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NET303 Policy Primer

      Jocelyn Peucker, 2011
Terms of Use, Privacy and Conduct

  NET303 - Kongregate Policy Primer by Jocelyn Peucker is licensed under a Creative Commons
                Attribution-NonCommercial-ShareAlike 3.0 Australia License.
Kongregate is an
online free-
gaming
platform, that is
self-proclaimed
as “one of the
best game
portals”
(Kongregate, 201
1a).

                    Image ‘Coaster Racer’ shared by Melhores Jogo (2010)
At any one time, over 56,000 users could be
   playing any of the 49,000+ free games!




     Screen capture by J. Peucker (Kongregate, 2011d)
At Kongregate (2011a) you can ...


 a. Play-for-free any of the 49,000+ games

        b. Join its online community

    c. Earn badges and challenge friends

d. Upload your own flash created games (and
               make money)
And registration is easy ...


    You can register in less than
    a minute and you “agree to
      adhere to our Terms of
              Service”
       (Kongregate, 2011b)
But you must be
at least 13 years
old (Kongregate
2011c).



                    Image ‘Baby Bearded Dragon’ shared by Brenbot (2008)
Screen capture by J. Peucker (Kongregate, 2011e)
But how many
actually read and
understand it?

And if you did, it
would definitely take
longer than a minute
to register.
                        Screen capture by J. Peucker (Kongregate, 2011e)
• Kongregate’s “Terms of Service” is also titled
  as “Terms of Use”

• Using the Kongregate site is conditional to
  “your use of any account you create at the
  Site” (Kongregate, 2011c).

• If you don’t understand them, then you could
  find yourself in a spot of bother.
What do the
                                            terms mean?



Image ‘Dictionary’ shared by enter (2005)
Content
This section is about the site – not your user-
added content, such as discussion forums
content and online active chats.

Basically, as a member, everything you see
(games, icons, images etc.) belongs to
Kongregate and its third-party licensors.
Just because you can play the games ...
does NOT mean you OWN the game!




    Image ‘ Streetart’ shared by Karl and Foto (2011)
As a member, you
cannot sell any of the
games or other site
content to anyone
(not even your best
friend – or enemy)



                         Image ‘...ever!’ shared by Gwen Harlow (2005)
Posting User Content
This section is about you, and what you can
  do on the Kongregate site as a member.




       Screen capture by J. Peucker (Kongregate, 2011g)
Subject to
Kongregate’s
“Terms”, you may be
able to ...

Chat with others and
submit
text, files, images, ph
otos, videos, sounds,
and more
                          Image ‘Internet’ shared by Deepakgajjar (2009)
BUT.....

                                                 Be careful what you
                                                 do and how you do
                                                          it!

Image ‘warning sign icon’ shared by The People
        from the Tango Project (2007)
Your ‘Freedom of Expression’ is limited.

  By creating an account, you automatically
agree to play   nice with all the other users.
Therefore, if you post any content that is ...

“unlawful, harmful, tortuous, defamatory, libellous, o
bscene, invasive of the privacy of another
person, threatening, harassing, abusive, hateful, racis
t, infringing, or otherwise objectionable or
inappropriate” (Kongregate, 2011c)

... then your account may be deleted and you
will lose access to the site.
Other user
                                                           content limitations
                                                           include ...




Image ‘Joshua Tree National Park: Climber on Driving Limitations (5.8) on Billboard
Buttress at Indian Cove’ shared by Jarek Tuszynski (2008)
No Violations of
Third Party Rights –
DON’T upload
content that is NOT
yours!


                       Image ‘No Legal Threats’ shared by Audriusa (2006)
No viruses,
No corrupting files, and ...
No cheats




   Image ‘Game cheats’ shared by Bousure (2010)
Do not share your account with others, either
temporarily or permanently




          Image ‘Sharing’ shared by Andy Woo (2006)
The Kongregate team are not gods.

They usually do not pre-approve postings.

If you are being abusive in any way, other
members can report you (and you really don’t
want that to happen) so, again ... play nice with
others.

If you happen to see others abusing the
“Terms”, you can report them.
“YOU are responsible
                                                    for YOUR User
                                                       Content”
                                                 (Kongregate, 2011c).



Image ‘Danity Kane’ shared by NYCAuthor (2006)
Nothing
   is
PRIVATE


          Image ‘Private’ by synx508 (2009)
The nature of this Site is interactive
    and public (Kongregate, 2011c).




