Terms of Service

LIQUID DESIGNS COPYRIGHT & END USER AGREEMENT

Thank you for your purchase of a Liquid Designs product. We appreciate your patronage and hope that your item enriches your virtual experience.

Our artists worked hard to bring you the highest quality virtual accessories. In SL, just like RL, their work is subject to international copyright protection.

All Liquid Designs products are Copyright 2008, subject to copyright protections afforded by Title 17 of the U.S.C., Circular 40, Copyright Registration for Works of the Visual Arts. The use of a Liquid Designs product means you fully accept the license agreement below. This Agreement is governed by The Digital Millennium Copyright Act (DMCA), 1998.

Violations of copyright will be pursued pursuant to the Digital Millennium Copyright Act (DMCA), the EU Copyright Directive or EUCD and other applicable laws and treaties.

Information on how Linden Labs protect copyright owners can be found here: http://secondlife.com/corporate/dmca.php

    CONTENT LICENSE AGREEMENT

    This is a legal contract between you and Liquid Designs. By obtaining Content from our vendor objects, you have agreed to be bound by the terms of this Agreement in respect of that Content. If you do not accept or agree with these terms do not purchase or access Content from our vendor objects.

    This is a license, not a sale. We continue to own the intellectual property rights in the Content. The Content is provided under the terms of the following license agreement ("Agreement") that states what you may and may not do with the Content and contains limitations on warranties and remedies.

    Only you are permitted to use the Content. Any additional persons who wish to use the Content must purchase the Content themselves. Within this Agreement, "Liquid Designs ", "we", "our" and "us" refers to Liquid Designs, and "you" and "your" refers to you, the customer.

  1. This Agreement governs your use of Liquid Designs Content (namely, the clothing, the skins, prim objects and textures used to create these items or other materials that you are purchasing from the Liquid Designs vendors in conjunction with you entering into this Agreement with Liquid Designs ("Content").
  2. We hereby grant to you a perpetual, non-exclusive, non-transferable license to use the Content on the terms and conditions contained in this Agreement. Unless the activity is expressly permitted, you cannot do it. All other rights to and in the Content and accompanying materials (if applicable), including, without limitation, all intellectual property rights relating thereto, are retained by Liquid Designs, as the case may be.

    3. PERMITTED USES:

  3. You may:
    1. install the Content to any location within your Second Life Avatars Inventory Folder; you may physically transfer the Content and its archives from one folder location to another, however it may only be used on one Avatar.
    2. make multiple copies of the Content solely for back-up purposes; you must only use this on one Avatar.
    3. use the Content in the following applications:
      1. Second Life

    4. PROHIBITED USES:

  4. You may not do anything with the Content that is not expressly permitted. You may not provide a copy of the Content, or any portions thereof, to anyone or allow anyone to gain access to the Content, or any portion thereof, except as permitted above. For greater certainty, you may not:
    1. use the Content, or portions of Content, in design applications for resale, including, without limitation, texture maps, background images, texture templates, Second Life clothing items, Second Life Prim Object and design elements for use in worlds real and virtual;
    2. use the Content or any part thereof as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
    3. incorporate the Content in any product that results in a re-distribution of the Content
    4. use the Content in a fashion that is considered by Liquid Designs (acting reasonably), obscene, defamatory or libelous in nature;
    5. use any form of the Content that depicts a person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, contraband or crime;
    6. reverse engineer, decompile, or disassemble any part of Content;
    7. remove any notice of copyright, trade-mark or other proprietary right from any place where it appears on or in the Content or its accompanying materials;
    8. sub-license, re-sell, rent, lend, or otherwise distribute the Content;
    9. post a copy of the Content on a network server or web server, Second Life for use by other users; or
    10. transfer the rights to the Content or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement.

