Terms of Service (TOS)
This agreement is for the use of Virtual Land and featured Services in UFSGrid, a virtual world owned and managed independently. The UFSGrid community is being developed in efforts to create a Science Fiction themed environment, using as a guide the basics of a MMORPG. Service is provided to the person/s known as ("customer"), who is furthermore indicated on the account by an avatar name and/or PayPal name, and email. This agreement further includes "visitors" from other grids, or any who access and use any part of UFSGrid products and services.
Customers must read, understand, and agree to the terms and conditions below, collectively the ("agreement"), before using the Service provided by UFSGrid. Your download and entry of into the environment constitutes an agreement with our Terms of Service regardless to any alerts, notifications or popups. If you are not in full agreement to our Terms of Service, DO NOT log into UFSGrid.
THE SERVICES AND CONTENT OF UFSGrid
- Basic description of the service:
UFSGrid is set in a Science Fiction theme with various user created environments, including software and websites.
"UFSGrid" is a Sci-Fi Themed, multi-user online service offered by UFSGrid, based on the OpenSim technology, including the online environments that support the service, including without limitation: the server computation, software access, messaging and protocols that simulate the worlds environment (the "Servers"), the software (where applies) that is provided by UFSGrid and installed on the local computer or other device you use to access the servers and thereby view or otherwise access the UFSGrid environment as can be a custom version of the "Viewer", and access to the websites and services available from the domain and subdomains of http://www.ufsgrid.com (the "Websites"). The Servers, Viewers, Websites and any other UFSGrid Software collectively constitute the "Service" as used in this agreement. As UFSGrid is based on OpenSim Technology, all the rights of the core, as well as any third party software belong to the developers. We use this technology to provide to you the Service.
- UFSGrid is a service provider which means, among other things, that UFSGrid does not control various aspects of the Service.
You acknowledge that UFSGrid is a service provider that may allow people to interact online regarding topics and content chosen by the users of the service, and that users can alter the service environment on a real-time basis. UFSGrid generally does not regulate the content of communications between users or users' interactions with the Service. As a result, UFSGrid has limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.
- Content available in the Service may be provided by users of the Service, rather than by UFSGrid. UFSGrid and other parties have rights in their respective content, which you agree to respect, which includes but is not limited to communications and intellectual property. Transmitting any communication logs of one user to another without their consent is not allowed, unless the person receiving the log is a Q who is being involved to mediate a dispute or issue. This is treated no differently than transferring objects created without permission to do so by the creator.
You acknowledge that: (1) 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 (2) 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"). UFSGrid does not pre-screen Content.
You acknowledge that UFSGrid 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 UFSGrid.
- UFSGrid is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at UFSGrid’s sole discretion and/or due to OpenSimulator changes.
UFSGrid reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that UFSGrid 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. UFSGrid 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.
- In the event you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the Websites and/or in-world Sales Office.
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 [] . UFSGrid may add new services for additional fees and charges, or proactively amend fees and charges for existing services, and may do so or change them at any time in its sole discretion. Changes in pricing and fees will be posted to the billing website, or via other methods of communication, in order to ensure that all clients are aware.
USE OF THE VIRTUAL LAND
- The customer understands that the SIM, ESTATE or REGION in which they may be leasing is governed by UFSGrid. To access the UFSGrid Community, the customer must accept and observe the terms of this agreement. Customers assume sole responsibility for use of the Service we provide, and required payments due for their monthly tier (as defined below) in connection with the customer account.
- UFSGrid reserves the right to update and change this agreement as necessary.
- UFSGrid will make available any change in terms to this agreement.
- UFSGrid does not operate with an age limit
- You must choose an account name to identify yourself to UFSGrid staff (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 UFSGrid; or a name which UFSGrid deems in its discretion to be vulgar or otherwise offensive. UFSGrid 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.
- Subject to the terms of this agreement, the customer is responsible for all charges associated with tier fees, if applicable. Your occupancy of virtual land is an automatic acceptance of these terms and all fees/charges associated with your sim/s.
- UFSGrid hereby grants to the customer, and the customer accepts from UFSGrid, transferable land to access, profit from and use at the customers sole discretion, under a defined thematic environment design, terraform, buildings, etc, according with the sim location on the provided Grid Maps in order to match the whole zone where the sim is located (ground textures, etc)
- This sub-lease of bandwidth (translated into virtual land) does not constitute a sale of tangible land, nor does it pass to the customer any title or rights to any Estate within UFSGrid.
