Twinity Terms of Service
Twinity is a virtual environment unlike any other. So before you enter, please take a couple of minutes and read these Terms of Service. This will help you to better understand Twinity and to learn what you can and what you cannot expect.
Twinity is provided to its members by Metaversum GmbH (hereinafter referred to as “Metaversum”) subject to these Terms of Service including all policies linked to from these Terms of Service. An overview of those policies is provided in Sect. 23 with a corresponding hyperlink. Terms and Conditions of the members do not become part of the contract unless Metaversum GmbH has accepted them in written form. Questions which can arise regarding the internet connection, the connection with Twinity, or third party software (browser, operating system, drivers etc.) are not the subject matter of these Terms of Service, as these are not provided by Metaversum GmbH.
Beta warning: Please note that Twinity currently is in a beta phase. This means that Twinity is not a finished product. The beta phase serves the purpose to test and enhance Twinity and its features with your help. Do not expect that all features will stay as they currently are. Be also prepared that any content you create during the beta phase might be lost, once Twinity goes life, i.e. once the beta phase ends.
At a glance
§1 Introduction to Twinity and basic terminology
1.1 Twinity is a 3D virtual environment with related 2D services. It is a simulated space accessible for and inhabited by real persons who have signed up for Twinity, the Twinity members, represented by their avatars.
1.2 Twinity is, to a great extent, shaped by the Twinity members, their actions, works, communications and desires.
1.3 Twinity's indoor places such as clubs, shops and other commercial places or private apartments are private places of the Twinity member who is their respective Real Estate Owner, provided in a basic form by Metaversum, modified by the Real Estate Owner. The Real Estate Owner may restrict access to his indoor places.
1.4 At launch, Twinity will have no or very few outdoor places. Outdoor places are intended for introduction at a later stage. Twinity's outdoor places will generally be inspired by real-world locations and will generally be public, i.e. open for all Twinity members. Outdoor places may be but are not necessarily accurate and true to the originals.
1.5 Twinity's 3D virtual environment is simulated by the Twinity technology, software installed locally by the Twinity member * as well as servers and software which run on these servers at Metaversum *(Twinity servers).
1.6 Twinity's content is everything you see or hear in Twinity, such as indoor places, outdoor places, items, or communication.
1.7 Basic Membership in Twinity is free and for non-commercial purposes only. Some services, actions or features may only be available as special features, for which you have to pay. You expressly acknowledge that any commercial activity requires a Commercial Membership. The Commercial Membership governs and admits the commercial use of Twinity. Metaversum therefore assumes that the holder of a Commercial Membership is not a consumer.
§2 Who is Metaversum, and what do we do?
2.1 Metaversum is the creator of Twinity and the provider of the Twinity technology and related services.
2.2 Twinity members enjoy a high level of freedom in their action (see Sect. 3 for limitations of this freedom). You may be exposed to content or actions you may find offensive, or objectionable. Metaversum does not generally control, regulate or pre-screen content made available by Twinity members or the actions performed by the Twinity members. Therefore, Metaversum has very limited control over the quality, accuracy, morality, legality of various aspects of Twinity. Metaversum may, however, take appropriate action against Twinity members who disturb Twinity, especially by not respecting their obligations (see § 3).
2.3 Metaversum may, without prior notice, change aspects of Twinity to the extent as determined in Sect. 7, insert content or delete content originally inserted by Metaversum to the extent as determined in Sect. 7. In certain cases, Metaversum may have to delete content inserted by Twinity members without prior notice, especially content which is contrary to Sect. 3.
2.4 Metaversum is not a party to your agreement with any party that provides software, products or services to you in connection with Twinity.
§3 You and Twinity
3.1 In order to have access to Twinity, you must sign up for Twinity and become a Twinity member. Some elements of Twinity, especially 2D services related to Twinity, may be available to the general public without requiring you to sign up.
3.2 You have to be of legal age in your country of residence to become a Twinity member. By signing-up you expressly declare that you are of legal age in your country of residence. Legal entities cannot sign up for the Basic Membership and the Premium Membership but have to become commercial members.
3.3 You acknowledge and agree that you are solely responsible for all your actions in or related to Twinity, especially as a Twinity member. You are always required to respect all applicable legal rules, including statutory law and these Terms of Service. Please consult the list of content and actions which are generally illegal which gives some examples.
3.4 You agree to follow the Rules communicated to the Twinity members by Metaversum.
3.5 In outdoor places and all other public places, your actions must not be indecent, offensive, or immoral by the standards of your place of residence or by the standards of the real world place which is simulated, such as the standards of public safety and of public order. For example, if your place of residence is New York, and your avatar is in a part of Twinity simulating Berlin, you have to respect the standards and laws of both New York and Berlin. Please consult the list of content and actions which are generally not acceptable (Sect. 15.6) which gives some examples.
3.6 In indoor places and all other private places, your actions must not be contrary to the rules provided by the respective Real Estate Owner. The obligations provided in Sect. 3.3 remain unaffected.
