Terms of Service
VastPark Terms of Service
Published: 13 April 2008 | Updated: 14 April 20081. Acceptance of Terms
VastPark Pty Ltd and its affiliates ("VastPark", "we" or "us") welcomes you. The following Terms of Service ("Terms of Service" or "Terms") covers your use of the VastPark service (the "Service") for creating and enjoying virtual worlds, games and interactive presentations ("Widgets") on the VastPark Platform.
VastPark provides software tools, web services, websites, service and 3rd party options such as plugins and Widgets (known collectively and severally as the "VastPark Platform" or the "Platform") to you subject to the following Terms.
These Terms form a legally binding agreement between you and VastPark in relation to your use of the Service. It is important that you take the time to read them carefully.
In order to use the Services, you must first agree to the Terms. By registering with VastPark, creating, or using the VastPark Platform, you are agreeing to these Terms. You also become a VastPark User ("VastPark User", "Platform User", "Member' or "User").
2. Appropriate Conduct
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with VastPark, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Upon registering you will receive your own VastPark ID. If you are joining a official licensor's community then you will receive their community ID. Your ID is your passport into worlds created on the VastPark platform. An official VastPark Platform Community may contain its own ID system for its Users, social Groups, Community Assets and official and User created Worlds and Widgets.
You acknowledge that when using VastPark's software you may interact with multiple concurrent Widgets owned or operated by different Users from a variety of Communities and where each Widget may be governed by different Terms of Service. Where a Widget Terms of Service contradicts the VastPark Terms of Service, the VastPark Terms will prevail.
All Communities and Worlds shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
The VastPark Platform includes, but is not limited to: single sign-on using a unique "VastPark ID" per User that gives potential access to all Communities, Worlds and Widgets on the VastPark Platform; social Groups including group chat; and sub-cultures and meta-games.
3. Description of Service
VastPark provides Users with the VastPark Platform that enables access to a rich collection of distributed resources, including various software tools, Widgets, access to interacting with other users via worlds and games, personalized interactive experiences that may not be moderated or repeatable and branded programming through its network of User created properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and branded content and that these advertisements are necessary for VastPark to provide the Service. You also understand and agree that the Service may include certain communications from VastPark and from the User Owners of Communities or Widgets, such as service announcements, administrative
messages, emails from known Users or Groups and the VastPark Newsletter. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new VastPark or User created properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that VastPark assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that VastPark has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
4. Provision of the Services by VastPark
VastPark has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of VastPark itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
VastPark is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which VastPark provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that VastPark may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at VastPark's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform VastPark when you stop using the Services.
You acknowledge and agree that if VastPark disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while VastPark may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by VastPark at any time, at VastPark's discretion.
5. Use of the Services by you
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to VastPark will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by VastPark, unless you have been specifically allowed to do so in a separate agreement with VastPark. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with VastPark, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that VastPark has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which VastPark may suffer) of any such breach.
6. Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to VastPark for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify VastPark immediately.
7. Privacy and your personal information
For information about VastPark's data protection practices, please read VastPark's Privacy Policy. This policy explains how VastPark treats your personal information, and protects your privacy, when you use the Services.
You agree to the use of your data in accordance with VastPark's privacy policies.
8. Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to VastPark (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by VastPark or by the owners of that Content, in a separate agreement.
VastPark reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, VastPark may provide tools to filter out explicit sexual content.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that VastPark has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which VastPark may suffer) by doing so.
9. Proprietary rights
You acknowledge and agree that VastPark (or VastPark's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated
confidential by VastPark and that you shall not disclose such information without VastPark's prior written consent.
Unless you have agreed otherwise in writing with VastPark, nothing in the Terms gives you a right to use any of VastPark's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
If you have been given an explicit right to use any of these brand features in a separate written agreement with VastPark, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and VastPark's brand feature use guidelines as updated from time to time.
Other than the limited license set forth in Section 11, VastPark acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with VastPark, you agree that you are responsible for protecting and enforcing those rights and that VastPark has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by VastPark, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from VastPark
VastPark gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by VastPark as part of the Services as provided to you by VastPark (referred to as the "Software" below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by VastPark, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by VastPark, in writing.
Unless VastPark has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content licence from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give VastPark a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling VastPark to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
You agree that this licence includes a right for VastPark to make such Content available to other companies, organizations or individuals with whom VastPark has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that VastPark, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit VastPark to take these actions.
You confirm and warrant to VastPark that you have all the rights, power and authority necessary to grant the above licence.
12. Software updates
The Software which you use may automatically download and install updates from time to time from VastPark. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit VastPark to deliver these to you) as part of your use of the Services.
13. Ending your relationship with VastPark
The Terms will continue to apply until terminated by either you or VastPark as set out below.
If you want to terminate your legal agreement with VastPark, you may do so by (a) notifying VastPark at any time and (b) closing your accounts for all of the Services which you use, where VastPark has made this option available to you. Your notice should be sent, in writing, to VastPark's address which is set out at the beginning of these Terms.
VastPark may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) VastPark is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom VastPark offered the Services to you has terminated its relationship with VastPark or ceased to offer the Services to you; or
(D) VastPark is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by VastPark is, in VastPark's opinion, no longer commercially viable.
Nothing in this Section shall affect VastPark's rights regarding provision of Services under Section 4 of the Terms.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and VastPark have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of section 20 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT VASTPARK'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR
JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
IN PARTICULAR, VASTPARK, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VASTPARK OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
VASTPARK FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
SUBJECT TO EXCLUSIONS OUTLINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT VASTPARK, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH VASTPARK MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE VASTPARK WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON VASTPARK'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT VASTPARK HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
It is VastPark's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
17. Advertisements
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by VastPark on the Services are subject to change without specific notice to you.
In consideration for VastPark granting you access to and use of the Services, you agree that VastPark may place such advertising on the Services.
18. Other content
The Services may include hyperlinks to other web sites or content or resources. VastPark may have no control over any web sites or resources which are provided by companies or persons other than VastPark.
You acknowledge and agree that VastPark is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that VastPark is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
VastPark may make changes to the Terms from time to time. When these changes are made, VastPark will make a new copy of the Terms available via a link on http://www.vastpark.com and from within, or through, the affected Services.
You understand and agree that if you use the Services after the date on which the Terms have changed, VastPark will treat your use as acceptance of the updated Terms.
20. General legal terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. The Terms constitute the whole legal agreement between you and VastPark and govern your use of the Services (but excluding any services which VastPark may provide to you under a separate written agreement), and completely replace any prior agreements between you and VastPark in relation to the Services. You agree that VastPark may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You agree that if VastPark does not exercise or enforce any legal right or remedy which is contained in the Terms (or which VastPark has the benefit of under any applicable law), this will not be taken to be a formal waiver of VastPark's rights and that those rights or remedies will still be available to VastPark. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that each member of the group of companies of which VastPark is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. The Terms, and your relationship with VastPark under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, CA. Notwithstanding this, you agree that VastPark shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.