ExitReality Terms of Service Agreement

By using the ExitReality Player (the "Software"), websites (the "Sites"), or by using any of the associated content linking services ("Services"), you agree to be bound by these Terms of Service and by ExitReality's Privacy Policy, which are collectively referred to as the "Agreement."  Please read the Agreement carefully.  If you do not accept the terms of the Agreement, then you may not use the Software, nor access the Sites or any of the Services.  You can accept the Agreement by:

• (a) clicking the "SIGN UP" button on the installation webpage,

• (b) clicking the "Sign Up" button on the Sign Up form within the Software, or

• (c) by actually using the Software, Sites or Services.  In this case, you understand and agree that your use of the Software, Sites or Services will be deemed to be an acceptance of this Agreement from that point onwards.

You represent and warrant that you have the adequate legal capacity to enter into this Agreement.

Grant of Rights

ExitReality grants you a non-exclusive and non-transferable, royalty-free license to use the software and accompanying documentation.

The Software is subject to copyright. You may make a single copy of Software for archival purposes, but, unless you have been specifically authorized to do so in a written agreement with ExitReality, you agree that you will not copy, sell, trade or otherwise distribute the Software for any other purpose. Title to the Software and all associated intellectual property rights is retained by ExitReality and/or its licensors. You may not modify, decompile, or reverse engineer the Software. No right, title or interest in or to any trademark, service mark, logo or trade name of ExitReality or its licensors is granted under this Agreement.

Modification

ExitReality may modify this Agreement from time to time for any reason and without notice.  Each revision will be marked with a revision date and will be posted on the extreality.com website.  Although you may be asked to indicate your assent to the terms of this Agreement only once (e.g., when you register for an ExitReality account), the terms of this Agreement, as modified by ExitReality from time to time, will govern all use of the Software, Sites and Services.  By continuing to use or access the Software, the Sites or any of the Services, you agree to be bound by the Terms of Service in effect at the time of such use or access.

Description of Service

ExitReality Player turns every valid URL into a virtual 3D space.  It also gives you an easy way to turn your existing website into a personalized 3D environment, and to invite others to visit. Once you are logged in you can see and chat with other users, and see and interact with the decorations that the site owner has placed in the virtual 3D space. Website links can be followed, either into other 3D websites or to 2D pages opened in normal browser windows. By opening links as 3D websites you are able to view the internet as a series of connected 3D cyberspace environments.

ExitReality is constantly developing and improving the Software for the benefit of its users.  You acknowledge and agree that the form and nature of the Software, the Sites and the Services may change from time to time without prior notice being given.

You acknowledge and agree that all of the information stored on ExitReality’s servers is owned by ExitReality. This specifically includes information relating to user accounts.

You acknowledge and agree that if ExitReality disables or deletes your account you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

You acknowledge and agree that while ExitReality may not currently have set a fixed upper limit on the number of links that you may make to User Content through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by ExitReality at any time, at ExitReality’s sole discretion.

Accounts, Passwords and Website Registration

In order to access certain features of the Software you must create an ExitReality account. Once you have created an account, you will be a "Registered User." Registered Users need to have the ability to edit the 2D webpage in order to register their website with the ExitReality server and thereby make the associated 3D world persistent and visible to other users.  This provides protection against users making changes to a virtual 3D space without the permission of the Registered User who controls the Registered Website.

When you are signed in to your account ExitReality will notify any buddies that you have added of the URL that you are viewing in 3D, so that they can easily visit you and share the experience of the virtual world. You agree that this information can be made available to other ExitReality users. Please see our Privacy Policy for more information.

You are responsible for safeguarding the password that you use to log in to ExitReality.  You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions.  You agree to immediately notify ExitReality of any unauthorized use of your password.  In creating an account and registering your websites, you agree to provide accurate, current and complete information, and to promptly update that information as necessary.  ExitReality will have no liability for failure to deliver notices that result from inaccurate account information.

Use of the Software and Service by you

You agree that any registration information you give to ExitReality will always be accurate, correct and up to date.  If you are under 13 years of age you will need parental consent to register.

You agree to use the Software and Services only for purposes permitted by:

• (a) the Agreement, and

• (b) any applicable laws or generally accepted practices or guidelines in the relevant jurisdictions.

Additionally, and without limitation of the foregoing, you agree that you will not use the Software or the Service to:

• (a) make available any User Content that is threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or otherwise objectionable,

• (b) stalk or otherwise harass other users,

• (c) impersonate any person or entity,

• (d) disrupt the flow of normal dialogue or negatively affect the ability of others to chat in real time, or

• (e) engage in any activity that interferes with or disrupts the Software, the Sites, the Services or the networks which are connected to the services.

You agree not to access (or attempt to access) any of the Services by any means other than through the Software that is provided by ExitReality, unless you have been received permission to do so in a separate written agreement with ExitReality.  You specifically agree not to access (or attempt to access) any of the Services through any automated means.

