Last updated: September 19., 2010
Effective date: July 23, 2010
Welcome to Visuland! This agreement (this "Agreement" or the "Terms of Service") describes the terms on which WebLords Ltd. ("WebLords") offers you access to Visuland. "Visuland" or the "Service" means the multi-user online service offered by WebLords, including its Websites, Servers, and User Content (as those terms are defined in this Agreement). This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Service, including the policies and terms linked to or otherwise referenced in this Agreement.
By using Visuland, you agree to and accept these Terms of Service. If you do not so agree, you should decline this Agreement, in which case you are prohibited from accessing or using Visuland.
0.0 TABLE OF CONTENTS
This Agreement includes both the terms above and the following sections. 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.
Changes to this Agreement
Eligibility to Use Visuland
Account Registration and Billing
Visuland is a Virtual World Service
(“Private World” is In-World Space That We License)
Content Licenses and Intellectual Property Rights
Conduct by Users of Visuland
Privacy and Your Personal Information
Releases, Disclaimers, Liability Limits and Indemnification
Suspension and Termination of Your Account
Dispute Resolution and Arbitration
Additional Terms and Policies
1. CHANGES TO THIS AGREEMENT
This Agreement may be changed by WebLords effective immediately by notifying you as provided in Section 12.4 below; provided that Material Changes will become effective thirty (30) days after such notification. By continuing to access or use Visuland after the effective date of any such change, you agree to be bound by the modified Terms of Service. A "Material Change" is a change to this Agreement which reduces your contractual rights or increases your responsibilities under this Agreement in a significant manner.
2. ELIGIBILITY TO USE VISULAND
2.1 Age Requirements for Visuland.
By accepting this Agreement in connection with an Account, you represent that you are at least 12 years of age, and you have the legal authority, or if you are not at the legal age of majority, you have your parents' approval to enter into this Agreement.
2.2 Requirements for Corporate Users.
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.
2.3 Other Eligibility Requirements for Use of Visuland.
You may not use or register to use Visuland (i) for the duration of your suspension if you have been suspended from the Service by WebLords; (ii) at any time if you have been terminated from the Service by WebLords; or (iii) at any time if you are a person barred from receiving the Services under applicable law.
3. ACCOUNT REGISTRATION AND BILLING
3.1 You must establish an account to use Visuland, using true and accurate registration information.
You must establish an Account with WebLords to use the Service, except for those portions of the Websites which WebLords allows users to access without registration. You may establish one or more additional Accounts, provided that your existing Account is in good standing and you are otherwise in full compliance with this Agreement. You may not transfer or assign your Account and its contractual rights, licenses and obligations, to any third party without the prior written consent of WebLords.
You agree to provide accurate, current and complete information about yourself during the registration ("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 WebLords 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 of Service. Access to Visuland through third parties may be available or discontinued at the discretion of WebLords. You acknowledge that WebLords is not liable for the acts or omissions of such third parties, which are not the partner or representative of WebLords or endorsed or controlled by WebLords.
3.2 You agree to use an Account Name in Visuland that is not misleading, offensive or infringing. You are responsible for activities related to your Account Name, and for keeping your password for this Account secure.
You must choose an account name to identify yourself to WebLords staff in connection with your Account (your "Account Name"), which will also serve as the name for your graphical representation within the Service under this Account (your "Avatar"). You may not select as your Account Name any name that WebLords 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 WebLords determines in its discretion to be vulgar, offensive, or otherwise inappropriate. WebLords reserves the right to delete or change any Account Name that violates this paragraph, and will have no liability regarding the use or deletion of any Account Name.
You are responsible for all activities conducted through your Account. 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 suspend or terminate your Account (or Accounts) as described in Section 10.
At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are 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. 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.
3.3 If you choose to use enter Visuland from a Third-Party website, you permit WebLords to collect the data available of you there, and also the usernames of those of your contacts who also have Visuland installed or enter from a Third-Party website.
If you log in to Visuland from Third-Party website, such as social networking sites for example (e.g. Facebook, MySpace, etc.) or other kind of Third-Party interface Visuland will collect the the data available of you on that website, and also identification data of those of your contacts who also have Visuland installed, or are logged in from a Third-Party website, or using a Third-Party Interface. After you uninstall Visuland, the data gained and collected this way, will be deleted.
