Terms of Service
Revision by Ben Meta created at 08:01 on the 17th of July, 2010[Page History] [PAGE PROTECTED]
Welcome to meta7! The following agreement (this "Agreement" or the "Terms of Service") describes the terms on which Magne Metaverse Research, Inc. ("MMR") 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 meta7, you agree to these Terms of Service. If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using meta7. Magne Metaverse Research, Inc. may amend this Agreement at any time in its sole discretion, effective upon posting the amended Agreement at the domain or subdomains of http://meta7.com, http://meta7.org, http://meta7world.com or http://k-grid.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.
THE SERVICES AND CONTENT OF meta7
1.1 Basic description of the service: meta7, a multi-user environment, including software and websites.
"meta7" is the multi-user online service offered by Magne Metaverse Research, Inc., including the software provided to you by Magne Metaverse Research, Inc. and the online environments that support the service, including without limitation: the server computation, software access, messaging and protocols that simulate the meta7 environment (the "Servers"), the software that is provided by Magne Metaverse Research, Inc. and installed on the local computer or other device you use to access the Servers and thereby view or otherwise access the meta7 environment (the "Viewer"), application program interfaces provided by Magne Metaverse Research, Inc. to you for use with meta7 (the "APIs"), and access to the websites and services available from the domain and subdomains of http://meta7.com (the "Websites"). The Servers, Viewer, APIs, Websites and any other software collectively constitute the "Service" as used in this Agreement.
1.2 Magne Metaverse Research, Inc. is a service provider, which means, among other things, that Magne Metaverse Research, Inc. does not control various aspects of the Service.
You acknowledge that Magne Metaverse Research, Inc. is a service provider that may allow people to interact online regarding topics and content chosen by users of the service, and that users can alter the service environment on a real-time basis. Magne Metaverse Research, Inc. generally does not regulate the content of communications between users or users' interactions with the Service. As a result, Magne Metaverse Research, Inc. has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.
1.3 Content available in the Service may be provided by users of the Service, rather than by Magne Metaverse Research, Inc.. and other parties have rights in their respective content, which you agree to respect.
You acknowledge that: (i) by using the Service you may have access to graphics, sound effects, music, video, audio, computer programs, animation, text and other creative output (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including contributions from other users of the Service (all such independent content providers, "Content Providers"). Magne Metaverse Research, Inc. does not pre-screen Content.
You acknowledge that Magne Metaverse Research, Inc. and other Content Providers 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. You agree that your creation of Content is not in any way based upon any expectation of compensation from Magne Metaverse Research, Inc..
1.4 You acknowledge that the Service presently includes a component of in-world fictional currency ("Currency" or "Meta dollars" or "M$"), which constitutes a limited license right to use a feature of our product when, as, and if allowed by Magne Metaverse Research, Inc.. Magne Metaverse Research, Inc. may charge fees for the right to use Meta Dollars, or may distribute Meta Dollars without charge, in its sole discretion. Regardless of terminology used, Meta Dollars represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Magne Metaverse Research, Inc. at any time. You agree that Magne Metaverse Research, Inc. has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, in any general or specific case, and that Magne Metaverse Research, Inc. will have no liability to you based on its exercise of such right.
1.5 You agree and acknowledge that Magne Metaverse Research may deny any sell order or buy order individually or with respect to general volume or price limitations set by Magne Metaverse Research for any reason. Magne Metaverse Research may limit sellers or buyers to any group of users at any time. Magne Metaverse Research may halt, suspend, discontinue, or reverse any Currency Exchange transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service. Currency transferred from any other service provider or grid cannot be verified or examined by Magne Metaverse Research, Inc. and any currency transfers are the sole responsibility of the person initiating the transfer of funds.
1.6 meta7 is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Magne Metaverse Research, Inc. sole discretion.
Magne Metaverse Research, Inc. reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Magne Metaverse Research, Inc. 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. Magne Metaverse Research, Inc. 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.
1.7 In the event you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the Websites.
Certain aspects of the Service are provided for a fee or other charge. These fees and charges are described on the Websites, and in the event you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted or linked at http://meta7.com. Magne Metaverse Research, Inc. may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.
ACCOUNT REGISTRATION AND REQUIREMENTS
2.1 You must establish an account to use meta7, using true and accurate registration information.
You must establish an account with Magne Metaverse Research, Inc. (your "Account") to use the Service, except for those portions of the Websites to which Magne Metaverse Research, Inc. allows access without registration. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may establish an Account with Registration Data provided to Magne Metaverse Research, Inc. by a third party through the use of an API, in which case you may have a separate, additional account relationship with such third party. You authorize Magne Metaverse Research, Inc., directly or through third parties, to make any inquiries we consider necessary to validate your Registration Data. Magne Metaverse Research, Inc. reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Magne Metaverse Research, Inc. cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user.
2.2 You must be 18 years of age or older to access meta7. Magne Metaverse Research, Inc. cannot absolutely control whether minors or adults gain unauthorized access to the Service.
By accepting this agreement in connection with an Account , you represent that you are an adult 18 years of age or older.
2.3 You need to use an account name in meta7 which is not misleading, offensive or infringing. You must select and keep secure your account password.
You must choose an account name to identify yourself to Magne Metaverse Research, Inc. (your "Account Name"), which will also serve as the name for the graphical representation of your body in the Service (such representation, an "Avatar"). You may not select as your Account Name the name of another person to the extent that could cause deception or confusion; a name which violates any trademark right, copyright, or other proprietary right; a name which may mislead other users to believe you to be an employee of Magne Metaverse Research, Inc.; or a name which Magne Metaverse Research, Inc. deems in its discretion to be vulgar or otherwise offensive. Magne Metaverse Research, Inc. reserves the right to delete or change any Account Name for any reason or no reason. You are fully responsible for all activities conducted through your Account or under your Account Name.
