World Web Network
includes the Virtual World Web & 3D Internet
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU MUST DISCONTINUE USE OF THE SERVICE IMMEDIATELY.
These Terms of Service (TOS)
are based on the principle that communities such as Virtual Worlds only work when we all operate
with mutual respect, understand our Rights and Responsibilities and why these
need to be enforced to be effective. We believe we all share this obligation
and together we can make the Virtual World experience great for everyone.
This is an agreement among the
Virtual World Web Network ("We" and "Us") -
and YOU (and YOUR) which includes: Members, VIP and Universal VIP Members,
individual Virtual World Members, the Virtual World Master Developers, our Volunteers, and the
Affiliates and Advertisers who participate in our Worlds throughout the
You agree that by using or
accessing any service Virtual World Web (VWW) platform (called the
"Service" throughout this agreement), you will follow these TOS
below. Any material changes to these TOS shall apply prospectively only. Your
continued use of the Services following any such modification constitutes your
agreement to the modified changes. It is therefore important that you review
these TOS regularly.
I. RESPECT AND SAFETY
We do our best to keep the
Service safe, but we cannot guarantee it. We need your help to do that, which
includes complying with these rules, as well as participating in our World
Justice system and internal complaints processes designed to resolve disputes among
individuals about both personal and property issues.
Specifically you agree:
using the Service, you will not harm other members. You will not harass, bully,
intimidate, threaten, or stalk any member, or make rude, insulting or
defamatory remarks about any member or do anything else that a person, acting
reasonably would consider inappropriate.
will not harm the Service resources (for example, design tools, software that
runs the Service, including chat rooms and forums, currency exchange, public
and private spaces) supplied for the enjoyment of all members. Prohibited
activities include but are not limited to: releasing viruses or other malicious
code, disabling or impairing any of the systems and services, conducting any
form of denial of service attack, phishing or using automated means of access
(such as harvesting bots, robots, spiders, or scrapers), fraudulent activities
including but not limited to defrauding the virtual currency (Rays) system. You
will not acquire virtual currency (Rays) or use Rays acquired illegally whether
through account fraud, phishing or by using Auto-generator scripts. You agree
not to promote, distribute information or redistribute auto-generators to
encourage or assist others to acquire Rays illegally.
computer code that runs the software (client) to operate all aspects of the
Service is copyrighted and we can and will pursue either criminal or civil
action against anyone attempting to hack, decompile, disable or distribute
unauthorized copies of that code.
will not use the Service to send unsolicited bulk email (SPAM).
will not attempt to sign up for more than five accounts without obtaining
permission from us. Holding multiple accounts may result in restrictions on the
maximum number of Rays that can be earned for certain activities whether daily,
by account, or in the aggregate.
have volunteers and staff participants who are authorized by us to moderate
activities in Virtual World environments and they may take appropriate action
when they see TOS violations. They operate under Volunteer Terms of Service.
The Volunteers and Staff will investigate violations of these TOS. Filing false
complaints shall be immediate grounds for termination of service.
II. MEMBER PRIVACY
Your privacy is very
out how you can use the Service to interact with others. It also describes how we
collect and use your personal information. We encourage you to read the Privacy
Policy, and to use it to help you conduct yourself accordingly.
to the Services also provides you access to other Virtual Worlds on the network
including those that may contain adult content. Therefore the privacy default
is set to not display your Avatar (make it visible) in other Virtual Worlds
unless you CHANGE YOUR PRIVACY SETTINGS ON YOUR PROFILE at this link.
is not wise to distribute your own personal information. It is ABSOLUTELY
prohibited to distribute any other member's personal information, including
posting photos of any other Member without their explicit written consent, in
any public space within the Service.
licensed Virtual World operator (World Master) is required to have and post a
worlds, you should direct your concerns to the World Master who manages that
world and only report it to Customer Support if you can't get a resolution.
