Terms and Conditions
These Terms of Service (the "Agreement" or "Terms") constitute a legally-binding agreement between Liquid Designs ("we", "us" or "our") and the user ("you" or "your") that governs how you may use the Bloodlines game on Second Life®, the website at slbloodlines.com, and any heads up display or other virtual or physical product that we provide (each a "Product", collectively the "Products").
By using any Product you agree to comply with these Terms. If you do not agree with these Terms, do not use the Products.
We may change these Terms from time to time. If that happens, we will notify you through in-world messages sent through your HUD.
Account means any account that you establish with us in connection with the purchase or use of any Product.
Content means, individually and collectively, prim objects, scripts, textures and other items that you purchase from our Second Life® vendor objects.
Second Life® means the multi-user online service at secondlife.com.
Software means any software (including all Content) that we provide, whether in the form of object code or scripts or otherwise, that is executed, interpreted or otherwise used with any Product.
User Content means any textual, graphic or other content that you provide while using any Product, such as blog comments, forum posts or profile photos.
We hereby grant to you, so long as you comply with these Terms, a non-exclusive, revocable license to use the Software as follows:
- You may use Software that is provided in the Bloodlines game in Second Life® solely in that game.
- You may use Software that is provided at the slbloodlines.com website (including that website's blog and forum) solely at that website.
- You may use Software that is provided with any heads up display or other physical product solely with that product.
You may not:
- Reverse engineer, decompile or disassemble any Software.
- Remove any copyright notice, trademark notice, or other proprietary rights notice from the Software.
- Make copies of the Software other than (i) temporarily as required to use the Software or (ii) for back-up purposes.
- Sublicense, resell, rent, lend or otherwise distribute, transfer or otherwise provide Software, or any copy thereof, whether incorporated into any other product or otherwise, to any third party.
- Use Software in violation of Second Life® Terms of Service (http://secondlife.com/corporate/tos.php) or Community Standards (http://secondlife.com/corporate/cs.php).
- Alter, or attempt to alter software in any way.
- Use any cheats, hacks, or exploits to gain an unfair advantage in gameplay, or for any other reason.
The following restrictions and prohibitions are in addition to the restrictions and prohibitions specified under Section (Software License).
You may use Content only in Second Life® and only on one Second Life® avatar. You may install the Content, and may relocate the Content, anywhere in the avatar's inventory.
Any use of Content other than as expressly permitted above is prohibited. For example, you may not:
- Use Content in design applications (such as Second Life® texture maps, background images, texture templates, clothing items, prim objects or design elements) for resale.
- Incorporate Content into any trademark, service mark, trade name, business name or logo.
- Use Content in any manner that is obscene or defamatory or violates any privacy, publicity or intellectual property right of any third party.
4.Rights to User Content
You own your User Content. You hereby grant to us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content.
You agree to pay us the applicable price for any Product or Software that you order from us. Your payment obligation will survive termination of this Agreement and termination or suspension of any Accounts that you may have.
6.Exclusion of Warranties
WE PROVIDE ALL PRODUCTS AND ALL SOFTWARE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT USE OF ANY PRODUCT OR SOFTWARE WILL BE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE.
WE DO NOT WARRANT THAT ANY CONTENT OBTAINED AT ANY STORE THAT WE HAVE ON SECOND LIFE® IS ROYALTY-FREE.
7.Limitations of Liability and Damages
IN NO EVENT WILL WE OR ANY OF OUR OWNERS, AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH ANY SOFTWARE, ANY PRODUCTS, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT WE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
OUR TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES UNDER THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT THAT YOU HAVE PAID TO US.
You agree to indemnify and hold harmless us and our owners, affiliates, employees, agents, suppliers and licensors against all third-party claims or liabilities arising out of or in connection with (i) use by you or by anyone acting on your behalf of that Product, Software or Account, (ii) any breach by you or anyone acting on your behalf of any of the terms of this Agreement, or (iii) resolution of disputes pertaining to Products or Software.
9.Resolution of Disputes; Release of Liability
You hereby release us and our owners, affiliates, employees, agents, suppliers and licensors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with any other users of the Products, the Software or Second Life®. You further understand and agree that: (a) we will have the right but not the obligation to resolve disputes between users relating to the Products and the Software, and our resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent that we elect to resolve such disputes, we will do so in good faith based solely on the general rules and standards of the Products and Second Life® and will not make judgments regarding legal issues or claims; and (c) our resolution of such disputes will be final with respect to the virtual world of the Products but will have no bearing on any real-world legal disputes in which users of the Products may become involved.
10.Arbitration; Equitable Relief; Applicable Law
For any dispute or claim related to this Agreement or the Products, excluding claims for injunctive or other equitable relief, you or we may elect at any time to resolve the dispute or claim through binding non-appearance-based arbitration. The party electing arbitration will 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 will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration will 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
This Agreement will be governed by the laws of the State of California and of the United States, excluding their respective conflict of laws provisions. You and we agree to submit to the exclusive jurisdiction and venue of the courts located in Los Angeles, California, except as provided above concerning optional arbitration. However, you or we may apply for injunctive or other equitable relief to protect or enforce any intellectual property rights in any court of competent jurisdiction.
We make no representation that use of Products or Software is appropriate outside of the United States. If you use Products or Software outside the United States, you are responsible for complying with applicable local laws.
In the event of a dispute between you and us, the prevailing party will be entitled to an award of costs, including attorneys' and expert witnesses' fees.
11.Suspension or Termination of Accounts
You may terminate any Account at any by time ceasing the use of all Products and all Software associated with that Account and by destroying all such Products and Software, and any copies thereof, that are in your possession.
You acknowledge that if you terminate your Second Life® account, we will terminate your Bloodlines Account.
We may suspend or terminate any or all of your Accounts if you (i) breach any provision of this Agreement, (ii) use any Product or any Software in violation of any laws, or (iii) we determine that suspension or termination is necessary or advisable to comply with legal requirements or to protect our, or any third party's, rights or interests.
We may suspend or terminate any or all of your Accounts if we elect to stop providing or supporting any Products or any Software.
You acknowledge that upon suspension of termination of any Account, (i) we will have no further obligations to you with respect to that Account, and (ii) we may destroy, without any obligation to compensate you, any profiles, points, blood, souls, lumens, cider, data, virtual currency, or other items associated with that Account. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO PROPERTY RIGHT IN OR TO ANY PROFILES, POINTS, BLOOD, SOULS, LUMENS, CIDER, DATA, VIRTUAL CURRENCY OR OTHER ITEMS ASSOCIATED WITH ANY OF YOUR ACCOUNTS AND THAT ALL OF THE FOREGOING MAY BE LOST, ALTERED OR DESTROYED, EITHER INTENTIONALLY OR INADVERTENTLY, AT ANY TIME.
If we terminate an Account, we will so notify you, and you agree to immediately cease the use of all Products and all Software associated with that Account and to destroy all such Products and Software, and any copies thereof, that are in your possession.
We may observe and record your interaction within the Products. We may share general, demographic, or aggregated information about users and use of Products with third parties, but that information will not include or be linked to any of your personal information without your consent.
This Agreement is the complete and exclusive statement of the agreement between you and us concerning this Agreement's subject matter. It may be modified only by a written instrument signed by you and by our authorized representative.
If any provision of this Agreement is determined to be wholly or partially unenforceable, it will be deemed replaced by an enforceable provision that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of your use of any Product or any Software or any activity that is subject to the terms of this Agreement.
Updated September 6, 2012.