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Neualtenburg Terms of Service Wiki

Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
06-01-2005 21:25
This thread contains these instructions and a working copy of the cooperative's Terms of Service (ToS). The ToS will be modified as we decide upon changes in other threads. If a modification was agreed upon, post it here and I will incorporate it into the document and then delete the notification thread.

~Ulrika~
_____________________
Chik-chik-chika-ahh
Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
Neualtenburg Terms of Service
06-01-2005 21:28
Version: 1.0
Modified: 2005-06-01 21:27 PST

CODE

1.1 The Agreement. The Neualtenburg Projekt, Inc. ("Neualtenburg")
offers to allow you to participate in its land cooperative
("Cooperative") and in-world government ("Government") contained in
its collection of simulators ("City") in the multiplayer online
service "Second Life," solely conditioned on your agreement to all
of the terms and conditions contained in this Terms of Service
document (the "Agreement"), your compliance with the posted City
Standards on the Neualtenburg website, and adherence to all in-world
laws, covenants, and guidelines. Your participation in the cooperative
constitutes your agreement to all such terms and conditions and
your agreement to comply with the City Standards. To confirm your
agreement, you should accept this Agreement. If you do not so agree,
you should decline this agreement, in which case you are prohibited
from joining the cooperative. Purchasing land ("Land") from the
cooperative will be considered acceptance of this Agreement. If
you have any questions regarding these terms and conditions or the
City Standards, please contact a Neualtenburg customer service
representative at [email]Neualtenburg@gmail.com[/email].


1.2 Changes to these Terms. Neualtenburg reserves the right to
change the address of its Website at any time for any or no reason.
Neualtenburg may amend this Agreement (including without limitation
the pricing terms set forth herein) and/or modify the City Standards
at any time in its sole discretion by posting the amended Agreement
or modified City Standards at http://www.Neualtenburg.org or another
current website designated by Neualtenburg or by communicating these
changes through the primary contact methods you have established
with us. Amendments to the Agreement will be effective after the
amended Agreement is posted. Modifications to the Community Standards
will be effective immediately upon posting. Your use of the City
or its Services after the effective date of any amendments to this
Agreement constitutes your agreement to the amendments. You agree
to check this Agreement and the Community Standards periodically
so you will be familiar with their content as amended or modified
from time to time.


1.3. Compliance with Linden Policy. Linden Research, Inc. ("Linden")
provides the multi-player online service "Second Life," through
which Neualtenburg offers its service. Acceptance of this agreement
constitutes your agreement to all Linden terms and conditions as
outlined in the Linden Community Standards and Linden Terms of
Service, which you can find at these links:
www.secondlife.com/corporate/tos.php and
www.secondlife.com/corporate/community.php. Terms and conditions
outlined in the Linden Community Standards and Linden Terms of
Service supercede all terms and conditions outlined in this Agreement.


2. Land

2.1 Eligibility You must purchase Land with Neualtenburg (your
"Membership") to participate in the cooperative. Standard Membership
is permitted only for adult individuals who are 18 years of age or
older. Those who meet these standards, open an account and maintain
their account in good standing are sometimes referred to in this
Agreement as "Citizens." By accepting this agreement in connection
with purchasing land you represent that you are an adult 18 years
of age or older.


2.2 Registration Obligations. You agree to provide true, accurate,
current and complete information about yourself as prompted by
either the registration form or Neualtenburg contact ("Registration
Data") and maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. Neualtenburg reserves
all rights to vigorously pursue legal action against all persons
who misrepresent personal information or are otherwise untruthful
about their identity.


2.3 Membership. By owning Land you agree that even though you may
retain certain copyright or other intellectual property rights with
respect to works you create (your "Content," as defined in Section
6.1 below) while owning Land (as specified in Section 5.3 below),
you do not own any content on community Land (including without
limitation any data representing or embodying any or all of your
Content).


3. BILLING POLICIES

3.1 Membership Types and Charges. Membership is granted through a
one-time payment for a share of a Simulator and maintained by paying
recurring Land Use Fees determined by the location amount of Land held.


