Terms and Conditions of Use – Shangri La Dream

Terms of Service (TOS)

Here is an overview for the TOS. You can check this first, if you like. However, what is on this page is the document that applies.

SHANGRI-LA-DREAM

1. ATTENTION! THE FOLLOWING TERMS AND CONDITIONS ARE LEGALLY BINDING FOR THE USER UPON SUBSCRIPTION TO SHANGRI-LA-DREAM (HEREAFTER, SLD) SERVICES. SITE USERS SHOULD CAREFULLY READ AND AGREE TO ABIDE BY THE FOLLOWING TERMS OF SERVICE BEFORE CREATING AN ACCOUNT.

2. Terms of Service. Any person creating an account to access the web page and to access the grid shall be know as a User. User acknowledges and agrees to the following terms of service, which governs User’s access and use of the Services (the ‘Agreement’). Capitalized terms not otherwise defined herein shall have the meaning given to them in Section 9 (Definitions) below. In addition, User agrees that unless explicitly stated otherwise, any new features that augment or enhance the Service, and/or any new service(s) subsequently accessed or purchased by the User will be subject to this Agreement. Terms of Service (TOS) are subject to change.

2.1. User Must Have Internet Access. DSL, cable or another high speed Internet connection is required for proper use of SLD. User is responsible for procuring and maintaining computer and connections that connect the User to the Service, including, but not limited to, “browser” and „viewer“ software that support Second Life Client protocols. SLD assumes no responsibility for the reliability or performance of any connections, hardware or software as described in this Section. SLD assumes no responsibility to notify users of any changes in requirements for connections, hardware or software as described in this Section.

2.2 Only adults are eligible to join Shangra-La-Dream, (SLD). In law, a minor is a person under a certain age—usually the age of majority. The age of majority legally demarcates childhood from adulthood. The age of majority depends upon jurisdiction and application. This site is based in California – SLD defines the age of consent and the age of majority to be as in California, and that is 18.

People younger than 18 are NOT permitted to join. If you have any other questions about age and eligibility to join, please see the section on Community Standards

By joining this site you affirm that you are, as of the time of joining the site and creating an account here 18 years of age or older.

All those meeting the age standard are eligible to join without regard to race, color, religion, sex, sexual orientation, gender identity, gender expression, national origin, age (18 or greater). These standards apply to you in your first life, and to your avatar here in second life.

As with other web sites and virtual worlds, the ability to join does not guarantee your right of continued access. Continuing use and access is subject to members observing the stated Terms and Conditions of Use, and the Community Standards. The Terms and Conditions of Use and Community Standards are subject to change without notice. The site owners reserve the right to terminate any account or accounts, and operation of the web site and the virtual world without notice.

By joining Shangra-La-Dream (SLD), You, the User, affirm that, you are now 18 years of age or older

SLD cannot guarantee and makes no warrenty that minors will not access the site and be present here. Users are responsible to excersise caution in interaction with other site members and guests, and to follow appropriate conduct if you encounter, or expect you encounter under age site users.

2.3. Accuracy of User Contact Information. User shall provide accurate, current and complete information on Customer’s legal name, address, email address, and phone number, and maintain and promptly update this information if it should change.

2.4. User Passwords, Access, And Notification. SLD website and grid member users must create unique avatar names and are responsible for creating strong passwords. Users may create mulitple accounts provied that alternate accounts are used per all condidions of the TOS, and are not used as a cover for abusive, illegal, or any other activity not permitted on the site.

Creating an account constitutes a specific agreement between SLD and the one individual who creates the account. Your SLD account may not be sold or transfered. User logins are for designated Users and cannot be shared or used by more than one User.

SLD site and grid users will be responsible for the confidentiality and use of user’s passwords and user names. SLD reseves the right to review and approve user names. Accounts names (Avatar names) should be a first name and a last name or sir name. The name “Argyros” is reserved for the site owners. SLD will act as though any Electronic Communications it receives under users passwords, user name, and/or account number will have been sent by user.