3.4 If you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the Websites.
Certain aspects of the Service, including the usage of virtual environments known as ("Private World") in Visuland, or subscription to a "premium account", are provided for a fee or other charge. These fees and charges are set forth on the Visuland Fee Schedule. Should you choose to use paid aspects of the service, you agree to the pricing, payment and billing policies posted on the Websites applicable to such fees and charges, plus VAT or other taxes, as applicable, including as set forth in the Visuland Billing Policy and Fee Schedule. WebLords may add new services for additional fees and charges, or prospectively amend fees and charges for existing services.
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 WebLords continue to be valid and sufficient for such purposes. WebLords may exercise its suspension or termination rights as provided in Section 10.3 in the event of any payment delinquency.
WebLords does not accept returns or provide refunds of products or services purchased from WebLords. For disclosure purposes, the legal name under which Weblords does business is WebLords Ltd., and the address from which business is conducted is Ferenchegyi str. 11. Budapest (Hungary), 1025.
4. VISULAND IS A VIRTUAL WORLD SERVICE
4.1 Visuland is a virtual world service consisting of a multi-user environment, including software, websites and virtual spaces.
"Account" means the entirety of your contractual rights and obligations under this Agreement associated with a particular Account Name you have selected for accessing the Service.
"Content" means any works of authorship, creative works, graphics, images, textures, photos, logos, sounds, music, video, audio, computer programs, applications, animations, gestures, text, objects, primitives, scripts, 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.
"In-World" means within the three-dimensional virtual world environment of Visuland.
"WebLords In-World Content" is the Content provided to you In-World by Weblords under license in connection with the Service, except all User Content (as defined below), including but not limited to Content we created or licensed from third parties.
"WebLords Software" is the software provided to you by WebLords and/or its suppliers under license in connection with the Service, including but not limited to the viewer software for accessing the Visuland environment (the "Viewer"), any other communication software, whether facilitating text-based, chat-based, voice, audio or other communication, within or outside of the Visuland environment, and any application program interfaces for use with Visuland (the "APIs").
"Visuland" or the "Service" is the multi-user online service offered by Weblords and includes the Websites, Servers, WebLords Software, WebLords In-World Content, and User Content.
"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 Visuland environment.
"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.
"Websites" are the websites and services available from the domain and subdomains of visuland.com and any related or successor domains from which Weblords may offer services, such as but not limited to visuland.tv, visuland.biz.
4.2 Visuland exists only as long as and in the form that we may provide the Service, and all aspects of the Service are subject to change or elimination.
WebLords has the right to change and/or eliminate any aspect(s), features or functionality of the Service as it sees fit at any time without notice, and WebLords makes no commitment, express or implied, to maintain or continue 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.
4.3 WebLords is a service provider and is not responsible or liable for the Content, conduct, or services of users or third parties.
You understand that WebLords is a service provider that enables its users to interact online and display and communicate information and Content chosen by those users, and that users likewise can alter the service environment on a real-time basis. Weblords 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 WebLords 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 WebLords 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 and purchase of User Content or user services are entirely at your own risk.
You agree that Weblords has and may exercise the right in its sole discretion to pre-screen, refuse, or delete any Content or services from the Service or disable any user's access to the Service without notice or liability to you or any other party, including upon our belief that such user's conduct, Content, services, or use of the Service is potentially illegal, threatening, or otherwise harmful to any user or other person or in violation of our Terms of Service, Community Standards, or other policies.
4.4 If properly notified, Weblords responds to complaints that User Content infringes another's intellectual property.
Intellectual property infringement on the Service is a violation of this Terms of Service, and you agree not to engage in such infringement. It is our policy to respond to notices of alleged copyright infringement that comply with the Hungarian Copyright Act and to terminate the accounts of repeat infringers in appropriate circumstances. We operate an intellectual property complaint process for complaints that User Content infringes another's intellectual property, the details of which are available in our Intellectual Property Policy. WebLords reserves the right to disable, delete or terminate, without notice, any user's Content or access to the Service if that user is determined by Weblords to infringe or repeatedly infringe.
4.5 Visuland 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.
WebLords may on occasion need to interrupt the Service with or without prior notice. You agree that WebLords 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 WebLords's Billing Policy, 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. WebLords 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. WebLords 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. Our ownership of these bits and bytes of electronic data stored on our Servers does not limit or impair any Intellectual Property Rights you may have in your Content as set forth in Section 6.1 below.