    5. TERM:

  5. This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content, and any Derivative Works related thereto, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content, and any Derivative Works related thereto, for any purpose. The Agreement also terminates if at any time you fail to comply with the terms of this Agreement. Upon termination of this Agreement, you hereby agree to destroy all copies and archives of the Content, and any Derivative Works related thereto, to cease using the Content, and any Derivative Works related thereto, for any purpose, and to confirm to Liquid Designs in writing that you have complied with these requirements.
  6. Termination of this Agreement does not relieve you of your responsibilities to pay any amounts due to Liquid Designs under this agreement or your obligations to not use the Content, or any Derivative Works related thereto, other than in the manner permitted under this Agreement.

    7. LIMITED REPRESENTATIONS AND WARRANTIES:

  7. The Liquid Designs Second Life store(s) acts as an exchange of Content between those who provide Content and those who wish to use such Content. Accordingly, Liquid Designs makes NO representation or warranty that any Content provided is Royalty Free.
  8. Statements as to any rights and ownership of the Content are provided as a reference only and questions regarding the usability for any purpose or proposed use should be directed to the avatars Mars Bracken or Lyle Maeterlinck.

    9. LIMITATION OF REMEDIES & LIABILITY:

  9. IN NO EVENT SHALL Liquid Designs OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
  10. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO STOCK SOLUTION UNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE CONTENT.
  11. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    12. INDEMNIFICATION:

  12. You agree to indemnify and hold Liquid Designs harmless against all claims or liability asserted against Liquid Designs arising out of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.

    13. GENERAL:

  13. If any provision or part thereof of this Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
  14. 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 the license granted to you, or of your use of the Content, pursuant to this Agreement.

    15. JURISDICTION & ARBITRATION:

  15. This Agreement will be governed under the laws of the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles). This Agreement will be governed by The Digital Millennium Copyright Act (DMCA), 1998.
  16. Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in the United States of America pursuant to the rules of the Arbitration Act in effect at the time arbitration is demanded.
  17. If Liquid Designs is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Liquid Designs for its legal fees, costs and disbursements if Liquid Designs is successful.
  18. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND Liquid Designs, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Liquid Designs RELATING TO THE SUBJECT OF THIS AGREEMENT.

BLOODLINES VAMPIRE GAME SYSTEM

The artists and programmers at Liquid will do their best to insure a pleasant and glitch-free gaming experience; however, as with any game, by entering into it you must agree to the terms on which we offer access to our services.

The following agreement (this "Agreement" or the "Terms of Service" or "TOS") describes the terms on which Liquid Designs offers you access to its services. This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Service, including your compliance with the policies and terms linked to (by way of the provided URLs) from this Agreement. By using Bloodlines, you agree to these Terms of Service.

Liquid Designs may amend this Agreement at any time in its sole discretion, effective upon posting the amended Agreement at the domain http://slbloodlines.com where the prior version of this Agreement was posted, or by communicating these changes through any written contact method we have established with you.

CONTENT COPYRIGHT

By engaging in the Bloodlines game you agree to the Liquid Designs Copyright and End User License Agreement, included in each item for sale as well as visible on the Bloodlines website www.slbloodlines.com.

You acknowledge that Liquid Designs have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights.

PLAYER CONDUCT

Liquid Designs is not liable or responsible for the conduct, behavior, attitudes, or language of any of the participating users.

CHEATING/HACKING/SCAMMING/EXPLOITING

Any cheating, hacking, or use of exploits to alter Liquid Designs items, website, or data is considered the creation of Derivative Works and a copyright violation, and is subject to the US Copyright Office Circular 14: Derivative Works.

If a player or non-player of the Bloodlines or any other system offered by Liquid Designs, is found or suspected of cheating, hacking, scamming, using exploits in SL to alter their items or game profile, or is discovered in possession of items, points, blood, souls, or account changes created through said activity, or is found guilty or suspected of any other deviation from the game rules or TOS, Liquid Designs reserves the right to destroy said player's account, as well as any illicit or non-illicit items, blood, souls, or account changes, without warning.

You understand and agree that you shall receive no refund or exchange from Liquid Designs for any of the destroyed items, profiles, points, souls, blood, or data, regardless of damages incurred by you or others affected by your behavior and gameplay.