3.7 You will refrain from any other activity which is an obstacle to Twinity, or to an enjoyable Twinity experience, and follow the instructions of Metaversum, its employees, assistants and vicarious agents, including administrators and moderators of Twinity and its forums.
3.8 You acknowledge and agree to only access Twinity through the Twinity client or the 2D web interface provided by Metaversum.
3.9 You shall comply with all your other obligations under these Terms of Service (see especially Sect. 11).
§4 Twinity key elements
4.1 You can purchase an indoor place, and other items, from Metaversum. Items in Twinity may decay. Please refer to the respective items description.
4.2 In order to become a Real Estate Owner, you have to purchase an indoor place from Metaversum or another Twinity member. Please refer to the Indoor Place Requirements page to see if you are eligible to become a Real Estate Owner.
4.3 You acknowledge and agree that Metaversum may have to remove your indoor place from you, especially in the event that a third party claims prior rights. A removal will however only occur, if the third party gives reasonable evidence of its prior rights. In this event, Metaversum will suggest you an adequate alternative and equivalent indoor place at no cost, or reimburse you at your choice. Any termination right provided in these Terms of Services remain unaffected.
4.4 The Real Estate Owner is responsible for all content and other action within his indoor place. He can enforce his own rules.
4.5 Globals are a feature of Twinity simulating an inworld currency, but not a real currency. Metaversum may sell globals, but is not obliged to redeem globals for real currency or any other monetary value. The possibilities to trade globals may be or become restricted to premium members or open for all Twinity members in Metaversum's sole discretion.
4.6 Metaversum may offer services which help you selling globals to other Twinity members for real money. Special terms may apply for such service. Metaversum decides in its sole discretion whether to maintain, discontinue or modify such service.
4.7 Do not rely on the value of globals. While Metaversum considers an “inworld economy” an exciting part of Twinity, inworld economies of virtual worlds are in an early stage. Metaversum may, therefore, modify the economic system. New findings about economic mechanisms within Twinity, new legal framework, or other events within or outside Twinity are likely to make Metaversum modify economic parameters. Metaversum may decide in its sole discretion which amount of globals (if any) new Twinity members receive upon registration, or the price for which globals can be bought from Metaversum.
4.8 When transferring items from an indoor place to an outdoor place, please note that different rules may apply (see Sect. 3).
4.9 Indoor places, globals, and other items in Twinity are not “goods”, “property” or “real estate” as defined by law. In case you are “buying” indoor places (and are referred to being a “Real Estate Owner”), globals, or other items, you do not become the owner as defined by law, but the seller grants you a limited license, subject especially to these Terms and Conditions, irrespective of the terminology used. Notwithstanding any other stipulations and rights of Metaversum, such license ends when the contract between you and Metaversum ends, especially upon termination. Your indoor places, globals, and other items forfeit, unless otherwise provided hereinafter.
4.10 Metaversum may offer the option to have your identity authenticated. Authenticated avatars will be highlighted as such. Please refer to the dedicated authentication page to see which measures ensure authentication. Metaversum would like to point out that such authentication can never exclude manipulations and discourages all Twinity members from relying on such authentication in important matters.
4.11 Notwithstanding any other language or context to the contrary, as used in these Terms of Service and throughout Twinity in the context of the transfer of globals, items or other content, the term “sell” means “to transfer for consideration to another Twinity member the licensed right to use globals, items or other content in accordance with these Terms of Service, the term “buy” means “to receive for consideration from another Twinity member the licensed right to use globals, items, or other content in accordance with these Terms of Service” and the term “owner” means “to hold for consideration from Metaversum (directly or through another Twinity member) the licensed right to exercise the rights ascribed to an “own” in these Terms of Service, subject to these Terms of Service and all limitations contained therein, including but not limited to Metaversum's right to terminate such license according to these Terms of Service”. The terms “buyer,” “seller”, “owner”, “sale” and “purchase” and similar terms have corresponding meanings.
§5 Signing up
5.1 You can only become a Twinity member by signing up for an account. An account can be created on www.twinity.com.
5.2 Signing up, i.e. applying for an account, requires you to fill in a registration form and to submit various information.
5.3 By filling in the registration form for the account, you submit a binding offer to enter into a contract over the usage of Twinity (the Member Offer). All fields of the registration form which are marked as being “required” have to be filled in. Any statement you submit through the registration form must be complete and correct.
5.4 The contract between you and Metaversum is concluded when Metaversum accepts the Member Offer, either by declaring acceptance explicitly, otherwise by commencing to fulfil.
5.5 Metaversum will promptly confirm the reception of the Member Offer by e-mail sent to the e-mail address submitted by the member. This confirmation is not a binding acceptance of the Member Offer. The confirmation can, however, be sent together with such acceptance.
5.6 You become a Twinity member once Metaversum has accepted your Member Offer and created an account for you. Metaversum can decide in its sole discretion whether or not to accept your Member Offer and to create an account for you.
