Terms of Service
Please read these Terms of Service (“Terms”) carefully. They contain the legal terms and conditions that govern your use of services provided to you by Cobalt Sages Creations, including information, text, images, graphics, data or other materials (“Content”) and products and services provided through Cobalt Sages Creations (the “Service”). This Service is operated by Grey Matter Games, LLC. Cobalt Sages Creations is also referred to in these Terms as “we”, “our”, and “us”.
By using our Service, you agree to be bound by Section I of these Terms (“General Terms”), which contains provisions applicable to all users of our Service, including visitors to the Cobalt Sages Creations website (the “Site”). If you choose to register as a member of our Service or purchase products from the Cobalt Sages Creations Shop (when those features are available), you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms (“Additional Terms”).
Section I: General Terms
This Service is provided by Cobalt Sages Creations on an “AS IS” and “AS AVAILABLE” basis and Cobalt Sages Creations reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Cobalt Sages Creations is and will not be liable to you for any modification, suspension or discontinuance of the Service.
All brand, product and service names used in this Service which identify Cobalt Sages Creations or third parties and their products and services are proprietary marks of Cobalt Sages Creations and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Cobalt Sages Creations or any third party with respect to any such image, logo or name.
Cobalt Sages Creations is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Cobalt Sages Creations are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Cobalt Sages Creations or the appropriate owner of copyright in such works. Cobalt Sages Creations does not claim ownership rights in your works or other materials posted by you to Cobalt Sages Creations (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
5. Reporting Copyright Violations
Cobalt Sages Creations respects the intellectual property rights of others and expects users of the Service to do the same. At Cobalt Sages Creations’ discretion and in appropriate circumstances, Cobalt Sages Creations may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact Cobalt Sages Creations’ agent for notice of claims of copyright infringement, Jacob Earl Talley who can be reached through email@example.com. You must provide our agent with substantially the following information, which Cobalt Sages Creations may then forward to the alleged infringer for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please see Cobalt Sages Creations’ Copyright Policy for further information and details.
6. External Links
Cobalt Sages Creations may provide links to third-party websites or resources. You acknowledge and agree that Cobalt Sages Creations is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Cobalt Sages Creations of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an “AS IS” basis without warranty of any kind. In no event shall Cobalt Sages Creations be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
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 Cobalt Sages Creations that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Cobalt Sages Creations does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree and understand that use of multiple accounts is prohibited if those accounts share any content in between them at any time. You agree to defend, indemnify, and hold harmless Cobalt Sages Creations, 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.
9. Disclaimer of Warranty and Limitation of Liability
Cobalt Sages Creations 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. Cobalt Sages Creations 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. Cobalt Sages Creations MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT Cobalt Sages Creations 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, Cobalt Sages Creations 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 Cobalt Sages Creations 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 Cobalt Sages Creations’ AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO Cobalt Sages Creations PURSUANT TO THIS AGREEMENT.
10. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Cobalt Sages Creations for your account (when such a feature exists). For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
These Terms constitute the entire agreement between Cobalt Sages Creations and you with respect to your use of the Service. Cobalt Sages Creations’ failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Cobalt Sages Creations shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Cobalt Sages Creations. These Terms shall be governed by and construed in accordance with the laws of the State of Texas. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Texas and all parties who make use of the Service agree this is the appropriate venue for court cases.
Section II: Additional Terms
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. You agree that your account is personal and will only be used by you and only you.
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Cobalt Sages Creations of any unauthorized use of your password.
14. Submitting Content
Chat Rooms and Forums – As a registered member of the Service, you will be granted the privilege of participating in chat rooms and forums on the Cobalt Sages Creations website as part of the Service (when that feature become available), which means you may post Your Content in the form of text for display in these areas of the Cobalt Sages Creations website, subject to your compliance with the Terms.
15. Copyright in Your Content
Cobalt Sages Creations does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Cobalt Sages Creations a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on Cobalt Sages Creations any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.
16. Monitoring Content
Cobalt Sages Creations 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.
