Terms of Service

Introduction

Most people visiting the world of Stichting Cultural Harbour (SCH) and the virtual world 3RD Rock Grid (3RG) only have good intentions. They come to enjoy themselves, meet people, and enhance their lives in some way or another. If you are such a person, you will rarely find yourself at odds with the Terms Of Service (TOS) that set the boundaries of what we offer, and how you are allowed to use what we offer. Nevertheless these Terms Of Service are part of any relationship you may have with the Stichting Cultural Harbour. The Terms Of Service apply equally to our website(s), our forums, to the virtual world itself, and to any other products or services we may offer. When you create a user account (and avatar), you will be asked to acknowledge that you have read, understand, and accept these Terms Of Service. If you have questions about the Terms Of Service, please open a support ticket, or contact the board of directors of the Stichting Cultural Harbour. If you cannot accept our Terms Of Service and associated policies, well, then we are afraid that our world is not for you.

Terms of Service

This agreement (the “Agreement” or the “Terms of Service”) describes the terms on which the Stichting Cultural Harbour will offer you access to its interactive entertainment products and services. The “Service” comprises all features, applications, content and downloads offered by SCH, including 3RD Rock Grid, its Website(s), Servers, Software, Content, Community Content, and User Content (as these terms are defined below). This offer is conditional on your agreement to all of the terms and conditions contained in the Terms of Service, including the policies and terms linked to or otherwise referenced in this Agreement, all of which are hereby incorporated into this Agreement. By using the Service, you acknowledge you understand, agree to, and accept these Terms of Service, including all policies and terms linked to or otherwise referenced herein. If you do not so agree, you should decline this Agreement, in which case you are prohibited from accessing or using the Service.

1. The Service

1.1. Defined Terms

“Account” means the entirety of your contractual rights and obligations under this Agreement associated with a particular Account Name (defined below) you have selected for accessing the Service.
“Account Name” or “Avatar Name” is the unique identifier, consisting of a first name and a last name, used to gain access to the Service. A secret password, known only to the user, is associated with each Account.
“HyperGrid User” or “HG-User” denotes a visitor without an account on 3RG. The “HG-Users” are subject, where applicable, to the same rights and obligations as registered users.
“User” is a generic description of an Account and covers Account, Account Name and HG-User.
“Content” means any works of authorship, creative works, graphics, images, textures, photos, logos, video, audio, text, and interactive features.
“Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights and other intellectual property rights or proprietary rights recognized by law.
“3RG Software” is the software provided to you by 3RG and/or its suppliers/partners under license in connection with the Service, including, but not limited to the software for accessing the Service and any other communication software, whether facilitating text-based, chat-based, voice, audio or other communication, within or outside of the Service, and any application program interfaces (the “APIs”) for use with the Service.
“Servers” are the on-line environments that support the Service, including without limitation: the server computation, electronic data storage, software access, messaging and protocols that simulate the Service.
“In-world” means within a three-dimensional virtual world environment (such as 3RD Rock Grid).
“3RG Content” is the Content provided to you in connection with the Service, including, but not limited to Content we created or licensed from third parties subject to the license set forth herein.
“Community Content” means any Content that a User of the Service, acting on behalf of, or relating to their membership of the 3RG Community of all citizens, has uploaded, published, or submitted to or through the Servers, Websites or other areas of the Service.
“User Content” means any Content, not being Community Content, that a User of the Service has uploaded, published, or submitted to or through the Servers, Websites or other areas of the Service.
“Websites” are the websites and services available from the domain and sub-domains of 3RG and any related entity or successor domains from which 3RG may offer the Service.
“General or PG” is used as rating for a region or parcel on which depictions and activities are considered appropriate for all sensibilities at all times. The General rating is often referred to wrongly as “PG”, which stands for Parental Guidance, due to decisions made by other grids. Areas rated General should have no overt depictions, activities, or advertisements for significant violence, nudity, sexual expression, or rough language. All Child Avatars and Humanoid Avatars, both female and male, should remain fully clothed, or otherwise covered, in all areas where the rating is General.
“Mature or Moderate” is used as rating for a region or parcel on which a moderate amount of violence, nudity, sexual expression, or rough language is acceptable. In areas rated Moderate, avatars of both sexes may be top-free unless the landowner specifies otherwise. Full nudity, graphic sexual activity, or graphic violence are not appropriate on land rated Mature or Moderate.
“Adult” is used as rating for a region or parcel on which violence, full nudity, and sexual expression are acceptable. Note that depictions and activities that are considered illegal by law are still strictly prohibited.
“Child Avatar” is an avatar that in size and general form represents a minor humanoid child.
“Humanoid avatar”, for the purpose of this Agreement, defines a humanoid avatar that is sufficiently humanlike, or any mammal that has genitalia and/or other parts that are sufficiently humanlike and could cause social outrage or embarrassment if exposed in a general public situation.
“Free-form Avatar” is any avatar that is not a Child Avatar or a Humanoid Avatar.
“Public Land” is any in-world region or parcel without access restrictions as such restrictions may be available through the Service.
“Private Land” is any in-world region or parcel with restricted access, including, but not limited to access governed by group membership, or access managed through an access list or ban list. Note that ownership does not define whether land is Private Land or Public land.
“HyperGrid Land” denotes a setting on the regions that allows HG-User to visit the region. The landowner may at any time decide to allow or block HG-Users.
“Community Land” is any region or parcel managed and controlled by the 3RG Community of all citizens. Community land is always rated General and designated a Public Area with further guidelines and restrictions applying to its use, in-line with the goals of the Stichting Cultural Harbour.
“Casual View or Casual Viewing” for the purpose of this Agreement shall mean that activities or displays are visible through the normal and standard use of the panning, zooming, and flying facilities offered by the Service, and the intended use of the land.
“Viewer” or “Viewer Application” for the purpose of this agreement shall mean any software application used to connect to the Service.
“Skill Game or Skill Gaming” for the purpose of the Agreement shall mean any game, implemented through an in-world object:
whose outcome is determined by intellectual or physical skill and is not contingent, in whole or material part, upon chance,
requires or permits the payment of in-world currency or real world money to play,
provides a pay-out in any currency or through items of value,
is legally authorised by applicable local and international law.

