TOS – Terms Of Services
Services – The BREATH GRID Servers, Web Sites to include forums
Banned – Removed from and prohibited from further use of the services
Land Ownership – Rights and privileges to geographical areas of The BG.
Ownership defined as firsthand account fee payments directly to The BREATH GRID.
Land Rental – Rights and privileges to geographical areas of The BG.
Rental – defined as firsthand fee payments to Land Owners of The BG.
Skybox – A dwelling structure placed in an altitude not normally viewable on public access.
You – A registered user account with The BREATH GRID.
Us – The BG (BREATH GRID)
Tier 1 – General The BG duties,
DMCA investigations, Griefing control
Tier 2 – Technical Staff, Region restarts, Grid takedowns/restarts etc.
CS – Customer Support system
PG – No nudity allowed (shop owners for skins or transparent clothes will need to have minimal coverage over nudeareas), mild violence allowed, mild language allowed, minimal sBGgestive themes.
Mature – nudity allowed ( hard sexual images not allowed or pornographic material).
Adult – all sexual, pornographic and images allowed including all hardcore activities.
SERVICES AND CONTENT
1. NO RESPONSIBILITY FOR CONTENT
BREATH GRID (the “Service”) provides server use for a 3D online world;
BREATH GRID has no responsibility for the content that you access throBGh the Service and does not guarantee the accuracy, integrity or quality of such content;
BREATH GRID assumes no responsibility for the timeliness, deletion, or failure to store any user communications, personalization settings, or content.
2. PRIVACY AND SECURITY
Information regarding your service usage that is available to BREATH GRID will be maintained in confidence except for disclosures required by law (e.g., a lawful subpoena), disclosures you agree to, disclosures of general information on usage that does not refer to the user’s identity, and disclosures for billing, collection or enforcement purposes.
You are responsible for maintaining the confidentiality of any password and account credentials, and are fully responsible for all activities that occur under your password or account.
You agree to immediately notify BREATH GRID of any unauthorized use of your password or account or any other breach of security, if this effects your services from BREATH GRID.
3. MEMBER CONDUCT
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Customer is solely responsible for all Content that Customer uploads, posts, instant messages or otherwise transmits via the Service or that may be stored by the service.Customer acknowledges that in using the Service, Customer may be exposed to Content that is offensive, indecent or objectionable in the customers opinion.
BREATH GRID shall have no responsibility or liability what so ever for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
Customer agrees to not use the Service to:
a) Upload, post, email, instant message or otherwise transmit any Content that is unlawful, harmful, harassing, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b) Transmit material that Is intended to or is likely to cause harm to minors;
c) Impersonate any person or entity, including, but not limited to, a BREATH GRID employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted throBGh the Service;
e) 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, for example and without limiting the scope of this clause, proprietary and confidential information or information protected under non disclosure agreements);
f) Upload, post, email, instant message or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.
g) Upload, post, email, instant message or otherwise transmit any unauthorized advertising, promotional materials, “junk mail,””spam,” or “pyramid schemes”;
h) 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;
i) Use the Service to collect replies or responses from any unsolicited or unauthorized advertising, promotional materials, “junkmail,””spam,” “pyramid schemes,” or anything which violates this acceptable use policy (including, for example and without limiting the scope of this clause, hosting websites, images, email accounts, email servers, or other electronic means used to collect responses, orders or to track receipt of messages which violate this AUP, even if message did not originate from this Service). Sending Spam can lead to industry blacklisting of business and mailservers ,IP addresses and blocks, resulting in interruption and/or termination of Customer’s Services;
j) Upload, post, email or other wise transmit any material that contains malicious scripts and/or programs such as computer viruses, worms, Trojan horses, keyloggers, 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 BREATH GRID or the Services affiliates (other account holder);
k) 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;
l) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service. Disrupt, degrade, harm or attempts to harm the BREATH GRID network or any of its services;
m) Intentionally or unintentionally violate any applicable local, state, federal or international law;
n) “Stalk” or otherwise harass another User or Account holder.
o) Unlawfully collect or store personal data about other users.
p) The soliciting, requesting, facilitating, or performing of child sexual activity, child pornography, or explicit depiction of child sexual matter in photos, drawings, or depictions by avatars, or any child oriented sexual content of any kind is not allowed anywhere in BREATH GRID (even if not banned by law in any jurisdiction) and will result in immediate termination of the individuals involved.
Customer shall indemnify and hold BREATH GRID and its subsidiaries, affiliates, officers, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content submitted or transmitted by Customer throBGh the Service, Customer’s use of the Service, Customer’s connection to the Service, Customer’s violation of BREATH GRID’s Acceptable Use Policy, Customer’s violation of local, state, federal or international law, or Customer’s violation of any rights of another person or entity throBGh use of the Service.
BREATH GRID may, without notice to Customer, terminate Customer’s access to the Service, or any other resource provided by BREATH GRID as part of the Service, if the Service believes that Customer has violated BREATH GRID’s Acceptable Use Policy or acted inconsistently with the letter or spirit of BREATH GRID’s Acceptable Use Policy. Customer also agrees that BREATH GRID shall not be liable to you or any third-party for any termination of Customer’s access to the Service.
6. LIMITATION OF LIABILITY
BREATH GRID, the service, and the owners of said service shall not beliable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits or revenues, goodwill, use,data or other intangible losses (even if BREATH GRID has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the service;
(ii) any goods, data, information or services purchased or obtained or messages received or transactions entered into throBGh or from the service;
(iii) any other matter relating to the service.
If any provision of BREATH GRID’s Acceptable Use Policy is found by a court of competent jurisdiction to be invalid, the parties never the less agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of BREATH GRID’s Acceptable Use Policy shall remain in full force and effect. The section titles in this Acceptable Use Policy are for convenience only and have no legal or contractual effect. BREATH GRID reserves the right in its sole discretion to amend, supplement or revise this Acceptable Use Policy from time-to-time.