At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk.
2.4 Magne Metaverse Research, Inc. may require you to submit an indication of unique identity in the account registration process; e.g. credit card or other payment information, or SMS message code or other information requested by Magne Metaverse Research, Inc.. When an account is created, the information given for the account must match the address, phone number, and/or other unique identifier information associated with the identification method. You may register multiple accounts per identification method only at Magne Metaverse Research, Inc. sole discretion. A single account may be used by a single legal entity at Magne Metaverse Research, Inc. sole discretion and subject to Magne Metaverse Research, Inc. requirements. Additional accounts beyond the first account per unique user may be subject to fees upon account creation. You may not transfer your Account to any third party without the prior written consent of Magne Metaverse Research, Inc.; notwithstanding the foregoing, Magne Metaverse Research, Inc. will not unreasonably withhold consent to the transfer of an Account in good standing by operation of valid written will to a single natural person, provided that proper notice and documentation are delivered as requested by Magne Metaverse Research, Inc..
2.5 You may cancel your account at any time; however, there are no refunds for cancellation.
Accounts may be cancelled by you at any time. Upon your election to cancel, your account will be cancelled within 24 hours, but if you have paid for a period in advance you will be allowed to use the remaining time according to these Terms of Service unless your account or this Agreement is suspended or terminated based on our belief that you have violated this Agreement. There will be no refunds for any unused time on a subscription or any prepaid fees for any portion of the Service.
2.6 Magne Metaverse Research, Inc. may suspend or terminate your account at any time, without refund or obligation to you.
Magne Metaverse Research, Inc. has the right at any time for any reason or no reason to suspend or terminate your Account, 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 Magne Metaverse Research, Inc. 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.
2.7 Accounts affiliated with delinquent accounts are subject to remedial actions related to the delinquent account.
In the event an Account is suspended or terminated for your breach of this Agreement or your payment delinquency,Magne Metaverse Research, Inc. may suspend or terminate the Account associated with such breach and any or all other Accounts held by you or your affiliates, and your breach shall be deemed to apply to all such Accounts.
2.8 You are responsible for your own Internet access.
Magne Metaverse Research, Inc. does not provide Internet access, and you are responsible for all fees associated with your Internet connection.
LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS
3.1 You have a nonexclusive, limited, revocable license to use meta7 while you are in compliance with the terms of service.
Subject to the terms of this Agreement, Magne Metaverse Research, Inc. grants to you a non-exclusive, limited, fully revocable license to use software and the rest of the Service during the time you are in full compliance with the Terms of Service. Additional terms may apply to use of the APIs or other separate elements of the Service (i.e. elements that are not required to use the Viewer or the Servers); these terms are available where such separate elements are available for download from the Websites. Nothing in this Agreement, or on meta7s websites, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content. You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a Magne Metaverse Research, Inc. employee and that you do not expect to be, and will not be, compensated by Magne Metaverse Research, Inc. for such activities.
3.2 You retain copyright and other intellectual property rights with respect to Content you create in meta7, to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to Magne Metaverse Research, Inc. and to other users of meta7.
Users of the Service can create Content on Magne Metaverse Research, Inc. servers in various forms. Magne Metaverse Research, Inc. acknowledges and agrees that, subject to the terms and conditions of this Agreement, you will retain any and all applicable copyright and other intellectual property rights with respect to any Content you create using the Service, to the extent you have such rights under applicable law.
Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the service, you automatically grant (and you represent and warrant that you have the right to grant) to Magne Metaverse Research, Inc.: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Service as permitted by you through your interactions on the Service, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Service, provided that in the event that your Content appears publicly in material under the control of Magne Metaverse Research, Inc., and you provide written notice to Magne Metaverse Research, Inc. of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow Magne Metaverse Research, Inc., in its sole discretion, to identify the relevant Content and materials), Magne Metaverse Research, Inc. will make commercially reasonable efforts to cease its distribution of such Content following the receipt of such notice, although Magne Metaverse Research, Inc. cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the perpetual and irrevocable right to delete any or all of your Content from Magne Metaverse Research, Inc. servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as Magne Metaverse Research, Inc. may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Service. Further, you agree to grant to Magne Metaverse Research, Inc. a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your account information, including any data or other information generated by your account activity, in any media now known or not currently known, in accordance with our privacy policy as set forth below, including the incorporation by reference of terms posted at http://meta7.com.
You also understand and agree that by submitting your Content to any area of the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to Magne Metaverse Research, Inc. and to all other users of the Service a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual License, under any and all patent rights you may have or obtain with respect to your Content, to use your Content for all purposes within the Service. You further agree that you will not make any claims against Magne Metaverse Research, Inc. or against other users of the Service based on any allegations that any activities by either of the foregoing within the Service infringe your (or anyone else's) patent rights.
You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and Magne Metaverse Research, Inc. will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Service, including without limitation any legal consequences relating to your intellectual property rights; and (iii) Magne Metaverse Research, Inc. acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of Magne Metaverse Research, Inc. intention not to require users of the Service to forego certain intellectual property rights with respect to Content they create using the Service, subject to the terms of this Agreement.
3.3 Magne Metaverse Research, Inc. retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own.
You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data Magne Metaverse Research, Inc. stores on their servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of Magne Metaverse Research, Inc..
3.4 Magne Metaverse Research, Inc. licenses its textures and environmental content to you for your use in creating content in-world.
