Terms of Service
| Terms Of Service (TOS) – Dynamic Worldz Concepts holding company of Dynamic Worldz & Dynamic Worldz Grid |
Dynamic Worldz & Dynamic Worldz Grid hereafter referred to as DW
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (hereafter referred to as TOS) FOR THIS WEB SITE AND VIRTUAL WORLD PLATFORM BEFORE USING THIS SITE AND VIRTUAL WORLD PLATFORM.
By accessing, linking to, using this site, or any service on this site and virtual world platform, you acknowledge YOUR ACCEPTANCE OF THESE TOS. DW reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this site and/or platform. Your access, link to, or use of the site & virtual platform, or any service on this site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If at any time you do not wish to accept the TOS, you may not access, link to, use the site or virtual platform . Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by DW and shall be of no force or effect.
This agreement (the “Agreement” or the “Terms of Service”) describes the terms on which Dynamic Worldz Concepts. (“DWC”) offer you access to its interactive entertainment products and services. The “Service” means all features, applications, content and downloads offered by Dynamic Worldz, including its Websites, Servers, Software, Content, and User Content (as those terms are defined below). This offer is conditioned 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 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.
Age & Verifcation
Access to DW is reserved for use of individuals who are over 18 years of age or older. Restrictions in the current opensim technology prevent DW from actively blocking users who are not age certified. By creating an account on DW you agree to the Terms of Service and verify that you are 18 years of age or older. Minors who are found to be using this site or virtual platform will be blocked from further access and their IP address added to the access blacklist. Removal of the IP address from the blacklist will only be done once certified age verification is made.
Rules of Conduct
1. “Griefing” will not be tolerated under any circumstance.
2. Photos of children, child pornography or any image depicting an act of a sexual nature involving children is strictly prohibited.
3. While child avatars are allowed on the grid. Anyone found to be using these avatars to solicit sex or sexual behaviour will be unconditionally banned and blocked from any access to the site and platform.
4. Harassment and badgering is not permitted.
5. Pushing and the use of HUDs to move or expel other users without their expressed consent, is considered harassment.
Failure to comply with any of the Rules of Conduct will result in further action being taken. The possibility of being banned, accounts frozen and indefinite IP address blacklisting (non reversible).
Property Definitions
- Content Theft: The unlawful or unethical appropriation of a copy of another’s protected digital content. Unlike theft in the physical world, digital content theft may not deprive the lawful owner of use of the original work, but of potential theoretical future control or earnings.
- Copyright: A legal protection in most countries of works such as writing, painting, photography, video, and music recording, digital or other. Copyright is automatically assigned to the creator of any copyrightable work, whether it is actually registered with the appropriate agencies or not.
- Digital Millennium Copyright Act (DMCA): A US federal law (adopted in many countries) that attempts to control ownership rights of copyrighted digital assets, including, among other things, music and other sounds, images and textures.
- Intellectual Property (IP): a catch-all term often used to discuss items such as copyright and trademark. IP is not a legal term, and ignores the large differences between such things as patents and copyrights.
- Patent: a legal protection in most countries of specific implementations of ideas. In come countries, this is restricted to specific physical machines or techniques, while in others, such as the US, it also includes computer algorithms and business processes (though this later area is still being analysed by the courts).
- Piracy: a inflammatory term used by some for the purpose of lobbying and litigation, but that is actually not helpful to rational discussion.
- Plagiarism: the un-attributed copying of substantial amounts of text or other works. Using a substantial portion of a book or song, for instance, is plagiarism. What amounts to substantial is a matter of judgement, and depends on the size of the work involved.
Social Contract
Having a similar style, even copying a style, is not the same thing as content
theft. In fact, human society as we know it would not exist without it.
However, a creator should have a right to control the use of her/his specific
creations for some period of time, as an encouragement to create useful items
for the betterment of the community. The creation of goods
for the benefit of the entire community, and so we want to provide an
environment that provides both the incentive to create and the encouragement to
share, either freely or in trade. Misappropriation and content theft
work counter to this goal, as well as causing ill-will in the community.
