THE LUNAVERSE.COM – TERMS OF USE
PLEASE CLICK ON THE LINKS BELOW TO VIEW SPECIFIC CLAUSES OF THE TERMS OF USE
1. Introduction
2. Using the Site and Content
3. Registration Data
4. Intellectual Property Rights
5. Submissions
6. The Company’s Obligations
7. Purchase of Credits
8. Public Forums and Communication
9. Rules of Conduct
10. Cooperation; Removal of Submissions
11. Disclaimers
12. Privacy Policy
13. Game Play and Latency
14. Our Liability
15. Termination
16. Events Beyond Our Reasonable Control
17. Law and Jurisdiction
18. General Provisions
Welcome to The Lunaverse (www.thelunaverse.com) (the "Site") – a web site owned and operated by Scary Beasties Limited (collectively we, us or the “Company”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE (“Terms”). By using this Site or by clicking a box or a link that states that you accept or agree to the Terms, you signify your agreement to the Terms. If you do not agree to these Terms, you may not use this Site.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time on both a temporary and permanent basis. In the event that we do so, we will/may but are not obliged to notify you of any such change, modification, addition, or deletion by sending you an e-mail at the last e-mail address that you provided us, and/or by prominently posting notice of the any such change, modification, addition, or deletion on the Site. Any such change, modification, addition, or deletion will be effective upon the earlier of seven (7) calendar days following our dispatch of an electronic notice to you or seven (7) calendar days following our posting of such notice on the Sites covered by these Terms. If you do not agree to any permanent change you may cancel your account.
The Site is only for your personal use. You may not use the Site for commercial purposes
This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorised, unlicensed and in violation of these Terms. By using the Site, you represent and warrant that you are 13 or older and that you agree to and abide by all of the Terms contained herein. If you are between the ages of 13 and 18 we recommend that you ask your parent or guardian for consent before registration with the Site.
We may at our discretion change this Site at any time.
Before you participate in the Site you have to create an “account” with the Company.
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph, or providing false details for a parent or guardian, where our registration process requires such information. You acknowledge and agree that we may take steps to verify the accuracy of information you provide. You also agree to promptly notify us of any unauthorised use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site. In addition, you agree to exit from your account at the end of each session.
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s).
Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address.
In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, or deletions described in the notice.
We either own the copyright in all the information, materials, software code, functions, games, characters and any other content and applications (“Content”) contained on this Site or such copyright is properly licensed to us.
All other intellectual property rights whether trade marks, design rights, patents, database rights whether registered or capable of registration pertaining to the Site are owned by us (“Intellectual Property Rights”).
We may change this Site or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from this Site may be used other than as part of this Site, reproduced, transmitted, distributed or otherwise exploited in any way, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer or mobile device (as applicable) for your personal, non-commercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the Content, in whole or in part, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume, automated use of this Sites or transferring of any Content to any other computer or mobile device is prohibited.
In these Terms, we use the word “Submissions” to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, games, fan and/or supporter sites, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterisations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively “Distribute”) on or through the Site.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions that we expressly request or those which you provide in accordance with the proper use of the Site. An Unsolicited Submission is a Submission which is not a Solicited Submission.
We do not accept or consider unsolicited creative ideas, suggestions or materials sent to us. If you distribute such unsolicited material on or through this Site then you will do so knowing that you will not be able to claim any duty of confidence or other proprietary right pertaining thereto and that you have no expectation of any review, compensation or consideration by us.
Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorised users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide licence under all Intellectual Property Rights you own or control, to use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorise, comment on, broadcast, stream, edit, alter, modify (including, without limitation, removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), adapt, translate, create derivative works based upon and publicly perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on any other sites which we own, on third party web sites, on our broadcast and cable networks and stations, and on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes in any media format and through any media channels including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "Submissions Licence").
By communicating a Submission, you represent and warrant that the Submission and your communication of that Submission conform to the Rules of Conduct as defined below in Section 9, Rules of Conduct and other requirements of these Terms and that you own or have the necessary rights, licences, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorise us to exploit, such Submission in all manners contemplated by these Terms (including the Submissions Licence). These Terms (including the Submissions Licence) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.