5.7 An individual may create several accounts. Accounts held by the same individual must not communicate or interact with one another (prohibition of pushing). It is especially prohibited to use one account to give advantages to another account held by the same individual, for example by transferring items, assets, or inworld currency (globals) from one account to another account or to rate or recommend one account with another account held by the same individual.
5.8 Once your account has been created, you may participate in Twinity by launching the Twinity client and logging in.
Instruction on your Right to Withdraw:
You can withdraw the Member Offer as well as the purchase of a Premium Membership or special features in text form (e.g. letter, telefax, e-mail) within two weeks (Time Limit). You do not have to give any explanation for this. The Time Limit starts when you have received this instruction on your right to withdraw in written form, but not before the conclusion of the contract and not before Metaversum has fulfilled its informational obligations under Sect. 312c (2) 1 BGB, Sect. 1 (1), (2), (4) BGB-InfoV as well as its obligations under Sect. 312e (1) 1 BGB, Sect. (3) BGB-InfoV. It is sufficient to send the withdrawal within the Time Limit. The withdrawal has to be addressed to:
- Metaversum GmbH
- Rungestrasse 20
- D-10179 Berlin (Germany)
- Phone: +49 (0) 30 847 12 25 0
- Fax: +49 (0) 30 847 12 25 29
- E-mail: email@example.com
When withdrawing via e-mail, your name as well as the words withdrawal or Widerruf have to figure in the subject line. The right to withdraw ends premature in case Metaversum has started to deliver the service with your explicit consent before the expiration of the Time Limit, or if you have initiated yourself the delivery of the service. This is to be assumed if you have used Twinity. In case of a valid withdrawal, both parties have to give back the services they have received and to restitute the benefits based on the use of the other party, along with usage, if applicable. If you are not able to give back completely the services or if you can only give them back in part or only in deteriorated condition, you are obliged to pay compensation to this extent, as the case may be. This means that payments may not be completely reimbursed if you have enjoyed benefits based on the use of the services before the notice of withdrawal. End of instruction on your Right to Withdraw
§6 Access to Twinity through the Twinity client; auto update
6.1 Twinity may only be used through the Twinity client or with tools specifically provided or approved by Metaversum (“prohibition of non-authorized scripts”). It is strictly prohibited to alter or modify the Twinity client, as any such action potentially interferes with Twinity and may severely affect other Twinity members. It is also prohibited to decompile or reverse engineer the Twinity client without Metaversum's prior consent. If you feel you have the right to decompile the Twinity client in order to exercise your rights under statutory law or these Terms of Service, please contact Metaversum.
6.2 You are not allowed to use programs which might cause an excessive load on the Twinity server. Software which systematically or automatically performs commands or functions within Twinity (such as bots or macros) as well as software which may be used to reproduce or analyze Twinity, elements of Twinity or any Twinity content (save for the respective Twinity member's own content), is prohibited.
6.3 The Twinity client may be updated from time to time by automatically connecting to a peer-to-peer updating service. You acknowledge and agree that you have to enable such auto-update in order to continue to use Twinity.
6.4 Metaversum is not responsible for any software used with or in connection with Twinity other than the Twinity technology.
§7 Technical and commercial limitations; changes; availability
7.1 Unless otherwise provided for in these Terms of Service, Twinity is offered to you on an “AS IS” and “AS AVAILABLE” basis.
7.2 Metaversum offers the Twinity members to participate in Twinity over the Internet subject to technical and commercial limitations as defined below.
7.3 Technical and other requirements for Twinity (Specifications) are outlined on the Twinity website. As several hardware and software components which may affect the functioning of Twinity, such as the setup and configuration of the operation system or hardware drivers, are numerous and subject to change beyond Metaversum's knowledge or control, such Specifications cannot be accurate and complete at all times. You should never rely on the Specifications as listed on the website when purchasing new software or hardware. When in doubt you may seek prior advice in Twinity compatibility in Twinity's forums, by asking Twinity members who are using the same component, or by contacting such component's manufacturer or retailer. Metaversum does not assume any liability for such third party advice. Metaversum will use commercially reasonable efforts to answer specific questions with regard to compatibility.
7.4 Twinity changes every day. Twinity members constantly add, delete or modify content. Metaversum may update, adapt, extend and change Twinity at any time, aiming to maintain an enjoyable experience for a maximum of Twinity members, but in its sole discretion and without prior notice. Therefore, you are granted a right of use only for the then current version. Content which you have purchased from Metaversum, such as indoor places, will not be deleted (save for cases listed in Sect. 4.2).
7.5 Metaversum reserves its right to cease operation of Twinity at any time, without giving reasons or prior notice. If you have made payments in advance (for example in order to become a premium member), you will be reimbursed. Any other claims are excluded unless otherwise provided for in these Terms of Service.
7.6 Metaversum undertakes to assure an availability of Twinity of 90 % (ninety percent) as a yearly average. Periods during which the Twinity servers are not available over the internet because of technical or other problems outside Metaversum's influence (such as force majeure or third party's fault) and periods during which routine maintenance works are carried out are excluded from this. Metaversum may restrict access to Twinity if required for network security, maintenance of network integrity, the prevention of severe malfunction of the network, the software or stored data.
