Rev 2.0/ml

The UTHERVERSE (& VWW)

TERMS OF SERVICE

These Terms of Service (TOS) are based on the principle that communities such as Virtual Worlds only work when we all operate with mutual respect, understand our Rights and Responsibilities and why these need to be enforced to be effective. We believe we all share this obligation and together we can make the Utherverse VWW experience great for everyone.

This is an agreement among Utherverse ("We" and "Us") - and YOU (and YOUR) which includes: Utherverse Members, Universal Members, individual VWW Members, the VWW World Master Developers, our Volunteers, and the Affiliates and Advertisers who participate in our Worlds throughout the Utherverse network.

You agree that by using or accessing any service through Utherverse and the Virtual World Web (VWW) platform (called the "Service" throughout this agreement), you will follow these TOS below:

I. RESPECT AND SAFETY

We do our best to keep the Service safe, but we cannot guarantee it. We need your help to do that, which includes complying with these rules, as well as participating in our World Justice system designed to resolve disputes among individuals about both personal and property issues.

Specifically you agree:

1.      When using the Service, you will not harm other members. You will not harass, bully, intimidate, threaten, or stalk any member, or make rude, insulting or defamatory remarks about any member or do anything else that a person, acting reasonably would consider inappropriate.

2.      You will not harm the Service resources (for example, design tools, software that runs the Service, including chat rooms and forums, currency exchange, public and private spaces) supplied for the enjoyment of all members. Prohibited activities include but are not limited to: releasing viruses or other malicious code, disabling or impairing any of the systems and services, conducting any form of denial of service attack, phishing or using automated means of access (such as harvesting bots, robots, spiders, or scrapers), fraudulent activities including but not limited to defrauding the virtual currency (Rays) system. You will not acquire virtual currency (Rays) or use Rays acquired illegally whether through account fraud, phishing or by using Auto-generator scripts. You agree not to promote, distribute information or redistribute auto-generators to encourage or assist others to acquire Rays illegally.

3.      The computer code that runs the software (client) to operate all aspects of the Service is copyrighted and we can and will pursue either criminal or civil action against anyone attempting to hack, decompile, disable or distribute unauthorized copies of that code.

4.      You will not use the Service to send unsolicited bulk email (SPAM).

5.      You will not attempt to sign up for more than five accounts without obtaining permission from us.

6.      We have volunteers and staff participants who are authorized by us to moderate activities in Utherverse and VWW environments and they may take appropriate action when they see TOS violations. They operate under Volunteer Terms of Service. The Volunteers and Staff will investigate violations of these TOS. Filing false complaints shall be immediate grounds for termination of service.

II. MEMBER PRIVACY

Your privacy is very important to us. Our Privacy Policy sets out how you can use Utherverse and the VWW to interact with others. It also describes how we can collect and can use your personal information. We encourage you to read the Privacy Policy, and to use it to help you conduct yourself accordingly.

1.      Access to one of our Services may (in the case of certain memberships) give you access to all Services and this means your identity may be visible in other worlds.  THEREFORE YOU HAVE THE OPTION TO SET YOUR PRIVACY SETTINGS ON YOUR PROFILE TO BE VISIBLE OR INVISABLE IN THE AREAS YOU WISH TO HAVE IT SEEN - AS FOLLOWS:

i) Adult Hardcore   Example: www.porned.com

ii) Adult Mature      Example: www.redlightcenter.com

iii) 18+ (No explicit content)          Example: www.virtual-vancouver.com

2.      It is not wise to distribute your own personal information. It is prohibited to distribute any other member's personal information, including photos of any other Member without their explicit written consent in any public space within the Service.

3.      Each licensed VWW operator (World Master) is required to have and post a Privacy Policy. If you have any concern about privacy within the VWW worlds, you should direct your concerns to the World Master who manages that world and only report it to Utherverse Customer Support if you can't get a resolution.

III. ALL ABOUT CONTENT AND VIRTUAL PROPERTY

1.      We respect each other's content, intellectual and virtual property ("Property") rights. We follow the use and violation standards set out in International Intellectual Property ("IP") Treaties and Conventions, to the extent possible, since this is a global platform and people are operating VWW worlds from many jurisdictions (countries).

2.      You will at all times treat other people's Property with respect. To be more specific, Property includes but is not limited to: information, data, software, scripts, codes, animations, textures, props, Avatars, videos, photos, graphics, signs, text and other creative content made as individual elements, or combined in compilation forms such as streets, malls and other virtual premises, virtual currency (Rays) and forum posts. You will not intentionally bump up (refresh) forum posts to alter viewer data, since this is disrespectful to the poster and unhelpful since knowing how many people are interested in a post helps both the poster improve the naturd and quality of their posts and it might lead to improvements in the Service, so accurate records helps all members.

