Welcome to Glowbe! The following agreement describes the terms on which Whirlwhinds Media ("Whirlwhinds", the "provider") offers you access to its services. The offer is conditioned to your agreement on the term conditions contained within the Terms of Service. By using Glowbe, you agree to these Terms of Service. If you do not agree, you will be prohibited access from Glowbe. Whirlwhinds Media may amend these terms during any time at its sole discretion. In this case, you will still be required to follow any amendments made.
1.1 Basic description of the service; Glowbe, including software and websites.
"Glowbe" is a multi-user online service provided by Whirlwhinds Media, including any software provided to you by Whirlwhinds, the online environments supported by the service, including without limitation: the server compilation, software access, messaging and protocols that stimulate the Glowbe environment, (the "client"), application program interfaces provided by Whirlwhinds Media for you to use within Glowbe (the "API's") and access to the website available from the domain and sub-domain of Glowbe. The servers, client, API's, websites, or any other Glowbe software collectively constitute the service used in this agreement.
1.2 Whirlwhinds Media is a service provider, which means that among other things, it does not control various aspects of the website.
You acknowledge that Whirlwhinds is a service provider that allows players to actively interact regarding topics and content chosen by users of the service. Users can alter the environment on a real time basis. Whirlwhinds does not regulate the content of communication between a user's interaction with the service. As a result, Whirlwhinds has limited control, if any, over the quality, safety, morality, legality, truthfulness, or accuracy over various aspects of the service.
1.3 Content available in the service is likely provided by users of the service, rather than by Whirlwhinds. Whirlwhinds and other parties have rights to their respective content, which you agree to respect.
You acknowledge that by using the service you may have access to various media and other creative output (collectively "content"), and the content may be provided under license by independent content providers, including contributions from users of the service. Glowbe does not pre-screen content.
You acknowledge that Whirlwhinds Media and other content providers have rights to 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 such rights. You agree that your creation of content is not in any way based on expectation of compensation from Whirlwhinds.
1.4 Glowbe "currencies" are a limited license right available for purchase or free distribution at Whirlwhinds Media's discretion and are not redeemable for monetary value from Whirlwhinds Media.
You acknowledge that the service includes fictional currency which constitute a limited license right to use a feature of our product when, as, and if provided by Whirlwhinds. Whirlwhinds may charge fees for the right to use Glowbe currencies, or my distribute currencies without charge in its sole discretion. Regardless of terminology used, Glowbe currencies represent a limited license right governed solely under the terms of the agreement and are not redeemable for any sum of money or monetary value from Whirlwhinds at any time. You agree that Whirlwhinds has the right to manage, regulate, control, modify, and/or eliminate such currency as it seems fit for its sole discretion, in any general or specific case, and that Whirlwhinds will have no liability to you based on its exercise of such right.
1.5 Glowbe is subject to scheduled and unscheduled service interruptions. All aspects of the service are subject to change and elimination at Whirlwhinds Media's sole discretion.
Whirlwhinds reserves the right to terminate or interrupt any service with or without prior notice for any reason or no reason. You agree that Whirlwhinds will not be liable for any interruption of the service, delay, or failure to preform. You understand that except as otherwise provided in the billing FAQ, you shall not be entitled to any refunds or fees for interruption of the service or failure to preform. Whirlwhinds has the right to at any time change and/or eliminate any aspects of the service at its sole discretion.
1.6 If you choose to use paid aspects of the service, you agree to the posted pricing and billing policies listed on the websites.
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 even you are 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 in the billing FAQ. Whirlwhinds may add new services for additional fees and charges, or pro-actively amend fees and charges for existing services at any time in its sole discretion.
ACCOUNT REGISTRATION AND REQUIREMENTS
2.1 You must establish an account to use Glowbe using true and accurate registration information.
You must establish an account with Whirlwhinds to use the service, except to the portions of the website to which Whirlwhinds allows access without a registration. You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form and maintain and promptly update registration data to keep it true, accurate, current, and complete. You may establish an account with registration data provided to Whirlwhinds through the use of an API, in which case you may have a separate additional account relationship with such third party. You authorize Whirlwhinds directly or through third parties to make any inquiries about what they consider necessary in order to validate your registration data. Whirlwhinds reserves the right to pursue legal actions against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing you acknowledge that Whirlwhinds cannot guarantee the accuracy of any information submitted by any user of the service.
You must be at least thirteen years of age to participate in the service.
By accepting this agreement in connection with an account you agree that you are at least thirteen years of age, have read and accept the agreement, and if under the age of eighteen your parent or legal guardian has agreed to you having an account for participating in the service, for providing your information in the account, and that your parent or legal guardian has accepted the agreement.