17. Storage Policy
At this time, Cobalt Sages Creations provides limited online storage of Your Content to registered members of the Service. However, you acknowledge and agree that Cobalt Sages Creations may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on Cobalt Sages Creations’ servers. Furthermore, you acknowledge that Cobalt Sages Creations reserves the right to terminate or suspend accounts that are inactive, in Cobalt Sages Creations’ sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, Cobalt Sages Creations shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that Cobalt Sages Creations reserves the right to modify its storage policies from time to time, with or without notice to you.
You agree to be subject to and to conduct yourself in accordance with the Cobalt Sages Creations 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 Cobalt Sages Creations’ Copyright Policy for further details.
You agree not to use the Service:
- for any unlawful purposes;
- 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;
- 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, Cobalt Sages Creations or to facilitate the unlawful distribution of copyrighted content or illegal content;
- 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;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- to upload, post, or otherwise transmit any material which is likely to cause harm to Cobalt Sages Creations 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;
- for any commercial purpose, except as expressly permitted under these Terms;
- 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 Cobalt Sages Creations by hyperlink and not to compete with Cobalt Sages Creations.
19. Suspension and Termination of Access and Membership
You agree that Cobalt Sages Creations may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Cobalt Sages Creations Site, in Cobalt Sages Creations’ sole discretion, if you fail to comply with the Terms or applicable law.
21. Subscription Refunding
Cobalt Sages Creations is obliged by law and in accordance to the Consumer Rights Act to provide refunds for purchases IF said purchase has been done illegally and if this is within the first 14 days of the purchase. Cobalt Sages Creations will not provide refunds for any digital product subscriptions in any other case. In order to allow the user to test the product, Cobalt Sages Creations provides a free membership and monthly paid subscriptions (when such features become available that this option shall be warranted by Cobalt Sages Creations to be necessary).
21. Owned Assets & Website Integrity
Any change done using web or other technologies to the core structure of the website will be frowned upon. Users with access to CSS editing of the website are not permitted to alter the content and/or the design of the header and the footer of Cobalt Sages Creations. Any change will be penalised and be dealt in person by person case. This might lead to denial of use of CSS features, deletion of CSS code and/or permanent ban from the website.
Cobalt Sages Creations respects your privacy.
What we collect and how we use the information we collect
Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account (as defined below) if you are an Account holder), and to enable you to enjoy and easily navigate our Services.
Personally Identifiable Information.
Personally Identifiable Information. If you create an Cobalt Sages Creations account via the Cobalt Sages Creations Sites or through third party sites (an “Account”), we collect certain information that can be used to identify you, such as your name, age/birthdate, postal address, telephone number, e-mail address. If you register for a paid account (when such features become available) or register to make purchases on the store, we or the third party responsible for charging your reoccuring membership or one time purchases, may collect your credit card information, or bank account details, or other information that can be used to contact you or identify you as an individual (collectively, “PII”).
If you create your Account using your login credentials from a third party site or service, we’ll be able to access and collect your name and email address and other PII that your privacy settings on that third party site or service permits us to access but we don’t receive or store passwords for those third party sites and services. We cannot delete or change any PII that is stored on third party sites and services.
If you have uploaded Content, you have also authorized Cobalt Sages Creations to use some of your publicly visible PII for distribution, not advertising or promotional purposes without your written permission.
Non-Personally Identifiable Information. Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), for both Account holders and non-Account holders (either will be referred to as a “User”).
Log Data may include information such as a User’s Internet Protocol (IP) address, mobile device identifier, browser type, operating system, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services on which a User clicked, the friends of Account holders who also use the Services, purchases made by the User, how often Users click on our advertisements, which files are downloaded most frequently, and which areas of our Site are the most popular and other statistics. We also collect certain information that your mobile device sends when you use our Services, including user settings, the operating system, as well as information about your use of our Services. We use this information to administer the Services and we analyze (and may engage third parties to analyze) this information to improve and enhance the Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences, and to make recommendations. We may use a person’s IP address to fight spam, malware and identity theft. We also use the IP address to generate aggregate, non-identifying information about how our Services are used.