During any period in which your Account is active and in good standing, Magne Metaverse Research, Inc. gives you permission to create still and/or moving media, for use only within the virtual world environment of the Service ("in-world"), which use or include the "textures" and/or "environmental content" that are both (a) created or owned by Magne Metaverse Research, Inc. and (b) displayed by Magne Metaverse Research, Inc. in-world. Content imported and not created into any grid or services owned or managed by Magne Metaverse Research, Inc. may be subjected to further scrunity to verify ownership of such content. Magne Metaverse Research, Inc. will investigate claims, at its discretion, of copyright ownership issues defined by the DMCA.
CONDUCT BY USERS OF meta7
4.1 You agree to abide by certain rules of conduct, including the Community Standards and other rules prohibiting illegal and other practices that Magne Metaverse Research, Inc. deems harmful.
You agree to read and comply with the meta7 Community Standards
In addition to abiding at all times by the Community Standards, you agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (ii) impersonate any person or entity without their consent, including, but not limited to, a Magne Metaverse Research, Inc. employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit Content as determined by Magne Metaverse Research, Inc. at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that Magne Metaverse Research, Inc. considers in its sole discretion to be of such nature; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) attempt to gain access to any other user's Account or password; or (x) "stalk", abuse or attempt to abuse, or otherwise harass another user. (xi) Involve any member, employee or contractor in any resident disputes that occur on meta7 or any other similar 3d platform, You will not hold Magne Metaverse Research, Inc., its employees or contractors liable for any conduct or financial loss. (xii)
Any real-life images, and other depictions of sexual or lewd acts involving or appearing to involve real life children or minors (Under 18 years of age) are not allowed within meta7 or any other services offered by Magne Metaverse Research, Inc.. When detected, individuals and groups promoting or providing such content and activities will be subject to sanctions, which may include termination of accounts, closure of groups, removal of content, and loss of land or access to land. Depictions of real children in LEWD provocative poses or various states of LEWD undress are against policy and will not be tolerated and removed immediately. You may be held liable for anything you upload into the platform.
This will be clarified as:
(1) the graphic depiction of Real children in a sexual or lewd manner violates our Community Standards.
Magne Metaverse Research, Inc. provides the freedom for indivual and groups to roleplay and represent themselves in our service without restriction unless prohibited in the users own country and in accordance with this agreement defined by the laws of the United States of America and the State of Delaware. Magne Metaverse Research, Inc. may at any time choose to restrict, prohibit or manage content and roleplay at its own descretion or change in law without notice or compensation to you. Magne Metaverse Research, Inc. encourages the use of group restricted regions and roleplay to protect the privacy of its metazens. Content on public lands, owned or managed by Magne Metaverse Research, Inc. are strictly PG and nudity, offensive langauge, harrasment and sexual situations are prohibited.
Users of our services are bound by the laws that exist within their own states, countries or territory from where the user resides.
Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Account. You agree that Magne Metaverse Research, Inc. may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you. Using the Service is a privilege, and your account may be suspended, removed or altered at the sole discretion of Magne Metaverse Research, Inc.. Anyone who slanders, blackmails, defames, interferes with the credibility of the company, uses propaganda or any means to disrupt the grid or grid company or its members will be held liability to the maximum extent of the law.
4.2 You agree to use meta7 as provided, without unauthorized software or other means of access or use.
Magne Metaverse Research, Inc. has designed the Service to be experienced only as offered by Magne Metaverse Research, Inc. at the Websites or partner websites. Magne Metaverse Research, Inc. is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by Magne Metaverse Research, Inc.. We accept no responsibility for any other viewer not officially endorsed by Magne Metaverse Research, Inc..
4.3 You will comply with the processes of the Digital Millennium Copyright Act regarding copyright infringement claims covered under such Act. You are responsible for conforming to the laws of your nation or state.
4.4 Without a written license agreement, Magne Metaverse Research, Inc. does not authorize you to make any use of its trademarks.
RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION
5.1 You release Magne Metaverse Research, Inc. from your claims relating to other users of meta7. Magne Metaverse Research, Inc. has the right but not the obligation to resolve disputes between users of meta7.
As a condition of access to the Service, you release Magne Metaverse Research, Inc. (and Magne Metaverse Research, Inc. 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) Magne Metaverse Research, Inc. will have the right but not the obligation to resolve disputes between users relating to the Service, and Magne Metaverse Research, Inc. resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent Magne Metaverse Research, Inc. 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) Magne Metaverse Research, Inc. 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 Magne Metaverse Research, Inc. and Magne Metaverse Research, Inc. 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 Magne Metaverse Research, Inc. resolution of disputes relating to the Service.
5.2 Other service or product providers may form contractual relationships with you. Magne Metaverse Research, Inc. is not a party to your relationship with such other providers.
Subject to the terms of this Agreement, you may view or use the environment simulated by the Servers through viewer software that is not the Viewer provided by Magne Metaverse Research, Inc., and you may register for use of meta7 through websites that are not Websites owned and operated by meta7. Magne Metaverse Research, Inc. is not responsible for any software used with or in connection with meta7 other than software developed by Magne Metaverse Research, Inc.. Magne Metaverse Research, Inc. does not control and is not responsible for any information you provide to parties other than Magne Metaverse Research, Inc.. Magne Metaverse Research, Inc. is not a party to your agreement with any party that provides software, products or services to you in connection with meta7.
5.3 All data on Magne Metaverse Research, Inc servers are subject to deletion, alteration or transfer.
When using the Service, you may accumulate Content, Currency, objects, items, scripts, equipment, or other value or status indicators that reside as data on Magne Metaverse Research, Inc. servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON MAGNE METAVERSE RESEARCH, Inc. SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN MAGNE METAVERSE RESEARCH, Inc. SOLE DISCRETION.
YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, MAGNE METAVERSE RESEARCH, Inc. DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON MAGNE METAVERSE RESEARCH, Inc. SERVERS.
YOU UNDERSTAND AND AGREE THAT MAGNE METAVERSE RESEARCH, Inc. HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) 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.
5.4 Magne Metaverse Research, Inc provides the Service on an "as is" basis, without express or implied warranties.
MAGNE METAVERSE RESEARCH, Inc. PROVIDES THE SERVICE, THE SOFTWARE, 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, Magne Metaverse Research, Inc. does not ensure continuous, error-free, secure or virus-free operation of the Service, software or your Account, and you understand that you shall not be entitled to refunds for fees based on Magne Metaverse Research, Inc. failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
5.5 Magne Metaverse Research, Inc. liability to you is expressly limited, to the extent allowable under applicable law.
IN NO EVENT SHALL MAGNE METAVERSE RESEARCH, Inc. 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), YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT MAGNE METAVERSE RESEARCH, Inc. MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL MAGNE METAVERSE RESEARCH, Inc. CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that Magne Metaverse Research, Inc. cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service.
5.6 You will indemnify Magne Metaverse Research, Inc. from claims arising from breach of this Agreement by you, from your use of meta7, from loss of Content due to your actions, or from alleged infringement by you.
At Magne Metaverse Research, Inc. request, you agree to defend, indemnify and hold harmless Magne Metaverse Research, Inc., 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 Magne Metaverse Research, Inc., 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, 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 POLICY
6.1 Magne Metaverse Research, Inc. uses your personal information to operate and improve meta7, and will not give your personal information to third parties except to operate, improve and protect the Service.
The personal information you provide to us during registration is used for Magne Metaverse Research, Inc. internal purposes only. Magne Metaverse Research, Inc. uses the information it collects to learn what you like and to improve the Service. Magne Metaverse Research, Inc. will not give any of your personal information to any third party without your express approval except: as reasonably necessary to fulfill your service request, to third- party fulfillment houses, customer support, billing and credit verification services, and the like; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; or as otherwise necessary to protect Magne Metaverse Research, Inc., its agents and other users of the Service. Magne Metaverse Research, Inc. does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. Magne Metaverse Research, Inc. can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as Magne Metaverse Research, Inc., in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to Magne Metaverse Research, Inc. remote accessing and review of the computer onto which you load our software for purposes of support and debugging. You agree that Magne Metaverse Research, Inc. may communicate with you via email and any similar technology for any purpose relating to the Service, the meta7 software and any services or software which may in the future be provided by Magne Metaverse Research, Inc. or on Magne Metaverse Research, Inc. behalf. You agree to read the disclosures and be bound by the terms of the additional Privacy Policy information posted on our website.
6.2 Magne Metaverse Research, Inc. 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 Magne Metaverse Research, Inc., in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service. Magne Metaverse Research, Inc. 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.
DISPUTE RESOLUTION
If a dispute arises between you and Magne Metaverse Research, Inc., our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Magne Metaverse Research, Inc. agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Service (a "Claim") in accordance with one of the subsections below.
7.1 Governing Law. This Agreement and the relationship between you and Magne Metaverse Research, Inc. shall be governed in all respects by the laws of the State of Deleware without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
8.0 Meta7 "currency" is a limited license right available for purchase or free distribution at Magne Metaverse Research, Inc.'S discretion, and is not redeemable for monetary value from Magne Metaverse Research, Inc.
You acknowledge that the Service presently includes a component of in-world fictional currency ("Currency" or "Meta Credits" or "M$"), which constitutes a limited license right to use a feature of our product when, as, and if allowed by Magne Metaverse Research, Inc.. Magne Metaverse Research, Inc. may charge fees for the right to use Meta Credits, or may distribute Meta Credits without charge, in its sole discretion. Regardless of terminology used, Meta Credits represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Magne Metaverse Research, Inc. at any time. You agree that Magne Metaverse Research, Inc. has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, in any general or specific case, and that Magne Metaverse Research, Inc. will have no liability to you based on its exercise of such right.
You agree and acknowledge that Magne Metaverse Research, Inc. may deny any sell order or buy order individually or with respect to general volume or price limitations set by Magne Metaverse Research, Inc. for any reason. Magne Metaverse Research, Inc. may limit sellers or buyers to any group of users at any time. Magne Metaverse Research, Inc. may halt, suspend, discontinue, or reverse any transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service. Magne Metaverse Research, Inc. claims no responsibilty for any currency, real or fictional that has been exchanged for Meta Credits.
GENERAL PROVISIONS
The Service is controlled and operated by Magne Metaverse Research, Inc. from its offices within the State of Delaware, United States of America. Magne Metaverse Research, Inc. 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.
Magne Metaverse Research, Inc.s failure to act with respect to a breach by you or others does not waive Magne Metaverse Research, Inc. right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Magne Metaverse Research, Inc. under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of Magne Metaverse Research, Inc.. All or any of Magne Metaverse Research, Inc. rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of Magne Metaverse Research, Inc. assets. You may not assign or transfer this Agreement or any or all of your rights hereunder without the prior written consent of Magne Metaverse Research, Inc., and any attempt to do so is void. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Magne Metaverse Research, Inc. shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Magne Metaverse Research, Inc..