3.2 Payment Terms. Land use fees will be charged once each month
and will reflect the pro-rated amount of land held during the
previous month. Neualtenburg is not responsible for any charges
or expenses you incur resulting from charges billed by Neualtenburg
in accordance with these Terms of Service. By providing a credit
card number, PayPal account address, or an in-world Neualtenburg
account number, you authorize Neualtenburg to continue charging the
account for all charges due Neualtenburg until your Neualtenburg
membership is terminated by either you or Neualtenburg.


3.3. Billing Periods for Recurring Charges. Monthly accounts will
be billed monthly on the same date of each month (e.g. the 10th of
each month), beginning on the day you pay for your share of the
sim.



3.4 Cancellation, Refunds, Reactivation. Membership may be canceled
simply by selling your share of the Sim either to Neualtenburg or
to a Neualtenburg-approved third party unless your Membership or
this Agreement is suspended or terminated based on our belief that
you have violated or acted inconsistently with Section 5.1 of this
Agreement. THERE WILL BE NO REFUNDS FOR REPOSSESSED LAND.


3.5 Membership Retention. If your account is past due, any land
held by your Character in that account will be repossessed by the
Cooperative after 30 days. Any objects on that parcel of land will
be returned to you or deleted. You understand and agree that none
of the actions specified in this Section 3.5 will constitute a
violation of any copyright or other intellectual property rights
you may have in any of your Content, and for the avoidance of doubt
you hereby grant Neualtenburg the irrevocable and perpetual right
to take any or all of the actions specified in this Section 3.5
under the circumstances described.


4. LICENSE

4.1 License. Subject to the terms of this Agreement, Neualtenburg
grants to you a non-exclusive, limited, fully revocable license
("Deed") to use the Land during the time you have paid for but only
as long as you are in full compliance with these terms and conditions.
You may not charge any third party for using your Land unless by
prior agreement with the Cooperative. You may not modify, adapt,
reverse engineer (except as otherwise permitted by applicable law),
decompile or attempt to discover the source code of the Neualtenburg
vendor, ATM, rental boxes, or any other coded city infrastructure
("Infrastructure"), or create any derivative works of the Infrastructure,
or otherwise use the Infrastructure except as expressly provided
in this Agreement.


You may not copy or distribute any of the materials associated with
Neualtenburg or its Infrastructure. Nothing in this Agreement, or
on the Neualtenburg site, shall be construed as granting you any
other rights or privileges of any kind with respect to the Land
other than your own. You acknowledge that your participation in
Neualtenburg does not make you a Neualtenburg employee and that you
do not expect to be compensated for such participation.


4.2 Internet Service. You acknowledge that Neualtenburg is not a
traditional game provider; instead Neualtenburg acts as a cooperative
allowing users to purchase shares of a sim for their personal use.
In addition, Neualtenburg may allow some users to alter the city
environment on a real-time basis. Neualtenburg is not involved in
actual communications between citizens or even in citizens'
interactions with the virtual world. As a result, Neualtenburg has
limited control over the quality, safety, morality, legality,
truthfulness or accuracy of various aspects of the city. As a
condition of access to Neualtenburg, you release Neualtenburg (and
Neualtenburg 's shareholders, partners, affiliates, directors,
officers, subsidiaries, employees, agents, suppliers, licensees,
distributors) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in
any way connected with any dispute you have or claim to have with
one or more Participants. You further understand and agree that:
(a) Neualtenburg will have the right but not the obligation to
resolve disputes between Participants relating to the City; (b) to
the extent Neualtenburg elects to resolve such disputes, it will
do so in good faith based solely on the general rules and standards
of the City and will not make judgments regarding legal issues or
claims; (c) Neualtenburg 's resolution of such disputes will be
final with respect to the virtual world of the City but will have
no bearing on any federal-level (Linden-moderated) or real-world
legal disputes in which Participants may become involved; and (d)
you hereby release Neualtenburg (and Neualtenburg 's shareholders,
partners, affiliates, directors, officers, subsidiaries, employees,
agents, suppliers, licensees, distributors) from claims, demands
and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with Neualtenburg
's resolution of disputes relating to the City.


