Terms of Use
Last updated: 03-12-2021.
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Welcome to the SecondLive community and for using the services we provide!
The SecondLive acting for the benefit of the SecondLive community as a whole, holds the intellectual property rights over, and makes available, including but not limited to: the Secondlive Client, the Marketplace (https://secondlive.world, hereinafter referred to as "Site"), the Builder, the Blog, Events, Forum, the Space, the Developers’ Hub, the Rewards tool which, with any other features, tools and/or materials made available from time to time by us, are referred to herein as the "Tools".
This User Agreement (hereinafter referred to as "Agreement") is made between you and SecondLive, before you (or "user") access to and use of this website and the services provided by us, make sure that you have read and understood the terms of this Agreement, especially the terms that exempt or limit your liability, jurisdiction and governing law. As a condition, you have clicked "Agree to this Agreement and Make a Register" or use the services in any other way, it means that you have read this Agreement and agreed to be bound by this Agreement. If you do not agree to be bound by this Agreement or any of the terms of this Agreement, then you may not access the NEXT STEP and stop to register an account. Your accept of this Agreement shall be deemed as you have read and agreed to all the terms of this Agreement, then you promise to be fully bound by this Agreement.
SecondLive have no continuing obligation to operate the Site and services and may cease to operate one or more of the Tools in the future, at its exclusive discretion, with no liability whatsoever in connection thereto.
If you are a minor, please be accompanied by a legal guardian to read carefully and fully understand this Agreement. Please use the Service only after obtaining the consent of your legal guardian.
PREMISE OF SERVICE
This Agreement is a valid and binding contract between you and SecondLive.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.You further represent that you are otherwise legally permitted to use the Tools in your jurisdiction including owning cryptographic tokens, and interacting with the Site, Tools or Content in any way. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that SecondLive is not liable for your compliance or failure to comply with such laws. You further represent and warrant that all funds or assets used by you have been lawfully obtained by you in compliance with all applicable laws.
The Tools and Services are provided on an "as is" and "as available" basis and may contain defects and software bugs. You are advised to safeguard important data, property and content, to use caution, and not to rely in any way on the correct or secure functionality or performance of the Tools.
You shall ensure the authenticity and validity of the personal/institution information provided in the process of using the Service and update the personal/institution information upon our requests if you keep using our Service. If any personal/institution information provided by you is incorrect, incomplete, or invalid, we shall have the right to suspend or terminate the provision of this Service to you or restrict you from using part of or all functions of this Service.
We shall have the right to alernate this Agreement unilaterally at any time. Once any amendment to the content hereof, we will make an announcement or notice by any one or more of the following means: by webpage announcement, e-mail, in-station messages, and other methods. If you continue to use the Service after the relevant content hereof has been amended, you shall be deemed as having fully read, understood and accepted the amended content hereof and will comply with the amended content hereof. If you don't agree to the amendment hereof, you shall cease to using the Service immediately.
In the process of using the Service, you may also be required to confirm and agree to the service terms that correspond to specific products or services. Please carefully read and fully understand the content of the terms and covenants of this Agreement, and decide whether to accept the terms or not accordingly.
Service Content
Access to the Tools is provided via a third party private key manager selected by you (e.g., a Web3 Provider, Metamask, a USB interface for Ledger Wallet, the Mist browser, or other). Security and secure access to each account in the Tools is provided solely by the third party private key manager you select to administer your private key. You and the third party private key manager you select are entirely responsible for security related to access of the Tools and all information provided by you to such third party provider (including without limitation, email or phone number). We bears no responsibility for any breach of security or unauthorized access to your account (the "Account"). You are advised to: (a) avoid any use of the same password with your selected third party private key manager that you have ever used outside of the third party private key manager; and (b) keep your password and any related secret information secure and confidential and do not share them with anyone else.
We grants you a personal, non-free, non-transferable, revocable, and non-exclusive right to use the Service. All other rights, which are not expressly authorized by this Agreement, shall be reserved by the SecondLive. You shall ensure that you have obtained the written consent of SecondLive before exercising aforesaid rights, and the SecondLive's failure to exercise any of the aforesaid rights shall not constitute a waiver of such rights.
