Avalonia Estate

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Avalonia Estate & Land Rental Terms of Service Agreement

By registering an account with Avalonia Estate, or by purchasing a region rental product and/or continuing to use The Service, or visiting Avalonia Estate via the HyperGrid, you are accepting and agreeing to the following Terms of Service agreement in full, and you agree to be bound by its terms.  If you do not wish to accept this agreement, do not register an account, or visit Avalonia Estate via the HyperGrid,  and you are forbidden to use The Service.

The Following Terms are used in this Terms of Service , and the terms shall have the following meanings.

“Avalonia Estate” - shall mean the brand and virtual world of Avalonia Estate, as well as the OpenSim land rental hosting provider as a whole, meaning all the servers, and hardware, websites, forums, and shall be considered as the brand name to encompass the whole, which is owned and operated wholly by Lee Doyle in world name “Justin Ireman”.

“The Service” - shall mean anything that refers to the technology, software, virtual world environment, websites, forums, anything that Users interact with to make the virtual world or region rental products possible, and for Users to access the virtual world environment.

“Account Holders” - shall mean anyone who has signed up and created an account with Avalonia Estate, or has purchased a land rental product, whether as a standalone region, or part of a public OpenSim grid.

“HyperGrid Visitor” - shall mean any User from a foreign grid not under the control of Avalonia Estate or The Management, that has chosen to access The Service by use of HyperGrid Teleport technology, but who hasn’t created an account to become a full Account Holder.

“Land Rental” - shall mean any land product that has been rented from Avalonia Estate, and consists of an OpenSim simulator, or better known as a “region” or “a sim”

“The Management” - shall mean the owners, staff (paid or unpaid), volunteers, authorised helpers, who are in a position of authority who have authorisation to make decisions in world, to provide support, in and off the virtual world, such as through forums or the support ticketing system, and are authorised to address disputes or make decisions on behalf of the owners  of Avalonia Estate.  These people are denoted by the wearing of a group tag “AE Management”

“Users” - shall mean either Account Holders or HyperGrid Visitors, and is used when the distinction is not important, and is simply used to refer to all those that use The Service as a whole.

“User Content”  - shall mean any User Content that is uploaded or created by Users, such as images, sounds, scripts, note cards, written works, textures, prims, meshes, scuplties, and animations.

“Voice Server” - shall mean the Avalonia Estate TeamSpeak3 Voice Server which allows Users to chat using voice technology.

1. What is Avalonia Estate?

Avalonia Estate is a virtual world grid service, and OpenSim land rental hositing provider, and is intended for over 18s only.  Basic access to Avalonia Estate grid is provided on a free of charge basis to its Users on an “as-is” basis.  No guarantee, or warranty is being offered or implied that The Service will work without faults, or representation being made that The Service is anything other than what it appears to be, a free to use, virtual world platform provided for entertainment purposes only.  Avalonia Estate is a service provider and is not responsible for user generated content.

2. Accessing Avalonia Estate

To become an Account Holder, and have full access to Avalonia Estate, you will need to become a member of our grid.  You can become a member of the grid by joining using the Sign Up links on the main website. The Managment, reserve the right to remove, deactivate, or decline pending or previously approved account registrations, or recently created accounts at its sole discretion, if the integrity of the grid is at stake, or if your actions give rise to the need to suspend or close your account. If your account registration is removed, deactivated, or declined, for any of the reasons mentioned above, no form of negotiations or appeal process will be entered into, or accepted.

2a. Accessing Avalonia Estate Via The HyperGrid

Hypergrid Visitors, that do not specifically create accounts with Avalonia Estate, but visit the grid via HyperGrid Teleport functionality, are still bound by the majority of Avalonia Estate Terms of Service, the only exceptions would be clauses and terms that relate specifically to Account Holders.  By visiting Avalonia Estate via the HyperGrid, you hereby accept and agree to these Terms of Service.  HyperGrid Visitors that breach these Terms of Service will be IP banned and ejected from the grid.  If you cannot agree to these Terms of Service, you are forbidden to visit Avalonia Estate via the HyperGrid.  Only limited access is available to Avalonia Estate for HyperGrid visitors, to gain full access, you must become a full account holder.