1.2. Service interruptions and data loss or corruption

The Service is subject to scheduled and unscheduled service interruptions, with or without prior notice. You agree that 3RG will not be liable for any interruption of the Service and that you will not be entitled to any refunds of donations or other compensation for interrupted service. Likewise, you agree that in the event of data loss, 3RG will not be liable for any purported damage or harm arising therefrom. Furthermore, 3RG does not guarantee the accuracy, integrity, or quality of the data stored on its Servers, and will have no obligation to reproduce, process, transfer, extract, or recreate any data from its Servers. Furthermore, you agree that 3RG will not be liable for any purported damage or harm arising from data corruption or data loss caused by the Viewer(s) used to connect to the Service. Viewer applications are 3rd-party tools and even though 3RG has a list of recommended Viewers, we accept no responsibility for their functioning
.

1.3. Service scope

3RG has the right to change, limit access to, and/or eliminate any aspect(s), feature(s) or functionality of the Service as it deems necessary at any time without notice, and 3RG makes no commitment, express or implied, to maintain or continue, or to permit open access to, any aspect of the Service. User Content and Community Content is treated by 3RG as content stored at the direction of users for which 3RG will not exercise control except to block or remove content that comes to 3RG’s attention and is offensive, obscene, abusive, illegal, or otherwise objectionable to 3RG
,or to enforce the rights of third parties, or the content restrictions set forth below, when notice of their violation comes to 3RG’s attention
.

1.4. Service operations

3RG reserves the right to sell or relaunch the Service, change its operational model, switch hosting provider(s), or service provider(s) at any time without prior notice. 3RG has the right to move, transfer, or copy any or all Content and Licenses to this new setup. You agree that you will not be entitled to any refunds or compensations related to these operational changes, nor will you hold 3RG liable for any purported damage or harm arising therefrom
.