§8 Access to these Terms of Service; changes and further notices; contacting you
8.1 By submitting the Member Offer and using Twinity, you accept these Terms of Service as binding. Each log-in to Twinity is subject to these Terms of Service. The Terms of Service can be printed or saved on storage media before sending the Member Offer.
8.2 You acknowledge and agree that Metaversum may make changes of the Terms of Service (including amendments) at any given time, for the future, if this should prove necessary (especially in order to reflect changes in Twinity or changes in the legal framework for Twinity, such as new legislation or case-law) and if you are not disadvantaged contrary to good faith.
8.3 You will be notified of these changes of the Terms of Service in appropriate text form (possibly via e-mail). Metaversum will notify you on the Twinity websites, when launching the Twinity client or via e-mail. Changes of the Terms of Service will always be highlighted upon your first login after the changes or amendments have been made.
8.4 You can contradict the changes of the Terms of Service after the information relating to the notification of the changes and the possibility of taking notice of such information within a time period of two weeks following receipt of the information. It is recommended to you to submit your contradiction in writing (for example via e-mail) to Metaversum for evidence reasons.
8.4.1 The changes of the Terms of Service become binding on you in the event that (i) you do not contradict within the above-mentioned time period or (ii) if you continue to use Twinity without having contradicted to the changes of the Terms of Services.
8.4.2 Metaversum will inform you about the possibility to contradict and the legal consequences, especially the legal consequences of a lack of contradiction when notifying you about the changes of the Terms of Service.
8.4.3 If you contradict in time, each party (i.e. you and Metaversum) may terminate the contract with one month prior notice unless termination is possible at any time according to Sect. 10.2. Until termination, the Terms of Service in their former version will govern your relationship with Metaversum. In this event, payment for services which may already have been made for periods of time after the termination having effect are reimbursed pro rata temporis. You do not have any other claims against Metaversum.
8.5 Unless otherwise provided in these Terms of Services or other agreements with you, Metaversum will usually communicate with you via e-mail. You shall make sure that you receive all e-mails sent by Metaversum to the address you have submitted to Metaversum in the Member Offer, or at a later date. You will especially configure the spam filter accordingly and regularly check all incoming e-mail under this address. Metaversum may choose any other appropriate means of communication.
§9 Tariffs, payment conditions, late payment
9.1 You can access Twinity upon creation of an account (see above Sect. 5). You can either start with a Basic Membership or Premium Membership. The Basic Membership is free. However, you will not have access to all services, actions, and features of Twinity. You have to pay for Premium Membership on a regular basis (subscription). You must not use a Basic Membership or Premium Membership for pecuniary or commercial purposes. If you decide to start using Twinity commercially, you are obliged to purchase a Commercial Membership.
9.2 Metaversum may offer you the possibility to get access to payable special features, especially services or features or to the possibility to perform actions which are not available otherwise. A Premium Membership and a Commercial Membership give you access to various special features, other special features may be acquired separately, and may or may not be restricted to Twinity members who do hold a Premium Membership or a Commercial Membership. Details on which special features are offered at which tariff, which functions and requirements they have, and which special features are included in the Premium Membership can be learned from the Twinity website. Payments for special features requiring a one-time fee are payable when ordering such special features. Payments for subscriptions (e.g. for indoor places) are payable on a monthly basis. The subscription will renew automatically if you do not cancel it according to Sect. 10.3.
9.3 Twinity is constantly undergoing development. Special features may therefore be added or removed or offered in the Basic Membership at any time, or features of the Basic Membership may become special features without prior notice.
9.4 In case you have made payments for special features for a period of time in the future, and cannot make use of these, because they are no longer offered and/or are offered in the free Basic Membership as well, you may terminate the subscription for the special features with immediate effect and you will be reimbursed pro rata temporis. You do not have any other claims. In the event you have been notified and had the possibility to read the notification on the changes to the special features, and you did not terminate the subscription of the special features, latest with effect on the date of implementation of the changes relating to the special features, but continue to use Twinity, you may no longer terminate the subscription with immediate effect. Any other termination rights provided in these Terms of Services remain unaffected.
9.5 Metaversum will inform you about the possibility to terminate the special features and the legal consequences, especially the legal consequences of a lack of termination when notifying you about the changes of the special features.
9.6 Metaversum can ask for advance payment for the fees of the Premium Membership (see above, Sect. 9.1) or special features (see above, Sect. 9.2). These fees are due upon conclusion of the contract on the Premium Membership or the special features and will be collected by Metaversum using the form of payment chosen by the Twinity member. The amount to be collected will be referred to as “Twinity” or “Metaversum”, or may be referred to as a payment processing partner's charge on behalf of Metaversum, on the credit card / debit card / bank account statement.
