TERMS OF SERVICE
This agreement (the "Agreement" or the "Terms") describes the terms on which AviTron Virtual World and its wholly-owned subsidiaries you access to its interactive entertainment products and services.
By using the Service (as defined below), you agree to and accept these Terms, including important dispute resolution procedures and all policies and terms linked to or otherwise referenced herein, all of which are incorporated into this Agreement. If you do not so agree, you should decline this Agreement, in which case you are prohibited from accessing or using the Service.
TABLE OF CONTENTS
This Agreement includes both the terms above and the following sections, which you may jump to directly by selecting the appropriate link below. The headings and subheadings are for your convenience only -- you are responsible for reviewing all sections, defined terms and related links in their entirety to ensure you fully understand this Agreement.
1. ONLINE SERVICE
1.1 Defined Terms
"Account" means the entirety of your contractual rights and obligations under this Agreement associated with a particular Account Name (defined below) you have selected for accessing the Service.
"Account Name" means a name to identify yourself to AviTron Virtual World staff in connection with your Account for each Product.
"Content" means any works of authorship, creative works, graphics, images, textures, photos, logos, video, audio, text, and interactive features.
"Intellectual Property Rights" means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights and other intellectual property rights or proprietary rights recognized by law.
"Internet Device" means a personal computer, mobile phone or other wireless or internet-enabled device.
"AviTron Virtual World Content" is the Content provided to you in connection with the Service, including, but not limited to Content we created or licensed from third parties subject to the license set forth herein.
"Payment Service Provider" means a third party payment service provider as contracted by AviTron Virtual World in its sole discretion.
"Product" means any interactive entertainment product or software provided to you by AviTron Virtual World, each of which shall be further governed by an applicable product-specific policy (each a "Product Policy").
"Servers" are the online environments that support the Service, including without limitation: the server computation, electronic data storage, software access, messaging and protocols that simulate the Service.
"Service" means all features, applications, content and downloads offered by Linden Lab, including its Websites, Servers, Software, AviTron Virtual World Content, and User Content as those terms are defined herein.
"Software" is the software provided to you by AviTron Virtual World and/or its suppliers under license in connection with the Service, including but not limited to the software for accessing the Service and any other communication software, whether facilitating text-based, chat-based, voice, audio or other communication, within or outside of the Service, and any application program interfaces (the "APIs") for use with the Service.
"User Content" means any Content that a user of the Service has uploaded, published, or submitted to or through the Servers, Websites or other areas of the Service.
"Virtual Space" is virtual space that is stored on our Servers and made available in the form of virtual units.
"Websites" are the websites and services available from the domain and subdomains of AviTron Virtual World and any related entity or successor domains from which AviTron Virtual World may offer the Service.
1.2 The Service exists only as long as and in the form that we may provide the Service, and all aspects of the Service, including your User Content, are subject to change or elimination.
AviTron Virtual World has the right to change, limit access to, and/or eliminate any aspect(s), feature(s) or functionality of the Service (including your User Content) as it sees fit at any time without notice, and AviTron Virtual World makes no commitment, express or implied, to maintain or continue, or to permit open access to, any aspect of the Service. You acknowledge that your use of the Service is subject to this risk and that you knowingly assume it and make your decisions to participate in the Service, contribute Content and spend your money accordingly.
AviTron Virtual World may, but will not have the obligation to, display, maintain, or otherwise make use of, any of your User Content, and AviTron Virtual World may, in its sole discretion, modify, delete, or otherwise make use of User Content without notice or any liability to you or any third party. AviTron Virtual World reserves the right to treat User Content on the Service as content stored at the direction of users for which Linden Lab will not exercise control except to block or remove content that comes to AviTron Virtual World attention and is offensive, obscene, abusive, illegal or otherwise objectionable to AviTron Virtual World, or to enforce the rights of third parties or the content restrictions set forth below (in Sections 2 and 7), when notice of their violation comes to AviTron Virtual World attention. Such User Content submitted by you or others need not, however, be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Service.