5. ("PRIVATE WORLD" IS IN-WORLD SPACE THAT WE LICENSE)
Private World is the graphical representation of three-dimensional virtual world space. When you acquire a Private World, you obtain a limited license to access and use certain features of the Service associated with Private World stored on our Servers. Private World is available for Purchase or distribution at WebLords's discretion, and is not redeemable for monetary value from WebLords.
The Service includes a component of In-World virtual space that is stored on our Servers and made available in the form of virtual units ("Private World"). This "Private World" constitutes a limited license to access and use certain features of our Service as set forth below. WebLords may or may not charge fees for the right to acquire, transfer or access Private World, and these fees may change at any time.
When you acquire Private World, WebLords hereby grants you a limited license ("Private World License") to access and use features of the Service associated with the virtual unit(s) of space corresponding to the identifiers of the Private World within the Service as designated by WebLords, in accordance with these Terms of Service and any other applicable policies, including the Visuland Mainland Policies as they exist from time to time. The Private World License is transferable by the holder to any other user provided that both users and the proposed transfer comply with these Terms of Service, maintain their accounts in good standing, and are not delinquent on any Account payment requirements. Except as expressly permitted by this Agreement, this Private World License may not otherwise be encumbered, conveyed or made subject to any right of survivorship or other disposition and any attempted disposition in violation of these Terms of Service is null and void. WebLords may revoke the Private World License at any time without notice, refund or compensation in the event that: (i) WebLords determines that fraud, illegal conduct or any other violations of these Terms of Service or other Visuland policies is associated with the holder's Account or Private World; or (ii) the holder becomes delinquent on any of that user's Account's payment requirements, ceases to maintain an active Account or terminates this Agreement.
You may permit or deny other users to access your Private World on terms determined by you. Any agreement you make with other users relating to use or access to your Private World must be consistent with these Terms of Service, and no such agreement can abrogate, nullify, void or modify these Terms of Service.
You acknowledge that Private World is a limited license right and is not a real property right or actual real estate, and it is not redeemable for any sum of money from WebLords. You acknowledge that the use of the words "Buy," "Sell" and similar terms carry the meaning of referring to the transfer of the Private World License. You agree that WebLords has the right to manage, regulate, control, modify and/or eliminate such Private World as it sees fit and that WebLords shall have no liability to you based on its exercise of such right. WebLords makes no guarantee as to the nature of the features of the Service that will be accessible through the use of Private World, or the availability or supply of Private World.
6. CONTENT LICENSES AND INTELLECTUAL PROPERTY RIGHTS
6.1 You retain any and all Intellectual Property Rights in Content you submit to the Service.
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 Weblords 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 WebLords and users of Visuland to use the Content in the manner contemplated by the Service and these Terms of Service.
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 WebLords cannot do so on your behalf.
6.2 You grant certain Content licenses to WebLords by submitting your Content to the Service.
You agree that by uploading, publishing, or submitting any Content to or through the Servers, Websites, or other areas of the Service, you hereby automatically grant WebLords a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content solely for the purposes of providing and promoting the Service.
You understand that this license enables WebLords to display, distribute, promote, and improve the Service. You agree that the license includes the right to copy, analyze and use any of your Content as WebLords 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 6.2 is referred to as the "Service Content License."
6.3 You grant certain Content licenses to users of Visuland 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 each user of Visuland 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 In-World or otherwise on the Service solely as permitted by you through your interactions with the Service under these Terms of Service. 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 Visuland. If you do not wish to grant users of Visuland a User Content License, you agree that it is your obligation to avoid displaying or making available your Content to other users. For example, you may use Private World tools to limit or restrict other users' access to your Private World and thus the Content on your Private World.
"Your interactions with the Service" may include use of the Visuland permissions system and the copy, modify, and transfer settings for indicating how other users may use, reproduce, distribute, prepare derivative works of, display, or perform your Content In-World subject to these Terms of Service. Any agreement you make with other users relating to use or access to your Content must be consistent with these Terms of Service, and no such agreement can abrogate, nullify, void or modify these Terms of Service.