How we share information
Except as noted, Cobalt Sages Creations does not share your PII with third parties unless you give us your permission or we need to share such information in order to provide our Services to you at your request.
Information Shared with Our Service Providers. We may share aggregated information and non-identifying information that we collect with third party advertisers. We also may share hashed or otherwise obfuscated identifiers based on your PII with trusted partners who in turn may provide these identifiers to third party advertisers, advertising networks, advertising exchanges and analytics services to help us serve ads that are more targeted to your interests and to help us better understand the interests of users of our Sites.
Information Shared with Advertisers. We may share aggregated information and non-identifying information that we collect with third party advertisers.
Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes.
Information Disclosed for Our Protection and the Protection of Others. We will disclose PII when required by law or under the good-faith belief that such disclosure is necessary in order to conform to applicable law, comply with subpoenas, court orders or legal process served on Cobalt Sages Creations, to establish or exercise our legal rights or defend against legal claims, and to protect the property or interests of Cobalt Sages Creations, its agents and employees, personal safety, or the public. Under these circumstances, Cobalt Sages Creations may be prohibited by law, court order or other legal process from providing notice of the disclosure, and Cobalt Sages Creations reserves the right under those conditions to not provide notice in its sole discretion.
Information Disclosed in Connection with Business Transactions. Information that we collect from our Users, including PII, is considered to be a business asset. If we become part of another organization, including without limitation, by merger, change of control, sale of assets, or other acquisition, go out of business or enter bankruptcy, your PII may be disclosed or transferred to a third-party acquirer in connection with the transaction.
Information We Disclose with Your Consent or at Your Request. We will share your PII with third-party websites or platforms, such as social networking sites, if you have expressly requested that we do so.
Your Profile Page
Please note that when you create an Account, your profile page will display your Account user name and certain statistics regarding your own use of the Services, including but not limited to, the date you became an Account holder, the categories of materials you posted and how long ago you last visited the Sites. It will also display information about the Account holders who visit your profile page including the names of those Account holders who follow you (if the Account holder has permitted such display), and the number of visitors to, and views of your profile page or pages containing Content you have submitted.
Any information or content that you post to your profile page, or to chat rooms or forums will be publicly accessible by Users so please exercise your good judgment before you post. The name you choose when creating your Account is visible to all Users of the Services. If you visit another account holder’s profile page, your user name will appear on that page. Cobalt Sages Creations does not control, and is not responsible for, the use of any information or content that you have exposed to the public through your use of the Services. You may use the tools we make available via the Services to make decisions about what information about you, including PII, will be visible on your profile page and on the profile pages of other Account holders that you visit. Please note Accounts can be created either by individuals or companies.
Even if you choose not to receive information from us, we reserve the right to communicate with you on matters we consider especially important.
You may review your PII by logging in and navigating to your Settings page (when such features become available) on the website. Once there, you may modify information that is incorrect and delete certain information from your profile. You can also change your permission settings for us to send you e-mail newsletters. In the event you are unable to perform the above, you may also change your permission settings for us to send your e-mail newletters by emailing us directly and copying the following text into the body of your email message: “I do not wish to receive e-mail newsletters for this website any long and formally request I be removed from teh mailing list. I understand this may take up to 90 calendar days from the date this email is sent and may still recevie e-mails during this period.”
To delete your PII, you must manually change your data fields to null values. Please note that some information associated with you cannot be deleted. Data related to transactions for products and services through the Cobalt Sages Creations Shop is retained indefinitely and we may retain other PII associated with you in archived/backup copies for our records or as otherwise required by law.
We take reasonable measures to protect the information that we collect from you or about you (including your PII). Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
At Cobalt Sages Creations we respect the rights of all artists and creative people worldwide.
Any work submitted to Cobalt Sages Creations remains copyrighted by its rightful owner.
In no case Cobalt Sages Creations will claim ownership over the creative work of its members.
Copyright and Your Cobalt Sages Creations Submission
Here at Cobalt Sages Creations we respect the rights of all artists and creative people worldwide and we expect our members to also demonstrate that respect and assist us in creating a beneficial and positive atmosphere for all Cobalt Sages Creations visitors and members.