2.5. Customer’s Lawful Conduct. The SLD service allows Users to send Electronic Communications directly to SLD and to third parties. Customer shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Service, including without limitation those related to privacy, electronic communications and anti-spam legislation. SLD User shall comply with the export laws and regulations of the United States and other applicable jurisdictions in using the Service and obtain any permits, licenses and authorizations required for such compliance. Without limiting the foregoing, (i) SLD User represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports, (ii) Users shall not access or use the Service in violation of any U.S. export embargo, prohibition or restriction, and (iii) SLD User shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which its Users are located. SLD User will not send any Electronic Communication from the Service that is unlawful, harassing, libelous, defamatory or threatening. Except as permitted by this Agreement, no part of the Service may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. SLD User agrees not to access the Service by any means other than through the interfaces that are provided by SLD. SLD User shall not do any “mirroring” or “framing” of any part of the Service, or create Internet links to the Service which include log-in information, user names, passwords, and/or secure cookies. SLD User will not in any way express or imply that any opinions contained in SLD User Electronic Communications are endorsed by Dreamland Metaverse. This Agreement extends to all that are SLD User agents, and Affiliates. Any action or breach by any of such contractors, agents or Affiliates shall be deemed an action or breach by the SLD User.

SLD is not responsible for the availability or the quality, accuracy, integrity, fitness, safety, reliability, legality, or any other aspect of such Third Party Applications or services that Customer may purchase or connect to through SLD, or any descriptions, promises or other information related to the foregoing. If Customer installs or enables Third Party Applications or services for use with the SLD, Customer agrees that Dreamland Metaverse may allow such third party providers to access Customer Data as required for the interoperation of such Third Party Applications with SLD, and any exchange of data or other interaction between Customer and a third party provider is solely between Customer and such third party provider. Dreamland Metaverse shall not be responsible for any disclosure, modification or deletion of Customer Data resulting from any such access by Third Party Applications or third party providers. No purchase of such Third Party Applications or services is required to use SLD.

2.5 Harassment or Discrimination

Simply stated, the site policy is an Anti-Harassment policy. This includes harassment of site users or by site users. General harassment, Sexual Harassment, or Racial Harassment is not permitted.

Scope

This SLD harassment policy applies to all persons who visit the site. This includes public visitors, site members, and grid users, and anyone else whom people come into contact with during the discharge of their activities on Shangri-La-Dream. Hereafter any people described here are refered to as site users.

Policy brief & purpose

Shan gri -La-Dream strives to maintain an environment of mutual respect, free of all forms of harassment or discrimination. Inappropriate behavior, such that gives offense; makes guests or residents or site users feel intimidated or humiliated here; negatively impacts on site user morale or interferes with creation performance or site enjoyment, will be considered and treated as harassment. Furthermore any or all discrimination based on sexual orientation, ethnicity, racial, religion, disability or age will be considered harassment.

Policy elements

Harassment may include but is not limited to bullying, intimidation, insults, malicious gossip, victimization etc. Site users should not be obliged to tolerate any form of misconduct that undermines the integrity of their relationship to Shangri-La-Dream or creates a hostile site environment.

The definition of harassment in SLD

While it is impractical list all occasions which would constitute harassment, we nonetheless provide some indicative examples:

Sexual harassment Discriminatory harassment Unwelcome sexual advances, Requests for sexual favors or coerced sexual acts Derogatory comments on a person’s ethnic heritage/religious beliefs The display of objects which are degrading to members of a particular group

If a site user experiences or witnesses harassment by any other site user, they are obliged to report the incident as soon as possible to SLD. All reports will be discreetly and confidentially investigate to determine whether harassment has occurred.

Disclaimer: This Harassment Policy provides general guidelines. It may not take into account all relevant local, state or federal laws and is not a legal document. SLD will assume no legal liability that may arise from the use of this policy or the use of the site.

2.6. Transmission of Data. Customer understands that the technical processing and transmission of User Electronic Communications is fundamentally necessary to use of SLD. Customer expressly consents to SLD interception and storage of Electronic Communications and/or Customer Data, and Customer acknowledges and understands that User’s Electronic Communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by SLD. Customer further acknowledges and understands that Electronic Communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone or other electronic means. SLD is not responsible for any Electronic Communications and/or Customer Data which are delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across networks not owned and/or operated by SLD, including, but not limited to, the Internet and User’s local network.