Image ‘Interactive urban media public game’ by Aram Bartholl (2006)
“Any materials, ideas or other
communications you transmit in any
 manner and for any reason will not
    be treated as confidential or
 proprietary” (Kongregate, 2011c).
As a member, you retain ownership
to everything you post and you can
still use your OWN content in any
way that you choose.
However, as a
                                                member, you authorise
                                                Kongregate to publish
                                                your content
                                                     anywhere, and
                                                         any time
Image ‘Crystal Clear App Icon’ by Everaldo      whilst your content is
Coelho and YellowIcon (2007) shared by Pngbot
                                                online.
As long as....

the content published does not violate
the “Terms” nor does it “violate the
privacy rights, publicity
rights, copyrights, contract rights or any
other rights of any person”
(Kongregate, 2011c).
You retain the right to
delete your own content
at any time.
Account Termination/No Ownership of Account

     You have NO ownerships rights to your account.

   Your account and your content may be deleted at any
                         time...

                     without notice ...

           especially if you violate their “Terms”.

    Kongregate is not liable for any loss of your content
So ....

  Play nice

and have FUN!

                Image ‘Boombot - Completed Level
                  50’ shared by Andy Baio (2008)
References
Audriusa. (2006). No Legal Threats. [Image]. Retrieved from
      http://commons.wikimedia.org/wiki/File:No_legal_threats.png
Baio, A. (2008). Boombot - Completed Level 50. [Image]. Retrieved from
      http://www.flickr.com/photos/waxpancake/2793366769/
Bartholl, A. (2006). Interactive urban media public game [Image]. Retrieved
      from http://www.flickr.com/photos/bartholl/241608120/
Bousure. (2010). Game cheats. [Image]. Retrieved from
      http://www.flickr.com/photos/30430801@N06/4394862346/
Brenbot. (2008). Baby Bearded Dragon. [Image]. Retrieved from
      http://www.flickr.com/photos/brenbot/2721079251/
Coelho, E.& YellowIcon. (2007). Crystal Clear App Icon. Shared by Pngbot.
      [Image]. Retrieved from
     http://commons.wikimedia.org/wiki/File:Crystal_Clear_app_Internet_Connection_Tools.png
Deepakgajjar. (2009). Internet. [Image]. Retrieved from
      http://technology.desktopnexus.com/wallpaper/89537/
Enter. (2005). Dictionary. [Image]. Retrieved from
      http://www.flickr.com/photos/enter/11960491/
Harlow, G. (2005). ...ever!. [Image]. Retrieved from
      http://www.flickr.com/photos/gwen/46257591/
Jogo, M. (2010). Coaster Racer - img 01. [Image]. Retrieved from
      http://www.flickr.com/photos/seletopo/5196239659/
Karl & Foto. (2011). Streetart. [Image]. Retrieved from
      http://www.flickr.com/photos/karlundfoto/6039281586/
Kongregate. (2011a). About Kongregate. Retrieved from
      http://www.kongregate.com/pages/about
Kongregate. (2011b). Sign up free! Earn points and badges in thousands
      of games. Retrieved from http://www.kongregate.com/accounts/new
Kongregate. (2011c). Kongregate Terms of Use. Retrieved from
      http://www.kongregate.com/pages/terms
Kongregate. (2011d). over 56,000 users could be playing any of the 49,000+.
      [Image]. Screen capture by J. Peucker – 23rd October 2011. Retrieved
       from     http://www.kongregate.com/
Kongregate. (2011e). Kongregate Sign In. [Image]. Screen capture by J.
     Peucker – 23rd October 2011. Retrieved from
     http://www.kongregate.com/accounts/new
Kongregate. (2011f). Kongregate Terms of Use. [Image]. Screen capture by J.
     Peucker – 23rd October 2011. Retrieved from
     http://www.kongregate.com/accounts/new
Kongregate. (2011f). Kongregate Forums. [Image]. Screen capture by J.
     Peucker – 23rd October 2011. Retrieved from
     http://www.kongregate.com/forums
NYCAuthor. (2006). Danity Kane - Here's pointing at you, baby. [Image].
     Retrieved from http://www.flickr.com/photos/nycarthur/274968125/
synx508. (2009). Private. [Image] Retrieved from
     http://www.flickr.com/photos/synx508/3313646977/
The People from the Tango Project. (2007). Warning sign icon. [Image].
     Retrieved from http://commons.wikimedia.org/wiki/File:Dialog-warning.svg
Tuszynski, J. (2008). Joshua Tree National Park: Climber on Driving
     Limitations (5.8) on Billboard Buttress at Indian Cove. [Image].
     Retrieved from http://commons.wikimedia.org/wiki/File:Joshua_Tree_-_Driving_Limitations.jpg
Woo, A. (2006). Sharing. [Image] Retrieved from
       http://www.flickr.com/photos/wooandy/220929743/

