By accessing Andromeda Underground services, you agree to be bound by the following terms. If you do not agree to be bound by all of the following terms then please do not access and/or use the Andromeda Underground services. The Andromeda Underground services administrators and management team may change these at any time. Each time the Terms of Service is updated, all users will be required to agree to the new terms before they are able to use some sections of the forums. Introduction Required As a matter of courtesy, and to allow our community to get to know you better, Andromeda Underground requires that all members of the community make an introduction post in our forums. In this manner, your introduction should describe your interests, background, what your interest in our community is, and how you believe your participation can benefit the overall growth of our project. Failure to provide an introductory post or, due to inactivity, may result in your account being banned, as a matter of security, in that we will be unable to verify your intentions for our community. The staff of Andromeda Underground take great measures in order to safeguard the intellectual properties of our members, as well as minimize the amount of spam which is allowed into our presence. If you have not made an introductory post, we have no other course than to assume you are making the attempt to abuse your account for personal gain, and your account will be considered detrimental to our community until further notice. Andromeda Underground staff reserves the right to ban users who do not fulfill the introductory post requirement. This ban can be reversed by contacting the email address listed on the ban notification. Privacy Policy Collection of Information We collect personally identifiable information, like names, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to enhance your experience when using the Site. This information is only used internally, and submitted entirely voluntarily by our users, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists or through willful application of Facebook Connect ability. Andromeda Underground makes no claim or warranty to the privacy practices of third-party systems such as Facebook Connect, and through the acceptance of these terms, you understand that you are waiving the right to hold Andromeda Underground, it's participants, and administrators liable for the actions of third-party services for the misuse of your personal information. Cookie/Tracking Technology The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties automatically. Distribution of Information We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes on behalf of Andromeda Underground, though such information may be handled differently via third-party services (Facebook Connect, etc). Commitment to Data Security Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings. In the event of third-party services, privacy policies concerning Andromeda Underground do not apply, and further information may be provided to them and handled differently than within Andromeda Underground. We urge our participants to read and understand the scope and nature of third-party services prior to making use of them, as their terms may be different than those found in Andromeda Underground. Compliance with Law Enforcement Personnel In the event that a member of local or federal law enforcement requests data on one or more of our users, we will provide detailed, personal information if we receive a signed court order. This information may include, but may not be limited to, used IP addresses, DNS information, public and private message logs, access logs, shoutbox message logs, recorded forum actions, security logs, and lists of warnings and bannings (if applicable). During the time we comply with law enforcement requests, the user(s) affected will have their forum access restricted all or in part temporarily or permanently. Andromeda Underground staff will not comment on cases regarding the involvement of law enforcement personnel. Compliance with The Children's Online Privacy Protection Act of 1998 (COPPA) The Andromeda Underground and Andromeda Media Group does not allow users under the age of 13 to sign up for an account. Users who are found to be in violation of this term will have their accounts banned. Inline MP3 Player Andromeda Underground provides the option to allow users to transmit music data using an Inline MP3 Player in Adobe Flash format. If you choose to use the Inline MP3 Player, you must abide by the Andromeda Underground definition of copyright laws and restrictions for copyrighted music data. In the event that your usage violates local laws, and such is brought to our attention through local or federal authorities, we will voluntarily comply with the law where applicable. HTML5 Video Embed Andromeda Underground provides the option to allow users to transmit video data using HTML5. If you choose to use HTML5, you must abide by the Andromeda Underground definition of copyright laws and restrictions for copyrighted media data. In the event that your usage violates local laws, and such is brought to our attention through local or federal authorities, we will voluntarily comply with the law where applicable. Facebook Connect Andromeda Underground provides Facebook Connect to allow users to synchronize their Andromeda Underground and Facebook accounts. When synchronized, users can choose to post data from the Andromeda Underground to their Facebook profiles. While using this service, you are required to abide by the Andromeda Underground terms of service as well as Facebook terms of service. Facebook is not affiliated with Andromeda Media Group, nor does Facebook exclusively offer this service to Andromeda Underground. Media Library Andromeda Underground provides users the ability to maintain a personal media library. This library can contain videos from a wide variety of hosting providers (such as YouTube) as well as the ability to upload personal files to the library. Use of this service