2.7. Service Level. During the Term, the SLD Service will meet the service level specified in the ‘Service Level Commitment’ listed on Schedule I hereto. In the event that SLD fails to achieve the applicable service level, Customer will be entitled, as its sole and exclusive remedy, to a credit in accordance with the terms set forth in the applicable Service Level Commitment. Dreamland Metaverse’s respective system logs and other records shall be used for calculating any service level events.

2.8. SLD Support. SLD is a hobby site run by and for use of Users who visit a virtual world for fun. In the event of technical difficulties, SLD will assist on a best effort bases. Users are encouraged to both offer help to, and seak help from other users.

2.9. Security. SLD provides the service by use of reputable third parties who maintain reasonable administrative, physical and technical safeguards for the protection, confidentiality and integrity of User Data. SLD provides no warrenty that User’s data will not be lost, stolen or revealed. (See 4.0)

2.10. Confidentiality. For purposes of this Agreement, ‘Confidential Information’ shall include the terms of this Agreement, User Data, each party’s proprietary technology, business processes and technical product information, designs, issues, all communication between the Parties regarding the Service and any information that is clearly identified in writing at the time of disclosure as confidential. Confidential Information shall not include information which: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the Receiving Party, subsequent to disclosure by the Disclosing Party; (4) the Receiving Party becomes aware of from a third party not bound by non-disclosure obligations to the Disclosing Party and with the lawful right to disclose such information to the Receiving Party; or (5) aggregate statistical data regarding SLD’s products and services that does not contain any personally identifiable or Customer-specific information.

Each party agrees: (a) to keep confidential all Confidential Information; (b) not to use or disclose Confidential Information except to the extent necessary to perform its obligations or exercise rights under this Agreement or as directed by User; (c) to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information) and to make Confidential Information available to authorized persons only on a ‘need to know’ basis. Either party may disclose Confidential Information on a need to know basis to its contractors and service providers who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services in connection with the performance of this Agreement. Notwithstanding the foregoing, this Section will not prohibit the disclosure of Confidential Information to the extent that such disclosure is permitted by law or order of a court or other governmental authority or regulation.

2.11. Ownership of User’s Data and SLD Data. As between SLD and User, all title and intellectual property rights in and to the User’s Data is owned exclusively by the User. User acknowledges and agrees that in connection with Service, Sld as part of its standard Service offering makes backup copies of the Customer Data in Customer’s account and stores and maintains such data for a period of time consistent with SLD’s standard processes, which period shall not be less than 3 months.

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2.13. SLD’s Intellectual Property Rights. User agrees that all rights, title and interest in and to all intellectual property rights in the Service are owned exclusively by SLD or its licensors. Except as provided in this Agreement, the license granted to User does not convey any rights in the Service, express or implied, or ownership in the Service or any intellectual property rights thereto. Any rights not expressly granted herein are reserved by SLD. SLD service marks, logos and product and service names are marks, and copywrighted of and by SLD. USER agrees not to display or use the SLD Marks in any manner without SLD express prior written permission. The trademarks, logos and service marks of Third Party Application providers (“Marks”) are the property of such third parties. Customer is not permitted to use these Marks without the prior written consent of such third party which may own the Mark.

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2.15. Dispute Resolution. Each party agrees that before it or any employee, agent or representative of the party files a claim or suit with a federal or state agency or court or other public forum, it shall provide thirty (30) days prior written notice to the other and that, within such thirty (30) day period (or longer, if extended by mutual desire of the parties), authorized representatives of the parties shall meet (or confer by telephone) at least once in a good faith attempt to resolve the perceived dispute.

