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TERMS OF SERVICE FOR DIGIWORLDZ
- This is a contract:
This Terms of Service document (this “Agreement”) constitutes a legally binding contract between DigiWorldz LLC (“DW” or “DigiWorldz”) and the person or organization (the “Client”) who submits an order for services, who pays for services and/or uses the services of DigiWorldz LLC. Use of services includes, but is not limited to use or access to the webpage, the 3d environment, any other services provided by DigiWorldz. (Webpage, 3d environment and other services may be referred to as the “Services” or the “Website”)
- Your acceptance:
2.1 CLIENT SIGNIFIES ITS ASSENT TO THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF DigiWorldz’s PRIVACY NOTICE WHICH ARE PUBLISHED AT ~http://www.DigiWorldz.com/privacypolicy/ AND THE TERMS AND CONDITIONS OF OUR DATA COLLECTION POLICY WHICH IS PUBLISHED AT http://digiworldz.com/data-collection-policies/ AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the DW Website or virtual worlds.
2.3. Website Access
- DigiWorldz hereby grants you permission to use the Website and/or virtual world as set forth in this Terms of Service, provided that: (i) your use of the Website and/or virtual world as permitted is solely for your use; (ii) you will not copy or distribute any part of the Website and/or virtual world in any medium without DigiWorldz’s prior written authorization; (iii) you will not alter or modify any part of the Website and/or virtual world other than as may be reasonably necessary to use the Website and/or virtual world for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
- In order to access some features of the Website and/or virtual world, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DigiWorldz immediately of any breach of security or unauthorized use of your account. Failure to notify DigiWorldz of such a breach is a violation of this contract and breach of contract. Although DigiWorldz will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DigiWorldz or others due to such unauthorized use.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website and/or virtual world in a manner that sends more request messages to the DigiWorldz servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser or virtual world viewer. Notwithstanding the foregoing, DigiWorldz grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. DigiWorldz reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website and/or virtual world, nor to use the communication systems provided by the Website and/or virtual world for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
- Services :
- DigiWorldz provides the following services:
Virtual World Land Region Sales
Dedicated Server Services
Virtual World Advertising
Affiliate marketing tools and services
Generally all types of services that are offered by and through virtual environments on a regular basis
- DigiWorldz LLC will provide the Services ordered by the Client, subject to all of the terms, conditions and limitations applicable to the Services set forth on the www.DigiWorldz.com website. The Client will pay for the Services at the price indicated in the order. DigiWorldz may change the prices for the Services at any time and any such change in prices will be effective thirty (30) days after DigiWorldz posts the change on its website. Pricing may be found on our pricing page at: http://www.digiworldz.com/pricing/
- All fees collected under this Agreement are fully earned when due and nonrefundable when paid. All fees due under this Agreement must be paid in United States dollars via credit card, paypal, or other payment method acceptable to DigiWorldz. Client agrees to provide its accurate name, mailing address, telephone and other contact information in Client’s profile and to update such contact details as they may change. Client agrees previous payments for same service in previous payment periods will be used as proof client has agreed to and has accepted our payment terms.
- Currency: DigiWorldz allows for in-world / on-website currency to allow users to transact business within the DW environment. The virtual world currency services are furnished by PODEX who will in turn be using an exchange agent called PODEX Exchange. We also at times use the 3rd party Gloebit virtual world currency. DW is not responsible for any issues pertaining to virutal world currency and all issues pertaining to virtual world currency will be passed along to PODEX or Gloebit respectively. You understand and agree that DW is not responsible for any issues pertaining to virtual world currency. However, abuse of the virtual world currency system shall not be allowed and DW reserves the right to terminate your account at any time for any reason, without any advanced notice in the sole discretion of DW and blocking access to any in-world currency at that time in your possession. You agree that you will have no claim against DW for such an action or for the loss of any such currency.