1.5 Service Content

Please observe that the Service is a public forum where Content, including, but not limited to, objects, chat, IMs, voice, and poses/animations, will be accessible to and observable by other users. Except as may be required to register and/or maintain your Account, do not submit personally identifiable information (e.g. first and last name together, passwords, e-mail addresses, phone numbers, addresses, credit card or other financial information, medical information, or any other private information) on the Service. Each time you submit any Content, you represent and warrant that:

you are at least the age of majority in the country (state) in which you reside.
you are the sole author and owner of the intellectual property and other rights to the Content, or you have a lawful right to submit the Content without creating any obligation or liability of 3RG.
the Content is accurate.
the Content conforms to 3RG’s permitted uses and exploitation set forth in this Agreement
the Content will not violate this Agreement and any Additional Terms.
the Content will not cause injury, harm, or damage.

NB: If a User chooses to stream his/her video, music, audio or other content into 3RG directly or using a streaming relay host, the content and any copyright/royalty fees and any other possible issues are the User’s responsibility.

1.6 Interaction and communication

You understand and accept that 3RG is a service provider that enables its Users to interact online and display and communicate information and Content chosen by the Users. 3RG does not control or endorse the content of communications between the Users, or Users’ interactions with each other on the Service. 3RG does not control and is not responsible or liable for the quality, safety, legality, truthfulness or accuracy of any User conduct, information, User/Community Content, or User/Community services. This includes any connections to third-party websites, servers, or online services or environments. Please consult any applicable terms of use and policies provided by the third party of such information, services, content or environments.

2. Licenses and Intellectual Property Rights

2.1 Intellectual Property Rights

3RG owns Intellectual Property Rights in and to the Service, including but not limited to the 3RG Content, 3RG Software, the Servers, and the 3RG Website(s), and in and to our trademarks, service marks, trade names, logos, domain names, taglines and trade dress (collectively, the “3RG Marks”). You acknowledge and agree that 3RG and its licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, other than with respect to User Content. Except as expressly granted in this Agreement, all rights, title and interest in and to the Service, and in and to the 3RG Marks are reserved by 3RG. Copyright, trademark and other laws of the Netherlands and foreign countries protect the Service and the 3RG Marks.

2.2 User licences

3RG hereby grants you a non-exclusive, non-transferable, non-sublicenseable, limited, personal, revocable license to access and use the Service on a personal computer, mobile phone or other wireless or internet-enabled device (each an “Internet Device”) as set forth in these Terms of Service and expressly conditioned upon you and each of your Accounts remaining active, in good standing, and in compliance with these Terms of Service. 3RG provides access to 3RG In-world Content and hereby grants you a non-exclusive, non-transferable, non-sublicenseable, limited, revocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the 3RG In-world Content solely as permitted through the normal functionality of the Service and under these Terms of Service, except that photographs, images, films, and videos of 3RG In-world Content may be used in other areas of and outside the Service as provided in our Machinima & Snapshot policy. Use of the 3RG Software is subject to these Terms of Service and the terms of any applicable End User License Agreement (“EULA”) provided with such software. If no EULA is provided with certain 3RG Software, such software is subject to the license terms set forth in this Section. 3RG hereby grants you a nonexclusive, non-transferable, non-sublicenseable, limited, personal and revocable license to install and use the object code of the 3RG Software on any Internet Device that you own or control. You may not charge any third party for using the 3RG Software, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation), decompile or attempt to discover the source code of the 3RG Software, or create any derivative works of the 3RG Software, or otherwise use the 3RG Software except as expressly provided in this Agreement. With respect to 3RG software code that has been released under an open source license, such software code must be used in accordance with the applicable open source license terms and conditions.