3. Warranties

3.1. Warranty of Functionality. SLD warrants that the Service (i) will achieve in all material respects the functionality of the software release used, and (ii) such functionality will not be materially decreased during the Term. User’s sole and exclusive remedy for SLD’s breach of this warranty shall be that SLD shall be required to use commercially reasonable efforts to modify the Service to achieve in all material respects the functionality of the software release used and if SLD is unable to restore such functionality, Users shall be entitled to terminate accounts, however terminated accounts are not guaranteed a refund on any un-used tiers or rents already paid to SLD.

Users may rent land in SLD and sublet this land to other users. Users and Renters are under full oblegation to abide by these Terms and Conditions. SLD is not liable for any disputes over tiers, rents or other transactions by exchange of value or as a gift between SLD Users.

SLD shall have no obligation with respect to a warranty claim. The SLD grid is offered “as is”. The warranties set forth in this Section 3.1 are made to and for the benefit of User only. Such warranties shall only apply if the applicable Remedies, if any are available strictly at the descression of SLD.

3.2. SLD purchases services from established providers who offer a “No Virus Warranty”. SLD, therefore expects this to be true, but SLD maks no warrants that the Service will be free of viruses, Trojan horses, worms, spyware, or other such malicious code (‘Malicious Code’), SLD can not guarantee that other users will not upload any Malicious Code contained in User-uploaded data or otherwise originating from Users.

4. Disclaimer of Warranties. EXCEPT AS STATED IN SECTION 3 ABOVE, SHANGRI-LA-DREAM DOES NOT REPRESENT THAT USER’S USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICE AND/OR DOCUMENTATION WILL BE CORRECTED OR THAT THE OVERALL SYSTEM THAT MAKES THE SERVICE AVAILABLE (INCLUDING BUT NOT LIMITED TO THE INTERNET, OTHER TRANSMISSION NETWORKS, AND CUSTOMER’S LOCAL NETWORK AND EQUIPMENT) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WARRANTIES STATED IN SECTION 3 ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY DREAMLAND METAVERSE. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT OF THIRD PARTY RIGHTS. EXCEPT AS STATED IN SECTIONS 2.7, 3.1, and 3.2 ABOVE, THE SERVICE IS PROVIDED TO CUSTOMER ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, AND IS FOR COMMERCIAL USE ONLY. USER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR CUSTOMER’S PURPOSES.

5. Limitations of Liability. USER AGREES THAT THE CONSIDERATION WHICH SHANGRI-LA-DREAM IS CHARGING OR OFFERING FREE OF CHARGE HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY DREAMLAND METAVERSE OF THE RISK OF CUSTOMER’S INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR LOST PROFITS OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COVER, SPECIAL, RELIANCE OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND HOWEVER CAUSED, WHETHER FROM BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL CAUSE OF ACTION FROM OR IN CONNECTION WITH THIS AGREEMENT (AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW) OR OTHERWISE SHALL IN NO EVENT EXCEED THE DIRECT DAMAGE LIMITATIONS AS SET FORTH IN SECTION 5.

Except with regard to amounts due under this Agreement, and a party’s breach of Section 2.10 (Confidential Information), the maximum liability of either party to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of the Service, whether such liability arises from any claim based on breach or repudiation of contract, breach of warranty, negligence, tort, or otherwise, shall in no case exceed the equivalent of 12 months in subscription fees applicable at the time of the event, and in the event of a breach of Section 2.10 (Confidential Information) of this Terms of Service, such maximum liability of either party shall be an amount equal to three (3) times the equivalent of 12 months of subscription fees applicable at the time of the event. The essential purpose of this provision is to limit the potential liability of the parties arising from this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of fees charged in connection with making the Service available to Customer and that, were Dreamland Metaverse to assume any further liability other than as set forth herein, such fees would of necessity be set substantially higher.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO EITHER PARTY’S INDEMNITY OBLIGATIONS EXCEPT AS SET FORTH IN SECTION 6 BELOW. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitations of liability for incidental or consequential damages, so the exclusions set forth above may not apply to Customer.

6. Indemnification.

6.1. Infringement. SLD shall, at its own expense and subject to the limitations set forth in this Section 6, defend Customer from and against any and all allegations, threats, claims, suits, and proceedings brought by third parties (collectively ‘Claims’) alleging that the Service, as used in accordance with this Agreement, infringes third party copyrights, trade secrets or trademarks and shall hold Customer harmless from and against liability, damages, and costs finally awarded or entered into in settlement (including, without limitation, reasonable attorneys’fees) (collectively, ‘Losses’) to the extent based upon such a Claim.