3.      You will refrain from stealing (ripping), vandalizing, deleting or doing anything with or to virtual Property that would be illegal or disrespectful to real world Property.

4.      You will not use Property owned by others without written permission. This includes use of Utherverse Property: our copyrighted materials (including but not limited to software, code, scripts, designs, textures, props, signs, text, videos, slogans, avatars, and other similar works) or our Service Marks of our web properties and or otherwise (including Utherverse, the VWW and Social Center, Red Light Center, Virtual Vancouver, Rude Virtual, PornED or other trade names or Logos we may subsequently develop), or our Trade Marks (which in some countries may include Avatars); The use of any confusingly similar marks is also prohibited, without our written permission. TO BE CLEAR THIS MEANS A VWW "WORLD" MAY NOT ASSOCIATE ITS SERVICES WITH UTHERVERSE, WITHOUT OUR SPECIFIC WRITTEN PERMISSION.

5.      We do not review the Content posted by users on the Service and are not responsible for such Content. We are also not liable for any content uploaded or streamed by our Members, but take responsibility to the extent that we will enforce these TOS against illegal or offensive content when reported to us.

6.      We are also not responsible for any of the content on third party sites that we link to.

7.      Should we learn of material that is illegal, may be illegal, violates these TOS or is otherwise unacceptable (all in our sole and absolute discretion), whether as a result of an inquiry by law enforcement, a content owner, a Member or other third party, or otherwise, we reserve the right to delete or move any such Content or to terminate a link. You remain solely responsible for all Content posted by you.

8.      We have also taken some best practices from the United States Digital Millennium Copyright Act (DMCA). This streamlines the way we can arbitrate disputes among members and copyright owners about use of content. We therefore require a "DMCA Compliant" notice from you if you discover that something you believe you own is being used on the Service without your consent. The process is outlined in "HOW TO REPORT CONTENT VIOLATIONS".  Nothing in these TOS shall waive any rights Utherverse has under any statute or regulation to enforce content rights.

9.      You will only distribute content that belongs to you or does not violate someone else's rights. If you do not own the content you wish to distribute you must obtain and be able to show proof of a license (or specific written permission) to use content that you choose to distribute in the Service.

10.  We do not have an obligation to protect your content or the content of another owner, and you must tell those who give you a license that it is you who is responsible for anything that happens to their content, and not us.

11.  If you distribute your own or licensed content (including photos, music, or other audio files, videos, logos, personal identities etc) ("Your Content"), in the Utherverse or VWW environments, WE DO NOT CLAIM ANY OWNERSHIP IN YOUR CONTENT but since you are publishing Your Content on our Service you specifically give us the following permission to do so:  You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to publish Your Content including your Avatar ("License"). This License ends when you delete Your Content. We are not responsible if you have shared Your Content with others through Utherverse or any VWW and we cannot compel any member to delete Your Content from the systems of other users.

12.  We may remove any content or information you distribute in public spaces or premises that we have access to, if we are given adequate legal proof that it is violating rights (such as privacy, defamation, harassment or ownership rights). If we remove content or information you distributed because of a complaint, and you believe we removed it by mistake, we will provide you with information about how to address this issue.

IV. ALL ABOUT ACCOUNTS

We rely on Utherverse members to provide accurate account information. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1.      You are over the age of 18. We will not accept any participants for the Service under the age of 18. We are entitled to use any age verification method that we deem acceptable.

2.      You will not provide any false personal information to Utherverse, or our billing partners, or to any of our third party services.

3.      You will not create an account for any member other than yourself without written permission from us.

4.      You will keep your contact information accurate and up-to-date.

5.      You will not share your password, let any other member access your account, or do anything else that might jeopardize the security of your account and personal information.

6.      You may not transfer your account to any member and you are responsible for what happens on your account, including the billing charges and the conduct/behaviour of user(s).

7.      We have the final say about screen names. In the attempt to be fair, if a name or ID conflicts with another user, is similarly confusing, impersonates staff or is otherwise inappropriate we may ask you to change it and you agree to do so, on request.

8.      If you violate these TOS, we can stop providing all or part of the Service to you either temporarily or permanently. We will notify you at the current contact information you have provided to us, but you will also become aware of any change in service status the next time you attempt to access your account.