1.3 Your User Content is not confidential; You represent that your Content is original to you (and/or your minor child).
AviTron Virtual World may now or in the future offer users of the Service the opportunity to display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, "submit") User Content. We may do this through forums, blogs, message boards, social networking environments, social communities, e-mail and other functionality. Subject to the rights and license you grant in this Agreement, you retain whatever legally cognizable right, title and interest that you have in your User Content.
Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content, (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant AviTron Virtual World the rights to it that you are granting by this Agreement and any Additional Terms (as defined in Section 2.2 below), all without any Linden Lab obligation to obtain consent of any third party and without creating any obligation or liability of AviTron Virtual World; (b) the User Content is accurate; (c) the User Content does not and, as to Linden Lab's permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate this Agreement or any Additional Terms, or cause injury or harm to any person.
Please remember that the Service is a public forum and User Content that you submit will be accessible to and viewable by other users. Except as may be required to register and/or maintain your Account, do not submit personally identifiable information (e.g. first and last name together, password, phone number, address, credit or debit card number, medical information, e-mail address, or other contact information) on the Service.
1.4 AviTron Virtual World is a service provider and is not responsible or liable for the Content, conduct, or services of users or third parties.
You understand that AviTron Virtual World is a service provider that enables its users to interact online and display and communicate information and Content chosen by those users. AviTron Virtual World does not control or endorse the Content of communications between users or users' interactions with each other or the Service.
You acknowledge that you will be exposed to various aspects of the Service involving the conduct, Content, and services of users, and that AviTron Virtual World does not control and is not responsible or liable for the quality, safety, legality, truthfulness or accuracy of any such user conduct, User Content or user services. You acknowledge that Linden Lab does not guarantee the accuracy of information submitted by any user of the Service, nor any identity information about any user. Your interactions with other users and your use of User Content are entirely at your own risk. AviTron Virtual World has no obligation to become involved in any dispute that you may have or claim to have with one or more users of the Service, or in any manner in any resolution thereof.
1.5 The Service is subject to scheduled and unscheduled service interruptions and loss of server data, which you do not own and for which you will not hold us liable.
AviTron Virtual World may on occasion need to interrupt the Service with or without prior notice. You agree that AviTron Virtual World will not be liable for any interruption of the Service (whether intentional or not), and you understand that except as may otherwise be specifically provided in AviTron Virtual World billing policies, posted on applicable areas of the Service and/or Website(s), you will not be entitled to any refunds of fees or other compensation for interruption of service.
Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom. AviTron Virtual World owns the bits and bytes of electronic data stored on its Servers, and accordingly will not be liable for any deletion, corruption or data loss that occurs in connection with the Service. AviTron Virtual World will solely determine any disposition of the electronic data stored on its Servers and will have no obligation to reproduce, process, transfer, extract or recreate any data from its Servers.
2. CONTENT LICENSES AND INTELLECTUAL PROPERTY RIGHTS
2.1 AviTron Virtual World owns Intellectual Property Rights in the Service.
AviTron Virtual World owns Intellectual Property Rights in and to the Service, including but not limited to the AviTron Virtual World Content, Software, the Servers, and the Websites related thereto, and in and to our trademarks, service marks, trade names, logos, domain names, taglines and trade dress. You acknowledge and agree that AviTron Virtual World and its licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, other than with respect to User Content.
You understand and agree that without a written license agreement with AviTron Virtual World, we do not authorize you to make any use of the AviTron Virtual World Marks, including but not limited to "LINDEN," or "LINDEN LAB". Use of the Linden Marks in whole or in part is subject to the guidelines and terms of any applicable license provided in our Trademark Guidelines.
Except as expressly granted in this Agreement, all rights, title and interest in and to the Service, and in and to the AviTron Virtual World Marks are reserved byAviTron Virtual World. Copyright, trademark and other laws of the United States and foreign countries protect the Service and the AviTron Virtual World Marks.
2.2 AviTron Virtual World grants you certain licenses to access and use the Service while you are in compliance with the Terms; Additional terms may apply.
AviTron Virtual World hereby grants you a non-exclusive, non-transferable, non-sublicenseable, limited, personal, revocable license to access and use the Service on an Internet Device as set forth in these Terms and expressly conditioned upon you and each of your Accounts remaining active, in good standing, and in compliance with these Terms. Additional terms may apply to certain elements of the Service ("Additional Terms"); these terms are available where such separate elements are made available through the Service. If there is any contradiction between any Additional Terms and these Terms, then the Additional Terms shall take precedence only in relation to that particular element of the Service. For examples of such Additional Terms, please see Section 12 below.