To the extent that any Submissions submitted by you contain original songs or recordings, you hereby represent that you are a member of the applicable mechanical and/or performing rights society and that all musical compositions (including lyrics) contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorised users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any such society, you hereby grant us (and our licensees, distributors, agents, representatives and other authorised users) a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub licensable and transferable worldwide licence to publicly perform each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities on the Site (including, without limitation, games and Public Forums (defined below in Section 8 labelled "PUBLIC FORUMS AND COMMUNICATION") that require the use of our copyright works (in whole or in part), we hereby grant you a non-exclusive licence to create a derivative work using our copyrighted works (in whole or in part); provided however, that such licence shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorised users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorised users), your licence to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
You waive any moral rights pertaining to your Submissions.
The Company will adhere to the Data Protection Act 1998 when processing any Submissions which contain personal data.
The Company offers “virtual products” for sale (“Chargeable Products”). The Site provides for the purchase of ‘Dubluna’ which are virtual credits capable of being spent on various products through the Site. The Credits will be deducted from your account as purchases are made.
The method of payment for the Chargeable Products shall be at the sole discretion of The Company from time to time.
Where you purchase Chargeable Products from the Company via the Site, including without limitation virtual products for your planet, then from the moment these services are made available, you shall have no right to cancel the contract other than pursuant to these Terms. Any purchase of Dubluna is non-refundable whether or not the credits have been utilised. Should The Company cease to operate the Lunaverse website, any unused credits which are available at the time operations cease will not be refunded.
8. PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site or feature offered as part of the Site that enables users or visitors of the Site to Distribute Submissions for viewing by one or more users or visitors to the Site, including a chat area, message board, messenger function, mail function or social community environment.
You acknowledge that Public Forums and features offered therein are usually for public and not private communications. Please keep in mind that whenever you give out personal information online through a Public Forum, that information can be collected and used by people you don't know. We cannot guarantee the security or privacy of any information you choose to disclose through any of these media; you make such disclosures at your own risk. We recommend that you do not give out personal information (e.g. telephone, e-mail, or home address) about yourself or anyone else through a Public Forum. Section 12 below provides details of our Privacy Policy (e.g. for personal information supplied during registration to participate in a Public Forum).
You are and shall remain solely responsible for the Submissions you Distribute on or through the Site submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same.
You acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We reserve the right to screen, refuse to post, remove or edit Submissions at any time and for any or no reason including, without limitation, if your Submission fails to conform to the Rules of Conduct, in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any Submissions contained in a Public Forum, and we shall not be responsible for any trading, investment, or any other decisions made or actions taken or not taken based on such information or content.
Although The Company reserves the right to screen, refuse to post, remove or edit Submissions at any time and for any or no reason, we are not obliged to moderate the Public Forums and you should not assume that any party or Submission has been or is being vetted by The Company.
Your ability to access and browse Public Forums and/or to submit and/or post Submissions within a Public Forum may be subject to certain revised age restrictions and/or related procedures or Terms that we may revise in our sole discretion at any time and for any reason. Any such age restrictions, procedures and Terms of Use will be posted within the Public Forum, as applicable.
The following Rules of Conduct apply to this Site. By using this Site, you agree that you will not Distribute any Submission that:
- is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
- is bigoted, hateful, or racially or otherwise offensive;
- is vulgar, obscene, pornographic or otherwise sexually explicit;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third party including Intellectual Property Rights, the unauthorised distribution of another person's personal information or any right of confidence owed to a third party;
- is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages this Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of this Site;
- is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those Terms are commonly understood and used on the Internet; or
- does not generally pertain to the designated topic or theme of the relevant Public Forum.
You will not Distribute any Unsolicited Submissions.
You acknowledge and agree that when using the Site, you may be exposed to Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions.
We cannot and do not assure that other users are or will be complying with the Rules of Conduct or any other provisions of these Terms, and you may be exposed to Submissions that are inaccurate, offensive, indecent or otherwise objectionable. As between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
10. COOPERATION; REMOVAL OF SUBMISSIONS
Without prejudice to any of our other rights under these Terms or at law, we reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from this Site that violates these Terms (including the Rules of Conduct) and (b) to the extent we are able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms (including the Rules of Conduct) and/or game rules, and/or protect the safety or security of any person or property, including this Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
If you consider that a Submission does not conform to these Terms (including the Rules of Conduct), you may report the Submission to us using this link or the contact links provided on the site. Following such a report, we may (but shall not be obliged to) take such action as we consider appropriate in our absolute discretion.
