YOU UNDERSTAND THAT BY USING THE SERVICE, BY VISITING THESHOPS, USING THESHOPS OR OUR SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), PRODUCTS OR COPYRIGHTED MATERIALS (WHETHER OBTAINED VIA THESHOPS, IN SECOND LIFE, OR ELSEWHERE), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS IN THIS AGREEMENT IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THESHOPS SITE, SERVICES, OR PRODUCTS.
THESHOPS MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND THESHOPS CAN CHANGE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE BY POSTING UPDATED AN UPDATED VERSION OF THIS AGREEMENT ON THIS SITE. YOUR CONTINUED USE OF THIS SITE AND/OR PRODUCTS AFTER SUCH CHANGES HAVE BEEN POSTED ACKNOWLEDGES YOUR AGREEMENT TO THE MODIFICATIONS OR CHANGES, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THIS AGREEMENT POSTED ON THIS SITE PERIODICALLY FOR UPDATES AND CHANGES. Please see "Modification of the Site or Services or this Agreement."
Your Second Life account must be active and in good standing with Linden Lab. Any Second Life account holder with a history of permanent or elongated banning from Second Life, multiple DMCA claims against the account holder, any individual who has purposely exported or extracted goods, products, or files by TheShops or TheShops without the permission of TheShops or TheShops, any individual who has hosted any files or goods copyright TheShops on their computer, or on any server, excluding files downloaded by the official Second Life viewer to the Second Life cache without the use of other third-party programs and excluding files published by TheShops or TheShops on the web meant for public consumption or use, and/or any individual who has distributed and/or sold unauthorized copies of goods, products, or files by TheShops or TheShops, without the express written consent of TheShops, may not use TheShops, purchase TheShops products, or use any related services provided by any representative of TheShops or TheShops.
Modification of the Site or Services or this Agreement.
Termination or Suspension
TheShops reserves the right to immediately terminate or suspend your TheShops account and refuse to provide any access to the Site or Services in the event that you breach any of this Agreement without any reason or notice to you. We also reserve the right, at our sole discretion, to immediately terminate or suspend your TheShops account and refuse to provide any access to the Site or Services for any reason or no reason without notice. TheShops also reserves the right to restrict access to or withhold TheShops account, account information, credits, account balances, or other aspects or features of the web site for any or no reason or if there is reason to believe your account may be at risk or we have reason to believe you or your account may be associated with one or more fraudulent, illegal, or unauthorized transactions, activities, or if you have breached this Agreement in any way. Upon termination or restriction, all licenses and other rights granted to you by this Agreement will immediately cease. Any suspension, termination or cancellation by you or us, will not affect your obligations to TheShops, it's representatives, or any individuals under this Agreement (including, but not limited to, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
TheShops may notify authorities or take any actions it deems appropriate, without notice to you, if TheShops suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: failed to comply with any provision of this Agreement or any policies or rules established by TheShops; or engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, TheShops, it's Users, or any other third parties or the Site or Services.
TheShops Intellectual or Proprietary Rights and Ownership.
Certain types of content are made available through the Site and Services. "TheShops Content" as used in this Agreement means, collectively, the text, data, graphics, images, photos, and video files made available through the Site and Services.
TheShops owns all rights, titles and interests, including all worldwide intellectual property rights in the Site and all content thereon. You agree you will not remove, alter or conceal any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Site, TheShops Content, or related products and services. You agree you will not reproduce, modify, adapt, prepare derivative works based on, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, TheShops Content, or related products and services. You agree not to circumvent, disable or otherwise interfere with security related features that prevent or restrict use or copying of the Site or use, reproduce, modify, adapt, prepare derivative works based on, reverse-engineer, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site or any part thereof without the prior written permission of TheShops.
Product Licensing and Intellectual or Proprietary Rights and Ownership.
In addition to the general definition of a Product, use of the term Product may also refer to any product or files created, owned, distributed or delivered by TheShops, TheShops, or any of it's representatives or employers where applicable, including any source files, images, or copyrighted materials which make up the product or are included with the Product.
Products distributed and owned by TheShops or TheShops are distributed with a non-transferable, limited use license. This license grants you the right to personal use of the Product strictly within Second Life on an AS-IS basis. You may not share, distribute, resell, transfer, copy to another account or extract, or export out of Second Life any form or aspect of the Product, including but not limited to, source files, images, or copyright materials. You may not re-import (via Image Upload, third-party person or software, or otherwise any other means of re-importing) any derivates, products, goods, source files, images, or other copyrighted materials by TheShops into Second Life or any other virtual worlds environment or software, web site, server, or other software.
