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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 users 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 users 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 you can use all features for free, but also 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 Users, represented by their avatars.

1.2 Twinity is, to a great extent, shaped by the Twinity Users, their actions, works, communications and desires.

1.3 Twinity's Indoor Spaces such as commercial Clubs or private Apartments are private places of the Twinity User who is their respective Landlord, provided in a basic form by Metaversum, modified by the Landlord. The Landlord may restrict access to his Indoor Spaces.

1.4 At launch, Twinity will have no or very few Outdoor Spaces. Outdoor Spaces are intended for introduction at a later stage. Twinity's Outdoor Spaces will generally be inspired by real-world locations and will generally be public, i.e. open for all Twinity Users. Outdoor Spaces 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, especially software installed locally by the Twinity User (Twinity Client) 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 Spaces, Outdoor Spaces, items, or communication.

1.7 Basic Membership in Twinity is free for non-commercial purposes. Some services, actions or features may only by available for paying Premium Users. Commercial activity requires a Commercial License. In case Metaversum issues a Commercial License, this does neither dispense you from obtaining a permit you may require from a governmental body, nor legalize any activity which might be illegal under applicable law regulating the commercial activity in the real world.

§ 2 Who is Metaversum, and what do we do?

2.1 Metaversum are the creators of Twinity and the providers of the Twinity Technology and related services.

2.2 Twinity Users 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 Users or the actions performed by the Twinity Users. 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 Users 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 Users 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 User. 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 User. By signing-up you expressly declare that you are of legal age in your country of residence.

3.3 You acknowledge and agree that you are solely responsible for all your actions in or related to Twinity, especially as a Twinity User. 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 Users by Metaversum.

3.5 In Outdoor Spaces 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 which gives some examples.

3.6 In Indoor Spaces and all other private places, your actions must not be contrary to the rules provided by the respective Landlord. 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 In order to become a Landlord, you have to purchase an Indoor Space from Metaversum or another Twinity User. Please refer to the Indoor Space Requirements page to see if you are eligible to become a Landlord.

4.2 You acknowledge and agree that Metaversum may have to remove your Indoor Space 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 Space at no cost, or reimburse you at your choice. Any termination right provided in these Terms of Services remain unaffected.

4.3 The Landlord is responsible for all Content and other action within his Indoor Space. He can enforce his own rules.

4.4 You can purchase an Indoor Space, and other items, from Metaversum . Items in Twinity may decay. Please refer to the respective items description.

4.5 Globals are a feature of Twinity simulating an in-world 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 use and/or purchase of Globals may be or become restricted to Premium Users or open for all Twinity Users in Metaversum's sole discretion.

4.6 Metaversum may offer services which help you selling Globals to other Twinity Users 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 "in-world economy" an exciting part of Twinity, in-world economies of virtual worlds are in an early stage. Metaversum may, therefore, modify the economic system without prior notice. New findings about economic mechanisms within Twinity, new legal framework, or other events within or outside Twinity are especially likely to make Metaversum modify economic parameters. Metaversum may, especially, decide in its sole discretion which amount of Globals (if any) new Twinity Users receive upon registration, or the price for which Globals can be bought from Metaversum.

4.8 When transferring items from an Indoor Space to an Outdoor Space, please note that different rules may apply (see Sect. 3).

4.9 Indoor Spaces, Globals, and other items in Twinity are not "goods" or "property" as defined by law. In case you are "buying" Indoor Spaces, Globals, or other items, you do not become the owner, 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 Spaces, 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 authentification can never exclude manipulations and discourages all Twinity Users from relying on such authentication.

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 User the licensed right to use Globals, items or other Content in accordance with these Terms of Service, and the term "buy" means "to receive for consideration from another Twinity User the licensed right to use Globals, items, or other Content in accordance with these Terms of Service". The terms "buyer," "seller", "sale" and "purchase" and similar terms have corresponding meanings.