is governed by these terms of service. Andromeda Underground reserves the right to modify the service at any time without notice. Some features of the service may not be available for some users. General Overview We consider this a "family site", which also means *Office Friendly* for people who visit from their place of employment, and the guidelines we use to moderate the discussion forums are based on the "PG-13" rating for movies. Obviously, this means that there is a certain amount of subjectivity at work here. Moderators are given wide latitude and you can expect that we will make some mistakes from time to time. We cannot please everyone all the time. Our goal is to establish a happy medium that will keep the largest number of people pleased with their experience here. One way for you to make a positive impact towards that goal is to remember that not all members here are alike. In addition to the range of opinions in the discussion forums, you will also find a wide variety of ages, native languages, nationalities and cultures. One of the most common sources of conflict is simply the failure to understand and appreciate who you are addressing. If you remember that when you post, and choose your words with a respect for our differences, many disagreements can be avoided. While we do our best to listen to the concerns of every member, it is important to understand that if you feel attacked (by name calling, belittling, sarcasm, etc.), YOU need to Report the post in question. Verbal attacks will not be tolerated. Moderators will review a reported post, considering its content, context and tone. Additionally, we expect that you will not fuel the fires of offensive behavior by responding in kind. Participants must understand, however, that relationships develop here that result in some fun between friends. At first glance, these may appear to be verbal attacks but they are allowed as long as they do not exceed the concept of good fun. What constitutes "good fun" will be determined by the Moderators and violations will be reprimanded. For this reason, then, if you are not the recipient of a verbal attack, please do not report the post -- it may all be in fun. Other members may of course report content that violates any of the site-wide Andromeda Underground User Agreement. We expect that you are already familiar with the agreement, but it is always available here. We do anticipate, however, that many violations will be self-corrected by the participation of our members. Like any environment, the Underground is healthiest when everyone involved is paying attention, and we remind all participants that the guidelines and reporting methods are not meant to allow you to try and enforce your personal feelings about appropriate behavior. For the same reason, it’s important to understand that some members view the Underground more as a playground; a place where they feel comfortable “unwinding.” This can take a variety of forms, according to individual personality and style. As a consequence, you will find jokes and innuendo of all kinds scattered throughout the Underground. We chose the 'Office Friendly' guidelines to help everyone understand the limitations of acceptable content in their posts. Moderators are not here to enforce a particular view of "taste." The "Ignore" and “Block User” features of the Underground forums and network, respectively, are provided to help each user do that for themselves. We expect each member to use it if they find another member to be particularly offensive. Similarly, we trust that each member is capable of choosing what kind of content is acceptable to them. If you find content that you consider to be morally or ethically reprehensible, then our advice is not to respond to it unless you are willing to discuss your value system in a challenging exchange of opinions. Three Strikes Considering these examples, overt use of swearing, foul behavior, or behavior which can be construed as vulgar and in poor taste has a habit of being dealt with by moderators and administrators. We understand that once in awhile you need to let off some steam or make use of colorful language in order to properly get your point across, but doing so in excess will lead to your account being banned. If you wish to go above and beyond the general accepted guidelines set forth here, it is acceptable only if you tag your content as NSFW (Not Safe For Work) in order to give ample warning of the content contained within. Regardless of the NSFW tag, excessive vulgarity or lewd content is not permitted (ie: posting adult videos, pornography, defamation, racism or bigotry, etc). As a rule, we currently employ the "three strikes" method: 1. Warning 2. Short Term Ban 3. Long Term or Permanent Ban In short, we actually afford our members a great deal of trust and believe that they can manage themselves like decent adults. If you prove to us otherwise, we will systematically remove privileges from the entire forums. By using the Underground, you are agreeing to these terms of service, and they extend to all aspects of the Underground, including, but not limited to, applications, social networking, and forums. Unlike other communities, we are not "ban happy" and do not enjoy banning people for lengths of time. We believe that mistakes can be made and learned from, and as such initial banning of members of this forum usually start with short term basis and become more severe with each offense. In the event a member is banned via Strike #2 or Strike #3, the member will receive an email at their registered email address explaining the nature of the ban and when it will expire, if applicable. If a member who has been banned previously is allowed to return, Andromeda Underground staff reserve the right to place restrictions on the user's account until staff has believed the user can act in a proper and respectful manner. Executive orders An Executive Order may be generated by Andromeda Media Group Staff. Executive orders bypass all banning methods outlined in the User Agreement, and were