On March 25, 2014 the IRS announced that virtual currency shall be treated as property for U.S. federal tax purposes. However, you should also note that: Wages paid to employees using virtual currency are taxable to the employee, must be reported by an employer on a Form W-2, and are subject to federal income tax withholding and payroll taxes. Payments using virtual currency made to independent contractors and other service providers are taxable and self-employment tax rules generally apply. Normally, payers must issue Form 1099. The character of gain or loss from the sale or exchange of virtual currency depends on whether the virtual currency is a capital asset in the hands of the taxpayer. A payment made using virtual currency is subject to information reporting to the same extent as any other payment made in property. (see http://www.irs.gov/pub/irs-drop/n-14-21.pdf)
- Death of a User: If a user of DW’s services dies without a will being submitted by an authorized representative or is absent without logging in for two (2) or more years all assets shall escheat to DW. If a will is submitted by an authorized representative then DW shall comply with the valid requests of any court appointed representative.
3.1 User Activity Acceptable Use:
- You may use the Services only in accordance with this Agreement, applicable laws in the United States and the applicable laws of any other jurisdiction. Client agrees not to use the Services in any manner that violates the DigiWorldz Acceptable Use Policy. In addition, the Client agrees that it will not use the Services to: Engage in any illegal or tortuous activity; Violate the patent, copyright, trademark, trade secret or other intellectual property rights of any third party; Sell or distribute illegal adult oriented content that features nudity, sexual acts or adult-themed material unless in an area that allows for such adult sales; or Publish or distribute in any manner any content that is harassing, hateful, racially or ethnically offensive, Child pornography, Intellectual property rights infringing content, Nazi, Race discrimination, Bullying, Hate-speech, Propaganda, Defamation of Character, Slander, gives rise to civil liability for DW, impersonate another person, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable to DigiWorldz the latter of which shall be decided by DW in its sole discretion. We do not tolerate any form of racism. We reserve the right to discontinue User accounts or to delete, or not permit to work, user content, programs or scripts that we believe may harm user experience. If you know or see anyone being bullied or harmed by others, inform the website administrators immediately. You can report abuse through contacting us at this web address: http://www.digiworldz.com
Child avatars are permitted only in PG rated regions and these avatars cannot be used in any sexually suggestive manor, cannot display nudity, and cannot participate in any kind of sexual acts or sexual role play. Any user who does not follow these rules will be banned. Any depictions of a child, in any manner, which is sexually suggestive, or depicts children engaging in any kind of sexual role play or includes nudity of a child are forbidden. Anyone found in defiance of these rules will be banned.
B.1 You shall be solely responsible for your own User Submissions / content and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize to DigiWorldz to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all content user places on DW to enable inclusion and use of the content in the manner contemplated by the Website and these Terms of Service; and (ii) if the content includes the likeness of third parties, that you have the written consent, release, and/or permission of each and every identifiable individual person in the content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the content in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in content. However, by submitting the content to DigiWorldz, you hereby grant DigiWorldz a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User content in connection with the DigiWorldz Website and any DigiWorldz successor’s business, for the purposes elicited in this TOS; re: presentation and use on the website (and derivative works thereof) in any media formats and through any media channels. You also grant DigiWorldz the right to embed tags in your content for purposes of tracing the content.
DigiWorldz does not hold any Music and/or Media Licenses allowing us to stream copyrighted material. If you should cause the streaming of any music or other media you must be sure you have the legal right to do so. DigiWorldz will not assume any liability to any Music and/or Media streams on your behalf. You are solely responsible for all content uploaded or streamed using our services.
B.2 If you make your content publicly accessible, you also hereby grant each user of the DigiWorldz Website and/or virtual world a non-exclusive license to access your content through the Website and/or virtual world, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and/or virtual world and under these Terms of Service. Functionality may be modified based on the content rights and the covenants on the land where the content exists. You, as a user of DW agree to conform to the stated covenants applied to the content itself and that of the land it resides to not attempt to ‘get around,’ ‘hack,’ or ‘modify’ said covenants.
B.3 The foregoing license to each user or DigiWorldz granted by you terminates once you remove or delete the content from the DigiWorldz Website and/or virtual world unless you have sold or provided a license to use the content to DW or other DW users whom shall have the continued rights to use the content subject to your previous sale or license and associated terms/covenants. For the sake of clarity this also means that photography and videotaping (this includes machinima) (“Footage”) of the content may be permitted if allowed by the license / covenant. Footage rights shall be in accordance with the granted permissions of the owner of the content.
