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Second Life Project Terms of Service
Last revised 2/28/2007
1: Agreement. This Agreement is a contract between you and Poor
Irishman Internet Marketing, LLC ("Poor Irishman Internet Marketing")
and applies to your use of the Second Life Project (SLP) service available
through www.secondlifeproject.com
(the "Service"). You understand and agree that the Service is
provided on an AS IS and AS AVAILABLE basis. Poor Irishman Internet Marketing
disclaims all responsibility and liability for the availability, timeliness,
security or reliability of the Service. Poor Irishman Internet Marketing also
reserves the right to modify, suspend or discontinue the Service with or
without notice at any time and without any liability to you.
2: Account restrictions.
2.1: Eligibility. This Agreement must be completed, understood and
agreed to by an adult of at least 18 years of age who holds a Second Life Account in good standing. If you are not yet 18 or do not hold an
active Second Life Account, you do not have permission to create an Account or use the
Service. By accepting this agreement you represent that you are an adult 18
years of age or older.
2.2: Obligations. In consideration of use of the Service, you agree
to: (a) provide true, accurate, current, and complete information about
yourself as prompted by the registration form; and (b) to maintain and update
this information to keep it true, accurate, current, and complete. If any
information provided by you is untrue, inaccurate, not current, or incomplete,
Poor Irishman Internet Marketing has the right to terminate your Account and
refuse any and all current and/or future use of the Service.
3: Billing.
3.1: Commissions and Prepay Services. Poor Irishman Internet
Marketing charges fees for some activities of the Service. A current and
complete listing of fees is available on the Account Registration
page. By accepting this agreement you represent that you agree to the fees and
policies stated in the Account Registration.
3.2: Recurring Charges for Prepaid Services. All recurring charges
are payable in advance. All billing periods start and end according to the date
the Prepaid Service is initiated. The billing period length for each Prepaid
Service is listed in the Account Registration.
3.3: Pricing. Poor Irishman Internet Marketing may change its pricing
and/or payment structure at any time.
4: Payments in US Dollars.
4.1: Tax Reporting Information. In order to ensure proper payment,
you are solely responsible for providing and maintaining correct contact and
payment information in your account. For US taxpayers this information includes
without limitation a valid US tax identification number and a completed Form
W-9. For non-US taxpayers this information includes a completed Form W-8 or
other form, which may require a valid US tax identification number as required
by the US Internal Revenue Service.
4.2: Government Fees. You agree to pay all applicable taxes or fees
imposed by any government entity in connection with your use of the Service.
4.3: Ownership of Funds. Payments made under this Agreement are only
for use by you and may not be transferred to any third party unless expressly
authorized in writing by Poor Irishman Internet Marketing.
4.4: Violation of Agreement. Poor Irishman Internet Marketing
reserves the right to withhold payment or charge back your account due to any
violation of this Agreement by you, pending Poor Irishman Internet Marketing's
reasonable investigation of any violation of this Agreement by you.
5: User-Supplied Content.
5.1: User-Supplied Website Content. You understand that information
available to you through the Service may include information, data, text,
software, music, sound, photographs, graphics, video, messages, or any other
materials whatsoever (collectively, "Content") that are unedited,
sexually explicit, or offensive to you and that your access to such materials
is at your own risk. Poor Irishman Internet Marketing hereby disclaims any
responsibility for or control over all Content.
5.2: User-Supplied Products and Services. You understand that the
products and services available to you through the Service may include Content
or functionality that violates the Second Life Terms of Service. You agree that
your access to and use of such Content is at your own risk. Poor Irishman
Internet Marketing hereby disclaims any responsibility for or control over such
Content.
5.3: Right to Refuse Content. Poor Irishman Internet Marketing
reserves the right (but not the obligation) to refuse or delete any Content
that it reasonably considers to violate any provision of this Agreement or be
otherwise illegal.
5.4: Right of Editorial Discretion. Poor Irishman Internet Marketing
reserves the right to modify any Content that it reasonably considers to
violate any provision of this Agreement for the purpose of bringing it into
compliance with this Agreement.