- Customer agrees to use the Service hereunder in connection with only their virtual business, residential, or roleplay use.
- The customer acknowledges that the Service provided by UFSGrid including all documentation, logos, informational formats, Universal Resource Libraries (URL's), Domains and email addresses used in connection therewith, are the exclusive proprietary property of UFSGrid, unless identified as otherwise in writing by the parties.
- Customer acknowledges that UFSGrid, is the sole property of UFSGrid and operates independently of any other independently owned virtual grid.
- Customer acknowledges their responsibility to properly fill out a trouble ticket or contact us by email through the UFSGrid.com “Support" section if there are performance issues that may arise that either appears to be regional or grid wide. This helps both UFSGrid Support Staff and UFSGrid Tech Support alleviate any performance issues as quickly as possible.
- Customer acknowledges that the transfer of land might become a "manual", in world, process and may take an extended amount of time and that UFSGrid cannot always control the time frame involved in any transfer due to any server issues.
TERMINATION OF SERVICE
UFSGrid 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 UFSGrid 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. Tier fees paid by use of third party payment system are done by subscription and in USD$. If customer cancels subscription, no pro-rating or refunds will apply. (Typically, your payment is due 1 calendar month from date of purchase.) UFSGrid’s billing system is set up to send reminders about renew orders near the due date. We are not responsible for damage to parcels due to non payment or non communication. We are not responsible for misapplied payments or payment/account issues with your funding sources with PayPal - Customer acknowledges that there will be NO REFUNDS on any payments made unless UFSGrid is expressly at fault.
- Land will be reclaimed on the date that tier would have been due after any cancellation.
- UFSGrid reserves the right to reject land leasing requests when UFSGrid deems such a rejection is warranted; including but not limited to termination of customer's Service for violations of this agreement, violation of the UFSGrid Terms of Service, UFSGrid Code of Conduct, and termination due to delinquency, or outstanding fees at the time of termination, or for any reason in UFSGrid’s sole discretion.
- Customer acknowledges that the UFSGrid Service maintains confidentiality for each customer and will not divulge names, avatar names, account information, emails, or any other such demographic information that pertains to one's account.
- Customer agrees to civil mediation if a discrepancy in payment or time allotment arises.
- In the event that customer intentionally and willfully engages in any fraudulent or abusive use of the UFSGrid Terms of Service, disclosure or application of the Service, or willfully and intentionally defrauds a potential buyer of the UFSGrid Land, the customer shall forfeit its rights to use the Service under this or any other agreement between customer and UFSGrid, together with all payments made under this agreement. Customer use of the service shall cease and virtual land will be reclaimed.
LICENSE AND INTELLECTUAL PROPERTY TERMS
- Users of the Service can create content on UFSGrid servers in various forms. UFSGrid 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 UFSGrid:
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 UFSGrid, and you provide written notice to UFSGrid of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow UFSGrid, in its sole discretion, to identify the relevant Content and materials), UFSGrid will make commercially reasonable efforts to cease its distribution of such Content following the receipt of such notice, although UFSGrid 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 UFSGrid 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;
(c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as UFSGrid may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Service.
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 UFSGrid 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 UFSGrid 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 UFSGrid 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) UFSGrid's 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 UFSGrid's 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.
d) 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 UFSGrid stores on UFSGrid 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 UFSGrid.
The Above license does not give to UFSGrid the right to use your copyrights without your authorization and users of our service are fully within their rights to enforce their copyrights against other users if any are infringing. Any grievance regarding copyright infringement may be filed using the [UFSGrid Support Portal] ticketing system under the category of “Abuse”.
e) You understand that UFSGrid will make every effort to cease content that may be trademarked or copyrighted without permissions and will erase it from our servers. Content may be deleted with or without reason or forewarning.
f) If for any reason your intellectual property, copyrights, patents, trademarks or filed trade secrets are being infringed upon you agree to allow an investigation of such issue in an effort to either discontinue such service or content OR gather evidence to the contrary. We will make every effort to cease any infringements following any notices we receive from you; along with any valid documentation.