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Net303 policy primer

  • 1. NET303 Policy Primer Jocelyn Peucker, 2011 Terms of Use, Privacy and Conduct NET303 - Kongregate Policy Primer by Jocelyn Peucker is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Australia License.
  • 2. Kongregate is an online free- gaming platform, that is self-proclaimed as “one of the best game portals” (Kongregate, 201 1a). Image ‘Coaster Racer’ shared by Melhores Jogo (2010)
  • 3. At any one time, over 56,000 users could be playing any of the 49,000+ free games! Screen capture by J. Peucker (Kongregate, 2011d)
  • 4. At Kongregate (2011a) you can ... a. Play-for-free any of the 49,000+ games b. Join its online community c. Earn badges and challenge friends d. Upload your own flash created games (and make money)
  • 5. And registration is easy ... You can register in less than a minute and you “agree to adhere to our Terms of Service” (Kongregate, 2011b)
  • 6. But you must be at least 13 years old (Kongregate 2011c). Image ‘Baby Bearded Dragon’ shared by Brenbot (2008)
  • 7. Screen capture by J. Peucker (Kongregate, 2011e)
  • 8. But how many actually read and understand it? And if you did, it would definitely take longer than a minute to register. Screen capture by J. Peucker (Kongregate, 2011e)
  • 9. • Kongregate’s “Terms of Service” is also titled as “Terms of Use” • Using the Kongregate site is conditional to “your use of any account you create at the Site” (Kongregate, 2011c). • If you don’t understand them, then you could find yourself in a spot of bother.
  • 10. What do the terms mean? Image ‘Dictionary’ shared by enter (2005)
  • 11. Content This section is about the site – not your user- added content, such as discussion forums content and online active chats. Basically, as a member, everything you see (games, icons, images etc.) belongs to Kongregate and its third-party licensors.
  • 12. Just because you can play the games ... does NOT mean you OWN the game! Image ‘ Streetart’ shared by Karl and Foto (2011)
  • 13. As a member, you cannot sell any of the games or other site content to anyone (not even your best friend – or enemy) Image ‘...ever!’ shared by Gwen Harlow (2005)
  • 14. Posting User Content This section is about you, and what you can do on the Kongregate site as a member. Screen capture by J. Peucker (Kongregate, 2011g)
  • 15. Subject to Kongregate’s “Terms”, you may be able to ... Chat with others and submit text, files, images, ph otos, videos, sounds, and more Image ‘Internet’ shared by Deepakgajjar (2009)
  • 16. BUT..... Be careful what you do and how you do it! Image ‘warning sign icon’ shared by The People from the Tango Project (2007)
  • 17. Your ‘Freedom of Expression’ is limited. By creating an account, you automatically agree to play nice with all the other users.
  • 18. Therefore, if you post any content that is ... “unlawful, harmful, tortuous, defamatory, libellous, o bscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racis t, infringing, or otherwise objectionable or inappropriate” (Kongregate, 2011c) ... then your account may be deleted and you will lose access to the site.
  • 19. Other user content limitations include ... Image ‘Joshua Tree National Park: Climber on Driving Limitations (5.8) on Billboard Buttress at Indian Cove’ shared by Jarek Tuszynski (2008)
  • 20. No Violations of Third Party Rights – DON’T upload content that is NOT yours! Image ‘No Legal Threats’ shared by Audriusa (2006)
  • 21. No viruses, No corrupting files, and ... No cheats Image ‘Game cheats’ shared by Bousure (2010)
  • 22. Do not share your account with others, either temporarily or permanently Image ‘Sharing’ shared by Andy Woo (2006)
  • 23. The Kongregate team are not gods. They usually do not pre-approve postings. If you are being abusive in any way, other members can report you (and you really don’t want that to happen) so, again ... play nice with others. If you happen to see others abusing the “Terms”, you can report them.
  • 24. “YOU are responsible for YOUR User Content” (Kongregate, 2011c). Image ‘Danity Kane’ shared by NYCAuthor (2006)
  • 25. Nothing is PRIVATE Image ‘Private’ by synx508 (2009)