III. ALL ABOUT CONTENT AND VIRTUAL
respect each other's content, intellectual and virtual property
("Property") rights. We follow the use and violation standards set
out in International Intellectual Property ("IP") Treaties and Conventions,
to the extent possible, since this is a global platform and people are
operating Virtual Worlds from many legal jurisdictions (countries).
will at all times treat other people's Property with respect. To be more
specific, Property includes but is not limited to: information, data, software,
scripts, codes, animations, textures, props, Avatars, videos, photos, graphics,
signs, text and other creative content made as individual elements, or combined
in compilation forms such as streets, malls and other virtual premises, virtual
currency (Rays) and forum posts. You will not intentionally bump up (refresh)
forum posts to alter viewer data, since this is disrespectful to the poster and
unhelpful, since knowing how many people are interested in a post helps both
the poster improve the nature and quality of their posts and it might lead to
improvements in the Service. Accurate records help all members.
will refrain from stealing (ripping), vandalizing, deleting or doing anything
with or to virtual Property that would be considered illegal or disrespectful
to real world Property.
will not use Property owned by others without written permission. This includes
use of our Property: our copyrighted materials (including but not limited to
software, code, scripts, designs, textures, props, signs, text, videos,
slogans, avatars, and other similar works) or our Service Marks of our web
properties and or otherwise (or other trade names or Logos we may subsequently
develop), or our Trade Marks (which in some countries may include Avatars); The
use of any confusingly similar marks is also prohibited, without our written
TO BE CLEAR THIS MEANS A "WORLD",
AN AFFILIATE OR OTHER WEB SITE MAY NOT MISLEAD BY MIMICKING OR APPEARING TO BE
THE VWW SERVICE.
However, Affiliates are authorized to use supplied Affiliate
Materials and Worlds may use VWW badges to associate your services with the
do not review the Content posted by users on the Service and are not
responsible for such Content. We are also not liable for any content uploaded
or streamed by our Members. We will enforce these TOS against illegal or
offensive content when reported to us.
are also not responsible for any of the content on third party sites that we
we learn of material that is illegal, may be illegal, violates these TOS or is
otherwise unacceptable (all in our sole and absolute discretion), whether as a
result of an inquiry by law enforcement, a content owner, a Member or other
third party, or otherwise, we reserve the right to delete, block access or move
any such Content or to terminate a link. You remain solely responsible for all
Content posted by you.
comply with and have also taken some best practices from the United States
Digital Millennium Copyright Act (DMCA) and have now implemented two streams
for copyright infringement complaints.
YOU ARE A COPYRIGHT OWNER or AUTHORIZED AGENT of the OWNER, FROM THE UNITED
STATES OF AMERICA:
We require a "DMCA
Compliant" notice from you if you discover that something you believe you
own is being used on the Service without your consent. Your copyright
infringement notification and any counter notification must be provided in
writing and sent to us by fax or regular mail, not by email. These notices must
include ALL THE REQUIRED INFORMATION UNDER THE DMCA. The specific process is
outlined in DMCA Notices.
Please note that you will
be liable for damages (including costs and attorneysâ€™ fees) if you materially
misrepresent that any content on the Service is infringing your copyright.
Courts in the United States have provided some protection to certain kinds of
materials under the Fair Use doctrine, so you should consult with an attorney
to make sure the use you are notifying us about is not a fair use of the
IF YOU ARE A
COPYRIGHT OWNER FROM ANYWHERE ELSE IN THE WORLD:
We require a Content
Complaint Notice. Be advised this is a sworn statement from you and is subject
to our good faith reliance on the information you provide.
NOTE: We will not
accept content complaints from third parties. If you are NOT THE OWNER of the
content do not file a content complaint.
Regardless of what a
local country law may allow or require us to do when we receive a content
complaint or a DMCA compliant notice of infringement of copyright, our response
to these notices may include removing or disabling access to material claimed
to be the subject of infringing activity. If we remove or disable access in
response to such a Notice, we will make a good-faith attempt to contact the
owner or administrator of the affected page, site or Virtual World so that they
can make a counter notification. When we receive a counter notification, we may
permit the reinstatement of the material in question. Reposting content we
have removed, without permission to do so will result in a termination of
We will also document
notices and will suspend or terminate accounts as follows: For the first
breach by a member, unless deliberate, there will be a suspension of the
infringing memberâ€™s account. For the second breach by a member, there will be a
termination of service. Filing a false Notice will be subject to immediate
termination of service, and you may be liable for other penalties under the laws
of your local country, in particular under the DMCA in the United States, where
there are serious penalties for filing a false Notification (complaint).