Note: It should be noted that footage may fall within ‘fair use,’ however DW will not make any decisions pertaining to what is and is not fair use. Accordingly it is the responsibility of the client to enforce or not enforce their copyright and other intellectual property rights as is their wont. DW strongly suggests you contact a lawyer if you require advice pertaining to your legal rights in this or any regard.
- DigiWorldz does not endorse any User submitted content or any opinion, recommendation, or advice expressed therein, and DigiWorldz expressly disclaims any and all liability in connection with User content and or actions. DigiWorldz does not permit copyright infringing activities and infringement of intellectual property rights on its Website and/or virtual world, and DigiWorldz will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. DigiWorldz reserves the right to remove Content and User Submissions without prior notice. DigiWorldz will also terminate a User’s access to its Website and/or virtual world, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website and/or virtual world more than twice. DigiWorldz also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. DigiWorldz may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
- As DigiWorldz is a service provider it claims safe harbor under the Digital Millennium Copyright Act. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent
Copyright Agent: DigiWorldz LLC, Tammy L Ford 18 Berrimore Drive, Utica, Ohio 43080
with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- You understand that when using the DigiWorldz services, you will be exposed to User content from a variety of sources, and that DigiWorldz is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User content. You further understand and acknowledge that you may be exposed to User content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DigiWorldz with respect thereto, and agree to indemnify and hold DigiWorldz, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
- DigiWorldz permits you to link to materials on the Website and/or virtual world.
- No Guarantee of Results:
The Client acknowledges that DigiWorldz LLC does not guarantee, imply, or predict any type of profit or response from the Services. The Services may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Services resulting from conditions of events outside the reasonable control of DigiWorldz and for which DigiWorldz.com will bear no responsibility. The Client irrevocably covenants, promises and agrees to indemnify DigiWorldz and its assigns and to hold them harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature that they may sustain or to which they may become subject arising out of or relating in any way to the use of the Services, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against any such claims or enforcing the prerogatives of DigiWorldz under this Agreement.
4.1 Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE DIGIWORLDZ SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGIWORLDZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DIGIWORLDZ SERVICES AND YOUR USE THEREOF. DIGIWORLDZ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY VIRTUAL WORLDS, SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR VIRTUAL WORLD BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIGIWORLDZ WEBSITE OR OTHER SERVICES. DIGIWORLDZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DIGIWORLDZ WEBSITE, VIRTUAL WORLDS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DIGIWORLDZ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
4.2. Limitation of Liability
IN NO EVENT SHALL DIGIWORLDZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER THROUGH NEGLIGENCE, GROSS NEGLIGENCE INTENTIONAL OR MALICIOUS ACTS OR OTHERWISE, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR OTHER SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR OTHER SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIGIWORLDZ WEBSITE OR VIRTUAL WORLDS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DIGIWORLDZ SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website and Virtual World is controlled and offered by DigiWorldz from its facilities in the United States of America. DigiWorldz makes no representations that the DigiWorldz’s Website or Virtual World Services are appropriate or available for use in other locations. Those who access or use the DigiWorldz Services from other jurisdictions do so at their own volition and are responsible for compliance with local law
You agree to defend, indemnify and hold harmless DigiWorldz, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the DigiWorldz Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any content you place on the DigiWorldz site or Virtual World caused damage to a third party or (v) any claims that you placed up for sale and or sold on the DigiWorldz site or Virtual World which you did not have a right to sell. This defense and indemnification obligation will survive these Terms of Service and your use of the DigiWorldz Services.
- Use of Client Data:
- Billing Policy:
The Services will commence on the date Client’s order is accepted by DigiWorldz (the “Effective Date”) and will continue on the basis of successive monthly billing periods (with the first day of each billing period being a “Billing Date”) thereafter until terminated by either party. DigiWorldz will charge the Client’s credit card, Paypal account, or other payment method on each Billing Date for the billing period beginning on that date. If funds are not available or DigiWorldz otherwise is unable to collect any fees when due, DigiWorldz may continue to submit charges on Client’s credit card, Paypal account, or other payment method from time to time until all fees due are paid. DigiWorldz may suspend all or any portion of the Services at any time when fees are due and unpaid. Any fees due under this Agreement are net of any sales or use taxes, all of which are the sole responsibility of Client. At the end of each monthly agreement you will receive an email notifying you of the automatic renewal of the DigiWorldz Services. Clients who purchase Services with an annual billing arrangement may choose to continue services at that time or you may terminate services at that time. If you choose to renew your annual DigiWorldz subscription at that time services your credit card, Paypal account, or other payment method will be charged the advertised rate at that time. If you choose to cancel your subscription your services will be suspended at the end of your annual contract.