The bottom line is: Just about anything that is on this site, on the web, on TV, on CD’s, on DVD’s, in books & in magazines is probably copyrighted by someone.
Copyright can be a confusing territory for many people. In many cases the natural confusion over the sometimes varied circumstances surrounding copyright will lead people to rely on rumor or myth more often than the actual law which naturally confuses the matter even more.
In this document we will attempt to eliminate some of the confusion and counter many of the myths surrounding copyright and to present clearly the Cobalt Sages Creations policies and practices with regard to copyright. The availability of this document should not be construed as rendering legal or other professional advice, and this document is not a substitute for the advice of an attorney. If you require legal advice, you should seek the services of a qualified attorney.
How do I get Copyright?
Under most national laws and international copyright treaties you receive a copyright automatically in any original work as you make it. Registration may be required to exercise some rights, like commencing a lawsuit. Copyright does NOT protect ideas. Copyright protects the expression of ideas or the ways in which an idea is materially placed or expressed in the work.
What is Copyright Infringement?
To simplify this question, copyright infringement occurs when you do certain things with a creative work which someone else produced without first getting the proper permission.
Some examples of copyright infringement (this is only a partial listing) can include:
- Placing someone else’s image or creative work online without proper permission.
- Using a creative work commercially without permission.
- Adapting someone else’s creative work found in one medium to another medium, such as making a book into a movie or a photograph into a painting.
- Modifying or editing a creative work without proper permission.
How Can I Avoid Infringing on Someone’s Copyright?
The best way to avoid infringing on the rights of another creative person is to use your skill, talent and imagination to create your own completely original work. When we use the word ‘original’ we don’t mean that you must come up with an idea which hasn’t been used before – recall that copyright does not protect ideas. When used in reference to copyright “original” means that you created your work without referencing or deliberately copying anyone else’s work during the process.
Ensure that all parts of your work, both visual and text, are your own original creations. If you have used materials which are owned by other people or companies make certain that you have obtained proper permission or licensing for the use before you place your work online.
What Sort of Things are Copyrighted?
The easy answer to this question is that just about any creative work that is less than 150 years old you might find should be considered copyrighted by default.
A work is not required to have a copyright statement printed on it or near it in order to be considered copyrighted so do not assume that the work is unprotected simply because you cannot see a notice written anywhere.
Also do not confuse the fact that a work is publicly available with the idea that it is in the public domain or free for use. Being easy to find on the internet does not affect a work’s copyrighted status.
This of course does not include work marked under some Creative Commons licences and other licences which allow of Derivative work, Distribution and alterations.
- It doesn’t matter how you obtained the material, it’s still considered copyrighted and you still need permission.
- It doesn’t matter whether or not you’ve credited the proper owner, it’s still considered copyrighted and you still need permission.
- It doesn’t matter if you are not selling it or making a profit, it’s still considered copyrighted and you still need permission.
- It doesn’t matter if you can find other people using things without permission, it’s still considered copyrighted and you still need permission.
- It doesn’t matter if you’ve edited it a little bit or made a few alterations, if it’s recognizable it’s still considered copyrighted and you still need permission.
- Read licenses carefully to understand the type of permission they provide. For example, there are many versions of the Creative Commons – each giving different permissions.
What Happens When You Submit Infringing Works to Cobalt Sages Creations?
Any copyright owner following the procedures in this Copyright Policy can require Cobalt Sages Creations to remove his or her copyrighted content in use by a member of Cobalt Sages Creations (yes, this even refers to these words displayed here in the event the original creator wishes them removed and recreated in their entirety by Cobalt Sages Creations as well as other Terms provided on this Site). When through the proper notice we become aware that a submission to Cobalt Sages Creations infringes upon the copyrights of another artist, creative person or company, we will immediately delete it. This is a legal requirement which we fulfill immediately; you will not receive an advanced warning and you will not be given an opportunity to ‘fix it’.
