DeviantArt Policy - Artist is to monitor themself

8 min read

Deviation Actions

DeverexDrawer's avatar
Published:
519 Views

Blue-Chica's Poll: How you heard about DA?

My story about Joinin gDeviantArt.


A long time ago. Loooooong time ago.
I had seen many deviations on Google images and thought DeviantArt was quite cool and a good website for art.

At somepoint I decided to join, however the rules/regulations/copyright etc. frightened me off.

Eventually I forced my self to join. I had asked a few businesses about creating fan art, legal rights of posting etc. and everything has become more clear.

I have made many friends and much progress on DeviantArt ever since.

I hope to be a member for a loooonger time

============================================================

I read about the Mature Content in the Etiquette Policy recently because I wanted to see how they explained themselves so that I could write up my own group policy. I later decided to read up on the entire DeviantArt Policy and post my findings. Here is what I found from everything below. The Deviant/member/artist etc. is responsible for monitoring themselves and third-parties who have been infringed are responsible for taking action against the deviant responsible, while those in court of law are responsible for enforcing law on the deviant who is resonsible.

Note: A deviant is responsible for themselves, yes (they agreed to having good conduct and etiquette and agreed to the terms of service), but for monitoring themselves also? Please correct me if I am wrong. Have I read this correctly?


Etiquette Policy



Introduction

DeviantArt is an expansive, worldwide community of artists of every age, and every nationality who create works spanning every medium, every subject and every level of talent and skill.

As the guiding force of this large and vibrant community we have two primary and often conflicting goals in the service we provide for you, the members of the community; the first being to ensure that members are free to express themselves within reason with as few restrictions as possible while nurturing an environment of creativity, learning, and talent and the second is to protect the members of the community, to the best of our abilities, from infringement of copyright, discrimination, harassment, and prejudice.

All members of the DeviantArt community are expected to be familiar with these rules of etiquette and they will be enforced evenly and without bias in every situation which is brought to the attention of the administration regardless of the membership status of the user in question.

Well there's your problem.  :bademoticon:


Mature Content

When we discuss mature content we are specifically referring to deviations which contain images, subject matter, or other themes which some viewers may find offensive, distasteful, or otherwise undesirable to view or to read. The most common 'undesired' viewing material may include, but is not limited to, images containing artistic nudity (see details below), large amounts of simulated blood and gore, or generally violent themes.

DeviantART strictly prohibits the submission of materials classified as pornographic or obscene. There is no exception to this prohibition.

Certain content may be deemed obscene by the administration and as such the staff reserves the right to remove such content immediately upon discovery. The administration reserves the sole right to review and classify questionable material as obscene or not obscene.

What happened?


(Terms of Service)

Section II: Additional Terms

17. Monitoring Content

DeviantArt has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.

oh. I see.

Terms of Service


Section II: Additional Terms

19. Conduct

You agree to be subject to and to conduct yourself in accordance with the DeviantArt Etiquette Policy.You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. Please refer to DeviantArt's Copyright Policy for further details.


You agree not to use the Service:

  1. for any unlawful purposes;
  2. to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
  3. to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, DeviantArt or to facilitate the unlawful distribution of copyrighted content or illegal content;
  4. to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
  5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  6. to upload, post, or otherwise transmit any material which is likely to cause harm to DeviantArt or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
  7. for any commercial purpose, except as expressly permitted under these Terms;
  8. to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from DeviantArt by hyperlink and not to compete with DeviantArt.


Section I: General Terms

8. Conduct

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to DeviantArt that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. DeviantArt does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless DeviantArt, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

Section II: Additional Terms

13. Registration

To register as a member of the Service or purchase products, you must be 13 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.


9. Disclaimer of Warranty and Limitation of Liability

DEVIANTART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. DEVIANTART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. DEVIANTART MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT DEVIANTART IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, DEVIANTART SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF DEVIANTART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL DEVIANTART'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO DEVIANTART PURSUANT TO THIS AGREEMENT.

© 2017 - 2024 DeverexDrawer
Comments0
Join the community to add your comment. Already a deviant? Log In