Nothing in these TOS
shall waive any rights we have under any statute or regulation to enforce
content rights, or to opt not to enforce them in the jurisdiction where we
operate the Service.
will only distribute content that belongs to you or does not violate someone
else's rights. If you do not own the content you wish to distribute, you must
obtain and be able to show proof of a license (or specific written permission)
to use content that you choose to distribute (post) in the Service.
do not have an obligation to protect your content or the content of another
owner. You must inform content owners who give you a license that it is you who
is responsible for anything that might happen to their content, and not us.
you distribute your own content or the licensed content of others (including
photos, music, or other audio files, videos, logos, personal identities etc)
("Your Content"), in the Service WE DO NOT CLAIM ANY OWNERSHIP IN
YOUR CONTENT but since you are publishing Your Content on our Service you
specifically give us the following permission to do so: You grant us a
non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to
publish Your Content including your Avatar concept and design
("License"). This License ends when you delete Your Content. We are
not responsible if you have shared Your Content with others through the Service
and we cannot compel any member to delete Your Content from the systems of
may remove any content or information you distribute in public spaces or
premises that we have access to, if we believe that it is violating rights
(such as privacy, defamation, harassment or ownership rights or in extremely
bad taste). If we remove content or information you distributed because of a
complaint and you believe we removed it by mistake, you may provide us with a
counter notification as set out in "Reporting Content Complaints".
IV. ALL ABOUT ACCOUNTS
We rely on our members to provide accurate account information.
Here are some commitments you make to us relating to registering and
maintaining the security of your account:
are over the age of 18. We will not accept any participants for the Service
under the age of 18. We are entitled to use any age verification method that we
will not provide any false personal information to us, or our billing partners,
or to any of our third party services.
will not create an account for any member other than yourself without written
permission from us.
VIP and Universal VIP account comes with ONE FREE Zaby (personal space) that
you are licensed to use during the time you remain a paid-up Member. You shall
not sub-license your Zaby to other members, or acquire free Zabys from other
members and you shall not operate a commercial enterprise leasing or
sub-licensing such free Zabys.
However if you wish to
operate a business involving the rental of virtual property contact: firstname.lastname@example.org
will keep your contact information accurate and up-to-date.
will not share your password; let any other member access your account, or do
anything else that might jeopardize the security of your account and personal
may not transfer your account to any member and you are responsible for what
happens on your account, including the billing charges and the
conduct/behaviour of user(s).
have the final say about screen names. In the attempt to be fair, if a name or
ID conflicts with another user, is similarly confusing, impersonates staff or
is otherwise inappropriate we may ask you to change it and you agree to do so,
you violate these TOS, we can stop providing all or part of the Service to you
either temporarily or permanently. We will notify you at the current contact
information you have provided to us, but you will also become aware of any
change in service status the next time you attempt to access your account.
your Member Account is terminated (by us) or remains dormant (no longer in use)
for longer than 90 days, we reserve the right to continue to charge a license
fee of 20 Rays per month to keep the account active. After the trader account
and Ray bank accounts are depleted the Member Account may be permanently closed
and the user name may be re-issued to another member upon request. Dormant
accounts, older than six (6) months with less than 20 Rays in their trader
account may be provided with an opportunity to remain active, but if not
reactivated in the time frame offered, these accounts will be closed out
permanently and the screen name will be made available to other members.
use is free. Upgraded (VIP and Universal VIP) services are available upon
payment of Service Fees. We have tried to make it possible for you to pay by
several means depending on the country you reside in, but not all payment
methods are available in every country. Generally we have established payments
by: credit card, SMS, phone service providers, cheques, money orders, wire
transfers, and other online payment solutions.
you upgrade from Basic to a VIP, Universal VIP or other paid memberships, or
use Rays within the Service, you agree to the Service Payment Terms. We utilize
the services of a number of third party payment providers. As it relates to
payment policies and procedures their rules also apply and we retain the right
to settle any conflict between the rules.
Payment Terms: You are responsible for keeping a current payment method on file
with us. Any amounts you owe us (for example: for a renewal, for increases in
population capacity etc.) may be automatically charged. If you are on a monthly
or other plan with recurring billing, you agree that we may make such charges
to the payment method you have on file with us, unless you provide us with
notice of cancellation at least five business days prior to the recurring
billing and/or renewal date.
we terminate the Service due to a violation of the TOS you will forfeit any
advance payment that you have made to us.