If you elect to purchase, trade, or sell a space, or other non-fungible token ("NFT") with or from other users via the Tools, any financial transaction that you engage in will be conducted solely through the blockchain network, Layer 2 solutions or other sidechains via Web3 providers. We will have no insight into or control over these payments or transactions, nor does it have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Tools, or any other transactions that you conduct via the blockchain network, and other networks, sidechains, Layer 2 solutions or Web3 providers.
Blockchain requires the payment of a transaction fee (a "Gas Fee") for every transaction that occurs on the blockchain network. The Gas Fee funds the network of computers that run the decentralized blockchain network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Tools. You accept that the payment of the Gas Fee is inherent to the nature of the blockchain network and alien to SecondLive or due to the use of the Tools.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes that may apply on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your use of the Tools (including, without limitation, any Taxes that may become payable as the result of your ownership, or transfer of any NFT and any activity conducted by you in SecondLive). Except for income taxes levied on the Site, you: (i) will pay or reimburse SecondLive for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to SecondLive pursuant to these Terms.
Transactions that take place using the Tools are confirmed and managed via the blockchain . You understand that your blockchain public address will be made publicly visible whenever you engage in a transaction using the Tools.
If you reside in a jurisdiction where the Site and Services is banned (such as the United States of America, China mainland and South Korea) you must refrain from accessing Content which includes the Site and Services.
Account Administration Rules
You are solely responsible for all activities conducted through your Account whether or not you authorize the activity. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, We may suspend or block your Account (or Accounts) according to this Agreement.
You are solely responsible for maintaining the confidentiality of your password and for restricting access to your devices. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your password or from any person's use of your password to gain access to your Account. You acknowledge that in the event of any unauthorized use of or access to your Account, password or other breach of security, you accept that due to the nature of the Tools and the platform itself, we will be unable to remedy any issues that arise.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations, or for any reason whatsoever, except fraud on our part.We cannot and will not be liable for any loss or damage arising from your sharing or other loss of your private key or related information, or any other damage or loss arising from unauthorized access to your Account.
The ownership of your account belongs to SecondLive and you only have the right to use it. Please note that your account should be for your personal use only and it is prohibited to give, lend, lease, transfer, sell or otherwise license the account to others in any form without the prior written consent of SecondLive. If the number of devices activated by your account reaches the upper limit, or if SecondLive discovers or has reasonable grounds to believe that the User is not the original registrant of the account, SecondLive has the right to suspend or terminate the provision of the Service to the registered account and cancel the account without notifying you.
You understand and agree that in order for SecondLive to provide you with better service, you shall accurately provide and timely update your account information and ensure that such information is true, valid, complete, and accurate. If we has reasonable grounds to suspect that the personal information and related information you submitted is false, untrue, outdated, or incomplete, SecondLive shall have the right to require you to make corrections or furnish supplementary materials, or suspend or terminate the provision of part or all of the Services as required.
In order to comply with the relevant laws and regulations and to protect the security of your account, we may verify the identity of the Users. If a User fails to complete the verifications or refuses to do so, we may suspect that your account exists a security risk, and we shall have the right to suspend the provision of the Service and take further measures.
Your acts in the process of using the Service shall be lawful. You shall be responsible for behaviors you conduct under your account, including anything you publish and any result caused thereby. You shall make your own judgment on the content thereof and bear all the risks arising from the use of such content. We shall not be liable for any losses or damages caused by the behaviors of the Users.
You shall properly keep your account, password, identity information, mobile phone verification number, and other information properly. You shall bear all the losses caused by the leakage of your password or identity information due to your own reason.
If you find that any person or entity is using your account and password without your permission, you shall notify us immediately. We will assist you in freezing your account, changing your password or making other security measures. You understand that it takes a reasonable period of time for SecondLive to act on your request, and until then, we shall not be liable for the consequences (including but not limited to any losses) accrued and incurred before such actions.