9.7 Metaversum may, at any time, temporarily or permanently, introduce new products, services or forms of payment.
9.8 Metaversum may make price changes for subscriptions at any given time with a notice period of six weeks. Prices for special features which require a one-time payment can be changed at any time without prior notice. Notice on price changes for subscriptions is given by letter of indication, on the Twinity website, or via e-mail.
9.8.1 The price changes for subscriptions become effective if you do not contradict within six weeks upon receipt of this notice.
9.8.2 Metaversum will, in the notification about the price changes for subscriptions, inform you about the possibility to contradict and terminate and the legal consequences thereof, especially the legal consequences of not contradicting.
9.8.3 If you contradict in time, each party (i.e. you or Metaversum) may terminate the contract with one month prior notice, unless termination is possible at any time according to Sect. 10.2. Until termination, the former tariffs stay valid. Payments for services which may already have been made for periods of time after termination are reimbursed pro rata temporis. You do not have any other claims.
9.9 In case of late payment, Metaversum is entitled to ask an interest rate of 5 % above the then current base rate. In case of late payment, Metaversum is also entitled to disable special features for you and to deactivate your accounts for the duration of the delay. For the period an account or the special features are deactivated, you do not have to pay the respective subscription fees. However, you have to pay Metaversum a processing fee for deactivating the account, informing you about the deactivation and for re-activating the account or creating a new account upon full payment. The processing fees are listed on www.twinity.com. You may prove that no damage or only a substantially lower damage has been caused.
9.10 In case you cause reversal debits and / or cancellation fees for the cancellation of debits through your fault, or a lack of backing of your bank account, you shall reimburse Metaversum for any such cancellation fees and costs.
9.11 Metaversum shall have the right to debit these cancellation fees and costs, along with the original fees, from your account. If payment of the fees is made through debit or through credit cards and reversal debits occur, Metaversum charges a service fee of EUR 15.00 per debit / credit card transaction plus banking fees. You may prove that no damage or only a substantially lower damage has been caused.
9.12 You may only offset claims if you have a claim against Metaversum which Metaversum has not disputed or which has been declared legally binding by court decision. You may only withhold payment if you have a claim against Metaversum which has its origin in the same contractual relation.
9.13 You are not entitled to assign your claims against Metaversum to a third party.
§10 Term, termination
10.1 Any contracts between you and Metaversum are entered into for an unlimited period of time, unless otherwise provided for in the offer or these Terms of Service.
10.2 Each party has the right to terminate the contract at any time with immediate effect, if no limitation of the usage period has been agreed upon. Subscriptions are contracts which are generally entered into for a limited period of time, but renew automatically if you do not cancel them according to Sect. 10.3.
10.3 In case the contract has been agreed upon for a limited period of time (cf. Sect. 9.2), the contract automatically renews for the same period of time unless the subscription or the contract has been terminated in time with a period of 14 days (unless another termination period has been foreseen in the contract), effective upon the end of the term. No reasons have to be given for such termination.
10.4 The parties remain free to terminate the contract for important reasons at any time.
10.5 In case Metaversum is responsible for a termination of the contract for important reason, you will be refunded for any payments you have made for a given period of time (especially for the Premium Membership and subscription-based special features, but not for globals or other special features with a one-time payment) for the period after the termination becomes effective. You do not have any other claims, unless otherwise provided in these Terms of Service.
10.6 Metaversum may terminate the contract especially for, but not limited to, the following reasons:
- You are late in paying fees of at least EUR 5.00, despite two reminders
- You culpably breach any legal rule, these Terms of Service, or the Rules, and such breach remains uncured despite written notice (possibly via e-mail); a written notice is not required in case of a severe contravention, i.e. when it would be unreasonable that Metaversum remains bound by the contract
- You have not used your account for six months despite a reminder
10.7 Cases in which it would be unreasonable that Metaversum remains bound by the contract generally include:
- You are not of legal age
- You violate criminal law
- You violate the “prohibition of pushing” (see Sect. 5.7 above)
- You violate the prohibition of non-authorized scripts (see Sect. 6.1 above)
- You provide incorrect information upon registration (in the form of the Member Offer, see Sect. 5) or when purchasing or paying additional Features (see Sect. 9.2)
- You violate Sect. 3.3
- You violate Sect. 3.5
- Your further participation is likely to cause harm to Twinity, Metaversum, or other Twinity members.
10.8 In case Metaversum rightfully declares the termination for important reason, Metaversum is entitled to claim 75 % percent of all fees which you would have had to pay for the rest of the term. You remain free to prove that no or only substantially lower damages were suffered.
10.9 If there is no option to terminate the contract within Twinity, the termination has to be declared in written form. A termination for important reason can only be declared in written form. E-mail is sufficient.
§11 Principal obligations
11.1 Your principal obligation is to pay the fees, unless you use the Basic Membership (see above Sect. 10.1). Another principal obligation is to correctly and completely submit all data which Metaversum rightfully requests upon entering into the contract, or in the course of the contractual relation with you. Therefore, when signing up, you declare that the information relating to you or other facts relevant for the contract (especially age, address including country of residence, bank or credit card details, URL of your homepage including all contact and other details required by law) and which you provide in the Member Offer or upon conclusion or during the course of the contractual relation are accurate, complete and correct. You will inform Metaversum about any changes to this information without undue delay. Upon request, you shall confirm the data to Metaversum.