2.3 User Content

You retain any and all Intellectual Property Rights you already hold under applicable law in User Content you upload, publish, and submit to or through the Servers, Websites, and other areas of the Service, subject to the rights, licenses, and other terms of this Agreement, including any underlying rights of other users or 3RG in Content that you may use or modify. You agree to grant, and grant to 3RG the unrestricted, unconditional, unlimited, and cost-free right and license to copy, analyse and use any of your Content as 3RG may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service (the “Service Content License”). Related to any User Content or Community Content you upload, publish, or submit to any part of the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents and permissions to use and authorize 3RG to use the Content in the manner contemplated by the Service and these Terms of Service. You agree that you will not publish, or submit to any part of the Service, any Content that is protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless you are the owner of such rights or have permission from the rightful owner to upload, publish, or submit the Content and to grant 3RG and users of the Service all of the license rights granted in these Terms of Service. You agree to transfer, and hereby transfer all Intellectual Property Rights of any Content you upload, publish or submit to any part of the Service as Community Content to the 3RG Community of all citizens. You acknowledge and agree that the 3RG Community of all citizens own all right, title, and interest in and to Community Content, including all Intellectual Property Rights therein. All content in the Community Core and other areas designated Community Land is to be considered Community Content. 3RG has no obligation to monitor or enforce any Intellectual Property Rights to any User Content or Community Content.

2.4 User Content License

You agree that by uploading, publishing, or submitting any Content to any accessible areas of the Service, you hereby grant other users of that aspect of the Service a non-exclusive license to access the User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform the Content In-world or otherwise on the Service solely as permitted by you through your interactions with the Service under these Terms of Service (the “User Content License”). Your interactions with the Service include, but are not limited to, the use of the 3RG permissions system and the copy, modify, transfer, and export settings for indicating how other users may use, reproduce, distribute, prepare derivative works of, display, or perform your Content In-world subject to these Terms of Service. Any agreement you make with other users relating to use or access to your Content must be consistent with these Terms of Service, and no such agreement can abrogate, nullify, void or modify these Terms of Service. You acknowledge that when you receive a User Content License you receive only licensing and use rights: You therefore do not acquire ownership of any copies of the Content, or transfer of any copyright or other Intellectual Property Rights in the Content. You copy and use Content at your own risk. You are solely responsible and liable for your use, reproduction, distribution, modification, display, or performance of any Content in violation of any Intellectual Property Rights. You agree that 3RG will have no liability for, and you agree to defend, indemnify, and hold 3RG harmless for, any claims, losses or damages arising out of or in connection with your use, reproduction, distribution, modification, display, or performance of any Content.

2.5 Machinima and Snapshot License

You agree that by uploading, publishing, or submitting any Content to or through the Servers for display In-world in any publicly accessible area (Public Land) of the Service, you hereby grant other users a non-exclusive, worldwide, royalty-free, sublicenseable and transferable license to photograph, capture an image of, film, and record a video of the Content, and to use, reproduce, distribute, prepare derivative works of, display, and perform the resulting photograph, image, film, or video in any current or future media as provided in and subject to the restrictions and requirements of our Machinima & Snapshot policy (the “Machinima and Snapshot License”).

2.6 Deleting Content

Where permitted, you may delete copies or instances of your User Content that you have displayed In-world or that are in your Account inventory through the normal functionality of the Service, including by emptying the trash folder in your Account inventory. In such event, the licenses granted by you in this Section 2 shall terminate in the manner provided below, but only for those particular copies or instances of Content that you have deleted from the Service. You acknowledge that this termination will not apply to any other copies or instances of the same Content that you have not specifically deleted from the Service, including without limitation those that may be displayed elsewhere In-world and those that may be in the Account inventories of other users to whom you transferred copies. You acknowledge that the Machinima and Snapshot License granted to 3RG and other users with respect to your Content will survive any such termination. You also acknowledge that the Service Content License granted to 3RG with respect to your Content will survive any such termination solely as follows to permit 3RG: (i) to retain server copies of particular instances of your Content, including copies stored in connection with back-up, debugging, and testing procedures; and (ii) to enable the exercise of the licenses granted in this Section 2 for any other copies or instances of the same Content that you have not specifically deleted from the Service, including those that may be displayed elsewhere In-world or exist in other users’ Account inventories.