Use of the Software is subject to these Terms and the terms of any applicable Product Policy provided with such software. If no Product Policy is provided with certain Software, such software is subject to the license terms set forth in this Section. AviTron Virtual World hereby grants you a nonexclusive, non-transferable, non-sublicensable, limited, personal and revocable license to install and use the object code of the Software on any Internet Device that you own or control. You may not charge any third party for using the Software, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation), decompile or attempt to discover the source code of the Software, or create any derivative works of the Software, or otherwise use the Software except as expressly provided in this Agreement.
AviTron Virtual World provides access to AviTron Virtual World Content and hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, personal, revocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the AviTron Virtual World Content solely as permitted through the normal functionality of the Service and under these Terms, except that photographs, images, films, and videos of AviTron Virtual World Content may be used in other areas of and outside the Service only as may be set forth in an applicable Product Policy. To be clear, and without limiting the foregoing, you may not use, reproduce, distribute, prepare derivative works of, display or perform any AviTron Virtual World Content, whether modified by you or not, outside the virtual environment of the Service except as provided in an applicable Product Policy or as expressly agreed upon in a written agreement with AviTron Virtual World. The foregoing license is referred to as a "AviTron Virtual World Content License." You acknowledge that when you receive a AviTron Virtual World Content License you do not acquire ownership of any copies of the Content, or transfer of any copyright or other intellectual property rights in the Content.
2.3 You grant AviTron Virtual World certain licenses to your User Content.
You retain any and all Intellectual Property Rights you already hold under applicable law in Content you upload, publish, and submit to or through the Servers, Websites, and other areas of the Service, subject to the rights, licenses, and other terms of this Agreement, including any underlying rights of other users or AviTron Virtual World in Content that you may use or modify.
In connection with Content you upload, publish, or submit to any part of the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize AviTron Virtual World and users of the Service to use the Content in the manner contemplated by the Service and these Terms.
Because the law may or may not recognize certain Intellectual Property Rights in any particular Content, you should consult a lawyer if you want legal advice regarding your legal rights in a specific situation. You acknowledge and agree that you are responsible for knowing, protecting, and enforcing any Intellectual Property Rights you hold, and that Linden Lab cannot do so on your behalf.
Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration or remuneration for any of the rights granted in this Section.
Except as otherwise described in any Additional Terms (such as a contest's official rules) which will govern the submission of your User Content, you hereby grant to AviTron Virtual World, and you agree to grant to AviTron Virtual World, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and sell, re-sell or sublicense (through multiple levels)(with respect to each Product or otherwise on the Service as permitted by you through your interactions with the Service), and otherwise exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You agree that the license includes the right to copy, analyze and use any of your Content as AviTron Virtual World may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service. The license granted in this Section 2.3 is referred to as the "Service Content License."
AviTron Virtual World has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at AviTron Virtual World's cost and expense, to which you hereby consent and irrevocably appoint AviTron Virtual World as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
2.4 You grant certain Content licenses to other users by submitting your Content to publicly accessible areas of the Service.
You agree that by uploading, publishing, or submitting any Content to any publicly accessible areas of the Service, you hereby grant other users of that aspect of the Service a non-exclusive license to access the User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform the Content on the Service solely as permitted by you through your interactions with the Service under these Terms. This license is referred to as the "User Content License," and the Content being licensed is referred to as "User Content." "Publicly accessible" areas of the Service are those areas that are accessible to other users of that aspect of the Service.
If you do not wish to grant users of the Service a User Content License, you agree that it is your obligation to avoid displaying or making available your Content to other users.
Your interactions with the Service may include use of a permissions system as provided in an applicable Product Policy. Any agreement you make with other users relating to use or access to your Content must be consistent with these Terms and the applicable Product Policy, and no such agreement can abrogate, nullify, void or modify these Terms or the applicable Product Policy.