VI. RAYS AND RAY EXCHANGE
Rays are the virtual currency ("Rays") that operate in
the Service and are governed solely by this Agreement.
grant you a limited license right (Limited License) to use this fictional
feature in whatever manner we determine. In our sole discretion, we may
charge fees for your use of Rays, we may give Rays out for free, or we may
otherwise determine how Rays are provided, acquired, used, or lost. We
have the absolute right to determine the maximum number of Rays that can be
earned — whether by activity, day, account or individual. This may result in
restrictions on multiple account holders to an aggregate or per account
retain the right, in our absolute unfettered discretion to regulate, modify,
eliminate, manage, or otherwise control Rays as we see fit. We may, at
our option, terminate the Rays system entirely, take actions that would
manipulate their value, or otherwise act entirely in keeping with the fact that
the Rays are a fictionalized, virtual currency without inherent value and will
have no liability to you for doing any of these things.
may also provide for the ability to purchase goods or services, virtual or
otherwise, with Rays. However, we are not obligated to do so, and any
offer to sell goods and services shall be a fictionalized part of the Service
and is not enforceable.
our sole discretion, items purchased with Rays as a gift for another member may
be returned for a refund of the Rays used for their purchase when the recipient
member loses their membership due to a violation of these TOS. However,
we are not obligated to do so, and any such refund shall be done as a courtesy
may provide for one or more exchanges whereby we facilitate and/or administer
transactions among users for the purchase and sale of the Limited License to
Rays. We may regulate the Rays Exchange in any manner we deem necessary in our
sole discretion. Such regulations may include trading limitations,
floors, ceilings and/or any regulatory mechanism or tool used by any actual or
virtual currency, commodity or stock exchange anywhere in the world. However,
we are not required to regulate any such exchange.
Limited License to the fictional Rays feature does not permit the exchange of
Rays as part of a game of chance.
and purchases of Rays are actually only the sale and purchase of the Limited
License only with no other rights attached.
the case of suspected fraud, violations of these TOS, violation of laws or
regulation, or to protect the integrity of the Rays Exchange, we may at our
sole discretion, halt, suspend, terminate, reverse or otherwise modify or
cancel any exchange whether prospectively, retroactively, or otherwise.
of the Service participants may (but are not required to) engage in the
purchase of Rays, whether through the Rays Exchange or otherwise. Only VIP and
Universal VIP Members may sell Rays. VIP and Universal VIP Members' Trader
Accounts may be cashed out. We will either send you a cheque, or use online
payment providers, such as E-passporte or AlertPay.
do not guarantee that real world money shall be credited to you as a result of
use of the Rays Exchange or any other method of sale, trade, or acquisition of
Rays in any manner facilitated by or involving the Service. We may
instead decide that Rays shall be credited in the form of an in-World credit
that may be used to purchase goods and services offered by the Service.
However, under no circumstances shall we be obligated to provide in-World
credit for Rays. Refunds over certain amounts and cashing out an amount that
is more than you have funded may include additional identity verification
procedures, at our sole discretion, which is generally to protect the integrity
of the Service and/or comply with local laws.
of the SERVICE
a member, we grant you a user license ("Member License") to use the
Service for non-commercial personal use only. If you wish to operate a
commercial enterprise or a white label Virtual World contact the following: email@example.com
are subject to a separate License Agreement.
right to the Member License can also be revoked for a breach of the TOS, or if
you break any other law in the country where we or any of the Virtual World
worlds operate or where the activity occurs.
VIII. LEGAL TERMS
TRY TO KEEP THE SERVICE OPERATIONAL, BUG-FREE, AND SAFE, BUT THE SOFTWARE IS
STILL IN BETA, THEREFORE YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE
SERVICE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE
WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION,
OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD
PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THESE TOS OR USE OF THE SERVICE, EVEN IF YOU ARE RUNNING A
BUSINESS, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY ARISING OUT OF THESE TOS OR PROVIDING THE SERVICE WILL
NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE
PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL
BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW
current version of these TOS constitutes the entire agreement between all of
the participants, and replaces any prior agreements or promises anyone from the
Service may have made to you by any means. You are responsible for staying
current with the latest version of these TOS as they are revised from time to
time. The version number is at the top of the page.
any portion of these TOS is found to be unenforceable, the remaining parts will
remain in full force and effect.
we fail to enforce any portion of these TOS, it will not be considered a waiver
unless in writing, and it will not be a permanent waiver.
amendment to or waiver of these TOS must be made in writing and will be posted.
