Terms of Service for OpenWorld

Welcome to OpenWorld !

Your access to and use of OpenWorld is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

DRM in OpenSimulator

You acknowledge the use of Digital Rights Management in OpenSimulator that grants certain content licenses to other users through the permissions system. This may include the copy, modify, and transfer settings for indicating how other users may use, reproduce, distribute, prepare derivative works of, display, or perform your Content subject to choices you make. You agree to respect, follow and allow the DRM rights of others that use this system.

You acknowledge that content creators maintain their rights to their content. You accept full responsibility for use of provided content and remain liable for unlawful usage.

DMCA Notices

If a content provider reports a DMCA violation to OpenWorld, it will be investigated and if warranted, removed from public access. Offending accounts may be banned from use of the services.

Copyrights

You agree that you will not copy, transfer, or distribute outside of  OpenWorld any content in whole or in part or in modified or unmodified form, that infringes or violates any Intellectual Property Rights of OpenWorld , other Content Providers, or any third parties.

Age

You certify that by clicking ACCEPT that you are over 18 years of age.

Data Rights

You grant OpenWorld permission to process your data to maintain your account. This includes:

  • Registration information you provide when you create an account such as:
    • Your Email address
    • Your Avatar Name
    • Your IP address
  • Information necessary to connect to your PC such as session ID's and web cookies
  • Any other personal information you give us to service your account.
  • Transaction information you provide when you request information or purchase a product or service from us, whether on our sites or through our applications.

Hyperlinks

OpenWorld may contain links or hyperlinks to third-party services that are not owned or controlled by OpenWorld. Hyperlinks are destinations that you may travel to. Hyperlinks connect to third parties and they will have access to limited data. They will need this info to provide Hypergrid service, and may not follow the GDPR act, but may use this information by means outside of our control.

You agree that your Avatar Name, Session ID, IP address and other technical information can be sent to other Opensimulator grids when you travel the hypergrid. OpenWorld has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that OpenWorld may contain links to third-party services that are not owned or controlled by OpenWorld .

Liability

OpenWorld shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Privacy and Data Protection Policy

Data Controller

For purposes of applicable data protection laws, including the General Data Protection Regulation (GDPR) and UK GDPR, the operator of acts as the Data Controller for personal data collected through the Service.

Contact information for privacy inquiries shall be published on the Service website.

Lawful Basis for Processing

We process personal data under one or more of the following lawful bases:

  • Performance of a contract with you.
  • Compliance with legal obligations.
  • Protection of vital interests.
  • Legitimate business interests.
  • Your consent where required by law.

Data Subject Rights

Subject to applicable law, you may request:

  • Access to your personal data.
  • Correction of inaccurate data.
  • Deletion of personal data.
  • Restriction of processing.
  • Objection to processing.
  • Data portability.
  • Withdrawal of consent.

Requests may be submitted through the contact methods provided by the Service.

Data Retention

Personal data shall be retained only as long as necessary for:

  • Operation of the Service.
  • Compliance with legal obligations.
  • Resolution of disputes.
  • Enforcement of agreements.

Certain records may be retained after account deletion where legally required.

International Transfers

You acknowledge that personal data may be processed and stored in jurisdictions different from your country of residence. Where required by law, appropriate safeguards shall be implemented for international transfers.

Security

We implement commercially reasonable administrative, technical, and organizational measures to protect personal information. No transmission or storage system can be guaranteed to be completely secure, and we cannot guarantee absolute security 

Acceptable Use

You agree not to:

  • Violate any applicable law.
  • Infringe intellectual property rights.
  • Upload malicious software.
  • Attempt unauthorized access to systems or accounts.
  • Harass, threaten, impersonate, or defraud other users.
  • Distribute unlawful, defamatory, obscene, or harmful content.
  • Interfere with operation of the Service.

Violation may result in suspension or termination.

User Content

You retain ownership of content you create and upload.

By submitting content to the Service, you grant the Service a non-exclusive, worldwide, royalty-free license to store, reproduce, display, transmit, and distribute such content solely as necessary to operate the Service.

You represent and warrant that you possess all necessary rights to upload such content.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account.

You must immediately notify the Service of any unauthorized use of your account.

Indemnification

You agree to indemnify, defend, and hold harmless the Service, its owners, operators, employees, contractors, and affiliates from claims, liabilities, damages, losses, costs, and expenses arising from:

  • Your use of the Service.
  • Your violation of these Terms.
  • Your violation of any third-party rights.

Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE."

To the fullest extent permitted by law, all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, and reliability, are disclaimed.

Limitation of Liability

To the fullest extent permitted by law, the Service shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages.

Where liability cannot be excluded, total liability shall not exceed the greater of:

  • Amounts paid by the user during the preceding twelve months; or
  • USD $100.

Governing Law

These Terms shall be governed by the laws of the jurisdiction in which the Service operator is established, without regard to conflict-of-law principles.

Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Service or website where required by law.

Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

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Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. This Agreement may be modified for any reason, without prior notice (unless prior notice is required by law), by posting the revised Agreement here. If at any time you do not agree to those terms and conditions, you must immediately cease your use of the system.

Agreement

You specifically give OpenWorld permission to collect and use your data as indicated in this Policy and you agree to be bound by this Terms of Service.

 

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