Your Account (in all or part of your rights or functions) may be suspended under the following circumstances:
For the purpose of the operation and safety of the Service, if you try to interfere with the fair environment or the order of SecondLive and its affiliates; Any use of the name, trademark, signal, or brand of SecondLive and its affiliates which is misleading to others, or the use of English and Chinese description(full or short names), numbers, domain names, etc. with the intention of indicating having any kind of connection with SecondLive or its affiliates;
Violating the terms hereof, the relevant rules or agreements of SecondLive, management rules and other regulations;
SecondLive finding that there is any abnormality behavior of your account on reasonable grounds;
Violating of any law, regulation, policy or legal instrument.
Code of Conduct of Users
You shall use the Service in accordance with the relevant terms hereof.
You shall be responsible for your use of the Service and the Site and you shall not do any of the following acts while using the Service:
Using any plug-in, system, or third-party tools which are not authorized or licensed by SecondLive to interfere with, disrupt, modify or otherwise affect the normal operation of the Service;
Donating, lending, leasing, transferring, selling or otherwise licensing others to use the account in any form;
Reversing engineering or obtain the source code of the Service in any other form;
Using the Service to engage in any activities endangering computer network security, including but not limited to: illegal intrusion into the network, interference with normal network functions, stealing network data and other activities endangering network security; Provide programs and tools specially used for intruding into the network, interfering with the normal functions and protective measures of the network, stealing network data and other activities endangering network security; Providing technical support for others who knowingly engage in activities endangering network security;
Misusing the Service, including but not limited to infringement of others' intellectual properties or legitimate rights and interests by taking advantage of the Service;
Or other acts in violation of laws, regulations, this Agreement and relevant rules of SecondLive.
You may not use the Service to infringe upon the legitimate rights and interests of others; otherwise, we have the right to refuse to provide the Service, and you shall bear all relevant legal liabilities. If SecondLive or other parties suffer damage as a result, you shall be liable for compensation. The aforesaid acts include but are not limited to:
Infringing upon the lawful rights and interests of others such as the right of reputation, right of privacy, trade secret, trademark, copyright and patent right;
Divulging state secrets, endangering state security or damaging the honor and interests of the state;
Inciting ethnic hatred or discrimination, undermining ethnic unity or infringing upon ethnic customs and habits;
Sabotaging state religious policies, or propagating heresy or superstition;
Disseminating rumors, disturbing the social order or destroying the social stability;
Propagating obscenity, gambling or violence, or instigating crimes;
Insulting or defaming others, implementing the activities of fraud, hypocrisy, untruthfulness or misleading, or infringing the lawful rights and interests of others by taking advantage of the Service;
Any other conduct which we may reasonably consider improper;
Other contents prohibited by laws, administrative regulations and policies.
You understand and agree that if you breach any of the above provisions, we shall have the right, in its sole discretion, to immediately suspend or terminate the provision of part or all of the Services and take further measures, and you shall bear all your own losses and all legal liabilities.
Protection of Users' Personal Information
Your trust is very important to us. We understand the importance of the security of Users' personal information. So we shall take security protection measures to keep the Users' personal information safe and controllable in accordance with the laws and regulations. Please refer to SecondLive Privacy Policy for details.
You agree to abide by applicable laws and regulations in relation to the collection and protection of your end-user data in the place where you are located and ensure that you use the Service in compliance with laws and industry standards.
Intellectual Property Right
The intellectual property rights of the products and/or services hereunder are all owned by SecondLive and its affiliates, and SecondLive has the right to enter into this Agreement with you.
All diagrams, logos, web page headers, button icons, text and service names contained or provided by the Service are trademarks, registered trademarks or trade appearances of SecondLive. These trademarks or trade looks may not be used on any product or service not associated with the Services in any manner likely to cause consumer confusion or in any manner that defame or defame SecondLive. Nothing on the Service shall be construed as granting, by tacit consent or otherwise, the right to license or use the trademarks appearing on the Service without the written permission of SecondLive.