9.      When your Member Account is terminated (by us) or remains dormant (no longer in use) for longer than 90 days, we reserve the right to charge an administrative fee of 20 Rays per month to keep the account alive. After the trader account and Ray bank accounts are depleted the Member Account may be permanently closed and the user name may be reissued to another member upon request.

V. PAYMENTS

1.      Basic use is free. Upgraded services requires pay you to pay Service Fees. We have tried to make it possible for you to pay by several means depending on the country you are in, but not all payment methods are available in every country. Generally we have established payments by: credit card, SMS, phone service providers, cheques, money orders, wire transfers, and other online payment solutions.

2.      If you upgrade from Basic to a VIP, Universal or other paid memberships, or use Rays within the Service, you agree to the Service Payment Terms. We utilize the services of a number of third party payment providers. As it relates to payment policies and procedures their rules also apply and we retain the right to settle any conflict between the rules.

3.      Service Payment Terms: You are responsible for keeping a current payment method on file with us. Any amounts you owe us (for example: for a renewal, for increases in population capacity etc.) may be automatically charged. If you are on a monthly or other plan with recurring billing, you agree that we may make such charges to the payment method you have on file with us, unless you provide us with notice of cancellation at least five business days prior to the recurring billing and/or renewal date.

4.      If we terminate the Service due to a violation of the TOS you will forfeit any advance payment that you have made to us.

VI. RAYS AND RAY EXCHANGE

Rays are the virtual currency ("Rays") that operate in the Service and are governed solely by this Agreement. 

1.      We grant you a limited license right (Limited License) to use this fictional feature in whatever manner we determine.  In our sole discretion, we may charge fees for your use of Rays, we may give Rays out for free, or we may otherwise determine how Rays are provided, acquired, used, or lost. 

2.      Rays cannot be redeemed for money from us in any manner, and we retain the right, in our absolute unfettered discretion to regulate, modify, eliminate, manage, or otherwise control Rays as we see fit.  We may, at our option, terminate the Rays system entirely, take actions that would manipulate their value, or otherwise act entirely in keeping with the fact that the Rays are a fictionalized, virtual currency without inherent value.  We will never have liability to you for anything with regard to Rays, termination of the Rays system, or our management of Rays.

3.      We may also provide for the ability to purchase goods or services, virtual or otherwise, with Rays.  However, we are not obligated to do so, and any offer to sell goods and services shall be a fictionalized part of the Service and is not enforceable. 

4.      In our sole discretion, items purchased with Rays as a gift for another member may be returned for a refund of the Rays used for their purchase when the recipient member loses their membership due to a violation of these TOS.  However, we are not obligated to do so, and any such refund shall be done as a courtesy only.

5.      We may provide for one or more exchanges whereby we facilitate and/or administer transactions among users for the purchase and sale of the Limited License to Rays. We may regulated the Rays Exchane in any manner we deem necessary in our sole discretion.  Such regulations may include trading limitations, floors, ceilings and/or any regulatory mechanism or tool used by any actual or virtual currency, commodity or stock exchange anywhere in the world. However, we are not required to regulate any such exchange.

6.      This Limited License to the fictional Rays feature does not permit the exchange of Rays as part of a game of chance.

7.      Sales and purchases of Rays are actually only the sale and purchase of the Limited License only with no other rights attached.

8.      In the case of suspected fraud, violations of these TOS, violation of laws or regulation, or to protect the integrity of the Rays Exchange, we may, again at our sole discretion, halt, suspend, terminate, reverse or otherwise modify or cancel any exchange whether prospectively, retroactively, or otherwise.

9.      All of the Service participants may (but are not required to) engage in the purchase of Rays, whether through the Rays Exchange or otherwise. Only VIP and Universal Members may sell Rays. VIP and Universal Members' Trader Accounts may be cashed out by having us send you a check, or through a number of online payment providers, such as E-passporte or AlertPay. We do not guarantee that real world money shall be credited to you as a result of use of the Rays Exchange or any other method of sale, trade, or acquisition of Rays in any manner facilitated by or involving the Service.  We may decide that Rays shall be credited in the form of an in-world credit that may be used to purchase goods and services offered by the Service.  However, under no circumstances shall we be obligated to provide in-world credit for Rays. In some regions of the world Refunds over $500 may include additional verification procedures, at our sole discretion, which is generally to protect the integrity of the Service and/or comply with local laws.