designed to keep troublesome and potential problem users out. In some cases, a reversal decision may be put forth to unban the user in question. In this case, a community vote will be taken, and staff will explain the situation and provide as much evidence as possible as to why the user was banned originally. If the community vote provides majority to unban the user, their ban will be removed, but the user may be placed on moderation to prevent future problems until a time when Staff have determined that the user is no longer a problem to the overall well-being of the community. If the community vote provides majority to sustain the ban, the banned user will see no change. Banned users, when banned via an Executive order, may be unable to access the Server or any files or documents hosted on the Server. They will not be made aware of any open community votes for their Executive order. Staff reserves the right to create an Executive order against any user for any reason (even if there appears to be no reason). As previously mentioned, we are not "ban happy", and cases where Executive orders are generated are rare, and only happen in extreme situations. By joining the forums, the user agrees that an Executive order may be generated against them at any time for any reason (even if there appears to be no reason). Executive orders do not expire unless a community vote to remove the ban has passed. Examples for the usage of an Executive order would include, but are not limited to: terrorist threats, jeopardizing the community through possible actions which may be deemed illegal or destructive, outside involvement in other areas which have a likelihood of interfering with our community in a negative manner, or actions that require the involvement of local or federal law enforcement personnel. In short, an Executive order usually implies that the standard three strikes rule in this case would likely cause more damage through inaction, and that the person in question has made it clear that they have no intention of redeeming themselves. Intellectual Property The content of each post is the property of the author, and may not be copied or distributed without express permission from the author. Andromeda Media Group makes no claim, expressed or implied, of the ownership of third party authored materials. In the event that such materials are of interest to the core team of Andromeda Media Group, written permission will be sought from the content owner in order to make use of such content in our own proceedings. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless Andromeda Media Group, its staff, and the Discussion Board administrators and moderators with respect to any claim based upon transmission of your message(s) or the content of any message posted to the forum. By posting any material, you confirm, represent and warrant that you have the lawful right to distribute and reproduce such material. Likewise, any materials authored by Andromeda Media Group remain the sole property of Andromeda Media Group and just as we request written permission for usage of your authored content, so too such permissions must be obtained in respect to usage of materials and content from Andromeda Media Group. Server Abuse You shall not use the forums or web site for any illegal purpose. You will use it in compliance with all applicable laws and regulations. You agree not to use the web site or forums in a way that may cause the forums or web site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the forums or web site is in any way impaired. Abuse of the server will result in a short term ban the first time, with a length to be determined based on the amount of abuse detected. A second time offense will result in a longer term or permanent ban. In addition, your personal information may be turned over to local or federal authorities, as outlined in the [Compliance with Law Enforcement Personnel] section. Objectionable Materials You understand that by using these forums, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the forums at your sole risk and that Andromeda Media Group, its administrators or staff, shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Permitted Usage These forums are not intended for use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, life support machines or other equipment in which the failure of these forums could lead to death, personal injury, or severe physical or environmental damage. You also agree that the forums are not intended to be used in the manufacture of missiles, nuclear, chemical, or biological weapons. In truth, we have no idea how somebody would actually pull such off, but we're not taking our chances. Our members are some of the brightest minds in the field, and it wouldn't surprise us if they figured out a way to do so. Third Party Content Hyperlinks and embedded media or content from third party sites abound in these forums and we make absolutely no claim or warranty on these external links. You agree not to hold Andromeda Media Group responsible for content which is not within our domain. In short, use some common sense. Questionable Content Users must be aware that no questionable content ("warez", harmful material, etc.) is hosted on the Andromeda3D server. As a result, users may, either intentionally or unknowingly, post links to questionable content without a proper license accompanying the content. The Andromeda Underground services are patrolled daily for such content, and posting questionable content is not permitted on the Underground. Posting questionable content that includes, but is not limited to, "warez", harmful material (which may include, but is not limited to, adware, malware, viruses, trojans, worms, or other material that may be deemed invasive or dangerous to a user's computer) will result in a modified version of the three strikes system in place based on the sole discretion of the administrators via a case by case process that may result in a harsher punishment for each strike. Upon hitting the third strike, the user