You acknowledge that when you receive a User Content License you receive only licensing and use rights; therefore, you do not acquire ownership of any copies of the Content, or transfer of any copyright or other Intellectual Property Rights in the Content.
2.5 You also grant AviTron Virtual World and other users of the Service a license to use your Content in snapshots and machinima that is displayed in publicly accessible areas of the Service.
You agree that by uploading, publishing, or submitting any Content to or through the Servers for display in any publicly accessible area of the Service, you hereby grant other users a non-exclusive, worldwide, royalty-free, sublicenseable and transferable license to photograph, capture an image of, film, and record a video of the Content, and to use, reproduce, distribute, prepare derivative works of, display, and perform the resulting photograph, image, film, or video in any current or future media as provided in and subject to the restrictions and requirements of an applicable Product Policy or other policy. The foregoing license is referred to as the "Snapshot and Machinima Content License."
2.6 You may delete copies of your Content from the Service, and the licenses you have granted for the deleted copies will terminate with certain limitations.
Where permitted, you may delete copies or instances of your Content that you have displayed or that are in your Account inventory through the normal functionality of the Service, such as by emptying the trash folder in your Account inventory as applicable. In such event, the licenses granted by you in this Section 2 shall terminate in the manner provided below, but only for those particular copies or instances of Content that you have deleted from the Service.
You acknowledge that this termination will not apply to any other copies or instances of the same Content that you have not specifically deleted from the Service, including without limitation those that may be displayed elsewhere through the Service and those that may be in the Account inventories of other users to whom you transferred copies.
You acknowledge that the Snapshot and Machinima Content License granted to Linden Lab and other users with respect to your Content will survive any such termination.
You also acknowledge that the Service Content License granted to AviTron Virtual World with respect to your Content will survive any such termination solely as follows to permit AviTron Virtual World: (i) to retain server copies of particular instances of your Content, including copies stored in connection with back-up, debugging, and testing procedures; and (ii) to enable the exercise of the licenses granted in this Section 2 for any other copies or instances of the same Content that you have not specifically deleted from the Service, including those that may be displayed elsewhere through the Service or exist in other users' Account inventories.
2.7 You agree to respect the Intellectual Property Rights of other users, AviTron Virtual World, and third parties.
You agree that you will not publish, or submit to any part of the Service, any Content that is protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless you are the owner of such rights or have permission from the rightful owner to upload, publish, or submit the Content and to grant Linden Lab and users of the Service all of the license rights granted in these Terms.
You acknowledge that the Content of the Service is provided or made available to you under license from AviTron Virtual World and independent Content providers, including other users of the Service ("Content Providers"). You acknowledge and agree that except as expressly provided in this Agreement, the Intellectual Property Rights of AviTron Virtual World and other Content Providers in their respective Content are not licensed to you by your mere use of the Service. You must obtain from the applicable Content Providers any necessary license rights in Content that you desire to use or access.
AviTron Virtual World and other Content Providers may use the normal functionality of the Service, including an applicable permissions system and the copy, modify, and transfer settings, to indicate how you may use, reproduce, distribute, prepare derivative works of, display, or perform their respective Content solely through the Service. You acknowledge and agree that the permissions system and other functionality of the Service do not grant you any license, consent, or permission to copy, modify, transfer, or use in any manner any Content outside the Service.
You agree that you will not copy, transfer, or distribute outside the Service any Content that contains any AviTron Virtual World Content, in whole or in part or in modified or unmodified form, except as allowed by an applicable Product Policy or other policy, or that infringes or violates any Intellectual Property Rights of AviTron Virtual World, other Content Providers, or any third parties.
AviTron Virtual World reserves the right, but is not obligated to use technological measures designed to prohibit the copying, transfer, or distribution of Content outside the Service when we in good faith believe that such copying, transfer, or distribution would or might violate the Intellectual Property Rights of our users, AviTron Virtual World, or third parties.
You copy and use Content at your own risk. You are solely responsible and liable for your use, reproduction, distribution, modification, display, or performance of any Content in violation of any Intellectual Property Rights. You agree that AviTron Virtual World will have no liability for, and you agree to defend, indemnify, and hold AviTron Virtual World harmless for, any claims, losses or damages arising out of or in connection with your use, reproduction, distribution, modification, display, or performance of any Content.