VII. USE of the SERVICE

1.      As a member, we grant you a user license ("Member License") to use the Service for non-commercial personal use only. If you wish to operate a commercial enterprise or a white label Virtual World contact the following: VWW Development - Business@utherverse.net or, Utherverse World Business Development - Business@utherverse.net

Businesses are subject to a separate License Agreement.

2.      Your right to the Member License can also be revoked for a breach of the TOS, or if you break any other law in the relevant country of origin for the Utherverse or VWW environment where the activity happens.

VIII. LEGAL TERMS

1.      WE TRY TO KEEP THE SERVICE OPERATIONAL, BUG-FREE, AND SAFE, BUT THE SOFTWARE IS STILL IN BETA, THEREFORE YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SERVICE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, our DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TOS OR USE OF THE SERVICE, EVEN IF YOU ARE RUNNING A BUSINESS, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. our AGGREGATE LIABILITY ARISING OUT OF THESE TOS OR PROVIDING THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, our LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

2.      These TOS constitutes the entire agreement between all of the participants, and replaces any prior agreements or promises anyone from Utherverse may have made to you.

3.      If any portion of these TOS is found to be unenforceable, the remaining parts will remain in full force and effect.

4.      If we fail to enforce any portion of these TOS, it will not be considered a waiver unless in writing, and it will not be a permanent waiver.

5.      Any amendment to or waiver of these TOS must be made in writing and will be posted. We can change these TOS by posting the changes with the current version number under the link "Terms of Service" on the access pages to the Service and at www.utherverse.com .

6.      For changes that relate to World Masters, Web Masters, Affiliates, Business Licensees and Advertisers we will give you a minimum of seven days notice except where we are required to make changes immediately for legal reasons, where we might not be able to provide any notice.

7.      We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or content, without prior notice or liability.

8.      We have the right to report illegal activity to law enforcement. We retain the right to require a subpoena or other legal process prior to providing any information to law enforcement. However, should we determine that we wish to voluntarily initiate or cooperate with a law enforcement investigation, you specifically give us the right to provide any information to law enforcement at any time without requiring a subpoena or other compulsory legal process. We currently intend to exercise our rights in conjunction with laws intended for the protection of minors. Similarly, if we have any reason to believe that you have engaged in any behavior that is detrimental to any child, we may report such activity to law enforcement and/or any agency or organization that is engaged in the protection of children.  Our policy is to report child sexual abuse to the appropriate authorities in the relevant country and we will do so any time we suspect such abuse may have occurred. By using this service, you expressly agree that we are permitted to do all of this and give up any right you may have to prevent such reporting or to be compensated for such reporting or any consequential damages this might cause you.

9.      You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these TOS or Utherverse exclusively in an online dispute resolution forum. The laws of the Province of British Columbia, Canada will govern these TOS, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Vancouver, B.C., Canada for the purpose of pursuing any such claims.

Definitions

10.  By "VWW" we mean the Virtual World Web features and services Utherverse makes available, including through (a) our websites, and any other Utherverse branded or co-branded Virtual World Web service (including sub-domain Worlds licensed to World Masters and any mobile versions); (b) our Software Platform; and (c) our affiliates, advertisers and any agents we grant various kinds of permission to offer services.

11.  By "us," "we" and "our" with respect to services we mean Utherverse Digital Inc. (UDI) (British Columbia, Canada), and with respect to our Intellectual Property ownership, we mean Utherverse Inc. (Nevada, USA), which licenses all the IP to UDI.

12.  By "Software Platform" we mean a set of APIs and services that enable applications, such that World Masters, affiliates or advertisers can create virtual world environments, retrieve data or provide data to us.

13.  By "distribute" we mean uploading information, content, or data using the Utherverse Software Platform or otherwise making such material available to us.

14.  By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

15.  By "application" we mean any application, executable or website that uses or accesses the Software Platform, as well as anything else that receives data.

16.  By "VIP Member" we mean any person who has subscribed to the Services through our own or our third party payment processor partners and who remains current with such payments.

You may also want to review the following documents:

•         Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information

•         World Master Agreement: This section is the policies for those created VWW world applications using our APIs.

•         Advertising and Promotional Guide: This section outlines the policies that apply to advertisements placed on Utherverse VWW environments as well as any promotions offered to members.

•         Affiliate Agreement: This section outlines the policies that apply to web sites that link to Utherverse VWW environments.

•         Reporting Content Complaints: This section outlines the process to report unauthorized uses of owned content.

•         Volunteer Agreement and Guidelines: This section outlines the terms and policies upon which Volunteers agree to provide their services to us.