3. Enhanced Paid-For Features

Avalonia Estate provides certain paid for features, to enhance the entertainment experience of Account Holders.  These paid for features can be taken up by any Account Holder at their own free will and discretion.  These paid for features are not required for a basic account.  Paid for features may be amended or withdrawn at any time.  Paid for features are subject to additional Terms of Service, and Account Holders will be required to accept and agree to these additional Terms of Service before being given access to the said features.

4. Service Availability

No guarantee is being made toward service availability.  The Avalonia Estate grid, and back-end data services are hosted on  dedicated server hardware in a professional data-centre in Europe.  However, Avalonia Estate may be down due to software or hardware failure, faults, or maintenance.  Although The Service is intended to be online and available 24/7, it is understood that actual service availability may be less than this.

5. Voice Server

Avalonia Estate provides access to two different voice services based upon the the type of account you hold, and the service product you chose if renting a region from us.  

TeamSpeak3 Voice is the preferred voice service solution for Avalonia Estate grid, and standalone regions.  Those renting regions from Avalonia Estate as part of Avalonia Estate grid, will not get a choice, and will automatically be provided with access to the TeamSpeak3 voice server.  Those renting regions from Avalonia Estate for use outside of the Avalonia Estate grid, such as standalone regions, or as part of other public OpenSim grids, may prefer to use Vivox voice.  

For this the Account Holder would need to contact Vivox and request an account with them and obtain a username and password.  These details would then need to be passed to Avalonia Estate to enable and provide access to Vivox voice on your Land Rental product.  You, the Account Holder, would be solely responsible for your Vivox account and to ensure you have, and can provide the correct connection information.  Avalonia Estate cannot provide or acquire a Vivox voice account for you, and you, The Account Holder, shall remain liable to Vivox for your account and complying with any and all terms and conditions associated with your Vivox voice account.

The Voice Server is made available to Avalonia Estate Account Holders, and other Users, though this access may be limited at times.  To connect to the Voice Server Users will be required to obtain third party software (see the Voice page for more information)  and require the current password to connect to the system.  This password may be changed from time to time.

The Voice Server provides other features other than just voice, such as file transfers, and Instant Messaging (IM) including offline IM storage.  When using the Voice Server, Users should still conduct themselves in accordance with the Community Standards as outlined in this Terms of Service document.

Users shall NOT use the Voice Server file transfer facility, to upload, download, store, or share illegal or prohibited content with other Users.  Users shall NOT use the Voice Server file transfer facility, to upload, download, store, or share any content that they do not either own the copyright to, or to which they do not specifically have an appropriate licence to use or share.

Users who are deemed to be abusing the Voice Server, or other Users on the Voice Server, their access may be limited or removed completely.

6. Creativity and Intellectual Property Rights

Users of Avalonia Estate retain the Intellectual Property rights to any User Content they create within The Service, however, the digital files that go to make up the User Content in world reside on the server(s) hosting Avalonia Estate, and you accept that such digital User Content must reside on The Service for you to be able to use it, and this digital User Content will also be displayed to other Users in the normal use of The Service.  It is the creators responsibility to make backup copies of any such digital User Content that they create, as neither Avalonia Estate, or The Management,  will be held liable for any loss of digital User Content held within The Service.

You agree that by uploading, publishing, or submitting any User Content to or through the servers, web sites, or other areas of The Service, you confirm that you are the lawful, and legitimate copyright holders of such User Content, and you further agree not to upload, publish, submit or perform any User Content that you do not specifically own the copyright or licence to use.   Such User Content if found in violation of this clause within The Service, may be removed without your consent if required to do so by law.  

Users hereby automatically grant Avalonia Estate, a non-exclusive, worldwide, perpetual, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content solely for the purposes of providing and promoting Avalonia Estate.

Users understand that this license enables Avalonia Estate to display, distribute, promote, and improve The Service. You agree that the license includes the right to copy, analyse and use any of your User Content as Avalonia Estate may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with The Service and future improvements to Avalonia Estate only.

7. OpenSim OAR - IAR Extraction

Due to the security risk posed to Content creators and their User Content and IP, Avalonia Estate will NOT provide copies of residents regions or inventories using the OpenSim OAR, and IAR backup archives, upon their account termination, or when the User chooses to move to another virtual world grid. Although we do believe in freedom, and the right to move around to other grids and virtual worlds - hence we are open on the HyperGrid - we also believe that protecting content creators IP and User Content is just as important.  When you choose to join Avalonia Estate, and upload and or buy User Content in world, you assume the risk that should you decide to leave the grid one day, you will loose access to the User Content you have made or purchased.  User Content that you have specifically created should be backed up by the User at the time of creation to prevent loss.  