This Agreement sets forth the entire understanding and agreement between you and Magne Metaverse Research, Inc. with respect to the subject matter hereof. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
Magne Metaverse Research, Inc. may give notice to you by means of a general notice on our website at http://meta7.com, through the meta7 Viewer at or after log-in to your Account, by electronic mail to your e-mail address in our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All notices given by you or required under this Agreement shall be faxed mailed to us at: Magne Metaverse Research, Inc., ICO: and Gonser, P.A.Concord Plaza - Hagley Building, Suite 203 3411 Silverside Road Wilmington, DE 19810
THE SERVICES AND CONTENT OF meta7
1.1 Basic description of the service: meta7, a multi-user environment, including software and websites.
"meta7" is the multi-user online service offered by Magne Metaverse Research, Inc., including the software provided to you by Magne Metaverse Research, Inc. and the online environments that support the service, including without limitation: the server computation, software access, messaging and protocols that simulate the meta7 environment (the "Servers"), the software that is provided by Magne Metaverse Research, Inc. and installed on the local computer or other device you use to access the Servers and thereby view or otherwise access the meta7 environment (the "Viewer"), application program interfaces provided by Magne Metaverse Research, Inc. to you for use with meta7 (the "APIs"), and access to the websites and services available from the domain and subdomains of http://meta7.com (the "Websites"). The Servers, Viewer, APIs, Websites and any other software collectively constitute the "Service" as used in this Agreement.
1.2 Magne Metaverse Research, Inc. is a service provider, which means, among other things, that Magne Metaverse Research, Inc. does not control various aspects of the Service.
You acknowledge that Magne Metaverse Research, Inc. is a service provider that may allow people to interact online regarding topics and content chosen by users of the service, and that users can alter the service environment on a real-time basis. Magne Metaverse Research, Inc. generally does not regulate the content of communications between users or users' interactions with the Service. As a result, Magne Metaverse Research, Inc. has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.
1.3 Content available in the Service may be provided by users of the Service, rather than by Magne Metaverse Research, Inc.. and other parties have rights in their respective content, which you agree to respect.
You acknowledge that: (i) by using the Service you may have access to graphics, sound effects, music, video, audio, computer programs, animation, text and other creative output (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including contributions from other users of the Service (all such independent content providers, "Content Providers"). Magne Metaverse Research, Inc. does not pre-screen Content.
You acknowledge that Magne Metaverse Research, Inc. and other Content Providers 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. You agree that your creation of Content is not in any way based upon any expectation of compensation from Magne Metaverse Research, Inc..
1.4 You acknowledge that the Service presently includes a component of in-world fictional currency ("Currency" or "Meta dollars" or "M$"), which constitutes a limited license right to use a feature of our product when, as, and if allowed by Magne Metaverse Research, Inc.. Magne Metaverse Research, Inc. may charge fees for the right to use Meta Dollars, or may distribute Meta Dollars without charge, in its sole discretion. Regardless of terminology used, Meta Dollars represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Magne Metaverse Research, Inc. at any time. You agree that Magne Metaverse Research, Inc. has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, in any general or specific case, and that Magne Metaverse Research, Inc. will have no liability to you based on its exercise of such right.
1.5 You agree and acknowledge that Magne Metaverse Research may deny any sell order or buy order individually or with respect to general volume or price limitations set by Magne Metaverse Research for any reason. Magne Metaverse Research may limit sellers or buyers to any group of users at any time. Magne Metaverse Research may halt, suspend, discontinue, or reverse any Currency Exchange transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service. Currency transferred from any other service provider or grid cannot be verified or examined by Magne Metaverse Research, Inc. and any currency transfers are the sole responsibility of the person initiating the transfer of funds.
1.6 meta7 is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Magne Metaverse Research, Inc. sole discretion.
Magne Metaverse Research, Inc. reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Magne Metaverse Research, Inc. 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. Magne Metaverse Research, Inc. 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.
1.7 In the event you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the Websites.
Certain aspects of the Service are provided for a fee or other charge. These fees and charges are described on the Websites, and in the event you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted or linked at http://meta7.com. Magne Metaverse Research, Inc. may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.
ACCOUNT REGISTRATION AND REQUIREMENTS
2.1 You must establish an account to use meta7, using true and accurate registration information.
You must establish an account with Magne Metaverse Research, Inc. (your "Account") to use the Service, except for those portions of the Websites to which Magne Metaverse Research, Inc. allows access without registration. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may establish an Account with Registration Data provided to Magne Metaverse Research, Inc. by a third party through the use of an API, in which case you may have a separate, additional account relationship with such third party. You authorize Magne Metaverse Research, Inc., directly or through third parties, to make any inquiries we consider necessary to validate your Registration Data. Magne Metaverse Research, Inc. reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Magne Metaverse Research, Inc. cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user.
2.2 You must be 18 years of age or older to access meta7. Magne Metaverse Research, Inc. cannot absolutely control whether minors or adults gain unauthorized access to the Service.
By accepting this agreement in connection with an Account , you represent that you are an adult 18 years of age or older.
2.3 You need to use an account name in meta7 which is not misleading, offensive or infringing. You must select and keep secure your account password.
You must choose an account name to identify yourself to Magne Metaverse Research, Inc. (your "Account Name"), which will also serve as the name for the graphical representation of your body in the Service (such representation, an "Avatar"). You may not select as your Account Name the name of another person to the extent that could cause deception or confusion; a name which violates any trademark right, copyright, or other proprietary right; a name which may mislead other users to believe you to be an employee of Magne Metaverse Research, Inc.; or a name which Magne Metaverse Research, Inc. deems in its discretion to be vulgar or otherwise offensive. Magne Metaverse Research, Inc. reserves the right to delete or change any Account Name for any reason or no reason. You are fully responsible for all activities conducted through your Account or under your Account Name.
At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk.