11.2 You shall respect the Rules. In case of continued breach of the Rules despite reminder or severe breach of the Rules (cf. Sect. 10.6), Metaversum may cease all services and deliveries immediately and without granting a deadline, and terminate the contract with immediate effect.
§12 Third party software
12.1 Metaversum is not liable for damages or loss of data on your computer which is caused by the installation of software which does not origin from Metaversum.
12.2 Metaversum provides the Twinity client and supporting libraries. Metaversum does not provide or install any other software which may be required on your local computer, such as the operating system, or hardware drivers, if applicable. It is your responsibility to maintain the computer in a state which enables the use of Twinity (see also above, Sect. 7). Metaversum therefore does not provide technical support for the installation of software required on your local computer.
§13 Access data
13.1 You shall keep all access data for Twinity (login, passwords etc.) strictly confidential. You will promptly inform Metaversum if you learn or suspect that an unauthorized third person is in possession of the access data. Please do this in written form, e.g. via e-mail.
13.2 In case Metaversum has reason to believe that an unauthorized third party is in possession of access data, Metaversum may, without assuming any responsibility to do so, and always acting at its sole discretion, change the access data without prior notice or block the respective account. Metaversum will promptly inform the rightful Twinity member and will, upon request, communicate the new access data to him or her without undue delay. You cannot claim to have your initial access data restored.
13.3 In case a third party uses, through your fault, Twinity with your access data, you are liable for the fees and for damages. All access through your access data shall be considered as an access by yourself.
13.4 Passwords should regularly be changed for security reasons.
13.5 You are solely responsible for the use of your account.
13.6 You must not use the account or access data of another member.
13.7 Metaversum will never ask you for your password. You should never disclose your password to any third person.
§14 Viruses; malicious code; backups
14.1 Metaversum protects its systems against viruses and other malicious code. However, you acknowledge that virus infections and malicious code can never be completely ruled out. It is your responsibility to protect all data stored on your computer against unauthorized access, and against data loss. Suggested measures include encoding of confidential information, using a different partition of the hard disk or another hard disk for confidential information, and regularly backing up valuable data.
14.2 You acknowledge and agree that you should never rely on Twinity to store valuable data, but keep local backup on any and all valuable information you may submit, upload or store in Twinity.
14.3 Unauthorized third parties may send e-mails under the name of Metaversum, without Metaversum's knowledge or consent, and such e-mails may contain viruses, spyware or link to web content which, in turn, contains viruses, spyware, or other malicious code. Metaversum cannot prevent such behaviour. You will, therefore, check all incoming e-mail send by or under the name of Metaversum, or other Twinity members, for viruses and malicious code prior to opening them.
§15 Twinity content, actions in Twinity
15.1 A large portion of Twinity's content is generated by the Twinity members. Such content may include items (such as clothes, or vehicles), modifications of indoor places (furniture, pictures, or other decoration), descriptions, reviews and ratings of other Twinity members or their content, the Twinity member's Avatars including their names, or media content made available by the Twinity members (such as music, videos, pictures and text). You acknowledge that Metaversum and other Twinity members have rights in their respective content under copyright and other legal provisions, and that such rights are not licensed to you by signing-up for or using Twinity. You are responsible and liable for your use of any content in violation of any such rights.
15.2 For all content you make available via Twinity and for all actions you perform in Twinity, you will respect the guidelines (see Sect. 3 above). You agree that when making content available through Twinity, you will not do this expecting any form of compensation from Metaversum.
15.3 You will be solely responsible to obtain all permits and licenses you may require from third parties to make content available or perform actions in Twinity, for example to use copyright protected content or to pursue activities which require government permission (such as certain financial services).
15.4 You must not abuse the possibility to upload content, including reviews and ratings. This means especially: Comments, especially descriptions, reviews and ratings of other Twinity members and their content and actions shall be fair and objective. They must not be taunting or misleading. You must not upload reviews or ratings for which you directly or indirectly receive any payment or other advantages. It is especially prohibited to sell, buy or trade reviews and ratings. You must not yourself or through third parties rate your own content or actions.
15.5 In case of doubt, you shall promptly remove any content or information, including descriptions, reviews and ratings, and discontinue any action, to which Metaversum has objected.
15.6 Metaversum may also remove such content on its own, and prevent such actions. Metaversum may especially delete any content and prevent actions, in whole or in part, which give reason to assume a breach of these Terms of Service, of the Rules or of applicable law, for example information which falls in one of the following categories:
Actions and content which are generally illegal (not exhaustive)
- Content or actions using any terms or marks, names, pictures, videos, music, games, computer programs, or other material protected for third parties.
- Content or actions infringing on any applicable laws and other legal rules with regard to youth protection, data protection, protection of personality rights, protection against insults, and public decrial.