You agree that you will not attempt to develop or use programs which:

• (a) harass other users,

• (b) infiltrate or gain unauthorized access of any kind to the Services,

• (c) damage the Services,

• (d) alter the software components of the Services, or

• (e) attempt to infiltrate, or gain unauthorized access of any kind to other systems via the Software or Services.

You agree that you are solely responsible for (and that ExitReality has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which ExitReality may suffer) of any such breach.

Account Termination by ExitReality

ExitReality does not monitor the activities of users of the ExitReality Player software and accepts no liability with respect to those activities.  ExitReality does however reserve the right at all times to disable the accounts of Registered Users and delete any information associated therewith for any reason whatsoever, including, without limitation, a breach of any part of this Agreement.

You Must Have the Appropriate Rights to Use Content

You shall not make available, via the Software, any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.  You are responsible for determining whether any copyright, trademark or other proprietary right protects such material.

Proprietary Rights in Content Not Affected

ExitReality does not claim any ownership rights in any User Content that is linked to via the Software.  After linking User Content to your virtual 3D space, all ownership or license rights in the User Content remains with the copyright owner and they continue to have the right to use the User Content as they did prior to such linking.

Your Warranty to ExitReality

You warrant to ExitReality that you have the required rights to make the content that you link to available through the ExitReality Player.  This content may be made publicly available through the ExitReality system in various ways.  This may mean that you need to obtain permission from the owner of the content with respect to copyright, trademarks or other proprietary rights.  You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any linking or uploading.

Advertisements

The Software is supported by advertising revenue and may display advertisements and promotions supplied by its partners within the Software and within the virtual 3D space that the Software creates.  These advertisements may be targeted to the content of information stored on the Services, queries made through the Software, Sites and Services or other information.

The manner, mode and extent of advertising by ExitReality within the Software are subject to change, without specific notice to you.

In consideration for ExitReality granting you access to and the right to use the Software and the Services, you agree that ExitReality may place such advertising within the Software.

Certain Risks

You acknowledge that there are certain risks inherent to the use of the Software.  These include, but are not limited to, disclosure of confidential information (including personal details), the improper operation of the Software (such as failing to function or to function correctly), and the risk that third parties directly, or impersonating themselves as someone they are not, will contact you or attempt to contact you as a result of ExitReality's provision of and/or your use of the Software.  If you publish personal information, there is a possibility that third parties could harass you, attempt to contact you, and, try to harm you.  Therefore, it is important that you carefully consider before disclosing and publishing personal information and that you understand that any such disclosure and publishing are made by you at your own risk.

Without limitations to the generality of the aforesaid, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, the Software, as with most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured.  By using the Software and the Internet in general, you may be subject to various risks, including among others eavesdropping, sniffing, spoofing, forgery, spamming, impersonation, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, denial of service attacks, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information received or delivered on and through the Software may be subject to other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. The Software is not different than other applications in this respect and you can be assured that our developers take every precaution to guard against these risks.

Information

You agree to evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any information received on or through the Software.  ExitReality shall not be obligated to actively monitor the information users deliver or send on or through the Software and shall not be responsible for any information received on or through the Software.

Exclusion of Warranties

ExitReality does not warrant or guarantee:

• (a) that any information received on or through the Software will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties;

• (b) that the information received on or through the Software will not contain adult-oriented material, or material which some individuals may deem objectionable;

• (c) that any filtering or blocking mechanisms implemented within the Software will operate as intended; or

• (d) that any content restriction mechanisms will operate as intended, or

• (e) that the functions or services performed by ExitReality will be uninterrupted or error-free or that defects in the Software will be corrected.  

It is the sole responsibility of the user to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage the user's information or system.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT EXITREALITY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

IN PARTICULAR, EXITREALITY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

• (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

• (b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

• (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND THAT

• (d) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR OTHER DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXITREALITY OR THROUGH OR FROM THE SOFTWARE, SITES OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXITREALITY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limited Liability

IN NO EVENT WILL EXITREALITY BE LIABLE TO ANY PARTY:

• (a) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE, THE EXITREALITY SERVICES, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER 'INFORMATION', EVEN IF EXITREALITY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE;

• (b) FOR ANY CLAIM ATTRIBUTABLE TO DELAYS, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION;

• (c) FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION; OR

• (d) IF ANY INFORMATION INFECTS OR CONTAMINATES A USER'S SYSTEM OR INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EXITREALITY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Construction

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Headings

The headings and captions used in this Agreement are inserted for convenience only and will not affect the meaning or interpretation of this agreement.

Transfer of Rights

ExitReality may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent.  You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.  For example, and without any limitation, you shall not transfer, assign, sell or offer for sale ExitReality account information, nor purchase or receive such ExitReality account information from any third party.

Survival

The provisions of this Agreement addressing restrictions on use, disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law shall survive the termination of this Agreement and your use of the ExitReality Software, Sites and Services.

Governing Law and Forum

This Agreement and the Terms of Service shall be governed by and construed in accordance with the laws of England and Wales.

Last updated: 12 June 2008