4.3 All Data Is Temporary. When entering the City, you may accumulate
treasure, experience points, equipment, or other value or status
indicators and contribute to the environment ("Accumulated Status").
THIS DATA, AND ANY OTHER DATA RESIDING ON NEUALTENBURG'S SERVERS,
MAY BE RESET AT ANY TIME FOR ANY OR NO REASON. YOU ACKNOWLEDGE
THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE
WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, ALL OF YOUR
CONTENT AND ACCUMULATED STATUS HAS NO INTRINSIC CASH VALUE AND THAT
NEUALTENBURG DOES NOT ENDORSE, AND EXPRESSLY DISCLAIMS (SUBJECT TO
ANY UNDERLYING RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE,
ATTRIBUTED TO CONTENT OR ACCUMULATED STATUS.


5. USER CONDUCT

5.1 Participant Conduct. In addition to abiding at all times by
the Community Standards, you agree that you shall not: (i) take any
action or upload, post, e-mail or otherwise transmit Content that
infringes or violates any third party rights; (ii) impersonate any
person or entity, including, but not limited to, a Neualtenburg
member, or falsely state or otherwise misrepresent your affiliation
with a person or entity; (iii) take any action or upload, post,
e-mail or otherwise transmit Content that violates any law or
regulation; (iv) take any action or upload, post, e-mail or otherwise
transmit Content as determined by Neualtenburg at its sole discretion
that is harmful, threatening, abusive, harassing, causes tort,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, racially, ethnically or otherwise objectionable; (v) take
any actions or upload, post, e-mail or otherwise transmit Content
that contains any viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines that are intended
to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information; (vi) take
any action or upload, post, email or otherwise transmit any Content
that would violate any right or duty under any law or under contractual
or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); (vii)
upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation;
(viii) interfere with or disrupt the City or servers or networks
connected to the City, or disobey any requirements, procedures,
policies or regulations of networks connected to the City; (ix)
attempt to gain access to any other user's Account or password; or
(x) "stalk" or otherwise harass another user. You agree that
Neualtenburg may take whatever steps it deems necessary to abridge,
or prevent behavior of any sort in the City in its sole discretion,
without notice to you.


5.2 Use as Provided. Neualtenburg has designed the City to be
experienced only as offered by Neualtenburg at its web site or
partner websites. You agree to use the City only as offered by
Neualtenburg at its web site or partner websites and not through
any other means. You further agree not to create or provide any
other means through which the City may be accessed or used. You
acknowledge that you do not have the right to create, publish,
distribute, create derivative works from or use any software programs,
utilities, applications, emulators or tools derived from or created
for the City, except that you may use the Land and Infrastructure
to the extent expressly permitted by this Agreement. You are
prohibited from taking any action that imposes an unreasonable or
disproportionately large load on Neualtenburg 's infrastructure.