3. Eligibility to use the Service

3.1 Age Requirement for the Service

By accepting this Agreement, you represent that you are at least eighteen (18) years of age and you have the legal authority to enter into this Agreement. No person younger than eighteen (18) years of age is allowed to access or use the Service.

3.2 Using the Service for Gaming

As host or organiser of a Skill Game, or participant in Skill Gaming, you represent that:

you are at least eighteen (18) years of age, or of the age of majority in your jurisdiction if greater
the Skill Game is legally authorised in your jurisdiction
you are not connecting to the Service from a location where the Skill Game is prohibited

Wagering, betting, and gambling, including, but not limited to any game of chance, betting on sports or other events, which provide a pay-out in real or virtual money or through items of value, is strictly prohibited in 3RG, even if such activity is legally allowed in your jurisdiction or the jurisdiction from which you connect to the Service. It is, and always has been, a basic tenet of 3RG that all citizens (Users) are responsible for their own activities and for complying with any applicable laws. 3RG reserves the right to ask you to produce written evidence that a Skill Game you wish to host, organise or participate in, is legally authorised in your jurisdiction. Moreover, 3RG reserves the right to ban any Skill Game, at any time, we deem unsuitable for 3RG and the goals of the Stichting Cultural Harbour. When in doubt, please get in touch with us through a support ticket.

3.3 Using virtual land

3.3.1 Land ratings

Because 3RG is restricted to residents 18 years old and above, there are no age specific restrictions on land ratings; selection of land rating is informational and preferential. Nevertheless all activities and depictions on an area of land have to be in-line, without misrepresentation through additional land owner imposed restrictions/guidelines or otherwise, with the selected rating for that area and these Terms of Service. Depictions and activities that are otherwise acceptable in 3RG, but that are considered illegal under applicable law or in the jurisdiction the User resides, are strictly forbidden. Compliance to land rating, owner guidelines/restrictions, these Term of Service, and applicable law, applies, without exception, to both Public Land and to Private Land; land designated Private Land does therefore not mean the land can be used any way the User wants. When displays or activities on any land area are visible by Casual View from adjacent Public or Private land, the lower rating of the adjacent land areas applies to all involved adjacent land areas, with Public Land taking precedence. Land areas can therefore only have differing ratings when their displays and activities are not visible, i.e. are properly shielded from Casual Viewing from adjacent land areas. General is considered the lowest rating, Adult the highest, with Moderate in-between.

3.3.2 Land ownership

The Service includes a component of In-world Virtual Space that is stored on our Servers and made available in the form of Regions (“Virtual Land”). Virtual Land is the graphical representation of three-dimensional virtual world space. 3RG allows you to acquire Virtual Land in exchange for a regular donation of an agreed amount to the Stichting Cultural Harbour. When you acquire Virtual Land, 3RG hereby grants you a limited license (“Virtual Land License”) to access and use features of the Service associated with the virtual unit(s) of space corresponding to the identifiers of the Virtual Land within the Service as designated by 3RG, in accordance with these Terms of Service and any other applicable policies. The Virtual Land License is transferable by the holder to any other user provided that both users and the proposed transfer comply with these Terms of Service, maintain their accounts in good standing, and are not delinquent on any Account payment requirements. Except as expressly permitted by this Agreement, this Virtual Land License may not otherwise be encumbered, conveyed or made subject to any right of survivorship or other disposition and any attempted disposition in violation of these Terms of Service is null and void. 3RG may revoke the Virtual Land License at any time without notice, refund or compensation in the event that: (i) 3RG determines that fraud, illegal conduct or any other violations of these Terms of Service or other 3RG policies is associated with the holder’s Account or Virtual Land; or (ii) the holder becomes delinquent on any of that user’s Account’s payment requirements, ceases to maintain an active Account or terminates this Agreement. You may permit or deny other users to access your Virtual Land on terms determined by you. Any agreement you make with other users relating to use or access to your Virtual Land must be consistent with these Terms of Service, and no such agreement can abrogate, nullify, void or modify these Terms of Service. You acknowledge that Virtual Land is a limited license right and is not a real property right or actual real estate, and it is not redeemable for any sum of money from 3RG. 3RG makes no guarantee as to the nature of the features of the Service that will be accessible through the use of Virtual Land, or the availability or supply of Virtual Land.