8. Jurisdiction

The Service is hosted within the European Union and is subject to European Law.  The United States DMCA law has no jurisdiction here, and DMCA take down requests will not be honoured.  However, European copyright law will be honoured and requests should be made under such relevant law.  International Users connecting to The Service outside of the jurisdiction, accept that The Service has servers physically located within Germany and the UK,  in the European Union, and should any dispute or legal matter arise, hereby accepts and agrees that any and all complaints will be subject to, and determined by UK law and or a European court of law.  No other jurisdiction, or court of law outside the jurisdiction will be acknowledged or recognised.

9.  Copy Protection

Regrettably, due to the nature of the Internet and limitations with computers and software, it is possible for digital User Content placed in The Service to be maliciously copied by other Users using non-sanctioned methods.  It should therefore be assumed that if you place User Content in world – known as rezzing, then copies might be taken of such User Content, you acknowledge that this is the risk of placing digital User Content in ANY virtual world environment, or digital medium.  If you wish to prevent your User Content from being copied either maliciously or legitimately, then do not rezz or place your User Content in world.  Although Avalonia Estate respects your IP, technology exists that allows Users to copy User Content, which are outside our control.  Efforts are taken to ban and prevent such viewers from connecting to The Service, and wilful abusers of this clause will be banned from The Service, however, Avalonia Estate, nor The Management, cannot be held liable for any malicious User Content copying by the Users of Avalonia Estate.

By default, Avalonia Estate is setup, not to allow any User Content created within, or uploaded to The Service, to be used on any other grids.  Avalonia Estate uses the OpenSim “My Suitcase” inventory protection system, this prevents User Content from leaving our servers when Users visit other grids via the HyperGrid, and conversely prevents User Content that is purchased on our grid by so called “foreign” OpenSim HyperGrid visitors to Avalonia Estate, from leaving our grid and servers, when they return back to their own grids - effectively meaning they can only use the User Content when they are in within The Service.

10. No Minors Allowed

Avalonia Estate is an adult virtual world environment, and is intended for those over the age of 18 years of age in real life only. Therefore you must be 18 years of age or older to register an account on The Service. By registering an account with Avalonia Estate, you are confirming you are of a sufficient adult age.  Account Holders may be required to provide proof of their real life age on request, this may be achieved via various methods.  Any Account Holder that refuses to provide the required proofs when requested to do so, will have their accounts terminated with immediate effect.

Adult User Content may be available in world such as sexual animations, sounds, videos, as well as crude adult language or role play, if you are offended by such things you should avoid using The Service.

11. Avatar Appearance

Avalonia Estate strictly prohibits child avatars within The Service.  You must ensure that your avatar resembles an adult human, or some form of furry or alien species.  This is to prevent legal problems and liabilities to avoid the appearance of encouraging child sex, or promoting paedophilia.  Any User caught using a child avatar – an avatar with the appearance of an undeveloped body (breasts for females, and undeveloped muscular chest structure for males, will be asked to change their appearance, if they refuse to, their accounts will be closed and deleted without further notice.  Child sexual age play is strictly prohibited.

12. Closure of The Service

Avalonia Estate may be ceased or closed at any time without notice. Although this is not intended, if unforeseen circumstances require the closure of The Service, all accounts will be terminated and closed, and all digital User Content will be lost. Under such circumstances, you will no longer have access to The Service.  Under these circumstances, Avalonia Estate, nor The Management shall not be held liable to you for any such loss, financial or otherwise, in any way.  This is a risk that Users accept when they join The Service.

13. Indemnity and Liability

In no event shall Avalonia Estate, The Management, or any of its officers, employees or volunteers, be liable to you or to any third party for any special, incidental, indirect, consequential, reliance, punitive or exemplary damages or disgorgement or comparable equitable remedy, including without limitation any damages for lost data or lost profits, arising (whether in contract, tort, strict liability or otherwise) out of or in connection with The Service (including its modification or termination), the OpenSim software, the websites, the servers, your account (including its termination or suspension) or this agreement, whether or not Avalonia Estate may have been advised that any such damages might or could occur and notwithstanding the failure of essential purpose of any remedy.