You acknowledge that when you receive a User Content License you receive only licensing and use rights: You therefore do not acquire ownership of any copies of the Content, or transfer of any copyright or other Intellectual Property Rights in the Content. You acknowledge that with respect to the use of the words "Buy" and "Sell" as used in this Agreement and throughout the Service in the context of User Content: (a) the term "Sell" means "to grant a User Content License in exchange for any consideration in accordance with the Terms of Service," (b) the term "Buy" or "Purchase" means "to receive a User Content License in exchange for any consideration in accordance with the Terms of Service," and (c) the terms "Buyer," "Seller," "Sale" and "Purchaser" and similar terms have corresponding meanings to their root terms. This includes User Content that may be Bought or Sold on an online marketplace.
6.4 You also grant WebLords and other users of Visuland a license to use in snapshots and machinima your Content that is displayed In-World 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-World in any publicly accessible area of the Service, you hereby grant each user of Visuland and WebLords 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 our Snapshot and Machinima Policy. The foregoing license is referred to as the "Snapshot and Machinima Content License."
"Publicly accessible" areas of the Service are those areas that are accessible to other users of Visuland. If you do not wish to grant users of Visuland a Snapshot and Machinima Content License, you agree that it is your obligation to avoid displaying or making available your Content to other users. For example, you may use Private World tools to limit or restrict other users' access to your Private World and thus the Content on your Private World.
6.5 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.
You may delete copies or instances of your Content that you have displayed In-World or that are in your Account inventory through the normal functionality of the Service, including by emptying the trash folder in your Account inventory. In such event, the licenses granted by you in this Section 6 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 In-World 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 WebLords and other users with respect to your Content will survive any such termination.
You also acknowledge that the Service Content License granted to WebLords with respect to your Content will survive any such termination solely as follows to permit WebLords: (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 6 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 In-World or exist in other users' Account inventories.
6.6 WebLords owns Intellectual Property Rights in and to the Service, except all User Content, and in and to the WebLords Marks.
WebLords owns Intellectual Property Rights in and to the Service, except all User Content, including the WebLords Software, the Websites, the Servers, and the Visuland In-World Content, and in and to our trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the "WebLords Marks"). You understand that such Intellectual Property Rights are apart from any rights you may have in Content you upload, publish or submit to the Service, as discussed above. You acknowledge and agree that WebLords 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.
Use of the WebLords Marks in whole or in part, including without limitation "Visuland," "VL," "WebLords," and the "World in a Marble", is subject to the guidelines and terms of any applicable license provided in our Trademark Guidelines. You understand and agree that without a written license agreement with WebLords, we do not authorize you to make any use of the WebLords Marks.
Certain of the fonts in the Meta family of copyrighted typefaces are used in Visuland under license from FSI FontShop International. You acknowledge that you may not copy any Meta font that is included in the Viewer and that you may use any such Meta font solely to the extent necessary to use the Weblords Software in Visuland and that you will not use such Meta fonts for any other purpose whatsoever.
Except as expressly granted in this Agreement, all rights, title, and interest in and to the Service, except all User Content, and in and to the WebLords Marks are reserved by WebLords Ltd. Copyright, trademark and other laws of Hungary and foreign countries protect the Service and the WebLords Marks.
6.7 WebLords grants you certain licenses to access and use Visuland while you are in full compliance with the Terms of Service.
WebLords hereby grants you a non-exclusive, non-transferable, non-sublicenseable, limited, revocable license to access and use the Service as set forth in these Terms of Service and expressly conditioned upon you and each of your Accounts remaining active, in good standing, and in full compliance with these Terms of Service. Additional terms may apply to certain elements of the Service; these terms are available where such separate elements are made available on the Websites. If there is any contradiction between any additional terms and these Terms of Service, then the additional terms shall take precedence only in relation to that particular element of the Service.
Use of the WebLords Software is subject to these Terms of Service and the terms of any applicable End User License Agreement (EULA) provided with such software. With respect to the source code for the Viewer and any other WebLords Software that has been released by WebLords Ltd. under an open source license, such software source code must be used in accordance with the applicable open source license terms and conditions.
If no EULA is provided with any WebLords Software, such software is subject to the license terms set forth in this Section. WebLords hereby grants you a nonexclusive, non-transferable, non-sublicensable, revocable, limited license to install and use the object code of the WebLords Software on any computer that you own or control. You may not charge any third party for using the Weblords 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 WebLords Software, or create any derivative works of the WebLords Software, or otherwise use the WebLords Software except as expressly provided in this Agreement.