3.3.3 Land owner guidelines

Land owners may provide and publish additional guidelines or restrictions for the use of their land as appropriate. These additional guidelines or restrictions may not be in conflict with the rating for the area, these Terms of Service or applicable law. Public Land with additional guidelines/restrictions set on its use by the land owner is still Public Land when no access restrictions apply, with the exception of a ban list, i.e. a list of avatars (Users) banned from access to the area, when such a ban list solely contains names of avatars that have violated the land rating, the land use restrictions or these Terms of Service. We strongly recommend that land owners adopt a ‘yellow card’, ‘red card’ system before they place a User on their ban list, and limit the time of the ban if appropriate, dependant on the severity of the violation.

3.3.4 Use of Child Avatars

The use of Child Avatars in the Service is permitted but with restrictions: Child Avatars may only be used in-world on land rated General and should remain appropriately clothed at all times. All aspects of Child Avatar behaviour, including, but not limited to, their demeanour and interactions with other Users of the Service, should at all times conform to generally accepted norms and standards of child behaviour. Depiction of child pornography, or sexual or violent activities with Child Avatars, whether between Child Avatars or between Child Avatars and Humanoid Avatars, is strictly prohibited anywhere in 3RG, including on Private Land, and will be reported to the appropriate authorities when detected. A User violating this rule is immediately and permanently barred from the Service. Any User of the Service detecting child pornography, or sexual or violent activities with Child Avatars, is required to report these displays or activities to the board of directors of the Stichting Cultural Harbour, either through a support ticket or to the board directly.

3.3.5 Community Land

Community Land, managed and controlled by the 3RG Community of all citizens, may only be used in compliance with the goals of the Stichting Cultural Harbour, as recorded in the statutes, i.e.: Community Land must be used as an international cultural, educational, and social exchange. An exchange based on equality, empathy, respect, and compassion, and through a process of sharing, participation, and cooperation. By implication this means that Community Land cannot be used for commercial activities, and that the Community Chat group may not be used for advertising, soliciting, or any communications or activities that are in conflict with the goals of the Stichting Cultural Harbour. Any User visiting Community Land is expected to show behaviour and a demeanour in-line with these goals at all times. All items or objects displayed on Community Land are owned and managed by the Community, recognising the original creator (see also 2.3).

3.3.6 Free land

3RG reserves the right to reclaim any land which was previously provided to any user free of charge for any reason. If said land is reclaimed, all objects on the land will be returned to the owner.

4 User Conduct and Privacy

4.1 Usage Limitations

You agree to NOT use the Service to:

Upload, post, email, instant message or otherwise transmit any Content that is unlawful, harmful, harassing, defamatory, obscene, libellous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
Engage in malicious or disruptive conduct that impedes or interferes with other Users’ normal use of or enjoyment of the Service;
Impersonate any person or entity, including, but not limited to, a 3RG employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge meta-data or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
Upload, post, email, instant message or otherwise transmit any Content that the Customer does not have a right to transmit under any law or under contractual or fiduciary relationships, including without limitation, proprietary and confidential information or information protected under nondisclosure agreements;
Upload, post, email, instant message or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Intellectual Property Rights”) of any party.
Upload, post, email, instant message or otherwise transmit any unauthorized advertising, promotional materials, “junk mail”, “spam”, or “pyramid schemes”;
Upload, post, email or otherwise transmit messages of any type to any other recipient list obtained from a third party or where permission was not granted directly by the recipient to the sender in a clear and concise manor;
Use the Service to collect replies or responses from any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “pyramid schemes,” or anything which violates this Agreement, even if the message did not originate from this Service;
Upload, post, email or otherwise transmit any material that contains malicious scripts and/or programs such as, without limitation, computer viruses, worms, Trojan horses, key-loggers, password or personal information collectors, analysis tools, network probing or scanning tools or similar computer code or materials designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment either owned by or leased by 3RG or the Services affiliates (other account holders);
Engage in hacking, port scanning or any attempt to access any information, computer or network without proper authorization, including but not limited to accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other entities not limited to hosts, networks or accounts;
Interfere with, disrupt, degrade, harm, or attempt to harm the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, federal, national, or international law;
“Stalk” or otherwise harass another User or Account holder.
Unlawfully collect, store, or use personal data about other Users.
Operate or profit from a ‘game of chance”;
Operate or profit from a virtual “bank”;
Solicit, request, facilitate, or perform child sexual activity, child pornography or depiction of child sexual activity in any form, including without limitation sexual activities by or with Child Avatars, or use the Service to contact or attempt to contact a minor outside the Service, is not allowed anywhere in the Service (even if not banned by law in any jurisdiction) and will result in immediate termination of the Accounts involved without any refund or other compensation.