Whirlwhinds cannot control whether minors gain access to the service and makes no representation that users are not minors. Whirlwhinds cannot ensure that other users or employees will not provide content or access to content that parents or guardians may find inappropriate and other users may find objectionable.
2.3 You may need to use a display name and may choose a 'permaname' in Glowbe which are not misleading, offensive, or infringing. You must keep your account password secure.
You must choose a display name to identify yourself in Glowbe, which will also serve as the name for graphical representation for your body. You may also choose a permanent name which cannot be changed and is used to identify you.
You may not select your display name or permanent name as the name of another person to the point where it could cause deception or confusion, a name which violates any trademark/proprietary right, a name which may mislead others to believe you are an employee, or a name in which Whirlwhinds Media deems as vulgar or offensive. Whirlwhinds reserves the right to delete or change any display name or permanent name for any reason or no reason. You are fully responsible for all activities conducted through your account.
At the time your account is open 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 to gain access to your account or account name. At no time should you respond to an online request other than in connection with the log on process to the service. Your disclosure of the password to any other person is entirely at your own risk.
2.4 You may delete your account at any time, however, there are no refunds.
Accounts may be deleted at any time. There will be no refunds for any unused currency or pre-paid fees for any potion of the service.
2.5 Whirlwhinds may terminate your account at any time without refund or obligation to you.
Whirlwhinds has the right to suspend or terminate you at any time for no reason or any reason. They can refuse any future or current use of the service to you without notice or liability. In the event that Whirlwhinds suspends or terminates your account you understand and agree that you shall receive no refund or exchange for any unused currency, content, or data associated with your account, or for anything else
2.6 Accounts affiliated with delinquent accounts are subject to remedial actions regarding the delinquent account.
In the event an account is suspended or terminated for the breach of this agreement or payment delinquency Whirlwhinds may suspend or terminate accounts held by you or your affiliates. Your breach shall be deemed to apply to all such accounts.
2.7 You are responsible for your own internet access.
Whirlwhinds does not provide you internet access and you are responsible for all terms associated with your internet connection.
LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS
3.1 You have a nonexclusive, limited, revocable license to use Glowbe while you are in compliance with the terms of service.
Subject to the terms of this agreement, Whirlwhinds grants you a non-exclusive, limited, fully revocable license to use Whirlwhinds software and the rest of the service during the time you are in full compliance with the Terms of Service. Additional terms may apply to the use of API's or other separate elements of the service. Nothing in this agreement or on the websites will be constituted as granting you any other rights or privileges with respect to the service or any content. You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a Whirlwhinds employee and that you do not expect to be, and will not be, compensated by Whirlwhinds for such activities.
3.2 You retain copyright and other intellectual property rights with respect to content you create in Glowbe, to the extent of the rights you have to it. However, you must provide certain license rights, forbearances and indemnification, to Whirlwhinds and to other users of Glowbe.
Users of the Service can create Content on Glowbe's servers in various forms. Whirlwhinds Media 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.
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 Whirlwhinds 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 Whirlwhinds 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: 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; you are solely responsible for, and Whirlwhinds 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 Whirlwhinds' 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 Whirlwhinds' 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.
You agree that while you may retain certain copyright or intellectual property rights you do not own the account you use to access the service nor any data Whirlwhinds stores on the Glowbe servers including any data representing your content. Your intellectual property does not confer any rights of access to the service or rights to data stored by or on behalf of Whirlwhinds.
PLEASE NOTE THAT THE TERMS BELOW ARE UNFINISHED.
3.4 Whirlwhinds licenses its example content to you for your use in creating content in-world.
During any period in which your Account is active and in good standing, Whirlwhinds gives you permission to re-use its example source code and art assets (found on the Glowbe wiki and on the service itself), for use only as a part of the Service.
CONDUCT BY USERS OF GLOWBE
4.1 You agree to abide by certain rules of conduct, including the Community Standards and other rules prohibiting illegal and other practices that Whirlwhinds deems harmful.
You agree to read and comply with the Community Standards posted on the Glowbe wiki; http://synced.wikia.com/Community_Standards
In addition to abiding at all times by the Community Standards, you agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (ii) impersonate any person or entity without their consent, including, but not limited to, a Whirlwhinds employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit Content as determined by Whirlwhinds at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that Whirlwhinds considers in its sole discretion to be of such nature; (viii) 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; (ix) attempt to gain access to any other user's Account or password; or (x) "stalk", abuse or attempt to abuse, or otherwise harass another user. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Account. You agree that Whirlwhinds may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you.