5.3 Participant Content. Participants can create Content in
Neualtenburg in various forms. Neualtenburg acknowledges and agrees
that, subject to the terms and conditions of this Agreement, including
without limitation the limited licenses granted by you to Neualtenburg
herein, you will retain any and all applicable copyright and/or
other intellectual property rights with respect to any Content you
create in the City. NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND
AND AGREE THAT BY SUBMITTING YOUR CONTENT TO ANY AREA OF THE SERVICE,
YOU AUTOMATICALLY GRANT (AND YOU REPRESENT AND WARRANT THAT YOU
HAVE THE RIGHT TO GRANT) TO NEUALTENBURG: (A) THE ROYALTY-FREE,
FULLY PAID-UP, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE RIGHT AND
LICENSE TO USE AND REPRODUCE (AND TO AUTHORIZE THIRD PARTIES TO USE
AND REPRODUCE) ANY OF YOUR CONTENT IN ANY OR ALL MEDIA FOR MARKETING
AND/OR PROMOTIONAL PURPOSES IN CONNECTION WITH THE SERVICE; (B) THE
PERPETUAL AND IRREVOCABLE RIGHT TO DELETE ANY OR ALL OF YOUR CONTENT
FROM NEUALTENBURG'S SIMULATORS AND FROM THE SERVICE, WHETHER
INTENTIONALLY OR UNINTENTIONALLY, AND FOR ANY REASON OR NO REASON,
WITHOUT ANY LIABILITY OF ANY KIND TO YOU OR ANY OTHER PARTY; AND
(C) THE ROYALTY-FREE, FULLY PAID-UP, PERPETUAL, IRREVOCABLE,
NON-EXCLUSIVE RIGHT AND LICENSE TO COPY, ANALYZE AND USE ANY OF
YOUR CONTENT AS NEUALTENBURG MAY DEEM NECESSARY OR DESIRABLE FOR
PURPOSES OF DEBUGGING, TESTING AND/OR PROVIDING SUPPORT SERVICES
IN CONNECTION WITH THE SERVICE. YOU ALSO UNDERSTAND AND AGREE THAT
BY SUBMITTING YOUR CONTENT TO ANY AREA OF THE SERVICE, YOU AUTOMATICALLY
GRANT (OR YOU WARRANT THAT THE OWNER OF SUCH CONTENT HAS EXPRESSLY
GRANTED) TO NEUALTENBURG AND TO ALL OTHER SECOND LIFE PARTICIPANTS
A NON-EXCLUSIVE, WORLDWIDE, FULLY PAID-UP, TRANSFERABLE, IRREVOCABLE,
ROYALTY-FREE AND PERPETUAL LICENSE, UNDER ANY AND ALL PATENT RIGHTS
YOU MAY HAVE OR OBTAIN WITH RESPECT TO YOUR CONTENT, TO USE YOUR
CONTENT FOR ALL PURPOSES WITHIN THE SERVICE. YOU FURTHER AGREE THAT
YOU WILL NOT MAKE ANY CLAIMS AGAINST NEUALTENBURG OR AGAINST OTHER
SECOND LIFE PARTICIPANTS BASED ON ANY ALLEGATIONS THAT ANY ACTIVITIES
BY EITHER OF THE FOREGOING WITHIN THE SERVICE INFRINGE YOUR (OR
ANYONE ELSE'S) PATENT RIGHTS. YOU FURTHER UNDERSTAND AND AGREE THAT:
(I) YOU ARE SOLELY RESPONSIBLE FOR UNDERSTANDING ALL COPYRIGHT,
PATENT, TRADEMARK, TRADE SECRET AND OTHER INTELLECTUAL PROPERTY OR
OTHER LAWS THAT MAY APPLY TO YOUR CONTENT HEREUNDER; (II) YOU ARE
SOLELY RESPONSIBLE FOR, AND LINDEN WILL HAVE NO LIABILITY IN
CONNECTION WITH, THE LEGAL CONSEQUENCES OF ANY ACTIONS OR FAILURES
TO ACT ON YOUR PART WHILE USING THE SERVICE, INCLUDING WITHOUT
LIMITATION ANY LEGAL CONSEQUENCES RELATING TO YOUR INTELLECTUAL
PROPERTY RIGHTS; AND (III) LINDEN'S ACKNOWLEDGMENT HEREUNDER OF
YOUR INTELLECTUAL PROPERTY RIGHTS IN YOUR CONTENT DOES NOT CONSTITUTE
A LEGAL OPINION OR LEGAL ADVICE, BUT IS INTENDED SOLELY AS AN
EXPRESSION OF NEUALTENBURG'S INTENTION NOT TO REQUIRE PARTICIPANTS
TO FOREGO THEIR NORMAL INTELLECTUAL PROPERTY RIGHTS WITH RESPECT
TO CONTENT THEY CREATE USING THE SERVICE, SUBJECT TO THE TERMS
SPECIFIED HEREIN.


5.4 Age. Membership is prohibited to users under 18 years of age.
Neualtenburg cannot absolutely control whether minors gain access
to the City and makes no representation that users are not minors.
Neualtenburg cannot ensure that other users will not provide Content
or access to Content that parents or guardians may find inappropriate
or that any user may find objectionable. You are prohibited from
conducting any activity that is not in compliance with the Community
Standards, local laws, and covenants.