- Content or actions which are false or misleading or promoting illegal activities.
- Usage of account names or e-mail-addresses of other Twinity members without their prior consent for sending unsolicited e-mails, promotional messages or other commercial purposes; sending junk e-mails, chain e-mails, and unsolicited bulk e-mails, instant messages, spimming and spamming, soliciting other Twinity members to disclose personal information for commercial or illegal purposes, or to disclose access data.
- Content or actions promoting or endorsing criminal activities or containing instructions for criminal activities, including but not limited to information on the production or purchase of arms, child pornography, fraud, drug trafficking, gambling, stalking, spying on trade secrets.
Actions and content which are generally not acceptable (not exhaustive)
- Content or actions of racist, offensive, vulgar, molesting, insulting, threatening, obscene, hateful, invasive of another person's privacy, defaming, libellous, political extremist, religious, violent, sexist, erotic, otherwise harmful to underage persons, or touting nature.
15.7 Content deleted according to Sect. 15.6 will not be restored by Metaversum.
15.8 Metaversum may also exclude you from further use of Twinity and, in case of repeated infringements of the aforementioned prohibitions despite warning notice, terminate your account with immediate effect. Metaversum reserves the right to exercise its further rights, especially to claim damages.
15.9 You will inform Metaversum in case you learn about an abuse of Twinity by other Twinity members or third persons, such as making accessible or sending content or performing actions violating Sect. 15.6. To ensure effective measures, Metaversum requests such information in written form (e.g. e-mail).
15.10 Metaversum does neither endorse nor approve of actions performed or content made available by the Twinity members.
15.11 Metaversum does not generally control the content or actions in Twinity, especially not before they go live (see Sect. 2.2 above). In case Metaversum learns that content is illegal, it will be deleted promptly.
15.12 Metaversum disclaims of any liability or warranty with respect to content made available or actions performed by Twinity members, especially their accuracy, completeness, and reliability.
15.13 Your account is only a license to use Twinity, regardless of intellectual property rights you may have in content you create or otherwise own and which may be stored on your account. I.e. while you hold all intellectual property in your content and can use it outside Twinity at your sole discretion, you do not own your account.
§16 Copyright; trademarks
16.1 You remain the owner of all rights in the content you make available in Twinity.
16.2 By making content available in Twinity, you grant Metaversum free of charge a non-exclusive license to publicly display, reproduce and make publicly available such information in Twinity. You may revoke such license by deleting such content, as long as you did not give the respective content or any copy thereof to any other Twinity member.
16.3 By making content available in Twinity, you acknowledge and agree that this content can be accessed globally.
16.4 These Terms of Service do not grant you any right to use trademarks, or graphical material which originates from Twinity outside of Twinity. You agree to review and adhere to the Trademark Guidelines under section 23.
§17 Claims based on defects
17.1 Metaversum grants you access to Twinity in their then current version only (Sect. 7). You cannot claim that a given state of Twinity or functional range are maintained or achieved. You acknowledge and agree that Twinity, as any other software, can never be completely free of bugs. Therefore, Twinity can only be considered to be defective if its usability is affected severely and sustainably.
17.2 You shall document any faults in Twinity, and report them in written form along with a log of the error messages displayed. Before reporting a potential bug, you will consult the instruction and other troubleshooting tools provided by Metaversum (especially frequently asked question lists, forums and boards for troubleshooting). You will use your best efforts to support Metaversum in any attempts to debug.
17.3 You will notify Metaversum of any faults without undue delay upon discovery in written form (telefax, letter or e-mail). Apparent faults of goods ñ including virtual goods ñ have to be reported to Metaversum in written form within two weeks upon receipt. To comply with this deadline, it is sufficient that the report is sent in time. If no notice has been given within this deadline, all claims based on such defects shall forfeit.
17.4 Metaversum is not liable for defects caused by external influence, faulty handling, force majeure or changes or manipulations which are not carried out by Metaversum.
17.5 Metaversum does not assume any warranties.
§18 Limitation of liability
18.1 Metaversum is not responsible for damages unless they are caused intentionally or by gross negligence.
18.2 Liability for breach of a cardinal obligation or an essential obligation is limited to the damage which could have been foreseen.
18.3 The damage which can be foreseen is limited to EUR 2,500.00 per account.
18.4 The aforementioned limitation of liability also applies for the personal liability of staff, employees, assistants, vicarious agents, contributors, representatives, organs, shareholders of Metaversum and their members.
18.5 The aforementioned limitations of liability determined in Sect. 18.1 to 18.4 do not apply to the liability for personal injury of life, body, and health. The limitation of liability pursuant Sect. 18.1 and 18.4 does not apply in case the damage is the result of a breach of a cardinal obligation, an essential obligation or a guarantee. Metaversum remains responsible for product liability and according to Sect. 44 a TKG (German Telecommunication Law).