WebLords provides access to Visuland In-World Content and hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Visuland In-World Content solely In-World as permitted through the normal functionality of the Service and under these Terms of Service, except that photographs, images, films, and videos of Visuland In-World Content may be used in other areas of and outside the Service as provided in our Snapshot and Machinima Policy. To be clear, and without limiting the foregoing, you may not use, reproduce, distribute, prepare derivative works of, display or perform any Visuland In-World Content, whether modified by you or not, outside the virtual world environment of the Service except as provided in the Snapshot and Machinima Policy or as expressly agreed upon in a written agreement with WebLords. The foregoing license is referred to as a "WebLords In-World Content License."
You acknowledge that when you receive a WebLords In-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.
Any use of the Service, including Content on the Service, other than as specifically authorized in this Agreement, without the prior written permission of WebLords, is strictly prohibited and will terminate all licenses granted herein.
6.8 You agree to respect the Intellectual Property Rights of other users, WebLords, and third parties.
You agree that you will not upload, 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 WebLords and users of the Service all of the license rights granted in these Terms of Service.
You acknowledge that the Content of the Service is provided or made available to you under license from WebLords 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 WebLords 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.
WebLords and other Content Providers may use the normal functionality of the Service, including the 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 In-World. 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 Visuland In-World Content, in whole or in part or in modified or unmodified form, except as allowed by the Snapshot and Machinima Policy, or that infringes or violates any Intellectual Property Rights of WebLords, other Content Providers, or any third parties.
WebLords 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, Weblords, 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 WebLords will have no liability for, and you agree to defend, indemnify, and hold WebLords 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.
7. CONDUCT BY USERS OF VISULAND
7.1 You agree to abide by certain rules of conduct, including the Community Standards and other rules prohibiting illegal and other practices that WebLords deems harmful.
You agree to read and comply with the Community Standards posted on the applicable areas of the Websites.
7.2 You will not post or transmit prohibited Content, including any Content that is illegal, harassing or violates any person's rights.
You agree that you will not:
(i) Post, display or transmit Content that violates any law, or the rights of any third party including without limitation Intellectual Property Rights;
(ii) Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation;
(iii) Post, display or transmit any material, object or text that encourages, represents, or facilitates sexual "age play," i.e., using child-like avatars in a sexualized manner. This activity is grounds for immediate termination. You may review our full Age Play Policy for further information. You understand and agree that we may report any and all such incidents -- and any and all of your corresponding personal information -- to any authorities we deem appropriate, whether or not it in and of itself violates the law of your (or any) jurisdiction;
(iv) Post, display or transmit Content that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person's privacy;
(v) Post, display or transmit Content that is obscene, hateful, or racially, ethnically or otherwise objectionable;
(vi) Operate or profit from a "game of chance" In Visuland. For more information please see our Gambling Policy;
(vii) Operate or profit from a virtual "bank" In Visuland. For more information please see our Banking Policy; or
(viii) Post, display or transmit any Content that is explicitly sexual, intensely violent or otherwise designated as Adult.
Any violation by you of the terms of this Section may result in immediate suspension or termination of your Accounts without any refund or other compensation.
7.3 You agree that you will not post or transmit Content or code that may be harmful, impede other users' functionality, invade other users' privacy, or surreptitiously or negatively impact any system or network.
You agree to respect both the integrity of the Service and the privacy of other users. You will not:
(i) Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Service or interests or rights of other users, or that may harvest or collect any data or personal information about other users without their consent;
(ii) Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that WebLords considers to be of such nature;
(iii) Use robots or other automated means to increase traffic to any Private World;
(iv) Engage in malicious or disruptive conduct that impedes or interferes with other users' normal use of the Service;
(v) Attempt to gain unauthorized access to any other user's Account, password, Private World or Content.
Any violation by you of the terms of this Section may result in immediate suspension or termination of your Accounts without any refund or other compensation.
8. PRIVACY AND YOUR PERSONAL INFORMATION
9. RELEASES, DISCLAIMERS, LIABILITY LIMITS AND INDEMNIFICATION
9.1 WebLords is NOT liable for its users' actions, and you release WebLords from any claims relating to other users.
You agree not to hold WebLords liable for the Content, actions, or inactions of other users. As a condition of access to the Service, you release WebLords (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not WebLords becomes involved in any resolution or attempted resolution of the dispute. 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." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You agree and understand that WebLords does not control and is not responsible for information you provide to parties other than WebLords.