If you believe that a submission on Cobalt Sages Creations infringes on your copyright you may either report the submission using our internal reporting system or send us a copyright notice via mail or email. A member of staff will review your notice and act accordingly.
If you believe that one of your submissions was removed in error you may contact our helpdesk or otherwise file a counter notice.
If you are found to repeatedly post infringing content, your account will be suspended and serious offenders will have their account banned and deactivated (when such features become available). We consider three strikes as an indication of being a repeat infringer subject to ban. If you are found deliberately misrepresenting the copyrighted work of another as your own your account will be immediately banned and deactivated.
The copyright owner may also decide to sue you directly if you infringe his or her copyright in posting content to Cobalt Sages Creations.
What about “Fair Use”
“Fair Use” is the notion that some public and private uses of copyrighted works should not require the permission of a copyright owner. These circumstances are very limited, complex to analyze under the law and require the help of expert advice from a lawyer. We recommend you talk to your own lawyer if you want to know more about fair use as it applies to the work you are doing. If it turns out that it isn’t fair use, you may be liable for very serious money damages.
To learn more about fair use you can go here, here, here, and here.
If you take my work down am I protected from a lawsuit?
No. Even if Cobalt Sages Creations takes an infringing work down, you may still be responsible for very significant damages if the copyright owner decides to sue you.
Notification of Copyright Infringement
Instructions for Copyright Owners
This section contains the formal requirements of the Copyright Act with respect to the rights of copyright owners whose content appears on Cobalt Sages Creations without authorization and instruction to copyright owners.
To file a copyright infringement notification with Cobalt Sages Creations (also commonly known as a “DMCA takedown notice”), the copyright owner or an authorized agent acting on his or her behalf will need to send a written communication that includes substantially the following:
1. A physical or electronic signature of the copyright owner or of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. In this regard please provide URLs when you identify the location of the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To file a takedown notice, you may use send a written notice by mail or by PDF attached to an email to Cobalt Sages Creations as follows:
Cobalt Sages Creations
Jacob Earl Talley
211 Craig Drive
Athens Texas 75751
United States of America
All members of the Cobalt Sages Creations 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.
Prohibited commentary is typically considered to be inherently disrespectful, aggressive, or otherwise abusive.
We must insist that you refrain from comments which are racist, bigoted, or which otherwise offensively target a philosophy or religion. In addition we ask that our members avoid making offensive remarks based on gender or sexual preference and that you do not make any remark, comment or critique which is intended to be a direct insult to an individual, group, or genre of artwork. Hate propaganda is met with zero tolerance. Comments which are overly aggressive, personally insulting or needlessly abusive are also prohibited.
If you feel that you have been the target of harassment, personal insults or other severe behavior please notify the staff by email firstname.lastname@example.org . Please be aware that the staff will only directly intervene in cases which are considered severe; minor situations may be dealt with using tools made available to all registered members.
Discouraged commentary is typically considered to have the potential to escalate into an aggressive or abusive situation.
While not strictly prohibited we must insist that all personal arguments, disagreements, and other volatile “personal” issues within be confined to private communications such as Notes, emails, or Instant Messaging programs. Likewise, we discourage public accusations and other similar situations; please bring all issues of this nature to the attention of the staff by notifying the official Cobalt Sages Creations helpdesk.
Exploitive commentary is typically considered to be disruptive due to unusual or unique factors.
Do not ‘spam’ (send large numbers of identical notes or comments). Spamming is obnoxious and is typically used for self-promotion, or other unwanted advertising.
Do not ‘flood’ (place large numbers of comments rapidly on a single page or craft a single comment which consumes a large amount of page space) the forums, notes system, userpages or other areas of the site (when such features become available). Flooding usually disrupts page loading times and serves no useful purpose.
Respect Your Fellow Artists and Storytellers
As a vibrant and growing art community Cobalt Sages Creations welcomes all kinds of original artworks; but we MUST insist that the artwork which you submit be your own original works.
Your works must be your own original creations and you may only use resources which are considered legitimate and legal. Submissions which make use of works without proper permission or licensing by the original author will be removed as they come to the attention of the staff. This policy applies to all work.