We can change these TOS by posting the changes with the current version number
under the link "Terms of Service" on the access pages to the Service.
changes that relate to World Masters, Affiliates, Business Licensees and
Advertisers we will attempt to give you a minimum of seven days notice except
where we are required to make changes immediately for legal reasons, where we
might not be able to provide any notice.
reserve the right, in our sole discretion, to restrict, suspend or terminate
your access to all or any part of the Service at any time for any reason without
prior notice or liability. We may change, suspend or discontinue all or any
aspect of the Service at any time, including the availability of any feature,
database, or content, without prior notice or liability.
have the right to report illegal activity to law enforcement. We retain the
right to require a subpoena or other legal process prior to providing any
information to law enforcement. However, should we determine that we wish to
voluntarily initiate or cooperate with a law enforcement investigation, you
specifically give us the right to provide any information to law enforcement at
any time without requiring a subpoena or other compulsory legal process. We
currently intend to exercise our rights in conjunction with laws intended for
the protection of minors. Similarly, if we have any reason to believe that you
have engaged in any behavior that is detrimental to any child, we may report
such activity to law enforcement and/or any agency or organization that is
engaged in the protection of children. Our policy is to report child
sexual abuse to the appropriate authorities in the relevant country and we will
do so any time we suspect such abuse may have occurred. By using this service,
you expressly agree that we are permitted to do all of this and give up any
right you may have to prevent such reporting or to be compensated for such
reporting or any consequential damages this might cause you. Law enforcement
officers who have identified a lawful authority to obtain the information may
require us to provide other information for the purpose of investigating an
actual, serious or imminent threat to the stability or integrity of the
Internet; a risk to the life of an individual, or a threat to personal or
National Security under anti-terrorism legislation. We reserve the right to
respond to such requests that comply with legal due process and we are not
obliged to inform members of such requests.
will resolve any claim, cause of action or dispute ("claim") you have
with us arising out of or relating to these TOS exclusively in an online
dispute resolution forum. The laws of the Province of British Columbia, Canada
will govern these TOS, as well as any claim that might arise between you and
us, without regard to conflict of law provisions. You agree to submit to the
personal jurisdiction of the courts and tribunals located in Vancouver, British
Columbia, Canada for the purpose of pursuing any claims against the Service.
By "VWW" we mean the
Virtual World Web features and services we make available, including through
(a) our websites, and any other branded or co-branded Virtual World Web service
(including sub-domain Worlds licensed to World Masters and any mobile
versions); (b) our Software Platform; and (c) our affiliates, advertisers and
any agents we grant various kinds of permission to offer services.
By "us," "we" and
"our" with respect to services we mean the Virtual World Web Network
(with operations in British Columbia, Canada).
By "Software Platform" we
mean a set of APIs and services that enable applications, such that World
Masters, affiliates or advertisers can create virtual world environments,
retrieve data or provide data to us.
By "distribute" we mean
uploading information, content, or data using the Software Platform or
otherwise making such material available to us.
By "use" we mean use, copy,
publicly perform or display, distribute, modify, translate, and create
derivative works of.
By "application" we mean
any application, executable or website that uses or accesses the Software
Platform, as well as anything else that receives data.
By "VIP Member" and
"Universal VIP Member" we mean any person who has subscribed to the Services
through our own or our third party payment processor partners and who remains
current with such payments.
You should also review the following documents:
understand how we collect and use personal information
World Master Agreement: This section sets out the policies for
those who create Virtual World applications using our APIs.
Advertising and Promotional Guide: This section outlines the
policies that apply to advertisements placed on our Virtual World environments
as well as any promotions offered to members.
Affiliate Agreement: This section outlines the policies that apply
to web sites that link to the Service and Virtual World environments.
Reporting Content Complaints: This section outlines the process
for copyright owners and other content owners to report unauthorized uses of
Reporting DMCA Complaints: This section outlines the process for
copyright owners from the United States to report copyright infringement.
Volunteer Agreement and Guidelines: This section outlines the
terms and policies upon which Volunteers agree to provide their services to us.