Legal Requirements
Direct copying of prims, textures, and
scripts without permission of the creator is a copyright violation. This is
true whether or not the creator has registered a copyright. DW asset
server operates in the
United
Kingdom, and as
such, is subject to British law, including the DMCA. It is not enough to assume
that the creator intended free copying just because a given copy has no
specific property restrictions. If a creator discovers that her or his creation
is being used contrary to legal wishes, she or he may use a DMCA
“takedown” notice to DW to request its immediate removal. The
notice must include both the copyright that is allegedly being violated, and
the in-world item(s) which are violating the copyright, including the object’s
name and location, and an explanation of the violation. The notice must also
include real-world contact information, be submitted via email to
admin@dynamicworldz.com attaching the copy of the DMCA signed notice. Please
note that an intentionally false DMCA takedown notice is considered to be
perjury, and is also a violation of DW’s terms of service resulting in further
action taken on the individual or individuals.
In the case of receiving a valid takedown notice, DW
will notify the citizens in question, who then has to opportunity to dispute
the notice by filing a response, by detailing the reasons why the original
takedown request was invalid. DW reserves the right to evaluate and action the
authenticity of any claim.
The text of the DMCA is at http://www.copyright.gov/legislation/dmca.pdf .
For more background information on the DMCA, see
http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act
Technical Limitations
OpenSim software and viewers, as they currently exist, do make an effort to control copying items to the intention of the creators. However, it is not difficult for a determined user to subvert those intentions. While it is likely that future development of OpenSim will improve these tools, there is not now, and likely will never be, a completely reliable technical solution to prevent theft of property. For this reason, the creator’s intent should be respected, regardless of the permission settings, and regardless of what the user may wish the creator’s intentions were. If in doubt, ask the creator.
DW Resident Expectations and
Responsibilities
We expect that all citizens will take into account both social and legal requirements in the use and copying of digital properties. If a DW resident discovers a potential problem in this area, she or he should first of all discuss the problem with those directly involved both factually and calmly. The use of drama to deal with this is both inappropriate and likely to escalate rather than solve the problem. Nor is it helpful to escalate matters to a legal dispute prematurely, as this is likely to cost all parties concerned a great deal of time, money, and aggravation, without any guarantee of an amicable solution. It is also always of highest importance that creators not confuse copying of ideas and styles, which is legal, with copying of actual content without permission, which is not ethical or legal.
DW Community Expectations and Responsibilities
If the parties involved cannot come to resolution directly, they should bring the dispute before the community council for rational discussion.
DW Management Expectations and Responsibilities
If all other means of resolution fail, or if a DMCA complaint is filed, the DW
management will take action, as required by appropriate British law. Please
note that both repetitive digital property violations,
and the repetitive abuse of DMCA complaints to remove property inappropriately
in an effort to suppress speech, commerce, or otherwise “grief”
another resident will be considered by DW
management as grounds for suspension or removal of a citizen’s account.
DW will
follow all British and applicable laws, and provide full disclosure to all
legal authorities and parties involved, as required by subpoena or other legal
write.
No damages. You agree that if, in connection with your use of the provided virtual space, you incur direct or indirect injury of any kind, including injury to persons or property or lost profits, Dynamic Worldz shall not be held liable for any such loss or damage. Under no circumstance or event will Dynamic Worldz, it’s stockholders, directors, officers or employees be liable to you (or any other person) for any damages, including lost profits or other incidental or consequential damages arising out of your use or inability to use the Virtual Platform. Dynamic Worldz assumes the right to all content stored on its servers and as such reserves the right to use, remove or rename where it sees fit. Dynamic Worldz & its management assumes no liability for any loss of data, funds, objects, textures, sounds or any other virtual content at any time and without exception.