3. ELIGIBILITY TO USE THE SERVICE
3.1 Age Requirements for the Service.
By accepting this Agreement, you represent that you are at least eighteen (18) years of age (or the legal age of majority in your jurisdiction, if greater) and you have the legal authority to enter into this Agreement. If you are less than eighteen (18) years of age (or the legal age of majority in your jurisdiction, if greater), then your parent or legal guardian must read and accept this Agreement, your use of the Service, participating in the Service, and providing any personal information in connection with the Service on your behalf.
3.2 Age Requirements for Use of Areas of the Service, Software, and Content.
Certain Software, Content, or areas of the Service may be subject to certain age requirements, as specified in an applicable Product Policy. By using or accessing such Software, Content, or areas of the Service, you represent that you satisfy the age requirements set forth in the applicable Product Policy.
When a child under the age of thirteen (13) contacts AviTron Virtual World, for example, to participate in a contest or to ask a question, we may collect that child's email address and the e-mail address of the child's parent or guardian. We will use the child's e-mail address only for the purpose for which it was collected, and we will use the e-mail address of the parent(s) or guardian(s) only to provide notification about the child's contact with us, and to provide notification of the types and uses of personal data collected, if and as required by law.
As a parent or guardian of a child under the age of thirteen (13) from whom we have collected personal data, you have the right to review and request deletion of such personal data, and to refuse to permit further collection or use of such personal data. Parents and guardians who wish to review personal data concerning their child(ren) will be required to specify the usernames and passwords of the child(ren) concerned, and to provide their own e-mail address for verification and contact purposes.
We cannot and will not establish conditions that will require or encourage children to disclose personal data over and above what is reasonably necessary to participate in any activity features on our web sites.
Children under thirteen (13) years of age are allowed to participate in contests. However, if such a child wins, notification will be sent to the parent or guardian's e-mail address (provided by the child when he/she enters the contest). Also, we will not ask the child for any personal data beyond e-mail addresses without obtaining prior parental consent. Any personal data obtained from children and parents during contests will be kept until the contest ends and prizes are delivered, and then it will be deleted.
If any online activity offered by us will allow children under the age of thirteen (13) to reveal personal data publicly (for example via un-moderated forums), we will obtain parental consent before allowing the child to participate.
3.3 Requirements for Corporate Users and Sponsoring Organizations.
If you are using the Service on behalf of a company, organization or other legal entity (collectively, "User Organization"), you represent and warrant that you are an employee of that User Organization or other person authorized to do so.
3.4 Other Eligibility Requirements for Use of the Service.
You may not use the Service (i) if you have been terminated from the Service by AviTron Virtual World (including, for avoidance of doubt, if any Account of yours has been terminated); or (ii) at any time if you are a person barred from receiving the Service under applicable law.
4. ACCOUNT REGISTRATION AND BILLING
4.1 You must establish an account to use certain aspects of the Service, using true and accurate registration information.
Except for certain Software or portions of the Websites which AviTron Virtual World allows users to access without registration, you must establish an Account with AviTron Virtual World to use the Service. You agree to provide accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and to use the account management tools provided to keep your Registration Data accurate, current and complete.
You may establish an Account with Registration Data provided to AviTron Virtual World by a third party who provides a gateway to our Service through the use of an API, in which case you may have a separate, additional account relationship with such third party. This relationship in no way modifies, lessens or alters your obligations under this Terms. Access to the Service through third parties may be available or discontinued at the discretion of AviTron Virtual World. You acknowledge that AviTron Virtual World is not liable for the acts or omissions of such third parties, which are not the partner or representative of AviTron Virtual World or endorsed or controlled by AviTron Virtual World.
You may not sell, transfer or assign your Account or its contractual rights, licenses and obligations, to any third party (including, for the avoidance of doubt, permitting another individual to access your Account) without the prior written consent of AviTron Virtual World. AviTron Virtual World reserves the right, at its sole discretion, to manage and control the number of Accounts that you may establish and maintain.
4.2 You agree to use an Account Name for each Product that is not misleading, offensive or infringing. You are responsible for activities related to your Account Name, and for keeping your password for your Account(s) secure.