2.4 Magne Metaverse Research, Inc. may require you to submit an indication of unique identity in the account registration process; e.g. credit card or other payment information, or SMS message code or other information requested by Magne Metaverse Research, Inc.. When an account is created, the information given for the account must match the address, phone number, and/or other unique identifier information associated with the identification method. You may register multiple accounts per identification method only at Magne Metaverse Research, Inc. sole discretion. A single account may be used by a single legal entity at Magne Metaverse Research, Inc. sole discretion and subject to Magne Metaverse Research, Inc. requirements. Additional accounts beyond the first account per unique user may be subject to fees upon account creation. You may not transfer your Account to any third party without the prior written consent of Magne Metaverse Research, Inc.; notwithstanding the foregoing, Magne Metaverse Research, Inc. will not unreasonably withhold consent to the transfer of an Account in good standing by operation of valid written will to a single natural person, provided that proper notice and documentation are delivered as requested by Magne Metaverse Research, Inc..
2.5 You may cancel your account at any time; however, there are no refunds for cancellation.
Accounts may be cancelled by you at any time. Upon your election to cancel, your account will be cancelled within 24 hours, but if you have paid for a period in advance you will be allowed to use the remaining time according to these Terms of Service unless your account or this Agreement is suspended or terminated based on our belief that you have violated this Agreement. There will be no refunds for any unused time on a subscription or any prepaid fees for any portion of the Service.
2.6 Magne Metaverse Research, Inc. may suspend or terminate your account at any time, without refund or obligation to you.
Magne Metaverse Research, Inc. has the right at any time for any reason or no reason to suspend or terminate your Account, 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 Magne Metaverse Research, Inc. 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.
2.7 Accounts affiliated with delinquent accounts are subject to remedial actions related to the delinquent account.
In the event an Account is suspended or terminated for your breach of this Agreement or your payment delinquency,Magne Metaverse Research, Inc. may suspend or terminate the Account associated with such breach and any or all other Accounts held by you or your affiliates, and your breach shall be deemed to apply to all such Accounts.
2.8 You are responsible for your own Internet access.
Magne Metaverse Research, Inc. does not provide Internet access, and you are responsible for all fees associated with your Internet connection.
LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS
3.1 You have a nonexclusive, limited, revocable license to use meta7 while you are in compliance with the terms of service.
Subject to the terms of this Agreement, Magne Metaverse Research, Inc. grants to you a non-exclusive, limited, fully revocable license to use software and the rest of the Service during the time you are in full compliance with the Terms of Service. Additional terms may apply to use of the APIs or other separate elements of the Service (i.e. elements that are not required to use the Viewer or the Servers); these terms are available where such separate elements are available for download from the Websites. Nothing in this Agreement, or on meta7s websites, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content. You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a Magne Metaverse Research, Inc. employee and that you do not expect to be, and will not be, compensated by Magne Metaverse Research, Inc. for such activities.
3.2 You retain copyright and other intellectual property rights with respect to Content you create in meta7, to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to Magne Metaverse Research, Inc. and to other users of meta7.
Users of the Service can create Content on Magne Metaverse Research, Inc. servers in various forms. Magne Metaverse Research, Inc. acknowledges and agrees that, subject to the terms and conditions of this Agreement, you will retain any and all applicable copyright and other intellectual property rights with respect to any Content you create using the Service, to the extent you have such rights under applicable law.
Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the service, you automatically grant (and you represent and warrant that you have the right to grant) to Magne Metaverse Research, Inc.: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Service as permitted by you through your interactions on the Service, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Service, provided that in the event that your Content appears publicly in material under the control of Magne Metaverse Research, Inc., and you provide written notice to Magne Metaverse Research, Inc. of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow Magne Metaverse Research, Inc., in its sole discretion, to identify the relevant Content and materials), Magne Metaverse Research, Inc. will make commercially reasonable efforts to cease its distribution of such Content following the receipt of such notice, although Magne Metaverse Research, Inc. cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the perpetual and irrevocable right to delete any or all of your Content from Magne Metaverse Research, Inc. servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as Magne Metaverse Research, Inc. may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Service. Further, you agree to grant to Magne Metaverse Research, Inc. a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your account information, including any data or other information generated by your account activity, in any media now known or not currently known, in accordance with our privacy policy as set forth below, including the incorporation by reference of terms posted at http://meta7.com.
You also understand and agree that by submitting your Content to any area of the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to Magne Metaverse Research, Inc. and to all other users of the Service a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual License, under any and all patent rights you may have or obtain with respect to your Content, to use your Content for all purposes within the Service. You further agree that you will not make any claims against Magne Metaverse Research, Inc. or against other users of the Service based on any allegations that any activities by either of the foregoing within the Service infringe your (or anyone else's) patent rights.
You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and Magne Metaverse Research, Inc. will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Service, including without limitation any legal consequences relating to your intellectual property rights; and (iii) Magne Metaverse Research, Inc. acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of Magne Metaverse Research, Inc. intention not to require users of the Service to forego certain intellectual property rights with respect to Content they create using the Service, subject to the terms of this Agreement.
3.3 Magne Metaverse Research, Inc. retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own.
You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data Magne Metaverse Research, Inc. stores on their servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of Magne Metaverse Research, Inc..
3.4 Magne Metaverse Research, Inc. licenses its textures and environmental content to you for your use in creating content in-world.
During any period in which your Account is active and in good standing, Magne Metaverse Research, Inc. gives you permission to create still and/or moving media, for use only within the virtual world environment of the Service ("in-world"), which use or include the "textures" and/or "environmental content" that are both (a) created or owned by Magne Metaverse Research, Inc. and (b) displayed by Magne Metaverse Research, Inc. in-world. Content imported and not created into any grid or services owned or managed by Magne Metaverse Research, Inc. may be subjected to further scrunity to verify ownership of such content. Magne Metaverse Research, Inc. will investigate claims, at its discretion, of copyright ownership issues defined by the DMCA.