6. CONTENT

6.1 Content. You acknowledge that: (i) by entering the City you
may have access to graphics, sound effects, music, video, audio,
animation, text and other creative output (collectively, "Content"),
and (ii) Content may be provided under license by independent content
providers, including contributions from other Participants (all
such independent content providers, "Content Providers"). Neualtenburg
does not pre-screen Content. YOU UNDERSTAND AND AGREE THAT NEUALTENBURG
HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT
(INCLUDING YOURS) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON
OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY
KIND.


6.2 Rights in Content. You acknowledge that Neualtenburg and other
Content Providers have rights in their respective Content under
copyright and other applicable laws and treaty provisions, that
they retain all such rights and that you accept full responsibility
and liability for your use of any Content in violation of any such
rights. You agree that your creation of Content is not in any way
based upon any expectation of compensation from Neualtenburg. You
shall indemnify and hold Neualtenburg harmless from and against any
claims by third parties that your Content infringes upon, violates
or misappropriates any of their intellectual property or proprietary
rights.


6.3 Textures and Environmental Content. During any period in which
your membership is in good standing, Neualtenburg gives you permission
to create still and/or moving pictures in-world which use or include
the "textures" and/or "environmental content" included in Neualtenburg 's
Content in the City.


6.4 Neualtenburg Treasury. You acknowledge that Neualtenburg
includes a component of in-world fictional banking. You agree that
Neualtenburg has the absolute right to manage, regulate, control,
modify and/or eliminate currency held in city accounts as it sees
fit in its sole discretion, and that Neualtenburg will have no
liability to you based on its exercise of such right.


7. INTERRUPTION OF OR CHANGES TO SERVICE

7.1 Termination. Neualtenburg has the right at any time for any
reason or no reason to suspend or terminate your Membership, terminate
this Agreement, and/or refuse any and all current or future use of
the City without notice or liability to you. Upon request from
Neualtenburg, you agree to delete any electronic or printed copies
of information or software programs that you received from Neualtenburg.
In the event that Neualtenburg suspends or terminates your Membership
or this Agreement, you understand and agree that: (a) you shall
receive no refund or exchange for any Land owned, and Land investments,
any Land Use Fees, any Linden Dollars (L$) that you hold in the
Bank or in the Treasury, or for anything else (other than potentially
receiving a refund for a portion of the initial land purchase price,
as described in this Section 7.1 below); (b) Neualtenburg will
attempt to sell at auction any land that you hold, and that any
money received from such auctions will be applied to satisfy your
existing obligations to Neualtenburg and others, as determined by
Neualtenburg in its sole discretion; and (c) in addition to any
money that you owe, you will be charged the lesser of (i) the
aggregate amount received from such auctions and (ii) one hundred
dollars ($100) (the Resale Fee) as reimbursement for costs associated
with the resale of land. Any money remaining from the sale of land
after the repayment of your obligations and the Resale Fee may be
returned to you. Notwithstanding the foregoing, no money will be
returned to you in the event that your Membership is terminated due
to suspicions of fraud, violations of other laws or regulations,
or deliberate disruptions to or interference with the City.


7.2 Interruption. Neualtenburg reserves the right to interrupt
access to the City with or without prior notice for any reason or
no reason. You agree that Neualtenburg will not be liable for any
interruption of access to the City, delay or failure to perform,
and understand that you shall not be entitled to any refunds of
fees for interruption of service or failure to perform.


7.3 Changes. Neualtenburg has the right at any time for any reason
or no reason to change and/or eliminate any aspect(s) of the City
as it sees fit in its sole discretion.


8. PRIVACY

8.1 Privacy Policy. The personal information you provide us during
registration is used for Neualtenburg 's internal purposes only.
Neualtenburg uses the information it collects to learn what you
like and to improve the City. Except as otherwise expressly permitted
by this Agreement or as otherwise authorized by you, Neualtenburg
will not give any of your personal information to any third party
without your express approval except as reasonably required by law,
as authorized by this provision or as necessary to protect Neualtenburg,
its agents and other Participants. Neualtenburg does not guarantee
the security of any of your private transmissions against unauthorized
or unlawful interception or access by third parties. Neualtenburg
can (and you authorize Neualtenburg to) disclose any information
about you to private entities, law enforcement agencies or government
officials, as Neualtenburg, in its sole discretion, believe necessary
or appropriate to investigate or resolve possible problems or
inquiries, or as otherwise required by law. You agree that
Neualtenburg may communicate with you via email and any similar
technology for any purpose relating to the City, the Neualtenburg
Software and any services or software which may in the future be
provided by Neualtenburg or on Neualtenburg 's behalf.