If you have reason to believe that a Cobalt Sages Creations submission violates this policy you should email email@example.com.
When we discuss mature content we are specifically referring to works 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.
Cobalt Sages Creations 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.
This section applies only to avatars which you personally use for your account; avatars submitted into a Cobalt Sages Creations gallery or to your Scrapbook (when such features become available) must still conform to all official policies without exception but are not subjected to the restrictions below.
Avatars used to represent your account on site are granted more leniency than standard site submissions. You may freely use material and resources with only the restrictions outlined as follows;
- Your avatar should not contain nudity of any sort.
- You may not use avatars specifically created by other users without their explicit permission.
- If your avatar contains a portion of a work made by another artist it will be removed by staff at the request of the original artist.
- In all other respects your avatar must conform to the guidelines set above in regards to hate propaganda.
Appeals and Inquiries
Appeals, inquiries, or questions concerning work removals, violation notices, account suspensions, or other administrative actions should be addressed to the official Cobalt Sages Creations email
Under the terms of the non-exclusive license you have obtained by purchasing this stock art:
You may use the image or images included in this purchase for a single use for either print or web, along with advertising. This may be for a personal, commercial, or editorial use. This could include a book, PDF, or other publication also containing written content within it. Multiple pieces of art for a single use, as described previously, are available by contacting Cobalt Sages Creations.
You may change the size of the image, change the color to greyscale, and you may crop the image. However, if there exists an artist signature and you crop it out or edit the image in the above ways such as to make that signature illegible, you must include the copyright symbol followed by “Cobalt Sages Creations” without the quotation marks within one-half inch of the image in proximity (example provided below).
Cobalt Sages Creations
You may not use the image or images for individual or a collection of physical or digital merchandise or promotional items, which you offer to be sold, such as but not limited to shirts, digital or physical greeting cards, drinking mugs, prints, posters, and so forth.
You are not allowed to use these images in whole or in part as a trademark, logo, service mark, or other identification of origin, or as a part of, or to otherwise endorse or imply the endorsement of any goods and/or services.
You may not sublicense, resell, sell, lease, or otherwise transfer these images to another individual, group, entity, or third party either permanently or temporarily. This includes any format.
If the image or images are used in a publication (digital, print, or otherwise) you must include the following statement in the credits:
Some artwork Cobalt Sages Creations, used with permission. All rights reserved. (followed by the artist’s name)
Cobalt Sages Creations retains the right to sell the use of this image without limitation. Except for your right to make use of the image or images in the manner identified in this license, all other rights, title, and interest in the images and related trademarks and trade names are owned in whole or by the representation of the artist by Cobalt Sages Creations.
This agreement will end immediately and automatically without notice if you fail to comply with any term or condition in this agreement. If this agreement is terminated, you agree to destroy (fully) all copies of the material you have in your possession including products or publications in which you have used the image or images.
If you have received access to this image by virtue of a stated “personal” license, you may not use the image for any other purpose than a personal use that does not generate income in any way shape or form. If you intend to make use of this for any other use, you must make a purchase of it via a storefront.
If you have received access to this image by virtue of a purchased through DTRPG or other storefront, you have one use (as described above) of the image.
If you have received access to this image by virtue of a Patreon membership reward, you have unlimited uses of the images that are released on Patreon during months in which you are an active member within the above restricted purposes for commercial, personal, and editorial use from the point in time in which you become an active patron. If you redeem credits for an image while you are an active patron you also have unlimited uses of the image as if it was released while you were an active patron. If you have not used an image that has released while you are a patron and you cease being a patron, you are authorized a single use of that image as if you made a single purchase via a storefront. If you have redeemed a credit for access to an image but not yet used the image when you cease being a patron you also are authorized a single use of that image as is you made a single purchase via a storefront. If you redeem a credit while not an active patron you also are authorized a single use of that image as is you made a single purchase via a storefront.
You acknowledge that you have read, understand, and agree to be bound by the terms and conditions of this agreement.
Any questions should be forwarded to Cobalt Sages Creations by emailing firstname.lastname@example.org