9.2 WebLords provides the Service on an "as is" basis, without express or implied warranties, and all Content, and Private World have no guarantee or warranty of any compensable value.
WEBLORDS PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE WEBLORDS SOFTWARE, THE WEBSITES, THE SERVERS, THE VISULAND IN-WORLD CONTENT, AND YOUR ACCOUNT, STRICTLY ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT, OR PRIVATE WORLD. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR CONTENT OR ANY EXPENDITURE ON YOUR PART, WEBLORDS AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON WEBLORDS'S SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS.
WebLords does not ensure continuous, error-free, secure or virus-free operation of the Service, the WebLords Software, the Websites, the Servers, or your Account, and you understand that you shall not be entitled to refunds or other compensation based on WebLords's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
9.3 WebLords's liability to you is expressly limited, to the extent allowable under applicable law.
IN NO EVENT SHALL WEBLORDS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE WEBLORDS SOFTWARE, THE WEBSITES, THE SERVERS, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT WEBLORDS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IN NO EVENT WILL WEBLORDS'S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF (i) ONE HUNDRED DOLLARS (U.S. $100.00); OR (ii) THE RELEVANT AMOUNT SET FORTH IN SECTION 10 HEREIN, IF APPLICABLE.
Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you.
9.4 You agree to indemnify WebLords from claims relating to your use of the Service.
At WebLords's request, you agree to defend, indemnify and hold harmless WebLords, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (i) any breach or alleged breach by you of this Agreement, including without limitation your representations and warranties relating to your Content; or (ii) your acts, omissions or use of the Service, including without limitation your negligent, willful or illegal conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
9.5 You are not our employee, and you have no rights to compensation.
You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a WebLords employee and that you do not expect to be, and will not be, compensated by WebLords for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this Agreement.
10. SUSPENSION AND TERMINATION OF YOUR ACCOUNT
10.1 You may terminate your Accounts at any time.
You may terminate this Agreement by closing your Accounts at any time for any reason. In such event, WebLords 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.
10.2 You may terminate your Accounts within thirty days of any Material Change to this Agreement.
These Terms of Service shall be effective upon the conclusion of the thirty (30) day period described in Section 1 above. If you do not wish to agree and abide by these Terms of Service, you have thirty (30) days to terminate your Accounts as described in Section 10.1 and conclude any outstanding Visuland, or related transactions. In such event, WebLords shall have no further obligation or liability to you under this Agreement or otherwise, and you shall not be entitled to any compensation or other payment, remedy, recourse or refund.
10.3 We may suspend or terminate your Accounts for violation of this Agreement. Your rights to any compensation or recourse are limited to those provided herein.
WebLords 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 WebLords, 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 to Visuland, or return to Visuland through other or future Accounts you or others may set up. In the event of termination by WebLords of your Accounts under this Section 10.3, you will be entitled to receive the stated current value of any credit balance held in your Account(s), as your exclusive remedy and our sole liability. In order to receive any sums pursuant to this Section 10.3, you must establish and inform us of a verified PayPal account into which we may transfer those sums. We will deduct from any or all of the above sums any outstanding fees or charges due to WebLords.
We reserve the right to impose reasonable procedures and restrictions with respect to the above, including without limitation the right to verify your identity and Accounts, to limit transfers to verified PayPal accounts, to impose other anti-fraud measures, and to refuse to process funds we believe are the product of fraud or theft.
10.4 We may suspend or terminate your Account(s) to protect the best interests of Visuland and the Visuland community or if we believe you pose an unacceptable risk to the Visuland community.
We may suspend or 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 WebLords, the Visuland community or any third party.
We may suspend or terminate your Account(s) if we learn, or in good faith believe, that you are a Registered Sex Offender, that accessing Visuland may violate a condition of parole or probation, or that you for any other reason may pose what we deem to be an unacceptable risk to the Visuland community.
10.5 We may suspend or terminate your Accounts upon a general suspension or discontinuation of the Service.
If WebLords elects to generally suspend or discontinue the Service, in whole or in part, for any reason, WebLords may suspend or terminate your Accounts. In such event, except as described in Section 10.3, you will not be entitled to compensation for such suspension or termination, and you acknowledge WebLords will have no liability to you in connection with such suspension or termination. You acknowledge and agree that a general suspension or discontinuation of the Service, in whole or in part, for any reason, will not constitute a Material Change requiring advance notice.