8.2 Neualtenburg Observation. You acknowledge and agree that
Neualtenburg , in its sole discretion, may track, record, observe
or follow any and all of your interactions within the City.


9. NO WARRANTY AND DISCLAIMER

9.1 Disclaimer. NEUALTENBURG PROVIDES THE CITY AND ALL OTHER
SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK,
AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY
KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting
the foregoing, Neualtenburg does not ensure continuous, error-free,
secure or virus-free operation of the City, the Infrastructure or
your Membership, and you understand that you shall not be entitled
to refunds for fees based on Neualtenburg 's failure to provide any
of the foregoing. Some states do not allow the disclaimer of implied
warranties, and to that extent, the foregoing disclaimer may not
apply to you.


10. LIMITATION OF LIABILITY. N NO EVENT SHALL NEUALTENBURG OR ANY
OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS,
SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS
BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH
THE CITY OR ITS SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION),
THE INFRASTRUCTURE, YOUR MEMBERSHIP (INCLUDING ITS TERMINATION OR
SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT NEUALTENBURG MAY HAVE
BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN
ADDITION, IN NO EVENT WILL NEUALTENBURG 'S CUMULATIVE LIABILITY TO
YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED TEN DOLLARS
(U.S. $10.00). Some states do not allow the foregoing limitations
of liability, so to the extent that it is impermissible, this
limitation may not apply to you. You agree that Neualtenburg cannot
be held responsible or liable for anything that occurs or results
from accessing the City.


11. INDEMNIFICATION. At Neualtenburg 's request, you agree to
defend, indemnify and hold harmless Neualtenburg, its shareholders,
partners, affiliates, directors, officers, subsidiaries, employees,
agents, suppliers, licensees, distributors, Content Providers, and
other Participants of the City, from all damages, liabilities,
claims and expenses, including without limitation attorneys' fees
and costs, arising from any breach of this Agreement by you, or
from your use of the City or Services.


12. COPYRIGHT INFORMATION. Our policy is to not respond to notices
of alleged copyright infringement. Questions concerning copyright
should be addressed to Linden Labs the company which provides our
supporting infrastructure. Neualtenburg is not affiliated with
Linden in any way. Please see Section 12 of Linden Labs corporate
Terms of Service for further instructions. The information can be
found at: http://secondlife.com/corporate/tos.php


13. GENERAL PROVISIONS. The rights and obligations of the parties
under this Agreement shall not be governed by the U.N. Convention
on Contracts for the International Sale of Goods; rather such rights
and obligations shall be governed by and construed under the laws
of the State of California , including its Uniform Commercial Code,
without reference to conflict of laws principles. Any dispute or
claim arising out of or in connection with this Agreement or the
performance, breach or termination thereof, shall be finally settled
by binding arbitration in San Francisco, California under the Rules
of Arbitration of the International Chamber of Commerce by three
arbitrators appointed in accordance with said rules. Judgment on
the award rendered by the arbitrators may be entered in any court
having jurisdiction thereof. Notwithstanding the foregoing, either
party may apply to any court of competent jurisdiction for injunctive
relief or enforcement of this arbitration provision without breach
of this arbitration provision. Neualtenburg 's failure to act with
respect to a breach by you or others does not waive Neualtenburg
's right to act with respect to that breach or subsequent or similar
breaches. You may not assign or transfer this Agreement or your
rights hereunder, and any attempt to do so is void. This Agreement
sets forth the entire understanding and agreement between you and
Neualtenburg with respect to the subject matter hereof. Notwithstanding
anything else in this Agreement, no default, delay or failure to
perform on the part of Neualtenburg shall be considered a breach
of this Agreement if such default, delay or failure to perform is
shown to be due to causes beyond the reasonable control of Neualtenburg.
All notices given by you or required under this Agreement shall
be emailed to [email]Neualtenburg@gmail.com[/email].
_____________________
Chik-chik-chika-ahh