Whirlwhinds has designed the Service to be experienced only as offered by Whirlwhinds at the Websites or partner websites. Whirlwhinds is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by Whirlwhinds. You agree not to create or provide any server emulators or other software or other means that provide access to or use of the Servers without the express written authorization of Whirlwhinds. Notwithstanding the foregoing, you may use and create software that provides access to the Servers for substantially similar function (or subset thereof) as the Client; provided that such software is not used for and does not enable any violation of these Terms of Service. Whirlwhinds is not obligated to allow access to the Servers by any software that is not provided by Whirlwhinds, and you agree to cease using, creating, distributing or providing any such software at the request of Whirlwhinds. You are prohibited from taking any action that imposes an unreasonable (at the sole discretion of Whirlwhinds) or disproportionately large load on Whirlwhinds' infrastructure.
You may not charge any third party for using the Whirlwhinds Media Software to access and/or use the Service, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law), decompile or attempt to discover the source code of the Whirlwhinds Software, or create any derivative works of the Whirlwhinds Software or the Service, or otherwise use the Whirlwhinds Software except as expressly provided in this Agreement. You may not copy or distribute any of the written materials associated with the Service. Notwithstanding the foregoing, you may copy the Client that Whirlwhinds provides to you, for backup purposes and may give copies of the Client to others free of charge. Further, you may use and modify the source code for the Client as permitted by any open source license agreement under which Whirlwhinds distributes such Client source code.
4.3 You will comply with the processes of the Digital Millennium Copyright Act regarding copyright infringement claims covered under such Act.
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found within the online virtual world of Glowbe can be identified and removed via Whirlwhinds' DMCA compliance process listed at http://synced.wikia.com/DMCA_Policy, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
You are not permitted to use the marks "Glowbe", "Whirlwhinds Media", the Glowbe logo, or any other trade, service or other marks registered to or owned by Whirlwhinds Media, except as explicitly authorized by Whirlwhinds and in accordance with guidelines listed at http://synced.wikia.com/Branding_Usage.
RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION
5.1 You release Whirlwhinds Media from your claims relating to other users of Glowbe. Whirlwhinds Media has the right but not the obligation to resolve disputes between users of Glowbe.
As a condition of access to the Service, you release Whirlwhinds (and Whirlwhinds' 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) Whirlwhinds will have the right but not the obligation to resolve disputes between users relating to the Service, and Whirlwhinds' resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent Whirlwhinds elects to resolve such disputes, it will do so 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) Whirlwhinds' 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 Whirlwhinds (and Whirlwhinds' 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 Whirlwhinds' resolution of disputes relating to the Service.
5.2 Other service or product providers may form contractual relationships with you. Whirlwhinds Media is not a party to your relationship with such other providers.
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 Client provided by Whirlwhinds, and you may register for use of Glowbe through websites that are not Websites owned and operated by Whirlwhinds. Whirlwhinds is not responsible for any software used with or in connection with Glowbe other than Whirlwhinds Media Software developed by Whirlwhinds. Whirlwhinds does not control and is not responsible for any information you provide to parties other than Whirlwhinds. Whirlwhinds is not a party to your agreement with any party that provides software, products or services to you in connection with Glowbe.
5.3 All data on Whirlwhinds Media's servers are subject to deletion, alteration or transfer.
When using the Service, you may accumulate Content, Currency, objects, items, scripts, equipment, or other value or status indicators that reside as data on Whirlwhinds' servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON WHIRLWHINDS MEDIA'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON OR NO REASON IN WHIRLWHINDS MEDIA'S 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, WHIRLWHINDS MEDIA 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 WHIRLWHINDS MEDIA'S SERVERS.
YOU UNDERSTAND AND AGREE THAT WHIRLWHINDS MEDIA 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.
5.4 Whirlwhinds MEDIA provides the Service on an "as is" basis, without express or implied warranties.
WHIRLWHINDS MEDIA PROVIDES THE SERVICE, THE WHIRLWHINDS MEDIA SOFTWARE, YOUR ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, 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, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, Whirlwhinds does not ensure continuous, error-free, secure or virus-free operation of the Service, the Whirlwhinds Media Software or your Account, and you understand that you shall not be entitled to refunds for fees based on Whirlwhinds' failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
5.5 Whirlwhinds Media's liability to you is expressly limited, to the extent allowable under applicable law.
IN NO EVENT SHALL WHIRLWHINDS MEDIA OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR 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 WHIRLWHINDS MEDIA SOFTWARE, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT WHIRLWHINDS MEDIA MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL WHIRLWHINDS MEDIA'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that Whirlwhinds Media cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service.
5.6 You will indemnify Whirlwhinds Media from claims arising from breach of this Agreement by you, from your use of Glowbe, from loss of Content due to your actions, or from alleged infringement by you.
At Whirlwhinds' request, you agree to defend, indemnify and hold harmless Whirlwhinds, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other users of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless Whirlwhinds Media, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Account, and (b) any claims by third parties that your activity or Content in the Service infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.