You must choose an Account Name for your Account which may also serve as the name for your graphical representation within each Product (your "Avatar"). You may not select as your Account Name any name that AviTron Virtual World determines may cause deception or confusion; may violate any trademark right, copyright, or other proprietary right or mislead other users regarding your identity or affiliation; or any name that AviTron Virtual World determines in its sole discretion to be vulgar, offensive, or otherwise inappropriate. Linden Lab reserves the right to delete or change any Account Name that violates this paragraph, and will have no liability regarding the use, modification, or deletion of any Account Name.
You are solely responsible for all activities conducted through your Account whether or not you authorize the activity (except to the extent that activities occur because someone gains access to our system without using your identifiers and password). In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, we may terminate your Account (or Accounts) as described in Section 5.
You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Internet Device. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your password or from any person's use of your password to gain access to your Account or Account Name. You will immediately notify us of any unauthorized use of your Account, password or username, or any other breach of security related to the Service. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is at your own risk. If you lose access to your Account for any reason, AviTron Virtual World may, but is not required to, attempt to restore access to your Account by verifying your Registration Data. In the event that you are unable to provide the Registration Data, AviTron Virtual World reserves the right to suspend your Account(s).
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
4.3 If you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the Websites, through the Service, or by an applicable Payment Service Provider.
Certain aspects of the Service (including subscription to a premium Account or usage of virtual environments ("Virtual Space," as may be further described in an applicable Product Policy)), are provided for a fee or other charge by AviTron Virtual World or an applicable Payment Service Provider. Should you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies related to such fees and charges, plus VAT or other taxes as applicable, as posted on the Website(s), application(s), or by an applicable Payment Service Provider. Upon your acceptance of these terms and submission of your order, you hereby agree that AviTron Virtual World or an applicable Payment Service Provider (collectively, for purposes of this Section 4.3, "we") have the right to automatically charge your credit card or debit your account (or other payment method) for the applicable fees or charges, plus any applicable taxes that we are required to collect, and you authorize us to do so. Thereafter, if you have purchased or redeemed a subscription-based product or service, each time your subscription comes up for renewal, we have the right to charge your credit card or debit your account the then-current renewal rate plus any applicable taxes we are required to collect, and you authorize us to do so. Any prices posted in US Dollar or non-US Dollar currencies by AviTron Virtual World on the Service do not include any applicable sales tax, unless specifically noted that it is tax inclusive.
AviTron Virtual World reserves the right, upon reasonable notice, to (directly or through an applicable Payment Service Provider): (i) charge for access to some or all of the Service, charge for access to premium functionality or Content on some or all of the Website, require a free or paid subscription ("Usage Subscription"), or account registration to access some or all of the Service; (ii) change terms and conditions for the Service or portions thereof; and (iii) restrict access to the Service or portions thereof, in whole or in part, based on any lawful eligibility requirements AviTron Virtual World may elect to impose (e.g. geographic or demographic limitations). You are responsible for obtaining and maintaining, at your sole cost, all Internet Devices and other equipment and software, and services necessary for you to access and use the Service.
You acknowledge that it is your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards or other payment instruments accepted by AviTron Virtual World or an applicable Payment Service Provider continue to be valid and sufficient for such purposes.
AviTron Virtual World may offer you the opportunity (directly or through an applicable Payment Service Provider) to purchase or use virtual credits, points, tokens, services, or items ("Virtual Goods and Services").AviTron Virtual World may modify, revalue, or make the Virtual Goods and Services more or less common, valuable, effective, or functional. Virtual credits, points, or tokens as further described in each applicable Product Policy ("Virtual Tender") associated with your Account that were purchased with U.S. dollars or other accepted fiat currency may be used or exchanged before Virtual Tender associated with your Account that was not purchased (e.g., Virtual Tender that was earned through experiential play), no matter when that Virtual Tender was acquired. Except as set forth in any Additional Terms (such as any refund policies that may apply to a subscription service) or above with respect to Usage Subscriptions, if AviTron Virtual World modifies, suspends or terminates any Usage Subscription or Virtual Goods and Services (including any Virtual Tender), then you will forfeit your rights to the modified, suspended, or terminated Usage Subscription or Virtual Goods and Services. Likewise, except as set forth above, in any Additional Terms, or as required by applicable law, AviTron Virtual World is not responsible for repairing, replacing or restoring access to your Usage Subscription, or Virtual Goods and Services (including any Virtual Space or other Virtual Tender associated with each Product, as further described in an applicable Product Policy), or providing you with any credit or refund or any other sum, in the event of: (a) AviTron Virtual World's change, suspension or termination of any Usage Subscription or Virtual Goods and Services (including any Virtual Space or other Virtual Tender associated with each Product, as further described in an applicable Product Policy); or (b) for loss or damage due to Website or Server error, or any other reason.