14. Termination of Account

Accounts can be closed by Account Holders by requesting your account to be closed at any time.  Accounts that remain inactive for 90 days or more - ie not logged into Avalonia Estate - will be closed and removed.  Under such circumstances any of your digital User Content held within The Service will remain in The Service, however, you will no longer have access to it.  Accounts may be suspended or closed permanently if a user breaches, or gives notice they intend to breach any of the terms mentioned in this Terms of Service agreement.

15. Community Standards

Avalonia Estate is about community, we believe that everyone should be treated fairly, and tolerantly.  Harassment and abuse will not be tolerated, and any User found to be harassing or abusing another User will be dealt with swiftly.  Any harassment based on the gender, religion or racial ethnicity of another user will be dealt with swiftly after an investigation, and may result in the  closure of your account without notice.  As adults, and as an adult grid, we accept that crude adult language, and sexual themes and User Content may be found in world and discussed or used amongst consenting adults.   Please treat other Users and their virtual property with respect, just as you would do so in real life.

16. In World Virtual Currency

Avalonia Estate is a member of the Open Metaverse Currency system.  This allows The Service to operate with an in world currency similar to other virtual worlds.  It is not necessary for Users to use this currency system to make use of The Service, however, certain features and elements of The Service will be limited without use of the currency system.  

To use the currency system, Account Holders have to have a VirWox account (www.virwox.com), that has been created from, and linked with Avalonia Estate grid.  It is the Account Holders responsibility to ensure you sign up for and maintain a suitable VirWox account to make use of the currency system.

It is the Account Holders responsibility to accept and agree to any terms and conditions associated with your VirWox account. Any problems, or technical issues associated with your Virwox account, or the Open Metaverse currency, should be directed to VirWox.  Avalonia Estate, and The Management, does not own, control, or in anyway have influence over the way the Open Metaverse Currency functions.  Avalonia Estate nor The Management CANNOT be held liable for any currency transaction problems, or theft, loss, or fraud, or non delivery of items acquired by use of the currency.  Any non delivery of items purchased using the currency, should be addressed towards the merchant from whom you purchased the items.

17.  Mental Health & Perspective

Avalonia Estate is a Virtual World, it only exists inside cyberspace.  Virtual Worlds can be fun, thrilling and deeply emotional, especially if you get close to people as friends or in a virtual relationship.  Sometimes by mutual consent, a virtual friendship or relationship will cross over into real life, and this can be a wonderful or devastating thing.  However, most of the people you meet or get close to, wish to remain as virtual friends or partners only.  Therefore we recommend that you do not give out any real life contact details to the people you meet in a virtual world, as you cannot verify their real identities.  It is possible for people to claim to be people they are not, including being of a different gender, nationality, or marital status.  If you decide to disclose your real life contact information to those you meet in Avalonia Estate, you do so at your own risk and judgement.

It is important that you are in a sound state of mind when you join and use Avalonia Estate or any virtual world, and you understand the difference between a virtual world and real life.  Avalonia Estate, nor The Management are mental health practitioners, and so cannot define what being in a “sound state of mind is”, if you need clarification on this, we recommend that you seek the services of a mental health practitioner.  Avalonia Estate and The Management recommends that you do not allow your time in the virtual world to take priority over your real life responsibilities.  You should know the difference between real life and virtual life.  If you cannot tell the difference we recommend that you cease using ALL virtual worlds with IMMEDIATE effect.  

18. Amendments to Terms of Service

These Terms of Service may be updated in the future.  So please do periodically check this page for any changes. Any changes will take effect 30 days from the date of the amendments, unless accepted and acknowledged via a click through message at login.

Updated Terms of Service will be notified to Account Holders by any of the following methods, email, in world group notices, forum messages, IM, or click through acceptance message at login.  If you do not agree with the amendments, you have 30 days to notify Avalonia Estate of your non-agreement and terminate your account.  If you accept an updated Terms of Service Agreement via click through message at login, The Terms of Service will come into effect immediately.  If you do not so inform Avalonia Estate of your non-agreement to the amended Terms of Service, then it shall be taken that you have agreed, and wish to continue using The Service under the amended Terms of Service.

Rev 22/11/2013