CONDUCT BY USERS OF UFSGRID
a) You agree to read and comply with the following OOC (Out of character) and IC (In character) behavior standards:
b) Adult and minor ages users
UFSGrid not knowingly execute an agreement with anyone under the age of 18. Persons under age 18 may NOT use the Service without the consent and supervision of their parent or legal guardian. We only provide MATURE land. If the customer chooses to permit a minor to use the Service, the customer agrees to
(i) Supervise minor's use of any and all MATURE land usage,
(ii) Assume all risks associated with the minor's viewing of content received through use of virtual land we offer,
(iii) Assume any and all liabilities, including payment for services, resulting from the minor's use of UFSGrid Services as specified in this agreement,
(iv) Any user age 17 and younger who gains unauthorized access to the Service is in breach of this agreement and may face immediate termination of any or all Accounts held by such user for any area of the Service. If you reside in a jurisdiction where the age of majority is greater than 18 years old, you are prohibited from accessing the Service until you have reached such age of majority.By accepting this agreement, you represent that
(1) You are an adult 18 years of age or older ;
(2) You have read and accept this agreement. UFSGrid cannot absolutely control whether minors gain access to the Service, and makes no representation that users in the grid are not minors
- Intolerance (OOC)
Combating intolerance is important inside UFSGrid community. Actions that marginalize, belittle, or defame individuals or groups inhibit the satisfying exchange of ideas and diminish the UFSGrid community as whole. The use of derogatory or demeaning language or images in reference to another Resident's race, ethnicity, gender, religion, or sexual orientation is not allowed in UFSGrid out of character. As UFSGrid is a Sci-Fi and Star Trek themed grid, this rule apply only outside character (Private Messages included)
- Harassment (OOC)
Given the myriad capabilities of UFSGrid, harassment can take many forms. Communicating or behaving in a manner which is offensively coarse, intimidating or threatening, constitutes unwelcome sexual advances or requests for sexual favors, or is otherwise likely to cause annoyance or alarm is harassment.
- Disclosure (OOC)
Residents are entitled to a reasonable level of privacy with regard to their UFSGrid experience. Sharing personal information about a fellow Resident --including gender, religion, age, marital status, race, sexual preference, and real-world location beyond what is provided by the Resident is a violation of that Resident's privacy. Remotely monitoring conversations, posting conversation logs, or sharing conversation logs without consent are all prohibited in UFSGrid and via any other aspect within or outside of the Service.
- Indecency (OOC)
UFSGrid is a Sci-Fi and Star Trek community, what means that the whole Grid is under the same condition. Content, communication, or behavior which involves intense language or expletives, nudity or sexual content, the depiction of sex or violence, or anything else broadly offensive OOC or in Privates Messages (IM) without approval of the other user involved is not allowed and in consequence may end in the ban of the user account.
- Disturbing the Peace (OOC)
Every user has a right to live their fantasy life. Disrupting scheduled events, the use of repetitive sounds, following or self-spawning items, or other objects that intentionally slow server performance or inhibit another users ability to enjoy UFSGrid are examples of Disturbing the Peace.
- Personal Life Privacy (OOC)
Every Resident has the right to keep their personal life information confidential and separated. Claim rights (out of role play) about other users real life information is forbidden.
(a) Violations of the UFSGrid Websites/Networking: The customer must not attempt to circumvent the authentication procedures or security of any host, network, network component, or account to access data, accounts, or systems that a customer is not expressly permitted to access. Violations as stated in this agreement or otherwise will begin an investigation by law enforcement and any applicable law enforcement agencies with all suspicions.
(b) Abuse of Service: If customer bypasses or disables any portion of the UFSGrid Payment Service or other scripted informational/payment objects in-world via other virtual worlds or UFSGrid, the customer use of the Service will be subject to immediate termination without notice.
(c) Termination of customer service will not excuse customer from any criminal or other civil liabilities that may result from customer actions.
(d) UFSGrid reserves the right to suspend or terminate the customer account, without notice, for violating this agreement.
FEES AND CHARGES
- UFSGrid sim sales are charged a monthly tier for each sim and/or package, as is showed in the "buy land" Section of UFSGrid.com.
- We only accept payments through PayPal. In a future stage we will add more payment gateways.
RENEWALS & DELINQUINCY
The Monthly billing cycles shall correspond with the date on which you complete the payment of your order at the shopping area. The system will send reminders 7 days before and after the due date with a cancel and renew link.