18.6 Metaversum distances itself explicitly from the contents of any sites to which there are direct or indirect links from Metaversum's sites. Metaversum does not assume any responsibility for these contents and sites. The providers of the respective sites are responsible for their content.
§19 Disputes between Twinity members
19.1 Any disputes between Twinity members shall be settled in their own responsibility.
19.2 Metaversum reserves the right to intervene in any disputes between Twinity members, for example by deleting counterfeit items and refunding the purchaser from the sellers account. Metaversum shall, however, be under no obligation to do so.
20.1 Twinity may be partly financed through advertising. Advertising messages of Twinity members or booked by third parties through Metaversum may therefore appear in Twinity.
20.2 Metaversum will only send advertising to your e-mail address respectively to the mailbox your profile created in Twinity upon your prior consent. Cf. Sect. 21.3 for Metaversum's own advertising and newsletters.
20.3 Unless you tell Metaversum not to do so, your profile might be used to select advertising information which matches your interests.
§21 Data protection
21.1 Metaversum will only collect, process or use any data referring to you as a person for the purpose of this contract (including billing) unless Metaversum is required by law to disclose such data or unless you have consented to any other use.
21.2 Collection, usage and processing of the data are carried out in electronic form.
21.3 Metaversum, however, reserves their right to inform you about other related products offered by Metaversum, also in electronic form, without your explicit consent, as far as legally permissible, as long as you do not contradict. You may contradict at any time, and no costs other than costs that will arise for the transmission (at base tariffs) of the contradiction.
21.4 For advertising and market research and for tailoring Twinity and potential new products according to the Twinity member's needs, Metaversum may generate aggregated, anonymized data.
21.5 Upon request, Metaversum will promptly inform you about all data logged with regard to you free of charge. This information will generally be provided in electronic form, usually via e-mail.
21.6 Metaversum may pass on payment data to service providers or third parties insofar as this is required for billing. Metaversum will disclose the names of these third parties. Otherwise, Metaversum will not pass on member data or the content of private messages in Twinity, to any third party unless required by law.
21.7 Metaversum would like to point out that data protection and data security cannot be guaranteed for data transmission through open nets such as the internet at the current stage of technical development. You acknowledge that the provider might have access to the data stored on the servers, and might therefore be able to have access to your data. Other users of the internet might also be technically able to get unauthorized access to network security and thus have access to the data.
22.1 Metaversum's failure to act with respect to a breach by you or other Twinity members does not waive Metaversum's right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Metaversum under these Terms of Service shall be deemed effective unless delivered in writing and signed by a duly appointed representative of Metaversum.
22.2 All or any of Metaversum's rights and obligations under this agreement may be assigned to a subsequent owner or operator of the service in a merger, acquisition or sale of all or substantially all of Metaversum's assets.
22.3 You may not assign or transfer the agreement with Metaversum regarding the use of Twinity or any or all of your rights hereunder without the prior written consent of Metaversum.
22.4 Notwithstanding anything else in this agreement, no default, delay or failure to perform on the part of Metaversum shall be considered a breach of these Terms of Service if such default, delay or failure to perform is beyond the control of Metaversum.
22.5 These Terms of Service are the entire agreement between you and Metaversum with respect to the use of Twinity.
22.6 Section headings used in these Terms of Service are for convenience only and shall not affect the interpretation of these Terms of Service.
22.7 If any provision of these Terms of Service shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
22.8 Any changes, amendments or the abrogation of the contract (partly or entirely) require written form (letter, telefax or e-mail); the requirement of written form can only be waived in written.
22.9 If you are a consumer, the sole place of jurisdiction is Berlin, Germany in case you transfer your legal domicile or regular residence to a place outside the Federal Republic of Germany after conclusion of the contract. The same applies if your legal domicile or regular residence are unknown upon filing of a legal action. If you are a businessman, the sole place of jurisdiction is Berlin
22.10 The laws of the Federal Republic of Germany apply for all contracts concluded by Metaversum on the basis of these Terms of Service and any claims arising thereof, and for all claims related to your use of Twinity. The application of the agreement of the United Nations on contracts for international sale of goods and German International Private Law are excluded. Should a provision of these Terms of Service be or become invalid, the validity of the other provisions shall not be affected.
22.11 The German version of these Terms of Service is decisive.
§23 Twinity policies
The policies forming an integral part of these Terms of Services are:
23.1 the Rules
23.2 the Indoor Place Requirements
23.3 the Authentication Rules
23.4 the Special Terms relating to the Sale of Globals (to be published once this service is available, see Sect. 4.6).
23.6 the Trademark Guidelines
Status: 23 July 2008
- Metaversum GmbH
- Rungestrasse 20 D-10179 Berlin
- Phone: +49 (0) 30 847 12 25 0
- Fax: +49 (0) 30 847 12 25 29
- E-mail: firstname.lastname@example.org
- HR-No. and Commercial Register: Berlin AG Charlottenburg B99412
- Managing Directors (Geschaeftsfuehrer): Jochen Hummel, Dr. Mirko Caspar
- VAT ID No: DE814742326