Products are licensed on an AS-IS basis and shall not be modified outside the means of the Edit Toolbox in an Official Second Life viewer, whereas anything modified further than changing the color, texture, size, or arrangement of the Product using the Edit Toolbox would be considered an infringement. Products are granted unique permissions using the Second Life permissions system, these permissions shall be respected and shall not be changed under any circumstance, including but not limited, a hack, software exploit, or use of a third party software. The Second Life permissions system acts as a guideline to help understand the limitations offered by the Second Life viewer, including limiting the ability to transfer, modify, or copy a Product within Second Life, these permissions shall not act as the full extent of limitations under the license granted to you by TheShops or TheShops and further described in this Agreement.
The Shops owns, claims and is assigned all rights, copyrights, and ownership to any content or products sold directly or uploaded under The Shops! system, including but not limited to ShoppingCart.Resident, TheShops.Resident, TheBoutique.Resident, and TheMeshProject.Resident and NOT including Third Party Content. Third Party Content supported by The Shops! Is not owned by The Shops, and The Shops makes no claim to such ownership and may not be responsible for the content, copyright, or otherwise nature of Third Party Content.
Except as otherwise expressly provided under this Agreement, you shall not, and shall not allow any third party or software to: (a) decompile, disassemble, extract, export, intercept, directly download, or otherwise reverse engineer or attempt to reconstruct or discover any source files, images, or copyright materials of the Product by any means whatsoever, to the maximum extent such restriction is allowable under applicable law, (b) alter, modify, enhance, or create a derivative work or improvement of any part of the Product, (c) remove, alter, or obscure any product identification, copyright, or other intellectual property marks embedded within the Product, (d) resell, re-license or sub-license, lease, lend the Product, or otherwise grant rights to the Product to any third party. You understand and agree that (d) the Product is licensed to you and not sold; and (e) TheShops retails full ownership of the Product and all associated copyrights, trademarks, and other intellectual property rights therein.
All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Warranties and Obligations
All TheShops and TheShops Credits, Products (including but not limited to virtual products), Services, are provided AS-IS and are non-refundable, except, in our sole and absolute discretion, and the purchase thereof are made at your own risk, and neither TheShops or TheShops make any warranties for any Products or Services offered. Virtual products purchased will be delivered and available for use as soon as reasonably practicable. We are not responsible for the non-delivery of an item, including but not limited to, when the item is being delivered through a third party environment such as Second Life. Any feature or service offering a reimbursement, refund, exchange, or re-delivery service are also available on an AS-IS basis as a courtesy of TheShops and are not guaranteed, and may be terminated at any time. TheShops and TheShops are also under no obligation to provide any refund in any form for any item that is broken, that later becomes disabled, that is later removed or altered by the developer or by Linden Lab.
TheShops also reserves the right to restrict access to TheShops credits, account balances, or other aspects or features of the web site for any or no reason or if there is reason to believe your account may be at risk or we have reason to believe you or your account may be associated with one or more fraudulent, illegal, or unauthorized transactions, activities, or have breached this Agreement in any way.
You agree that TheShops or it's representatives are not responsible for any loss or termination of service, products, or credits. By depositing or crediting your account with a virtual currency or any form of credits you are purchasing TheShops credits. TheShops account credits or account balances represent no monetary value and are not redeemable for any sum of money or monetary value from TheShops at any time, and that any option to withdraw or convert your credits or account balance to a virtual currency (such as Linden Dollars) into your Second Life account is provided on an AS-IS basis and we are not obligated to continue offering this feature or service. Please do not deposit anything more than you are willing to spend on the purchase of products or services.
General Terms of Sale and Purchase of Product for Personal User Only
You may purchase products from this Service only for personal use and not for any form of resale or redistribution. You hereby agree that you are purchasing products for personal use only and not for resale or redistribution and you accept these general terms and conditions of sale.
We reserve the right to refuse products, orders, or service for any reason without explanation.
User Conduct and Obligations
The TheShops Site and Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws in connection with your use of the TheShops Site and Services. In addition, without limitation, you agree not do any of the following while using or accessing the TheShops Site, TheShops Content, or Services:
- Circumvent, disable or otherwise interfere with security related features of the TheShops Site or features that prevent or restrict use or copying of any TheShops Content.
- Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the TheShops Site or Services to send altered, deceptive or false source-identifying information.
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud.
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the TheShops Site, servers or networks connected to the TheShops Site or the technical delivery systems of TheShops's providers or disobey any requirements, procedures, policies or regulations of networks connected to the TheShops Site.
- Attempt to probe, scan or test the vulnerability of any TheShops system or network or breach or impair or circumvent any security or authentication measures protecting the TheShops Site or Services.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the TheShops Site or Services.
- Collect or store personal data about other TheShops Users without their express permission.