Liquid Designs reserves the right to take such actions without warning, and without explaination or revelation of evidence of said cheating activitiy, and reserves the right to pursue legal action to recouperate any losses incurred.

DAMAGE RELEASE

As a condition of access to the Service, you release Liquid Designs (and Liquid Designs' shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) 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 one or more users of the Service. You further understand and agree that: (a) Liquid Designs will have the right but not the obligation to resolve disputes between users relating to the Service, and Liquid Designs' resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent Liquid Designs elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Service and will not make judgments regarding legal issues or claims; (c) Liquid Designs' resolution of such disputes will be final with respect to the virtual world of the Service but will have no bearing on any real-world legal disputes in which users of the Service may become involved; and (d) you hereby release Liquid Designs (and Liquid Designs' shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) 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 Liquid Designs' resolution of disputes relating to the Service.

DATA

All data on Liquid Designs' servers are subject to deletion, alteration or transfer.

When using the Service, you may accumulate Content, Virtual Currency, Blood, Awards, Merits, or other value or status indicators that reside as data on Liquid Designs' servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON LIQUID DESIGNS' SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN LIQUID DESIGNS' SOLE DISCRETION.

YOU ACKNOWLEDGE THAT LIQUID DESIGNS DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON LIQUID DESIGNS' SERVERS.

YOU UNDERSTAND AND AGREE THAT LIQUID DESIGNS HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT OR DATA (INCLUDING YOUR CONTENT OR DATA) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.

SERVICE INTERRUPTIONS

Bloodlines is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Liquid Designs' sole discretion.

Liquid Designs reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Liquid Designs will not be liable for any interruption of the Service, delay or failure to perform, and you understand that you shall not be entitled to any refunds of fees for interruption of service or failure to perform. Liquid Designs has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.

ACCOUNT & PROFILE TERMINATION

Liquid Designs may suspend or terminate your account or profile at any time, without refund or obligation to you.

Liquid Designs has the right at any time for any reason or no reason to suspend or terminate your Account or Profile, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that Liquid Designs suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.

WARRANTY DISCLAIMER

Liquid Designs provides the Service on an "as is" basis, without express or implied warranties.

LIQUID DESIGNS PROVIDES THE SERVICE, THE BLOODLINES WEBSITE, YOUR ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, 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.

Without limiting the foregoing, Liquid Designs does NOT ensure continuous, error-free, secure or virus-free operation of the Service, the Bloodlines game or your Account or Profile, and you understand that you shall not be entitled to refunds for fees based on Liquid Designs' failure to provide any of the foregoing other than as explicitly provided in this Agreement.

LIMITATION OF LIABILITY

Liquid Designs' liability to you is expressly limited, to the extent allowable under applicable law.

IN NO EVENT SHALL LIQUID DESIGNS OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS 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 THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE BLOODLINES SOFTWARE OR WEBSITE, YOUR ACCOUNT OR PROFILE (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT LIQUID DESIGNS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

You will indemnify Liquid Designs from claims arising from breach of this Agreement by you, from your use of the Bloodlines game system or website, from loss of Content due to your actions, or from alleged infringement by you.

At Liquid Designs' request, you agree to defend, indemnify and hold harmless Liquid Designs, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other users of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless Liquid Designs, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Account or Profile, and (b) any claims by third parties that your activity or Content in the Service infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.

PRIVACY

Liquid Designs may observe and record your interaction within the Service, and may share aggregated and other general information (not including your personal information) with third parties.

You acknowledge and agree that Liquid Designs, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service. Liquid Designs may share general, demographic, or aggregated information with third parties about our user base and Service usage, but that information will not include or be linked to any personal information without your consent.

INTERNATIONAL PROVISIONS

The Service is controlled and operated by Liquid Designs from its offices within the State of California, United States of America. Liquid Designs makes no representation that any aspect of the Service is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access the Service from other locations are responsible for compliance with applicable local laws.