Users whose billing accounts are paid current and are in good standing are permitted to receive an “OAR” file of their owned regions’ content upon request. This OAR file is simply a backup file which can be used to place the content online at another virtual world or inside the DW services. DigiWorldz does not guarantee the usability of this file in any way. If these conditions are met, DigiWorldz will create the file which will contain only items which the user has “Full Permission” rights and we shall notify the owner of a web location where they can download the file. DigiWorldz reserves the right to deny the user’s request at the sole discretion of DigiWorldz.
If DigiWorldz has cancelled services to you for any reason, there will be a $10 charge to reload each region’s content you own in addition to paying any past due amounts and/or late charges to bring your billing account current. DigiWorldz does not guarantee we will retain any backups of your services after cancellation and the ability to re-activate your services using backup files is subject to availability of these files.
Client may notify of his/her/its wish to terminate this Agreement at any time within the billing period and actual termination shall take place thirty (30) after the next billing.
Client understands if client does not login for a period of 24months or more, DigiWorldz can, without warning, terminate client’s user account and/or reclaim any grid currency held by client.
DigiWorldz LLC reserves the right to terminate any user account without warning, for any reason at our discretion. If client’s account has been terminated by us for any reason, client agrees to forfeit any grid currency to DigiWorldz LLC.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DigiWorldz without restriction
DigiWorldz may give notice to Client of any matter under this Agreement (a) orally, by calling Client’s representative or by leaving a voicemail for Client’s representative at the telephone number in Client’s profile, (b) by email to the email address provided by Client in Client’s profile, or (c) by regular mail to Client’s mailing address in Client’s profile. Client may give notice to DigiWorldz by filling out the contact form on the website located at: http://www.digiworldz.com
- You agree that: (i) the DigiWorldz Website and other services shall be deemed solely based in Utica, OH; and (ii) the DigiWorldz Website and Virtual World shall be deemed a passive service that does not give rise to personal jurisdiction over DigiWorldz, either specific or general, in jurisdictions other than Utica, Ohio. These Terms of Service shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and DigiWorldz that arises in whole or in part from the DigiWorldz Services shall be decided exclusively by a court of competent jurisdiction located in Licking County, Ohio. These Terms of Service, together with the Privacy Notice at http://www.digiworldz.com and the DigiWorldz Data Collection Policy at http://digiworldz.com/data-collection-policies/ and any other legal notices published by DigiWorldz on the Website or inside the virtual world, shall constitute the entire agreement between you and DigiWorldz concerning the DigiWorldz Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DigiWorldz’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. DigiWorldz reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the DigiWorldz services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.. YOU AND DIGIWORLDZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VIRTUAL DIGIWORLDZ SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU AGREE THAT IF A COURT OF COMPETENT JURISDICTION WISHES TO AWARD DAMAGES AGAINST DIGIWORLDZ THAT APPROPRIATE AND REASONABLE LIQUIDATED DAMAGES, IN LIEU OF SUCH AN AWARD IS $500 INCLUDING ALL SUCH DAMAGES, COSTS, ATTORNEY’S FEES AND ANY OTHER MONETARY AMOUNT.
- Third party claims: Please see CONTACT DIGIWORLDZ for non-legal issues. If there are legal issues please use at least two of the methods listed therein in order to insure receipt. Contact methods and classifications are as follows:
- Copyright Agent may be used as pertaining to DMCA notifications and other legal complaints: Copyright Agent: Tammy L Ford 18 Berrimore Drive, Utica, OH 43080 Email: tammy@DigiWorldz.com
Third parties that claim that any of the material on the DW website is infringing their rights must submit a claim of infringement which includes:
- Name of Company or Person who has the right to make a claim against the intellectual property
- Your name and how you are associated with the above company
- Your and the company’s contact information (including email address)
- List of intellectual property right(s) at issue and jurisdictions in which registered
- If certain affiliates or partners are permitted to use the intellectual property, list all company names in your letter.