or users will be permanently banned from the Underground and the server in which the Underground is hosted on. Copyright & Fair Usage Disclosure Andromeda Underground and Andromeda Media Group take the issue of copyright enforcement seriously. It is a hot topic of discussion in the world today, and is often disputed between "pirates" and holding parties as to what rights a copyright holder is entitled, as well as compensation methods for such works. The founder of Andromeda Media Group does not take sides in this ongoing fight, instead citing only the original intent and scope of copyright. In short, the original scope and intent of copyright was within a 14 year time line for exclusivity prior to being moved to public domain. This was done in order to continue creative derivatives and innovation without granting the content creator or subsequent copyright holder a perpetual monopoly (which is counter productive to the intent of copyright). Currently, in the United States, it is not uncommon to see copyrights for works extending as far as 75 years past the death of the creator, with an intermediary or publisher holding said copyright over works well after the creator of such works has passed away and can no longer benefit. Within Andromeda Underground and Andromeda Media Group, we respect only the original intention and scope of copyright claims, as all others are detrimental and harm the industry with stagnation and lack of innovation. Therefore, as a resolution, we consider "legal" fair usage and distribution of works to fall within at least 14 years from publishing/release date. If the creator of said works is no longer alive, we consider the works to be public domain as well. While this resolution is in stark contrast to United States copyright laws, whereby works can hold copyright and exclusivity for nearly 100 years, there are other countries in the world (Australia, Canada, etc) whereby such works are already in public domain. Instead of taking sides and basing our decisions on solely the United States, we offer a country neutral understanding of 14 year copyright, finding an average between 100 years of copyright and public domain for the same works. By aligning ourselves this way, we most certainly would be breaking many laws depending on what country was enforcing them, while in other countries this would be perfectly acceptable and legal. Since we are unable to please the entire world with an internationally accessible forum system, we must acknowledge only a sober decision neither extending to one extreme or the other. Neutrality of Staff, Administrators, and Moderators All of our administrators and moderators are required to operate without personal opinion on any subject. This means that we will always maintain a neutral position on issues and members. In the event that an administrator or moderator is suspected of violating the neutrality position, they will be placed under review by other administrators, moderators, and members, and, after viewing evidence and other members' opinions, a final decision will be made by Forum Staff. Participation While Andromeda Media Group accepts a broad base of interested users into our community, we believe that membership within the community also comes with the responsibility to actually participate. If you are granted access to the community but fail to interact with our userbase, or participate for extended periods of time, your account may be removed without notice. This policy is to ensure that those who are most interested in contributing are given access without bloating our registration with inactive accounts. User Advertisements NO ADVERTISING/SPAM or SOLICITATION. Do not use this site as a redirector or gateway to another site for the purpose of collecting click income or advertising. Although there are times when a link to another site is necessary, we reserve the right to determine what is and is not appropriate. Any inappropriate material will be immediately deleted and the user warned via our Three Strikes rule. Likewise, Andromeda Media Group reserves the right to place advertisements within our services and forums as a manner to supplement costs where donations are not forthcoming to continue operations. The easiest manner to keep this community free of advertising is to offer donations when the community requires them to proceed. Our goal, as always, is to keep this community free from clutter and intrusive advertising. Through your donations, generosity, and volunteer efforts we hope to maintain this level of excellence going forward. Elevated Privileges While participation is the underlying factor for retaining your account in Andromeda Underground, it is also the basis for awarding Elevated Privileges. You may notice other members with tags such as Elite Member and wonder what it means as compared to your standard Member tag. Andromeda Underground is essentially a meritocracy, whereby your abilities in our community are based on your merit. If you do not participate over a length of time in excess, or fail to hold your account in good standing, you may be removed from our member roster and eventually the forums. But if you contribute on a regular basis, you will be considered for an Elite Membership which also grants you the ability to participate in our Beta Sections: Andromeda Labs, Andromeda Beta, and even gain access to Downloads specific only to Beta Team access. If you are a normal Registered Member, and wondering why our community looks bare to you, then you may want to participate more in order to open the areas which the bulk of our activity happens. Our highest contributors will also have further privileges available to them such as Moderator and even Administrator status in exceptional cases of participation. We welcome all kinds of participants to the community, and hope that your stay and participation here are productive. As your first post, we highly recommend that you write an introduction so others may welcome you to our community. Sincerely, The Management Last Updated: July 16, 2010