4.2 Personal data and user privacy

3RG will only collect and process personal data of its Users where necessary for maintaining and developing the Service or where legally obliged to do so. The way 3RG handles personal data is defined in full in our Privacy Notice and part of this agreement.

5 Geode Currency Use License

3RG allows for the purchase, trade, exchange of electronic money (e-money) known as “Geodes”. This e-money can be purchased from 3RG, and can be exchanged, bartered, traded or transferred between 3RG account holders in exchange for permission to access and use Content, applications, services and various user-created features while respecting license terms of said content, application, service or feature. At the request of an e-money holder, 3RG will exchange the e-money by returning the nominal value to the account holder by money transfer to the account holder’s PayPal account. A small service fee is charged to each transaction. The maximum amount of e-money held by each individual User is the equivalent of €150, or less if the grand total of all e-money held caps at 5 million Euro 3RG maintains the right to manage, regulate, control and/or modify the use of its Geodes as it sees fit, within the framework of the Dutch business conduct legislation, without prior notice and liability. All Geodes held by any Account which has not logged into our system in the past 18 months will be forfeited and reclaimed by 3rd Rock Grid.

6. Account Termination

6.1 Termination by the User

You may terminate this Agreement by closing your Account(s) at any time for any reason. In such event, 3RG shall have no further obligation or liability to you under this Agreement or otherwise, and you shall not be entitled to any compensation or other payment, remedy, recourse or refund.

6.2 Termination to protect the Service or Community

3RG may terminate your Account if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of 3RG, the Service, the 3RG Community, or any third party. We may terminate your Account(s) if we learn, or in good faith believe, that you are a registered sex offender, that accessing the Service may violate a condition of parole or probation, that you have engaged in or attempted to engage in conduct with minors on the Service that violates this Agreement, or that you for any other reason may pose what we deem to be an unacceptable risk to the Service or 3RG Community.

6.3 Termination upon a general suspension or discontinuation of the Service

If 3RG elects to generally suspend or discontinue the Service, in whole or in part, for any reason, 3RG may terminate your Accounts. In such event, you will not be entitled to compensation for such suspension or termination, and you acknowledge that 3RG will have no liability to you in connection with such suspension or termination.

6.4 Termination: Access, Licenses, Content, Geodes, and Data

Upon termination of your Account, you will no longer be able to access your Account or access (or transfer or direct the transfer to any other Account) any Content or Data you have stored on the Servers. All licenses granted by 3RG to use the Service, including without limitation any Geode Currency Use Licenses will automatically terminate. You acknowledge that upon Termination of your Account, all Geodes held in the Account are forfeited and will be reclaimed by 3RG. You acknowledge and accept the risk of the possibility of termination of your Account as provided in this agreement, and you represent that you will make your decisions to participate in the Service, contribute Content, spend your money and dispose of transferable licenses at all times knowingly based upon this risk.

7. Releases, Disclaimers, Liability limit, and Indemnification

7.1 User actions

You agree not to hold 3RG liable for the Content, actions, or interactions of other users. As a condition of access to the Service, you release 3RG (and its officers, directors, agents and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not 3RG becomes involved in any resolution or attempted resolution of the dispute. You agree and understand that 3RG does not control and is not responsible for information you provide to parties other than 3RG.