10.6 You will lose access to your Account and all licenses, Content, and data upon termination, 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 WebLords to use the Service, including without limitation any Private World Licenses will automatically terminate. You acknowledge that you have elected to procure Private World Licenses or any premium account or paid features of the Services 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 Servers to which you are willing to permanently lose access. You acknowledge and assume the risk of the possibility of suspension or termination of your Account as provided herein, and you represent that you will make your decisions to participate in the Service, contribute Content, spend your money and dispose of transferable licenses at all times knowingly based upon these risks.
Upon termination, you will remain liable for any unpaid amounts owed by you to WebLords and WebLords has the right to set off any amounts owed by you or for which you are otherwise liable against any compensation that you may be entitled to under this Section 10.
10.7 Some terms of this Agreement will survive and continue after termination.
The following terms will survive any termination of this Agreement: Sections 6, 9, 10, 11 and 12.
11. DISPUTE RESOLUTION AND ARBITRATION
11.1 If a dispute arises between you and WebLords regarding a claim for less than $10,000, either party may resolve it through Arbitration instead of Litigation.
Our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly.
Thus, for any claim related to this Agreement or our Service, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either we or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
11.2 The applicable law and venue for any non-arbitrated dispute is Hungarian.
You agree that this Agreement and the relationship between you and WebLords shall be governed by the laws of the Republic of Hungary without regard to conflict of law principle of the United Nations Convention on the International Sale of Goods. Further, you and WebLords agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Budapest, Hungary, except as provided in Section 11.1 regarding optional arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party's Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
11.3 Improperly Filed Claims are Subject to Attorneys' Fees and Costs.
All claims you bring against WebLords must be resolved in accordance with this Dispute Resolution and Arbitration Section. All claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed and a breach of these Terms of Service. Should either party file a claim contrary to this Dispute Resolution Section, the other party may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed Claim, and the other has failed to promptly withdraw the Claim.
12. GENERAL PROVISIONS
12.1 Visuland is a Hungary-based service.
WebLords makes no representation that any aspect of the Service is appropriate or available for use outside of Hungary. Those who access the Service from other locations are responsible for compliance with applicable local laws. The WebLords Software is subject to applicable export laws and restrictions.
12.2 You may not assign your Account; we may assign this Agreement.
You may not assign this Agreement or your Account without the prior written consent of WebLords. You may not transfer or sublicense any licenses granted by WebLords in this Agreement without the prior written consent of WebLords, except solely to the extent this Agreement permits transfer of the Private World Licenses. WebLords may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement.
12.3 This Agreement and the referenced Policies are the entire understanding between us.
This Agreement, including the additional terms and policies referenced in Section 13, sets forth the entire understanding and agreement between you and WebLords with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. This Agreement may not be modified except as provided in Section 1 or by mutual written agreement between you and WebLords that is signed by hand (not electronically) by duly authorized representatives of both parties and expressly references amendment of this Agreement.
You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Agreement. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. As used in this Agreement, references to a determination made in WebLords's discretion means that the determination will be made by WebLords in accordance with its good faith business judgment. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
12.4 We agree to provide each other with notices in a specified manner.
WebLords may give notice to and obtain consent from you by one or more of the following means: through the website athttp://visuland.com, by electronic mail to your e-mail address in our records, or by written mail communication to the address on record for your Account. All notices given by you or required under this Agreement shall be faxed to WebLords Legal Department at: +3619980682; or mailed to us at: WebLords Legal Department, Ferenchegyi str. 11. Budapest, 1025.
13. ADDITIONAL TERMS AND POLICIES
The following additional terms and policies are incorporated by reference in and made part of this Agreement, and provide additional terms, conditions and guidelines regarding the Service.
Intellectual Property Policy
Visuland Trademark Guidelines
Snapshot and Machinima Policy
Visuland Fee Schedule and Billing Policy
Age Play Policy
Any other communications or Content made available by WebLords on the Service is not part of this Agreement and should not be relied upon as such, or consulted for contractual purposes, but rather is provided to assist and enhance the user experience in Visuland.