IMPORTANT In the event that an order is not renewed or canceled on the due date, UFSGrid may contact the customer; plus the auto reminders, by email or in-world letter at least ONCE.
Customer acknowledges responsibility to contact the UFSGrid staff with alternate means of payment, immediately upon receipt of this notification, to keep account current and not have their land reclaimed (items returned).
Customer will be required to remit all past due delinquency fee prior to reinstatement on the Service. Note: We do not control when PayPal attempts to charge your account again. As long as subscription is active, PayPal will attempt to charge until your tier obligation has been paid (If applies). This time may vary if you have funding sources connected to your bank account or credit card.
Once your renew date has expired or auto bill payment has failed (if apply). Sim owners will have 7 (seven) days to bring their accounts up to date. Any account delinquent (not successfully billed after that time) will be terminated with no exceptions and all content on said region will be returned to its owner/s or deleted from in world. Furthermore, the account holders land will be reclaimed, deleted or auctioned to the highest bidder. UFSGrid Staff reserves the right to delete a sim/region that has been canceled by the account holder. At which time the account holder is due a pro-rated refund for time unused. The account holder is responsible for removing any objects prior to cancellation if the intention is not to occupy that space after cancellation. It is the account holder's responsibility to alert the UFSGrid staff that they plan to maintain occupancy if they cancel their sim account for the remaining time. All accounts associated with the avatar or account will be under review for any further purchases in the future. Note: Once a region is deleted it may become irretrievable.
Delinquent by definition is an account that has a failed or pending PAYPAL payment and/or has a not been renewed after 7 days of the billing date
- In the event that customer requests to terminate Service(s) or requests to change payment method, customer agrees to notify to UFSGrid Staff in writing, at least 24 hours in advance.
If at any time a dispute develops between the customer and the UFSGrid Staff, we will take all considerations to resolve issues as quickly as quickly as possible. If further issues arise from such disputes, you are in agreement to follow and be in accordance with one of the following options:
Governing Venue/Law - By accepting our terms of service you are in agreement that the relationship between you and UFSGrid shall be overseen and governed with respect to the laws the United Nations Convention on the International Sale of Goods.
You and the UFSGrid agree to submit to the exclusive jurisdiction and venue of the courts. Notwithstanding this, you further agree that UFSGrid shall still be allowed to apply for injunctive or other equitable relief in any court or competent jurisdiction.
As a condition of access to the Service, you release UFSGrid (and UFSGrid's 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) UFSGrid will have the right, but not the obligation, to resolve disputes between users relating to the Service. UFSGrid's resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent UFSGrid elects to resolve such disputes, it will be done 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) UFSGrid's 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 UFSGrid (and UFSGrid's 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 UFSGrid's resolution of disputes relating to the Service.
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 recommended by UFSGrid, and you may register for use of UFSGrid through websites that are not Websites owned and operated by UFSGrid Staff .UFSGrid is not responsible for any software used with or in connection with UFSGrid other than the recommended by UFSGrid in our websites. UFSGrid does not control and is not responsible for any information you provide to parties other than UFSGrid. UFSGrid is not a party to your agreement with any party that provides software, products or services to you in connection with UFSGrid.
When using the Service, you may accumulate Content, objects, items, scripts, equipment, or other value or status indicators that reside as data on UFSGrid servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON THE UFSGRID SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN UFSGRID 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, UFSGRID 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 UFSGRID SERVERS. YOU UNDERSTAND AND AGREE THAT UFSGRID 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.
You understand that the Open Simulator Software is in its infancy stage (alpha) and is somewhat unstable at times before, during and after updates. Although developers are consistently striving to improve the performance of this software, it is considered at the bleeding edge of development. With that, it is our sincere goal to not have your virtual experience encumbered by the vast differences between this grid and another but instead we want to impress on you the potential of this platform.
UFSGrid reserves the right to interrupt the Service with or without notice for any reason or no reason. You agree that you will not hold UFSGrid or its affiliates responsible for any interruption of the Service AND you understand due to these interruptions, you will not be provided any refunds of fees for time, interruption of service or failure to perform.
You agree that you are responsible for your own viewer settings, internet access and any/all fees associated with the use of your internet connection.