7.2 Service provided AS-IS

3RG provides the Service, including without limitation the 3RG Software, the Website(s), the Servers, the Content, the virtual goods and services, and your Account, strictly on an AS-IS basis, and hereby expressly disclaims all warranties or conditions of any kind, written or oral, express, implied, or statutory, including without limitation any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose. No value, either express or implied, is guaranteed or warranted with respect to any content, Geodes, virtual tender or virtual goods and services notwithstanding any intellectual property rights you may have in content or any expenditure on your part, 3RG and you expressly disclaim any compensable value relating to or attributable to any data relating to your Account residing on 3RG’s Servers. You assume all risk of loss from using the Service on this basis. 3RG does not ensure continuous, error-free, secure, or virus-free operation of the Service, the 3RG Software, the Website(s), the Servers, or your Account, and you understand that you shall not be entitled to refunds or other compensations based on 3RG’s failure to provide any of the foregoing other than as explicitly in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties and, to that extent, the foregoing disclaimers may not apply to you.

7.3 Limited Liability

In no event shall 3RG or any of its directors, officers, employees, agents, or licensors be responsible or liable to you or to any third party for any loss or damages of any kind, including for any direct, indirect, economic, exemplary, incidental, consequential, reliance, special, or punitive losses or damages or disgorgement or comparable equitable remedy, for lost data or lost profits, arising (whether in contract, tort, strict liability or otherwise) out of or in connection with the Service (including its modification or termination), the 3RG Software, the Website(s), the Servers, your Account (including termination or suspension) or this Agreement, whether or not 3RG may have been advised that any such damages might or could occur and notwithstanding the failure of essential purpose of any remedy. Except as may be provided in additional terms, to the fullest extent permitted by applicable law, in no event will 3RG’s cumulative liability to you exceed the greater of (i) one hundred Euros (€100); or (ii) the fees, if any, paid by you for the use of the Service; provided, however, this provision will not apply if a tribunal with applicable jurisdiction finds such to be unconscionable. Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you. In such jurisdictions, the liability of the 3RG parties to you is limited to the lowest amount permitted by applicable law.

7.4 Indemnification

At 3RG’s request, you agree to defend, indemnify and hold harmless 3RG, its officers, directors, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (i) your User Content; (ii) your acts, omissions, or use of the Service, including without limitation your negligent, wilful or illegal conduct; (iii) your breach or alleged breach by you of this Agreement, including without limitation your representations and warranties relating to your Content; (iv) your violation or anticipatory violation of any applicable law, rule or order in connection with your use of or activities in the Service; (v) information or material transmitted through your Internet Device that infringes or misappropriates any Intellectual Property Right; (vi) any misrepresentation made by you; (vii) 3RG’s use of the information that you submit to us; (viii) your purported “ownership” of any Usage Subscriptions or virtual items; or (ix) the increase or decrease in “value” or loss of Usage Subscriptions or virtual items if 3RG deletes, terminates, or modifies them (all of the foregoing, “Claims and Losses”) . We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim. You will not settle any Claims and Losses without, in each instance, the prior, written consent of the board of directors of 3RG.

7.5 Users are not employees

You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, membership of the 3RG Community of all citizens or any other community, does not make you a 3RG employee and that you do not expect to be, and will not be, compensated by 3RG for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture or franchise relationship is intended or created by this Agreement.

8. Miscellaneous

8.1 Policies

This Agreement, including the Additional Terms and policies referenced in this Agreement, sets forth the entire understanding and agreement between you and 3RG with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. Policies that are part of this TOS: – Machinima & Snapshot policy – Privacy notice (GDPR)

8.2 Applicability

If any provision of this Agreement (including associated policies) is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement and policies shall remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. 3RG reserves the right in its sole discretion to amend, supplement or revise this Agreement from time-to-time.

Date last revised: 2022-Jan-21