Excluded from the above indemnification obligations are Claims to the extent arising from (a) use of the Service in violation of this Agreement or applicable law, (b) use of the Service after SLD

notifies Customer to discontinue use because of an infringement claim, or (c) modifications to the Service or use of the Service in combination with any software, application or service made or provided other than by SLD.

If a Claim of infringement is brought or threatened, SlD shall, at its sole option and expense, use commercially reasonable efforts either (a) to procure a license that will protect User against such Claim without cost to User; (b) to modify or replace all or portions of the Service as needed to avoid infringement, such update or replacement having substantially similar or better capabilities; or (c) if (a) and (b) are not commercially feasible, terminate the Agreement and refund to the Customer a pro-rata refund of the subscription fees paid for under the Agreement for the terminated portion of the Term. The rights and remedies granted Customer under this Section 6.1 state SLD’s entire liability, and Customer’s exclusive remedy, with respect to any claim of infringement of the intellectual property rights of a third party.

6.2. Disclosure of Customer Data.

SLD shall, at its own expense and subject to the limitations set forth in this Section 6, defend Customer from and against any Claims that arise out of or result directly from Dreamland Metaverses gross negligence or willful misconduct in preventing unauthorized access to confidential Customer Data, as determined by a court of competent jurisdiction in connection with a Claim alleging a breach of confidentiality, and shall hold User harmless from and against liability for any Losses to the extent based upon such a Claims.

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When Dreamland Metaverse is at fault but such fault does not rise to the level of gross negligence or willful misconduct, Dreamland Metaverse shall, at its own expense and subject to the limitations set forth in this Section 6 and on the amount of liability set forth in Section 5 applicable in the event of a breach of Section 2.10, defend Customer from and against any Claims, and shall hold Customer harmless from and against liability for any Losses to the extent based upon Claims, arising out of or relating to Dreamland Metaverse’s breach of Section 2.10 (Confidential Information) of this Terms of Service.

Provided that Dreamland Metaverse complies with this Section 6.2, Customer shall be entitled as its sole and exclusive remedy to terminate the Agreement and receive a pro-rata refund of the subscription fees

paid for under the Agreement for the terminated portion of the Term.

6.3. Customer’s Indemnity. Customer shall, at its own expense and subject to the limitations set forth in this Section 6, defend Dreamland Metaverse from and against any and all Claims (i) alleging that the Customer Data or any trademarks or service marks other than Dreamland Metaverse Marks, or any use thereof, infringes the intellectual property rights or other rights, or has caused harm to a third party, or (ii) arising out of Customer’s breach of Section 2.4 (Customer’s Lawful Conduct) or 2.10 (Confidential Information) above and shall hold Dreamland Metaverse harmless from and against liability for any Losses to the extent based upon such a Claims.

6.4. Indemnification Procedures and Survival. In the event of a potential indemnity obligation under this Section 6, the indemnified party shall: (i) promptly notify the indemnifying party in writing of such Claim; (ii) allow the indemnifying party to have sole control of its defense and settlement; and (iii) upon request of the indemnifying party, cooperate in all reasonable respects, at the indemnifying party’s cost and expense, with the indemnifying party in the investigation, trial, and defense of such Claim and any appeal arising therefrom. The indemnification obligations under this Section 6 are expressly conditioned upon the indemnified party’s compliance with this Section 6.4 except that failure to notify the indemnifying party of such Claim shall not relieve that party of its obligations under this Section 6 but such Claim shall be reduced to the extent of any damages attributable to such failure. The indemnification obligations contained in this Section 6 shall survive termination of this Agreement for one year.