In detail

§ 5 Signing up

5.1 You can only become a Twinity User 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 User 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 User Offer, either by declaring acceptance explicitly, otherwise by commencing to fulfil.

5.5 Metaversum will promptly confirm the reception of the User Offer by e-mail sent to the e-mail address submitted by the User. This confirmation is not a binding acceptance of the User Offer. The confirmation can, however, be sent together with such acceptance.

5.6 You become a Twinity User once Metaversum has accepted your User Offer and created an Account for you. Metaversum can decide in its sole discretion whether or not to accept your User 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 in-world 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.

You can withdraw the User Offer 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 does not start before this instruction on your right to withdraw has been received. It is sufficient to send the withdrawal within the Time Limit.

The right to withdraw ends in case Metaversum has started to deliver the service with your 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.

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
Email: support@metaversum.com

When withdrawing via e-mail, your name as well as the words "withdrawal" or "Widerruf" have to figure in the subject line.

In case of a valid withdrawal, both parties have to give back the benefits they had received from the other party, along with uses, if applicable. This means that payments may not be completely reimbursed if you have used the service before withdrawal.

§ 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 Users. 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 User'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 Users 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 on Twinity compatibility in Twinity's forums, by asking Twinity Users 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 Users 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 Users, 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 Spaces, 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 Premium User), 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, especially 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 User Offer and using Twinity, you accept these Terms of Service as binding. Each log-in on Twinity is subject to these Terms of Service. The Terms of Service can be printed or saved on storage media before sending the User 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 mails sent by Metaversum to the address you have submitted to Metaversum in the User Offer, or at a later date. You will especially configure the spam filter accordingly and regularly check all incoming 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 then start with a Basic Membership of Twinity. This is free. However, you will not have access to all services, actions, and features of Twinity, and you must not use it for pecuniary or commercial purposes.

9.2 Metaversum may offer you the possibility to get access to Premium Features, especially (i) services or features or to the possibility to perform actions which are not available in the Basic Membership but for Premium Users only, and (ii) a Commercial License for certain commercial activity. You have to pay a monthly fee for Premium Features (Subscription). Details on which Premium Features are offered at which tariff, which functions and requirements they have, can be learned from the Twinity website. The Subscription will renew automatically if you do not cancel it according to Sect. 10.3.

9.3 Twinity is constantly undergoing development. Premium Features may therefore be added or removed or offered in the Basic Membership at any time, or features of the Basic Membership may become Premium Features without prior notice. Such changes will occur especially during beta phase, but might still be made later.

9.4 In case you have made payments for Premium 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 Premium 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 Premium Features, and you did not terminate the subscription of the Premium Features, latest with effect on the date of implementation of the Changes relating to the Premium 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 Premium Features and the legal consequences, especially the legal consequences of a lack of termination when notifying you about the Changes of the Premium Features.

9.6 Metaversum can ask for advance payment for the fees of the Premium Features (see above, Sect. 9.2). These fees are due upon conclusion of the contract on the Premium Features and will be collected from the bank account / debit card / credit card account submitted by the User, if the User does not choose another form of payment. 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, reduce fees, introduce new products, services or forms of payment.

9.8 Metaversum may make Price Changes at any given time with a notice period of six weeks. Notice on Price Changes is given by letter of indication, on the Twinity website, or via e-mail.

9.8.1 The Price Changes becomes effective if you do not contradict within six weeks upon receipt of this notice.

9.8.2 Metaversum will, in the notification about the changes, 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 Premium Features for you and to deactivate your Accounts for the duration of the delay. For the period an Account or the Premium 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 the Twinity portal. 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 9.80 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 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.

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.

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, 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 (especially for Premium Features) 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; 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-Authorised Scripts (see Sect. 6.1 above)

- You provide incorrect information upon registration (in the form of the User Offer, see Sect. 5) or when purchasing or paying Premium 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 Users.

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. E-mail is sufficient. A termination for important reason can only be declared in written form.