- Use the TheShops Site or Services in any manner not permitted by this Agreement; or
- Encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement.
Disclaimer of Warranties
Your use of this Site is at your own risk. TheShops makes no representation or warranty that the Site or Services will be error free, or that the errors will be corrected, and the site or services may contain inaccuracies or typographical or other errors. TheShops does not warrant the accuracy of timeliness of the Content, Materials, or User Submissions contained on this Site. TheShops has no liability for any errors or omissions in the Site, Services, Materials, and/or User Submissions.
The TheShops site, services, TheShops content and user submissions, and all materials, information, products and services included therein, are provided on an "as is," "as available" and "where-is" basis with no warranties of any kind. TheShops expressly disclaims all warranties of any kind, express, implied or statutory, relating to the TheShops site, services, TheShops content, products, and user submissions, including, without limitation, the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights or third party rights, course of dealing or course of performance. unless otherwise explicitly stated, to the maximum extent permitted by applicable law, TheShops disclaims any warranties: (a) regarding the security, accuracy, reliability, timeliness and performance of the TheShops site; or (b) that the TheShops site, services, TheShops content and user submissions will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from TheShops, will create any warranty not expressly stated in this agreement.
Limitation of Liability
In no event will TheShops, its officers, directors, employees or agents, be liable to you for any damages whatsoever, including, without limitation, indirect, incidental, special, punitive or consequential damages arising out of or in connection with your use of the TheShops site, services, TheShops content and user submissions or the conduct of any TheShops users whether online or offline, whether the damages are foreseeable and whether or not TheShops has been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction and in no event will TheShops's cumulative liability to you with respect to this agreement, exceed $100. TheShops will not be liable for any loss of service, data, termination, interruptions or errors relating to the site or services, any consequences following interruptions or errors, downtime, or scheduled or unscheduled interruptions of the second life enviorment.
You agree to defend, indemnify and hold TheShops, its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with: (a) your access to or use of the TheShops Site, Services, TheShops Content and User Submissions; (b) your violation of this Agreement; (c) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party, including, without limitation, claims that your User Submissions are infringing of a third party's intellectual property rights.
You will not voluntarily or by operation of law assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, or otherwise transfer the obligations incurred pursuant to the terms of this Agreement without the prior written consent of the Company. Any purported assignment or delegation by you without the appropriate prior written consent of TheShops will be null and void. TheShops may assign this Agreement or any rights hereunder without your consent.
Relationship of the Parties
For purposes of this Agreement, including if you become a Member, User, Purchaser, and/or create an Account, you are not an employee or agent of TheShops and you will not represent that you are any of the foregoing. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract.
Severability and Waiver
In the event that any provision in this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of TheShops to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
TheShops will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of nature, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to TheShops infrastructure or connectivity to the Internet or failure at a TheShops co-location facility, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, TheShops will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as required.
Consent to Electronic Notice
You hereby consent to the use of: (a) electronic means to complete this Agreement and to provide you with any notices given pursuant to this Agreement (including notices regarding the security of your data); and (b) electronic records to store information related to this Agreement.
This Agreement is the entire and exclusive agreement between TheShops and you regarding the TheShops Site, TheShops Content and Services and supersede and replace any prior agreements between TheShops and you regarding the TheShops Site and Services. This Agreement and the relationship between you and TheShops will be governed by the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Agreement and the rules, restrictions and policies contained herein, and TheShops's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and TheShops. This Agreement together with the rules and policies of TheShops constitutes the entire agreement between TheShops and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (i) by TheShops via email (in each case to the address that you provide), (ii) a posting on the TheShops Site or (iii) by you via e-mail to the addresses TheShops may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
The headings contained in this Agreement are for convenience of reference only and are not intended to have any substantive significance in the construction or interpretation of this Agreement.
Links to Third Party Web Sites
This Site may provide links to third party websites (the "Third Party Websites"). Provider and TheShops do not operate, control, endorse or guarantee any Third Party Websites. You agree that TheShops and Provider are not responsible for any content, services and/or products provided by any Third Party Website. When you access any Third Party Website through a link posted on this Site, please carefully read the terms and conditions of use and other policies of such Third Party Website. This Agreement and other policies do not apply to any Third Party Website.
Your feedback is welcome and encouraged. You may submit feedback by contacting us via e-mail or via our Support System. You agree, however, that (i) by submitting unsolicited ideas to TheShops or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to TheShops or any of its employees or representatives automatically become the property of TheShops. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to TheShops together with all intellectual property rights therein.
If you have questions about this Agreement, please contact TheShops.Resident.
The terms and conditions outlined in this agreement are the property of TheShops and may not be duplicated, replicated, altered or manipulated in any way.