  • 26. The nature of this Site is interactive and public (Kongregate, 2011c). Image ‘Interactive urban media public game’ by Aram Bartholl (2006)
  • 27. “Any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary” (Kongregate, 2011c).
  • 28. As a member, you retain ownership to everything you post and you can still use your OWN content in any way that you choose.
  • 29. However, as a member, you authorise Kongregate to publish your content anywhere, and any time Image ‘Crystal Clear App Icon’ by Everaldo whilst your content is Coelho and YellowIcon (2007) shared by Pngbot online.
  • 30. As long as.... the content published does not violate the “Terms” nor does it “violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person” (Kongregate, 2011c).
  • 31. You retain the right to delete your own content at any time.
  • 32. Account Termination/No Ownership of Account You have NO ownerships rights to your account. Your account and your content may be deleted at any time... without notice ... especially if you violate their “Terms”. Kongregate is not liable for any loss of your content
  • 33. So .... Play nice and have FUN! Image ‘Boombot - Completed Level 50’ shared by Andy Baio (2008)
  • 34. References Audriusa. (2006). No Legal Threats. [Image]. Retrieved from http://commons.wikimedia.org/wiki/File:No_legal_threats.png Baio, A. (2008). Boombot - Completed Level 50. [Image]. Retrieved from http://www.flickr.com/photos/waxpancake/2793366769/ Bartholl, A. (2006). Interactive urban media public game [Image]. Retrieved from http://www.flickr.com/photos/bartholl/241608120/ Bousure. (2010). Game cheats. [Image]. Retrieved from http://www.flickr.com/photos/30430801@N06/4394862346/ Brenbot. (2008). Baby Bearded Dragon. [Image]. Retrieved from http://www.flickr.com/photos/brenbot/2721079251/ Coelho, E.& YellowIcon. (2007). Crystal Clear App Icon. Shared by Pngbot. [Image]. Retrieved from http://commons.wikimedia.org/wiki/File:Crystal_Clear_app_Internet_Connection_Tools.png
  • 35. Deepakgajjar. (2009). Internet. [Image]. Retrieved from http://technology.desktopnexus.com/wallpaper/89537/ Enter. (2005). Dictionary. [Image]. Retrieved from http://www.flickr.com/photos/enter/11960491/ Harlow, G. (2005). ...ever!. [Image]. Retrieved from http://www.flickr.com/photos/gwen/46257591/ Jogo, M. (2010). Coaster Racer - img 01. [Image]. Retrieved from http://www.flickr.com/photos/seletopo/5196239659/ Karl & Foto. (2011). Streetart. [Image]. Retrieved from http://www.flickr.com/photos/karlundfoto/6039281586/ Kongregate. (2011a). About Kongregate. Retrieved from http://www.kongregate.com/pages/about Kongregate. (2011b). Sign up free! Earn points and badges in thousands of games. Retrieved from http://www.kongregate.com/accounts/new Kongregate. (2011c). Kongregate Terms of Use. Retrieved from http://www.kongregate.com/pages/terms Kongregate. (2011d). over 56,000 users could be playing any of the 49,000+. [Image]. Screen capture by J. Peucker – 23rd October 2011. Retrieved from http://www.kongregate.com/
  • 36. Kongregate. (2011e). Kongregate Sign In. [Image]. Screen capture by J. Peucker – 23rd October 2011. Retrieved from http://www.kongregate.com/accounts/new Kongregate. (2011f). Kongregate Terms of Use. [Image]. Screen capture by J. Peucker – 23rd October 2011. Retrieved from http://www.kongregate.com/accounts/new Kongregate. (2011f). Kongregate Forums. [Image]. Screen capture by J. Peucker – 23rd October 2011. Retrieved from http://www.kongregate.com/forums NYCAuthor. (2006). Danity Kane - Here's pointing at you, baby. [Image]. Retrieved from http://www.flickr.com/photos/nycarthur/274968125/ synx508. (2009). Private. [Image] Retrieved from http://www.flickr.com/photos/synx508/3313646977/ The People from the Tango Project. (2007). Warning sign icon. [Image]. Retrieved from http://commons.wikimedia.org/wiki/File:Dialog-warning.svg
  • 37. Tuszynski, J. (2008). Joshua Tree National Park: Climber on Driving Limitations (5.8) on Billboard Buttress at Indian Cove. [Image]. Retrieved from http://commons.wikimedia.org/wiki/File:Joshua_Tree_-_Driving_Limitations.jpg Woo, A. (2006). Sharing. [Image] Retrieved from http://www.flickr.com/photos/wooandy/220929743/