Without limiting any other rights or remedies of AviTron Virtual World, AviTron Virtual World may exercise its termination rights as provided in Section 5 in the event of any payment delinquency. AviTron Virtual World further reserves the right to terminate Usage Subscriptions and/or Virtual Goods and Services for cause immediately at its sole discretion without advance notice or liability.
4.4 AviTron Virtual World has no obligation to accept returns or provide refunds of any amounts paid for products or services purchased from AviTron Virtual World.
Except as set forth above or in any Additional Terms, purchases of AviTron Virtual World Content (including but not limited to Usage Subscriptions, Virtual Tender, and/or other Virtual Goods and Services) are final, non-refundable, have no monetary value (i.e. are not a cash account or equivalent) and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use content Inworld, even if they come with a durational term (e.g. a monthly subscription). Notwithstanding any agreement by AviTron Virtual World to provide a discretionary pro-rata refund or credit in certain circumstances, you have no property, proprietary, intellectual property, ownership, economic, or monetary interest in your Account, User Content, Usage Subscriptions, Virtual Tender or other Virtual Goods and Services, which remain the exclusive property of AviTron Virtual World (subject only to the limited license set forth in Section 2 above, this Agreement or any Additional Terms).
5. TERMINATION OF YOUR ACCOUNT
5.1 You or we may terminate your Account(s) at any time.
You may terminate this Agreement by closing your Account(s) at any time for any reason. AviTron Virtual World may suspend or terminate your Account at any time for any reason. In such event, Linden Lab shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.
5.2 We may terminate your Accounts for violation of this Agreement.
AviTron Virtual World may suspend or terminate your Account if you violate this Agreement, along with any or all other Accounts held by you or otherwise related to you, as determined by AviTron Virtual World in its discretion, and your violation of this Agreement shall be deemed to apply to all such Accounts. Upon termination of your Accounts, this Agreement between us will be automatically terminated and you may not re-subscribe or return to the Service through other or future Accounts you or others may set up.
5.3 We may terminate your Account(s) to protect the best interests of the Service and the community or if we believe you pose an unacceptable risk to the community.
We may terminate your Account if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of AviTron Virtual World, the Service community or any third party.
We may terminate your Account(s) if we learn, or in good faith believe, that you are a registered sex offender, that accessing the Service may violate a condition of parole or probation, that you have engaged in or attempted to engage in conduct with minors on the Service that violates this Agreement, or that you for any other reason may pose what we deem to be an unacceptable risk to the Service community.
5.4 We may terminate your Accounts upon a general suspension or discontinuation of the Service.
If AviTron Virtual World elects to generally suspend or discontinue the Service, in whole or in part, for any reason, Linden Lab may terminate your Accounts. In such event, you will not be entitled to compensation for such suspension or termination, and you acknowledge that Linden Lab will have no liability to you in connection with such suspension or termination.
5.5 Upon Account termination, you will lose access to your Account and all licenses, Content, and data, and you understand this is a risk of participating in the Service.
Upon termination of your Account, you will no longer be able to access your Account or access (or transfer or direct the transfer to any other Account) any Content or data you have stored on the Servers. All licenses granted by AviTron Virtual World to use the Service, including any Virtual Tender will automatically terminate. You acknowledge that you have elected to procure Virtual Tender or any premium account or paid features of the Service notwithstanding the possibility of termination of such license rights under the circumstances set forth in this Agreement.
You should ensure that you have only stored Content on the Serve