§ 11 Principal Obligations

11.1 Your principal obligation is to pay the fees, unless you use the Basic Membership (see above Sect. 9.1). Another principal obligation of you 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 bank or credit card details) and which you provides in the User 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 these 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 unauthorised third person is in possession of the Access Data. Please do this in written, e.g. via e-mail.

13.2 In case Metaversum has reason to believe that an unauthorised 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 User 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 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 user.

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 Unauthorised 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 mail send by or under the name of Metaversum, or other Twinity Users, for viruses and malicious code prior to opening them.

§ 15 Twinity Content, Actions on Twinity

15.1 A large portion of Twinity's Content is generated by the Twinity Users. Such Content may include items (such as clothes, or vehicles), modifications of Indoor Spaces (furniture, pictures, or other decoration), descriptions, reviews and ratings of other Twinity Users or their content, the Twinity User's Avatars including their names, or media content made available by the Twinity Users (such as music, videos, pictures and text). You acknowledge that Metaversum and other Twinity Users 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 on 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 on 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 Users 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 with 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 programmes, 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 Users without their prior consent for sending unsolicited e-mails, promotional messages or other commercial purposes; sending junk mails, chain mails, and unsolicited bulk mails, instant messages, spimming and spamming, soliciting other Twinity Users 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, to terminate your Account with immediate effect. Metaversum reserves 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 Users 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 Users.

15.11 Metaversum does not generally control the Content or actions on 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 Users, 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

16.1 You remain the owner of all rights in the Content you make available on Twinity.

16.2 By making Content available on Twinity, you grant Metaversum free of charge a non-exclusive license to publicly display, reproduce and make publicly available such information on Twinity. You do not grant Metaversum any other rights. Metaversum will not use the content outside 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 User.

16.3 By making Content available on Twinity, you acknowledge and agree that this Content can be accessed globally.

§ 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 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. Apparent faults of goods – including virtual goods – have to be reported to Metaversum in written 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. You are advised to submit such reports in written form (telefax, letter or e-mail) to Metaversum.

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. They do 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.

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 Advertising

19.1 Twinity may be partly financed through advertising. Advertising messages of Twinity Users or booked by third parties through Metaversum may therefore appear on Twinity.

19.2 Metaversum will only send advertising to your e-mail address respectively to your profile created on Twinity upon your prior consent. Cf. Sect. 21.3 for Metaversum's own advertising.

§ 20 Disputes between Twinity Users

20.1 Any disputes between Twinity Users shall be settled in their own responsibility.

20.2 Metaversum reserves the right to intervene in any disputes between Twinity Users, for example by deleting counterfeit items and refunding the purchaser from the sellers account. Metaversum shall, however, be under no obligation to do so.

§ 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, 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, reserve 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 for the transmission (at base tariffs) of the contradiction will arise.

21.4 For advertising and market research and for tailoring Twinity and potential new products according to the Twinity User's needs, Metaversum may generate aggregated, anonyminized 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 user data, or the content of private messages on 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 Misc.

22.1 Metaversum's failure to act with respect to a breach by you or other Twinity Users 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; 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. 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.

22.10 Should a provision of these Terms of Service be or become invalid, the validity of the other provisions shall not be affected.

§ 23 Twinity Policies

The policies forming an integral part of these Terms of Service are:

23.1 The Rules as defined in the Twinity Rules

23.2 The Indoor Space Requirements

23.3 Content and Actions which are Generally Illegal,

23.4 Content and Actions which are generally not acceptable,

23.5 The Authentication Rules

23.6 Special Terms relating to the sale of Globals

Status: November 29, 2007

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: info@metaversum.com

HR-No. and Commercial Register: Berlin - AG Charlottenburg B99412

Managing Directors (Geschäftsführer): Dr. Mirko Caspar, Dietrich Charisius, Jochen Hummel

VAT ID No: DE814742326

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