Your work based on the service completed and contain the intellectual property rights owned by you, and you promise to finish the work and related material, the information such as company name, trade name, logo, SecondLive shall have the right to show in the marketing and use, you are hereby granted SecondLive a global, permanent, irrevocable, free, not authorized by the exclusive right to use and turn right.
Our licensing under this Agreement does not constitute a sale or transfer of any intellectual property rights.Except as expressly authorized in this Agreement, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create Derivative Works based on the Site and the Tools, in whole or in part. The SecondLive 's exclusive ownership shall include all elements of the Site and Tools, and all Intellectual Property Rights therein.
You may choose to submit comments, bug reports, ideas or other feedback about the Site or the Services, including without limitation about how to improve the Tools (collectively, "Feedback"). By submitting any Feedback, you agree that SecondLive is free to use such Feedback at the SecondLive’s discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise.
Ownership and management of SPACE, Non-fungible tokens (NTFs) and Content created by users:
SPACE: All title and ownership rights over each piece of SPACE lies with its owner. Each SPACE owner decides the Content to be included in the SPACE and may impose its own terms and conditions and policies. In the case of Districts, the relationship between the District and District participants - in any capacity - is exclusively governed by the applicable plan approved by each community. You are advised to review any such terms, conditions and policies before entering into transactions in any SPACE. SecondLive does not control the Content of each SPACE parcel and does not assume any liability or obligation in connection thereto. All Content uploaded to SPACE must comply with the Content Policy.
NFTs: All title, ownership and Intellectual Property Rights over NFTs, including without limitation, Wearables, belong to the creator of the NFT. Transactions for the sale of NFT through the Marketplace will convey said title, ownership and Intellectual Property Rights to the purchaser. To the fullest extent possible, the creator will waive any moral rights over the NFTs upon transfer to third parties.
LIMITATION OF LIABILITY
We shall only be liable for the scope of liability expressly set forth in this Agreement. We do not assume any liability for the loss of third parties, your end-users, who provide services indirectly through SecondLive.
You understand and agree that you shall be liable for any third-party claims arising out of your use of the Services, breach of the terms of this Agreement, or any action taken under your account. If SecondLive and its affiliates, employees, customers and partners are claimed by third parties as a result of this, you shall be responsible for the settlement and indemnify SecondLive and its affiliates for all losses incurred thereby.
While using the Service, you are abided by the local laws, shall not harm the network security, and shall not use the service in that infringes on another person reputation, privacy, intellectual property and other lawful rights and interests of the activity, we don't you use this service the violation or breach of any responsibility, all the resulting liability shall be borne by you.
You shall release and indemnify, defend and hold harmless the SecondLive, and its officers, directors, employees and representatives from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Tools or the Site, your violation of these Terms of Use, and any of your acts or omissions. We reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with SecondLive in the defense of such matter.
You acknowledge and agree that your use of the servises and the Site is at your sole risk. The Tools and the Site are provided on an "ASIS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge and agree that we has no obligation to take any action regarding: which users gain access to or use the Tools; what effects the Tools may have on you; the SPACE you own; how you may interpret or use the Tools; or what actions you may take or fail to take as a result of having been exposed to the Tools. You release SecondLive from all liability for your inability to access to the Site, Tools or any Content therein.
If you will use the Services hereunder, you will obtain the products or services from a third party, you may also be subject to such third party's agreements. This Agreement shall not affect your legal relationship with such third party. The products or services provided by a third party hereunder shall be the responsibility of such third party. Any liability caused thereby shall not be the responsibility of SecondLive.
If you are required to comply with local laws and regulations due to specific business reasons when using the Service, you are required to comply with relevant local regulations. You shall be solely responsible for the loss caused to you by your failure to comply with the relevant provisions, and you shall be responsible for the loss caused to SecondLive as a result (if any).
If the Service is interrupted or delayed due to force majeure events such as natural disasters, wars, strikes, government actions, judicial administrative orders, hacker attacks, communication network failures, website upgrades and other factors, SecondLive shall not be liable for any damages.