5.5: Right to Review Second Life Content. Poor Irishman Internet
Marketing reserves the right to acquire and review items, scripts, textures, or
any other assets in Second Life (to the extent that Second Life permissions
allow) that are represented by Second Life Project (SLP) Content for the
purpose of investigating claims of misrepresentation (see Section 6.2).
5.6: License. When you submit Content, you remain the original
copyright holder. However in doing so you also grant Poor Irishman Internet
Marketing a non-exclusive, world-wide, royalty-free, sublicenseable right to
exercise the copyright, publicity, and database rights you have in the Content
(excluding Content not residing in Poor Irishman Internet Marketing's computer
systems, such as Second Life inventory). These rights allow us to do our job of
promoting, selling, and distributing your Content.
6: User Conduct.
6.1: User Conduct. You agree not to upload, post, email, or otherwise
transmit through the Service: (a) any unlawful, harassing, libelous, privacy
invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous,
or otherwise objectionable Content of any kind; (b) any Content that violates
the rights of another, including, but not limited to, the intellectual property
rights of another; (c) any Content that violates any applicable local, state,
national, or international law or regulation; or (d) unsolicited or
unauthorized advertisements, promotional materials, "junk mail,"
"spam," "chain letters," or other forms of solicitation.
6.2: Misrepresentation. You agree not to defraud or misrepresent
yourself, your Content, other members, or their Content through use of the
Service.
6.3: Adult Content. YOU AGREE THAT YOU WILL POST OR UPLOAD ADULT
CONTENT ONLY IN AREAS WHERE IT IS CLEARLY VISIBLE THAT YOU CAN SPECIFY CONTENT
AS "Adult" AND THAT YOU WILL MARK ANY CONTENT WHICH FALLS UNDER THE Adult
Guidelines AS "Adult". BY ACCEPTING THIS AGREEMENT YOU REPRESENT THAT
YOU AGREE TO THE POLICIES STATED IN THE Listing Guidelines.
7: Interruption or Change of Service. Poor Irishman Internet
Marketing, at its sole discretion, modify or revise these terms and conditions
and policies at any time, and you agree to be bound by such modifications or
revisions. If you do not accept and abide by this Agreement, you may not use
the Service. Nothing in this Agreement shall be deemed to confer any third
party rights or benefits.
8: Termination. You agree Poor Irishman Internet Marketing may
immediately delete your Account and all related information, communications,
and files, and may bar any further access to such account, communications,
files, or the Service under any provision of this Agreement. You also
acknowledge and agree that termination of any of Service may be effected
without prior notice.
9: Unauthorized Transactions
9.1: Poor Irishman Internet Marketing reserves the right to hold any
member's funds, Linden or US Dollars, up to 30 days from the time funds are
deposited or received if there is reason to believe said funds may be
associated with one or more fraudulent or unauthorized transactions.
9.2: Poor Irishman Internet Marketing reserves the right to reverse, charge
back, or withhold payment of any transaction that is confirmed to be fraudulent
or unauthorized. You agree this may affect your account even if you are not
directly involved with said fraudulent transactions. You further agree that
Poor Irishman Internet Marketing shall not be held liable for any damages
resulting from actions taken against fraudulent or unauthorized transactions.
9.3: Poor Irishman Internet Marketing implements the Second
Life Exchange Risk API. The risk API is under the control of Linden Research, Inc. and it indicates
when Linden Dollar payments should not be accepted by Poor Irishman Internet
Marketing. Poor Irishman Internet Marketing may hold Linden Dollar payments for
review, reverse transactions, and/or return the funds to the depositing avatar
in order to comply with risk API indications. You agree that Poor Irishman
Internet Marketing shall not be held liable for any damages resulting from
actions taken to comply with the risk API.
10: Disclaimer of Warranties.
10.1: YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
10.2: Poor Irishman Internet Marketing EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
10.3: Poor Irishman Internet Marketing MAKES NO WARRANTY THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES Poor Irishman Internet Marketing MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR
AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
10.4: YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, CONTENT, DATA, OR OTHER
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICE IS
OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
10.5: Poor Irishman Internet Marketing MAKES NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE.
