not be infringing on any third party’s rights. Ghoulhoods reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.  Your Content must not be generated with any form of AI generators.

 

9. NO WARRANTIES

This Website is provided “as is,” with all faults, and Ghoulhoods makes no express or implied representations or warranties, of any kind, related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

 

10. LIMITATION OF LIABILITY

In no event shall Ghoulhoods nor any of its officers, directors, staff and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, Ghoulhoods including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

 

11. INDEMNIFICATION

You hereby indemnify to the fullest extent Ghoulhoods from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

 

12. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

13. VARIATION OF TERMS

Ghoulhoods is permitted to revise these Terms at any time as it sees fit, and by using this Website, you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

 

14. ASSIGNMENT

Ghoulhoods shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

15. ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Ghoulhoods and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

 

16. GOVERNING LAWS & JURISDICTION

These Terms will be governed by and construed in accordance with the laws of the State of Texas, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any disputes.