7. Suspension/Termination.

7.1. Suspension for Delinquent Account. SLD reserves the right to suspend User’s and any Customer Affiliates’ access to and/or use of the Service for any accounts (i) for which any payment is due but unpaid but only after Dreamland Metaverse has provided Customer two (2) delinquency notices, and at least twenty (20) days have passed since the transmission of the first notice (‘Delinquent Account Status’), or (ii) for which Customer has not paid for the renewal term and has not notified SLS of its desire to renew the Service by the End Date of the then current term. The suspension is for the entire account and Customer understands that such suspension would therefore include Affiliate sub-accounts. Customer agrees that SLD shall not be liable to Customer or to any Customer Affiliate or other third party for any suspension of the Service pursuant to this Section 7.1.

7.2. Suspension for Ongoing Harm. Customer agrees that Dreamland Metaverse may with reasonably contemporaneous notice to Customer suspend access to the Service if Dreamland Metaverse reasonably concludes that Customer’s Service is being used to engage in denial of service attacks, spamming, or illegal activity, and/or use of Customer’s Service is causing immediate, material and ongoing harm to Dreamland Metaverse or others. In the extraordinary event that Dreamland Metaverse suspends Customer’s access to the Service, Dreamland Metaverse will use commercially reasonable efforts to limit the suspension to the offending portion of the Service and resolve the issues causing the suspension of Service. Customer further agrees that Dreamland Metaverse shall not be liable to Customer nor to any third party for any suspension of the Service under such circumstances as described in this Section 7.2.

7.3. Termination for Cause, Expiration. Either party may immediately terminate this Agreement and all Estimates/Order Forms issued hereunder in the event the other party commits a material breach of any provision of this Agreement which is not cured within thirty (30) days of written notice from the non-breaching party.

Such notice by the complaining party shall expressly state all of the reasons for the claimed breach in sufficient detail so as to provide the alleged breaching party a meaningful opportunity to cure such alleged breach and shall be sent to the General Counsel of the alleged breaching party at the address listed in the heading of this Agreement (or such other address that may be provided pursuant to this Agreement) (‘Notice’). Upon termination or expiration of this Agreement, Customer shall have no rights to continue use of the Service. If this Agreement is terminated by Customer for any reason other than a termination expressly permitted by this Agreement, Customer agrees that Dreamland Metaverse shall be entitled to all of the fees due under this Agreement for the entire Term. If this Agreement is terminated as a result of a breach on Dreamland Metaverse part, Dreamland Metaverse shall refund the pro rata portion of any subscription fees paid by Customer to Dreamland Metaverse under this Agreement for the terminated portion of the Term.

7.4. Handling of Customer Data In The Event Of Termination. Customer agrees that following termination of Customer’s account and/or use of the Service, Dreamland Metaverse may immediately deactivate Customer’s account and shall be entitled to delete Customer’s account and data after one week. Customer further agrees that Dreamland Metaverse shall not be liable to Customer nor to any third party for any termination of Customer access to the Service or deletion of Customer Data, provided that Dreamland Metaverse is in compliance with the terms of this Section 7.4.

8. Modification; Discontinuation of The Service.

8.1 To the Service. Dreamland Metaverse may make modifications to the Service or particular components of the Service from time to time and will use commercially reasonable efforts to notify Customer of any material modifications. Dreamland Metaverse reserves the right to discontinue offering the Service at the conclusion of Customer’s then current Term. Dreamland Metaverse shall not be liable to Customer nor to any third party for any modification of the Service as described in this Section 8.1.

8.2 To Applicable Terms. If Dreamland Metaverse makes a material change to any applicable Terms, then Dreamland Metaverse will notify Customer by either sending an email to the notification email address or posting a notice in the Administrator’s user interface of Customer’s account. If the change has a material adverse impact on Customer and Customer does not agree to the change, Customer must so notify Dreamland Metaverse via snoopy.pfeffer@yahoo.com within twenty days after receiving notice of the change. If Customer notifies Dreamland Metaverse as required, then Customer will remain governed by the Terms in effect immediately prior to the change until the end of the then current term for the affected Service. If the affected Service is renewed, it will be renewed under Dreamland Metaverse then current Terms.

9. Definitions.

‘Affiliates’ means any entity which directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with Customer, by way of majority voting stock ownership or the ability to otherwise direct or cause the direction of the management and policies of Customer.