To ensure the security and consistency of the service, we may update the Service. You should upgrade to the latest version in time. If you do not update to the latest version in time, we do not guarantee that you can use the Service normally.
By utilizing the Tools, the Site or interacting with the Tools or platform or anything contained or provided therein in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage, risks, potential bugs based on novel technology (where applicable), and intricacies of native cryptographic tokens, like Ether (ETH) and Bitcoin (BTC), smart contract based tokens such as those that follow the blockchain Token Standard.
You acknowledge and agree that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts, cryptocurrencies and the Tools, which could result in the theft or loss of your cryptographic tokens or property, among other potential consequences. By using the Tools you acknowledge and agree to undertake these risks.
Some Tools allow the use of BNB, ETH or other similar blockchain technologies. You acknowledge and agree that BNB, ETH and blockchain technologies and associated assets, and other assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the blockchain. We does not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any crypto asset. Third parties may provide services involving the acquisition, purchase, sale, transfer or exchange of crypto-assets; we does not provide any such service and does not undertake any liability in connection thereto. You acknowledge and agree these risks and represent that we cannot be held liable for changes and fluctuations in value or increased costs.
There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the blockchain network or any sidechain or similar device for processing transactions, however caused.
You acknowledge and agree that the Site, the Tools and related applications are software code and are subject to flaws and acknowledge that you are solely responsible for evaluating any smart contract, code provided by the Site, Tools or Content and the trustworthiness of any third-party websites, products, smart-contracts, or Content you access or use through the Tools. You further expressly acknowledge and agree that blockchain applications can be written maliciously or negligently, that we cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by SecondLive in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Tools or the Site.
Upgrades by Ethereum,BSC etc, to the platform, a hard fork in the blockchain platform, or a change in how transactions are confirmed on the blockchain platform may have unintended, adverse effects on all blockchains standard, or any other future blockchain standard.
Modification, Release or Suspension of Services
Due to the rapid development of the Internet industry and the perfection of legislation, the provisions of the existing cannot guarantee completely meet the needs of future development, we may from time to time to revise the terms of this Agreement and/or services in the SecondLive rules, then we will inform You with website announcement, E-mail, message or other means. When necessary, we may require your further certification. The revised version will automatically replace the previous version. Please keep your attention to the terms of the SecondLive. If you do not agree with all or part of this Agreement as amended from time to time, you shall immediately cease to use the Service. If you continue to use the Service after such revision or amendment, you would be considered as having fully read, understood and accepted the amended content and agree to be bound by the amended Agreement.
We may terminate services under the following circumstances:
We may unilaterally change, suspend, terminate or withdraw all or part of the Services from time to time as required by our business development;
In the event of mergers, division, acquisition or asset transfer, we may transfer the relevant assets under the Service to a third party; We may also, upon unilateral notice to you, transfer some or all of the Services hereunder to a third party for operation or performance. The specific transferee subject shall be subject to our notification;
If you violate this Agreement, the Privacy Policy or SecondLive Rules of Service, we may suspend or terminate our services to you.
After the termination of this Agreement, we then have no obligation to disclose any information in your account to you or your designated third party, except as may be expressly provided by law. We shall have the following rights upon termination of this Agreement:
We may delete your personal information or make it anonymous following the requirements of applicable laws. We may also continue to preserve other content and information you leave on our platform for the time and manner stipulated by law.
For your breach of contract before the contract is terminated, we may still hold you liable for the breach of contract in accordance with this Agreement.
LIABILITY FOR BREACH OF CONTRACT AND INDEMNITY
Please respect the ownership and intellectual property rights of us and any third parties. If we have reasonable evidence to prove your infringement, we shall have the right to claim liability.At the same time, you shall indemnify us in full for all losses incurred by us as a result of your infringement, including but not limited to arbitration fees, legal costs, attorney's fees, travel expenses and all reasonable expenses incurred by us as a result.
