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[Table of Contents]

COPYRIGHT & END USER AGREEMENT

Thank you for your use of a Fred Beckhusen (me) product. I appreciate your patronage and hope that your item enriches your virtual experience.

All my products are Copyright 2009 or later, subject to copyright protections afforded by Title 17 of the U.S.C., Circular 40, Copyright Registration for Works of the Visual Arts. The use of any of my products means you fully accept the license agreement below. This Agreement is governed by The Digital Millennium Copyright Act (DMCA), 1998.

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

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

CONTENT LICENSE AGREEMENT

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

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

I hereby grant to you a perpetual, non-exclusive, non-transferable license to use the Content on the terms and conditions contained in this Agreement. Unless the activity is expressly permitted, you cannot do it. All other rights to and in the Content and accompanying materials (if applicable), including, without limitation, all intellectual property rights relating thereto, are retained by me, as the case may be.

PROHIBITED USES:

You may not :
  • use the Content or any part thereof as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
  • use the Content in a fashion that is considered by Ferd Frederix to be defamatory or libelous in nature;
  • remove any notice of copyright, trade-mark or other proprietary right from any place where it appears on or in the Content or its accompanying materials;
  • sub-license, re-sell, rent, lend, or otherwise distribute the Content unless provided doe by licenses stated in the product or web page;
  • transfer the rights to the Content or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement.

TERM:

This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content, and any Derivative Works related thereto, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content, and any Derivative Works related thereto, for any purpose. The Agreement also terminates if at any time you fail to comply with the terms of this Agreement. Upon termination of this Agreement, you hereby agree to destroy all copies and archives of the Content, and any Derivative Works related thereto, to cease using the Content, and any Derivative Works related thereto, for any purpose, and to confirm to me in writing that you have complied with these requirements.

Termination of this Agreement does not relieve you of your responsibilities to me under this agreement or your obligations to not use the Content, or any Derivative Works related thereto, other than in the manner permitted under this Agreement.

LIMITED REPRESENTATIONS AND WARRANTIES:

The web site (s) and Second Life servers acts as an exchange of Content between those who provide Content and those who wish to use such Content. Accordingly, Fred Beckhusen makes NO representation or warranty that any Content provided is Royalty Free.

Statements as to any rights and ownership of the Content are provided as a reference only and questions regarding the usability for any purpose or proposed use should be directed to me.

LIMITATION OF REMEDIES & LIABILITY:

IN NO EVENT SHALL Fred Beckhusen BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE CONTENT.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION:

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

GENERAL:

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

JURISDICTION & ARBITRATION:

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

SECOND LIFE SYSTEM

I will do my best to insure a pleasant and glitch-free experience; however, as with any program, by using it you must agree to the terms on which we offer access to our services.

The following agreement (this "Agreement" or the "Terms of Service" or "TOS") describes the terms on which I offer you access to these 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 this product, you agree to these Terms of Service.

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

CONTENT COPYRIGHT

By using any of our products you agree to my Copyright and End User License Agreement, as visible on the website https://www.outworldz.com.

You acknowledge that I have rights to my 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.

CHEATING/HACKING/SCAMMING/EXPLOITING

Fred Beckhusen reserves the right to eliminate any services, without warning.

You understand and agree that you shall this product is provided to you at no charge, and shall receive no refund or exchange from Ferd Frederix regardless of damages incurred by you or others affected by your behavior and gameplay.

Fred Beckhusen reserves the right to take such actions without warning, and without explanation or revelation of evidence of said cheating activity, and reserves the right to pursue legal action to recuperate any losses incurred.

DAMAGE RELEASE

As a condition of access to the Service, you release Fred me 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.

SERVICE INTERRUPTIONS

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

Fred Beckhusen reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Ferd Frederix 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. Fred Beckhusen 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.

PRIVACY

Fred Beckhusen and third party services may observe and record your chat within the Service, and such chat logs will be used solely for quality purposes. I will not share your personal information with third parties.

You acknowledge and agree that Fred Beckhusen, in his sole discretion, may track, record, observe or follow any and all of your interactions within the Service. Fred Beckhusen may share general or aggregated information with third parties about the user base and Service usage, but that information will not include or be linked to any personal information.

INTERNATIONAL PROVISIONS

The Service is controlled and operated by Fred Beckhusen from within the State of Texas, United States of America. Fred Beckhusen 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.

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