10.6: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Poor Irishman Internet Marketing OR THROUGH OR FROM THE SERVICE, SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
10.7: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.
11: Limitation of Liability
11.1: YOU AGREE THAT Poor Irishman Internet Marketing, ITS PARTNERS,
AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES AND
DISTRIBUTORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR
FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF Poor Irishman Internet
Marketing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2: YOU FURTHER AGREE THAT Poor Irishman Internet Marketing SHALL NOT BE
LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF
SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR
TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR
ADVERTENT.
11.3: You acknowledge that Pursuant to Section 512 of the Digital Millennium
Copyright Act, Poor Irishman Internet Marketing has a policy providing for
termination of Service to Account holders who are repeat offenders. However,
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL Poor Irishman Internet
Marketing BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING,
BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR
LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING
OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES
COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS
DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.
11.4: IN NO EVENT SHALL Poor Irishman Internet Marketing BE LIABLE FOR ANY
AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS
OF $50.
11.5: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO SOME USERS.
12: Copyrights. If you believe that your work is accessible via
Second Life Project (SLP) in a way that constitutes copyright infringement, you
may notify us with the following information in writing:
- identification of the
copyrighted work you claim has been infringed
- a link to the page containing
copyrighted work that has been infringed and a description of the nature
of the infringement
- name, address, telephone
number, and email address of the person making the copyright infringement
claim
- inclusion of the following
statement:
"I have a good faith belief that use of the copyright materials
described above on the allegedly infringing web pages is not authorized by
the copyright owner, its agent, or the law. I swear, under penalty of
perjury, that the information in the notification is accurate and that I
am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed."
- physical signature of the
copyright holder or authorized agent (may be in an electronic format such
as a scanned document)
The complaint can be submitted to Poor Irishman Internet Marketing via any
of the following:
- email (in the form of a
scanned document such as a PDF) to
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
,
- or via postal mail to:
Poor Irishman Internet Marketing
Attn: Andrew Jackson
4954 Woodland Ferry Road
Seaford, DE 19973
USA
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
302-628-7855
If Poor Irishman Internet Marketing receives such a claim, Poor Irishman
Internet Marketing reserves the right to refuse or delete Content in accordance
with Section 4.3 or to terminate a member's Account in accordance with Section
7 of this Agreement.
After receiving an infringement claim, Poor Irishman Internet Marketing will
investigate and take appropriate actions under the Digital Millennium Copyright
Act of 1998 (DMCA) and any other applicable laws.
The DMCA provides for counter-notification if a member feels he or she is
being wrongly accused of copyright infringement. A written counter-notification
letter must be sent including the following information:
- identification of Content
that has been removed or disabled by Poor Irishman Internet Marketing
- name, address, telephone
number, and email address of the member
- a statement consenting to the
jurisdiction of the Federal District Court (i) in the judicial district
where the member's address is located if the address is in the United
States, or (ii) in the Federal District Court of Delaware (where Poor
Irishman Internet Marketing does business) if the member's address is located
outside the United States. (17 U.S.C. � 512(g)(3))
- inclusion of the following
statement:
"I swear, under penalty of perjury, that I have a good faith belief
that the item identified above was removed or disabled as a result of a
mistake or the misidentification and is not infringing on copyright."
- physical signature of the
member (may be in an electronic format such as a scanned document)
After receiving a counter-notification, Poor Irishman Internet Marketing
will take appropriate actions under the DMCA and any other applicable laws.
In cases where the parties cannot come to agreement on the copyright
infringement claim, Poor Irishman Internet Marketing will take action as deemed
appropriate by the courts.
13: General. This Agreement and the relationship between you and Poor
Irishman Internet Marketing shall be governed by the laws of the State of
Delaware without regard to its conflict of law provisions. You and Poor
Irishman Internet Marketing agree to submit to the personal and exclusive
jurisdiction of the courts located within Sussex County, Delaware. The failure
of Poor Irishman Internet Marketing to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or
provision. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision and rule that the other provisions of this Agreement remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Services or this Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
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