If you are reported or complained about by another User, or we have reasonable evidence to find that you are suspected of violating the relevant laws and regulations, the provisions of this Agreement, Privacy Policy and other rules and regulations of SecondLive, we have the right to review the relevant content at any time without further notice (including but not limited to reviewing all the User's information and materials), delete, block, and impose punishments on the offending account (including but not limited to warning, restricting or prohibiting the use of part or all functions, blocking or even canceling the account). We have the right (but no obligation) to announce the results of handling and notify the public security authority and other authorities if necessary.
You understand and agree that we have the right to punish the violation of relevant laws and regulations or this Agreement based on our reasonable judgment, to take appropriate legal action against any User who has violated the laws and regulations, and to keep the relevant information in accordance with the laws and regulations, and to report the same to the relevant authorities. You shall bear all legal liabilities arising therefrom.
You shall be fully liable for any claims, losses, damages, liabilities, costs and expenses (including but not limited to attorneys' fees) suffered by us or any third parties caused by your breach of contract, tort or illegal behavior. We may, without limitation, suspend your Account, block any infringing Content and adopt any other action deemed necessary to prevent future breaches, in addition to any other party/or any User may have at law or in equity.
Unless otherwise mandatory by law, our indemnification of Users shall be limited to direct losses and shall not cover indirect losses, incidental losses, special losses, consequential losses, punitive losses, loss of goodwill, or loss of profit, etc.
Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution. The parties shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration. If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.
Specifically, any dispute that is not resolved under the Initial Dispute Resolution provision shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce. The following shall apply in respect of such arbitration: (i) the number of arbitrators shall be three (one nominated by each party and one nominated by the ICC); (ii) the decision of the arbitrators will be binding and enforceable against the parties and a judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction thereto (provided that in no event will the arbitrator have the authority to make any award that provides for punitive or exemplary damages or to award damages excluded by these Terms or in excess of the limitations contained in these Terms); (iii) the seat, or legal place, of arbitration shall be the City of Panama, Panama; and (iv) the language to be used in the arbitral proceedings shall be English, any documents submitted as evidence that are in another language must be accompanied by an English translation and the award will be in the English language. Claimants and respondents shall bear its or their own costs of the arbitration, including attorney's fees, and share equally the arbitrators' fees and ICC's administrative costs. For purposes of cost sharing, all claimants shall be considered one party and all respondents shall be considered one party. The parties shall maintain strict confidentiality with respect to all aspects of any arbitration commenced pursuant to these Terms and shall not disclose the fact, conduct or outcome of the arbitration to any non-parties or non-participants, except to the extent required by applicable Law or to the extent necessary to recognize, confirm or enforce the final award or decision in the arbitration, without the prior written consent of all parties to the arbitration.
Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU ANDSECONDLIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Intellectual Property and Small Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its Intellectual Property Rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: [email protected]. Your notice must be sent within 30 days of your first use of the Tools, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, SecondLive also will not be bound by them.
Changes to this Section. We will provide 60-days' notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
These Terms and the relationship between you and us shall be governed by the laws of Panama, without regard to conflict of law provisions.
For any dispute not subject to arbitration you and we agree to submit to the exclusive jurisdiction of the courts with seat in the city of Panama, Panama. You further agree to accept service of process by mail, and hereby waive any all jurisdictional and venue defenses otherwise available.
Miscellaneous
This Agreement shall constitute the entire agreement between the Parties with respect to the matters hereof and other relevant matters, and is not granted any other rights to the parties except as expressly set forth herein.
If any provision of this Agreement is completely or partially invalid or unenforceable for any reason whatsoever, the validity and enforceability of other provisions of this Agreement shall not be affected.
This Agreement shall take effect from the date of publication and shall constitute the understanding between you and SecondLive. Failure on the part of SecondLive to exercise, or to exercise in a timely manner or to fully exercise, any of the rights enjoyed by SecondLive under this Agreement or in accordance with law shall not be deemed as a waiver of such rights, nor shall it affect SecondLive 's exercise of such rights in the future.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
We shall have the right to interpret this Agreement to the fullest extent permitted by law.
Users may contact SecondLive through the following customer service contact information of SecondLive or other officially published contact information such as mailing address, fax number, email address, etc.
Contact email: [email protected]
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