THE INFORMATION, CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WE GIVE NO REPRESENTATION AND WARRANTY IN RESPECT OF SUCH INFORMATION, CONTENT AND MATERIALS. IN PARTICULAR, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THIS SITE (INCLUDING, WITHOUT LIMITATION, SUBMISSIONS) ARE ACCURATE, COMPLETE OR CURRENT OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS OR ANY SOFTWARE OR OTHER DEVICE THAT MAKES SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE RESERVE THE RIGHT TO LIMIT OR PREVENT ACCESS TO THE SITE AT ANY TIME FOR ANY REASON. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE, INCLUDING, WITHOUT LIMITATION, SUBMISSIONS, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
The Site may contain (or you may be sent through a Site) links to other sites (“Third Party Sites”) as well as articles, advertisements, photographs, text, graphics, pictures, designs, music, sound, information applications software and other content or items originating from third parties (“Third Party Content”). We explicitly disclaim any responsibility for the accuracy, completeness, appropriateness or availability of information, content and materials found on Third Party Sites or in Third Party Content. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party information, content or materials contained on our sites (including, without limitation, Submissions contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any Third-Party Site or any Third Party Content. CONSEQUENTLY, WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE THIRD PARTY SITES OR ANY OTHER SITES LISTED IN ANY OF OUR DIRECTORIES OR ANY THIRD PARTY CONTENT AND CANNOT BE HELD RESPONSIBLE FOR THE CONTENT, AVAILABILITY, ACCURACY, RELEVANCE, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN ANY THIRD PARTY SITE OR THIRD PARTY CONTENT AND WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY.
Please see our Privacy Policy for other information regarding the way in which we collect and store any personal information you provide to us when you use the Site. The Privacy Policy is a condition of the Terms.
To support smooth operation of The Lunaverse across wide geographic areas, aspects of certain activities in The Lunaverse, such as competing with fellow members in multi player games, may be simulated to avoid delays in game play.
WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS.
SUBJECT TO APPLICABLE LAW WE DO NOT ACCEPT LIABILITY FOR ANY LOSS, DAMAGES, COSTS OR EXPENSES SUFFERED BY IN CONNECTION WITH YOUR USE OF ANY SOFTWARE, APPLICATION, DEVICE OR ANY OTHER MATERIAL PROVIDED TO YOU IN CONNECTION WITH YOUR USE OF THE SITE, OR FOR ANY LOSS WHICH IS NOT A DIRECT AND REASONABLY FORSEEABLE CONSEQUENCE OF THE (A) USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WHERE YOU USE THE SITE FOR THE MOBILE SERVICES OR MOBILE SERVICES THAT WE PROVIDE IN THE FUTURE WE ARE NOT LIABLE IN ANY WAY FOR ANY FAILURE OF THE SITE OR MOBILE SERVICES INCLUDING WHERE YOUR MOBILE DEVICE IS NOT COMPATIBLE WITH THE CONTENT YOU HAVE ORDERED, FOR ANY CONNECTIVITY FAILURE OF YOUR MOBILE DEVICE OR WHERE YOU PROVIDE AN INCORRECT DEVICE NUMBER.
WE MAY CHANGE THIS SITE OR DELETE CONTENT OR FEATURES OR ANY SERVICES PROVIDED THROUGH THE SITE IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
These Terms are effective until terminated by either you or us. You may terminate these Terms at any time by discontinuing use of the Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise.
We may immediately terminate these Terms with respect to you (including your access to the Site and any other of our Sites) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these Terms (including if we believe that you are under 13). Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under these Terms or otherwise.
The provisions of these Terms, which by their nature should survive the termination of these Terms, shall so survive such termination.
16. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be liable or held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control including, without limitation, acts by third parties such as network providers. This term does not affect your statutory rights as a consumer.
These Terms shall be governed by and construed in accordance with the laws of England and Wales and you submit to the exclusive jurisdiction of the courts of England and Wales.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. If you breach these Terms and we take no action against you, we will not be considered to have given up our rights in respect of your breach and we will also still be entitled to use our rights and remedies in any other situation where you breach these Terms.
These Terms sets out the entire agreement and understanding between the parties. No other representation or statement (excluding those which are fraudulent), whether or not in writing, shall form a term herein.
No third party shall acquire rights pursuant to the Contracts (Rights of Third Parties) Act 1999.
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