CONDUCT BY USERS OF meta7
4.1 You agree to abide by certain rules of conduct, including the Community Standards and other rules prohibiting illegal and other practices that Magne Metaverse Research, Inc. deems harmful.
You agree to read and comply with the meta7 Community Standards
In addition to abiding at all times by the Community Standards, you agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (ii) impersonate any person or entity without their consent, including, but not limited to, a Magne Metaverse Research, Inc. employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit Content as determined by Magne Metaverse Research, Inc. at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that Magne Metaverse Research, Inc. considers in its sole discretion to be of such nature; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) attempt to gain access to any other user's Account or password; or (x) "stalk", abuse or attempt to abuse, or otherwise harass another user. (xi) Involve any member, employee or contractor in any resident disputes that occur on meta7 or any other similar 3d platform, You will not hold Magne Metaverse Research, Inc., its employees or contractors liable for any conduct or financial loss. (xii)
Any real-life images, and other depictions of sexual or lewd acts involving or appearing to involve real life children or minors (Under 18 years of age) are not allowed within meta7 or any other services offered by Magne Metaverse Research, Inc.. When detected, individuals and groups promoting or providing such content and activities will be subject to sanctions, which may include termination of accounts, closure of groups, removal of content, and loss of land or access to land. Depictions of real children in LEWD provocative poses or various states of LEWD undress are against policy and will not be tolerated and removed immediately. You may be held liable for anything you upload into the platform.
This will be clarified as:
(1) the graphic depiction of Real children in a sexual or lewd manner violates our Community Standards.
Magne Metaverse Research, Inc. provides the freedom for indivual and groups to roleplay and represent themselves in our service without restriction unless prohibited in the users own country and in accordance with this agreement defined by the laws of the United States of America and the State of Delaware. Magne Metaverse Research, Inc. may at any time choose to restrict, prohibit or manage content and roleplay at its own descretion or change in law without notice or compensation to you. Magne Metaverse Research, Inc. encourages the use of group restricted regions and roleplay to protect the privacy of its metazens. Content on public lands, owned or managed by Magne Metaverse Research, Inc. are strictly PG and nudity, offensive langauge, harrasment and sexual situations are prohibited.
Users of our services are bound by the laws that exist within their own states, countries or territory from where the user resides.
Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Account. You agree that Magne Metaverse Research, Inc. may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you. Using the Service is a privilege, and your account may be suspended, removed or altered at the sole discretion of Magne Metaverse Research, Inc.. Anyone who slanders, blackmails, defames, interferes with the credibility of the company, uses propaganda or any means to disrupt the grid or grid company or its members will be held liability to the maximum extent of the law.
4.2 You agree to use meta7 as provided, without unauthorized software or other means of access or use.
Magne Metaverse Research, Inc. has designed the Service to be experienced only as offered by Magne Metaverse Research, Inc. at the Websites or partner websites. Magne Metaverse Research, Inc. is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by Magne Metaverse Research, Inc.. We accept no responsibility for any other viewer not officially endorsed by Magne Metaverse Research, Inc..
4.3 You will comply with the processes of the Digital Millennium Copyright Act regarding copyright infringement claims covered under such Act. You are responsible for conforming to the laws of your nation or state.
4.4 Without a written license agreement, Magne Metaverse Research, Inc. does not authorize you to make any use of its trademarks.
RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION
5.1 You release Magne Metaverse Research, Inc. from your claims relating to other users of meta7. Magne Metaverse Research, Inc. has the right but not the obligation to resolve disputes between users of meta7.
As a condition of access to the Service, you release Magne Metaverse Research, Inc. (and Magne Metaverse Research, Inc. 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) Magne Metaverse Research, Inc. will have the right but not the obligation to resolve disputes between users relating to the Service, and Magne Metaverse Research, Inc. resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent Magne Metaverse Research, Inc. 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) Magne Metaverse Research, Inc. 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 Magne Metaverse Research, Inc. and Magne Metaverse Research, Inc. 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 Magne Metaverse Research, Inc. resolution of disputes relating to the Service.
5.2 Other service or product providers may form contractual relationships with you. Magne Metaverse Research, Inc. is not a party to your relationship with such other providers.
Subject to the terms of this Agreement, you may view or use the environment simulated by the Servers through viewer software that is not the Viewer provided by Magne Metaverse Research, Inc., and you may register for use of meta7 through websites that are not Websites owned and operated by meta7. Magne Metaverse Research, Inc. is not responsible for any software used with or in connection with meta7 other than software developed by Magne Metaverse Research, Inc.. Magne Metaverse Research, Inc. does not control and is not responsible for any information you provide to parties other than Magne Metaverse Research, Inc.. Magne Metaverse Research, Inc. is not a party to your agreement with any party that provides software, products or services to you in connection with meta7.
5.3 All data on Magne Metaverse Research, Inc servers are subject to deletion, alteration or transfer.
When using the Service, you may accumulate Content, Currency, objects, items, scripts, equipment, or other value or status indicators that reside as data on Magne Metaverse Research, Inc. servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON MAGNE METAVERSE RESEARCH, Inc. SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN MAGNE METAVERSE RESEARCH, Inc. SOLE DISCRETION.
YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, MAGNE METAVERSE RESEARCH, Inc. DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON MAGNE METAVERSE RESEARCH, Inc. SERVERS.
YOU UNDERSTAND AND AGREE THAT MAGNE METAVERSE RESEARCH, Inc. HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) 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.