‘Customer Data’ means all electronic data or information submitted to the Service by Customer or its Affiliates.

‘Electronic Communications’ means any transfer of signs, signals, text, images, sounds, video, data or intelligence of any nature transmitted in whole or part electronically received and/or transmitted through the Service.

‘Service’ collectively, Dreamland Metaverse online hosting services (the ‘Dreamland Metaverse Service’), including associated offline components, but excluding Third Party Applications and implementation services.

‘Third Party Applications’ means online, Web-based applications and offline software products that are provided by third parties, and interoperate with the Service.

‘Users’ means individuals who are authorized by Customer to use the Service, for whom subscriptions to a Service have been registered, and who have been supplied user identifications and passwords by Customer (or by Dreamland Metaverse at Customer’s request). Users may include but are not limited to Customer’s and Customer’s Affiliates’ employees, consultants, contractors and agents.

Schedule I

SERVICE LEVEL COMMITMENT

FOR

SUBSCRIBERS OF OPENSIM SERVICES

Service Level Commitment

Dreamland Metaverse currently offers OpenSim Hosting Services with a „Best Effort“ service level. The reason is that OpenSim is still under development and alpha software. If User wants to benefit from regular software updates, including new features and bug fixes, we currently cannot guarantee a fixed service level.

Our service statistics show, that in the past we were able to anyway provide a service availability of about 99.5% and better, excluding scheduled maintenance times.

Scheduled and Unscheduled Maintenance

Regularly scheduled maintenance time does not count as downtime. Maintenance time is regularly scheduled if it is communicated in accordance with the notice section set forth below at least two full business days in advance of the maintenance time. Regularly scheduled maintenance time typically is communicated at least a week in advance, scheduled to occur at night on the weekend, and takes less than 10-15 hours each quarter. Dreamland Metaverse hereby provides notice that every Saturday night 8:00pm – 8:30pm Pacific Time / 11am – 11:30am Central European Time is reserved for routine scheduled maintenance for use as needed.

Dreamland Metaverse in its sole discretion may take the Service down for unscheduled maintenance and in that event will attempt to notify customer in advance in accordance with the Notice section set forth below. Such unscheduled maintenance will be counted against the uptime guarantee.

Updates/Notice

This Service Level Commitment may be amended by Dreamland Metaverse in its discretion but only after providing thirty days advance notice. Notices will be sufficient if provided to a user designated as an administrator of your Dreamland Metaverse account either: (a) as a note on the screen presented immediately after completion of the log in authentication credentials at the log in screen, or (b) by email to the registered email address provided for the administrator(s) for Customer’s account.

Harassment or Discrimination

Simply stated, the site policy is an Anti-Harassment policy. This includes harassment of site users or by site users. General harassment, Sexual Harassment, or Racial Harassment is not permitted.

Scope

This Shangri-La-Dream harassment policy applies to all persons who visit the site. This includes public visitors, site members, and grid users, and anyone else whom people come into contact with during the discharge of their activities on Shangri-La-Dream. Hereafter any people described here are refered to as site users.

Policy brief & purpose

Policy elements

What is the definition of harassment in Shangri-La-Dream?

While it is impractical list all occasions which would constitute harassment, we nonetheless provide some indicative examples:

If a site user experiences or witnesses harassment by any other site user, they are obliged to report the incident as soon as possible to Shangri-La-Dreams. All reports will be discreetly and confidentially investigate to determine whether harassment has occurred.

Grievance Procedure

In cases when rules are adjudged to have been violated, site users can address the offender directly. If the issue is not resolved the complainant can report it to the Shangri-La-Dream. The report will be investigated in a timely fashion and all parties listened to.

Disciplinary Consequences

Any such actions, when determined, will bring prompt disciplinary steps against the offending party, including, warnings, suspensions or accounts deleted.
Disclaimer: This policy provides general guidelines. It may not take into account all relevant local, state or federal laws and is not a legal document. Shangri-La-Dreams will assume no legal liability that may arise from the use of this policy or the use of the site.