OpenSimWorld Terms and Conditions

  1. Acceptance of our Terms

    OpenSimWorld provides a collection of online resources, (referred to as "the Service") subject to the Terms of Use ("Terms"), which may be updated by OpenSimWorld at any time. OpenSimWorld will provide notice of significant changes to the Term by posting this notice on the OpenSimWorld website. By using the website in any way, you agree to comply with these Terms. Addditionally, when using particular OpenSimWorld services, you agree to conform to any applicable posted guidelines for all OpenSimWorld services, which may change periodically. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with OpenSimWorld in any way, your only choice is to immediately discontinue use of OpenSimWorld.

  2. Content

    You understand that all listings, messages, comments, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you upload, email or otherwise make available via the Service. You understand that OpenSimWorld does not control, and is not responsible for Content made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the OpenSimWorld site and Content available through the website may contain links to other websites, which are completely unrelated to OpenSimWorld. OpenSimWorld makes no representation or
    guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other websites is at your completely own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will OpenSimWorld be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service. You acknowledge that OpenSimWorld does not pre-screen or approve Content, but that OpenSimWorld will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the spirit of the site or the Terms or for any other reason.

  3. Notification of Claims of Infringement

    If you believe that your work has been copied in a way that infringes copyright, or your intellectual property rights have been otherwise violated, please notify a OpenSimWorld agent for notice of claims of copyright or other intellectual property infringement ("Agent"), via the customer care links on OpenSimWorld.

    Please provide our representatives with the following Notice:
    1. Identify the copyrighted work or other intellectual property that you claim has been infringed upon;
    2. Identify the content on the OpenSimWorld site that you claim is infringing, with enough detail so that we may locate it on the website;
    3. A statement by you that you have good reason that the disputed use is not authorised by the copyright owner, its agent, or the law;
    4. A statement by you declaring (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner;
    5. Your address, telephone number, and email address; and
    6. Your physical or internet/electronic signature.

    OpenSimWorld will remove the infringing item(s).


  4. Conduct

    You agree not to post, email, or otherwise make available Content:

    * that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
    * that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    * that impersonates any person or entity, including, but not limited to, a OpenSimWorld employee, or falsely states or otherwise misrepresents your
    affiliation with a person or entity;
    * that includes personal or identifying information about another person without that person's explicit consent.
    * that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
    * that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to
    make available under any law or under contractual or fiduciary relationships.
    * that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
    commercial advertisement.
    * that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the OpenSimWorld sites which are not designated for such
    purposes; or (2) emailed to OpenSimWorld users who have requested not to be contacted about other services, products or commercial interests.
    * that includes links to commercial services or web sites, except as allowed in "services".
    * that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without
    limitation items the sale of which is prohibited or regulated by California law - a partial list of these is provided for your convenience
    * that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any
    computer software or hardware or telecommunications equipment;
    * that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
    * that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

    Additionally, you agree not to:

    * contact anyone who has asked not to be contacted;
    * "stalk" or otherwise harrass anyone;
    * collect personal data about other users for commercial or unlawful purposes;
    * use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
    * post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
    * post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
    * attempt to gain unauthorized access to OpenSimWorld's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the OpenSimWorld website.

  5. No Spam Policy

    You understand and agree that sending unsolicited email advertisements to OpenSimWorld email addresses or through OpenSimWorld computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of OpenSimWorld computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ยง 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

  6. Limitations on service

    You acknowledge that OpenSimWorld may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that OpenSimWorld has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that OpenSimWorld reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that OpenSimWorld shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  7. Termination of service

    You agree that OpenSimWorld, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if OpenSimWorld believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that OpenSimWorld shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.

  8. Dealings with organizations and individuals

    Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that OpenSimWorld shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that OpenSimWorld is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release OpenSimWorld, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

  9. Proprietary rights

    The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. OpenSimWorld is a registered mark in the U.S. Patent and Trademark Office. Although OpenSimWorld does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to OpenSimWorld an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
    copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

  10. Disclaimer of Warranties

    YOU AGREE THAT USE OF THE OpenSimWorld SITE AND THE SERVICE IS ENTIRELY AT YOUR
    OWN RISK. THE OpenSimWorld SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OpenSimWorld DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE OpenSimWorld SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, OpenSimWorld DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE OpenSimWorld SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE OpenSimWorld SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, OpenSimWorld DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE OpenSimWorld SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

  11. Limitations of Liability

    UNDER NO CIRCUMSTANCES SHALL OpenSimWorld BE LIABLE FOR DIRECT, INDIRECT,
    INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OpenSimWorld HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE OpenSimWorld SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE OpenSimWorld SITE OR THE SERVICE, FROM INABILITY TO USE THE OpenSimWorld SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE OpenSimWorld SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OpenSimWorld SITE OR THE SERVICE OR ANY LINKS ON THE OpenSimWorld SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OpenSimWorld SITE OR THE SERVICE OR ANY LINKS ON THE OpenSimWorld SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

  12. Indemnity

    You agree to indemnify and hold OpenSimWorld, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

  13. General information

    The Terms constitute the entire agreement between you and OpenSimWorld and govern your use of the Service, superceding any prior agreements between you and OpenSimWorld. The Terms and the relationship between you and OpenSimWorld shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and OpenSimWorld agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of OpenSimWorld to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  14. Violations of Terms and Liquidated Damages

    Please report any violations of the Terms, by notifying us for abuse of terms. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.