- Include the following statement: “I have a good faith belief that use of the above listed intellectual property are not authorized by the owner or its agent, nor is such use otherwise permissible under law.”
- Include the statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
- Your signature and BLOCK PRINTED FULL NAME AND TITLE.
DW Review: After we have received a proper complaint, both the submitter of the complaint and user will be sent an email with a copy of the complaint. User shall be given five (5) business days to respond and provide a counter notification.
Counter Notifications. The administrator or the provider of affected content may make a counter notification pursuant to §§512(g)(2) and (3) of the DMCA. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is not infringing the copyrights of others. Accordingly, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):
- Identify the material that we have removed or to which we have disabled access.
- Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Ohio, USA, and that you will accept service of process from the person (or their agent) who provided notification under subsection (c)(1)(C).
iii. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled and will no longer be shown.”
- Sign the document and send it to us at the above address as well as via email.
We strive to review all claims within ten (10) business days of when the complaint was received. Review will be undertaken by an appropriate member of our staff trained in intellectual property matters. We will issue our decision to both you and the Client. In all likelihood we will pull down the content if there is a reasonable basis for Complainant’s basis to be true if only to preserve our DMCA safe harbor rights.
DW decision. You, the Client, agree that if the decision is made to remove the content from our Site or virtual world that you will not hold us liable for pulling the material down under any circumstances. You also understand that we will be required to provide your information to the Complainant.
REPEAT INFRINGERS: We will, in appropriate circumstances, terminate repeat infringers. If you believe that a user of our Services is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the user is a repeat infringer
- Technical Support Contact: email@example.com
- Miscellaneous Terms:
- DigiWorldz LLC, its websites, and its virtual worlds are for entertainment purposes only.
- The DigiWorldz Virtual World is based on experimental and early pre-release software. This means that you may experience occasional crashes and data loss. You agree to hold DigiWorldz LLC harmless in all claims of loss of data or services being unavailable.
- You must be at least 18 years old to use this site or virtual world services or to register for membership. If we learn you are under the age of 18, we will immediately terminate your membership. Likewise, if we find you encouraging minors under the age of 18 to join, your membership will be terminated.
- While we always attempt to ask for permission to do so, You agree to allow DigiWorldz staff to login using your avatar at anytime for trouble shooting purposes and/or to solve technical issues on your behalf.
- It is your responsibility to keep track of your account log in and password.
- You may pick your own username. If we find your username to be offensive, demeaning, or if it violates US Law, we will require your username be changed.
- You are fully responsible for any Content uploaded to the websites or virtual worlds. You agree to take proactive measures to prevent publishing any content restricted by these Terms.
- DIGIWORLDZ LLC reserves the right to restrict, disable, block, suspend or terminate your access to www.DigiWorldz.com and any of its virtual worlds or websites at any time without prior notice or liability to you. In a normal situation we always try to establish communication before taking actions of this kind but we leave it to our own discretion not to do so in, “something-terribly-wrong-here” cases.
- DIGIWORLDZ LLC reserves the right to remove any content from our virtual world or a user’s inventory at our discretion, for any reason or no reason at all.
- This website and/or virtual world contains material that may be owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than upon receiving explicit permission.
- Unauthorized use of this website or virtual world may give rise to a claim for damages and/or be a criminal offense.
- This website and/or virtual world may also include links to other websites and/or other virtual worlds. These links are provided for your convenience. They do not signify that we endorse the website(s) and/or other virtual worlds. We have no responsibility for the content of the linked website(s)/virtual worlds.
- You agree not to submit illegal content to the website and/or virtual world and agree to warn DigiWorldz if you see other users doing it.
- You agree submitting any real life information which could be used to identify you such as real name, address, city, country, postal code, license numbers, gender, religious, political affiliations, names of family members, etc. to any in world scripted object, or any inworld or web site page which is publicly accessible, such as your in world profile, classified ads, land information or any other area where the general public can see is at your own risk as we cannot protect you if you do and we assume no liability if you choose to do so.
Last Update: 5/12/2018