5.4 Magne Metaverse Research, Inc provides the Service on an "as is" basis, without express or implied warranties.
MAGNE METAVERSE RESEARCH, Inc. PROVIDES THE SERVICE, THE SOFTWARE, 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, Magne Metaverse Research, Inc. does not ensure continuous, error-free, secure or virus-free operation of the Service, software or your Account, and you understand that you shall not be entitled to refunds for fees based on Magne Metaverse Research, Inc. failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
5.5 Magne Metaverse Research, Inc. liability to you is expressly limited, to the extent allowable under applicable law.
IN NO EVENT SHALL MAGNE METAVERSE RESEARCH, Inc. 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), YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT MAGNE METAVERSE RESEARCH, Inc. MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL MAGNE METAVERSE RESEARCH, Inc. CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that Magne Metaverse Research, Inc. cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service.
5.6 You will indemnify Magne Metaverse Research, Inc. from claims arising from breach of this Agreement by you, from your use of meta7, from loss of Content due to your actions, or from alleged infringement by you.
At Magne Metaverse Research, Inc. request, you agree to defend, indemnify and hold harmless Magne Metaverse Research, Inc., 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 Magne Metaverse Research, Inc., 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, 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 POLICY
6.1 Magne Metaverse Research, Inc. uses your personal information to operate and improve meta7, and will not give your personal information to third parties except to operate, improve and protect the Service.
The personal information you provide to us during registration is used for Magne Metaverse Research, Inc. internal purposes only. Magne Metaverse Research, Inc. uses the information it collects to learn what you like and to improve the Service. Magne Metaverse Research, Inc. will not give any of your personal information to any third party without your express approval except: as reasonably necessary to fulfill your service request, to third- party fulfillment houses, customer support, billing and credit verification services, and the like; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; or as otherwise necessary to protect Magne Metaverse Research, Inc., its agents and other users of the Service. Magne Metaverse Research, Inc. does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. Magne Metaverse Research, Inc. can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as Magne Metaverse Research, Inc., in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to Magne Metaverse Research, Inc. remote accessing and review of the computer onto which you load our software for purposes of support and debugging. You agree that Magne Metaverse Research, Inc. may communicate with you via email and any similar technology for any purpose relating to the Service, the meta7 software and any services or software which may in the future be provided by Magne Metaverse Research, Inc. or on Magne Metaverse Research, Inc. behalf. You agree to read the disclosures and be bound by the terms of the additional Privacy Policy information posted on our website.
6.2 Magne Metaverse Research, Inc. 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 Magne Metaverse Research, Inc., in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service. Magne Metaverse Research, Inc. 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.
DISPUTE RESOLUTION
If a dispute arises between you and Magne Metaverse Research, Inc., our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Magne Metaverse Research, Inc. agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Service (a "Claim") in accordance with one of the subsections below.
7.1 Governing Law. This Agreement and the relationship between you and Magne Metaverse Research, Inc. shall be governed in all respects by the laws of the State of Deleware without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
8.0 Meta7 "currency" is a limited license right available for purchase or free distribution at Magne Metaverse Research, Inc.'S discretion, and is not redeemable for monetary value from Magne Metaverse Research, Inc.
You acknowledge that the Service presently includes a component of in-world fictional currency ("Currency" or "Meta Credits" or "M$"), which constitutes a limited license right to use a feature of our product when, as, and if allowed by Magne Metaverse Research, Inc.. Magne Metaverse Research, Inc. may charge fees for the right to use Meta Credits, or may distribute Meta Credits without charge, in its sole discretion. Regardless of terminology used, Meta Credits represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Magne Metaverse Research, Inc. at any time. You agree that Magne Metaverse Research, Inc. has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, in any general or specific case, and that Magne Metaverse Research, Inc. will have no liability to you based on its exercise of such right.
You agree and acknowledge that Magne Metaverse Research, Inc. may deny any sell order or buy order individually or with respect to general volume or price limitations set by Magne Metaverse Research, Inc. for any reason. Magne Metaverse Research, Inc. may limit sellers or buyers to any group of users at any time. Magne Metaverse Research, Inc. may halt, suspend, discontinue, or reverse any transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service. Magne Metaverse Research, Inc. claims no responsibilty for any currency, real or fictional that has been exchanged for Meta Credits.
GENERAL PROVISIONS
The Service is controlled and operated by Magne Metaverse Research, Inc. from its offices within the State of Delaware, United States of America. Magne Metaverse Research, Inc. 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.
Magne Metaverse Research, Inc.s failure to act with respect to a breach by you or others does not waive Magne Metaverse Research, Inc. right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Magne Metaverse Research, Inc. under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of Magne Metaverse Research, Inc.. All or any of Magne Metaverse Research, Inc. rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of Magne Metaverse Research, Inc. assets. You may not assign or transfer this Agreement or any or all of your rights hereunder without the prior written consent of Magne Metaverse Research, Inc., and any attempt to do so is void. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Magne Metaverse Research, Inc. shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Magne Metaverse Research, Inc..
This Agreement sets forth the entire understanding and agreement between you and Magne Metaverse Research, Inc. with respect to the subject matter hereof. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
Magne Metaverse Research, Inc. may give notice to you by means of a general notice on our website at http://meta7.com, through the meta7 Viewer at or after log-in to your Account, by electronic mail to your e-mail address in our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All notices given by you or required under this Agreement shall be faxed mailed to us at: Magne Metaverse Research, Inc., ICO: and Gonser, P.A.Concord Plaza - Hagley Building, Suite 203 3411 Silverside Road Wilmington, DE 19810
