Thank you for using EscapeLands. We want you to get the very best from our service and to enable us to deliver the very best virtual world we can, we require that your attention is brought to our Terms Of Service, which may change from time to time. We therefore urge you to watch this area of our website and check it regularly.

1. ONLINE SERVICE

1.1 Defined Terms

“Account” means the entirety of your contractual rights and obligations under this Agreement associated with a particular Account Name (defined below) you have selected for accessing the Service.

“Content” means any works of authorship, creative works, graphics, images, textures, photos, logos, video, audio, text, and interactive features.

“Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights and other intellectual property rights or proprietary rights recognized by law.

“Inworld” means within a three-dimensional virtual world environment (such as within ).

” Content” is the Content provided to you in connection with the Service, including, but not limited to Content we created or licensed from third parties subject to the license set forth herein.

“EscapeLands Software” is the software provided to you by EscapeLands Virtual World and/or its suppliers under license in connection with the Service, including but not limited to the software for accessing the Service and any other communication software, whether facilitating text-based, chat-based, voice, audio or other communication, within or outside of the Service, and any application program interfaces (the “APIs”) for use with the Service.

“Servers” are the online environments that support the Service, including without limitation: the server computation, electronic data storage, software access, messaging and protocols that simulate the Service.

“User Content” means any Content that a user of the Service has uploaded, published, or submitted to or through the Servers, Websites or other areas of the Service.

“Websites” are the websites and services available from the domain and subdomains of EscapeLands Virtual World and any related entity or successor domains from which EscapeLands Virtual World may offer the Service.

1.2 The Service exists only as long as and in the form that we may provide the Service, and all aspects of the Service, including your User Content, are subject to change or elimination.

EscapeLands Virtual World has the right to change, limit access to, and/or eliminate any aspect(s), feature(s) or functionality of the Service (including your User Content) as it sees fit at any time without notice, and EscapeLands Virtual World makes no commitment, express or implied, to maintain or continue, or to permit open access to, any aspect of the Service. You acknowledge that your use of the Service is subject to this risk and that you knowingly assume it and make your decisions to participate in the Service, contribute Content and spend your money accordingly.

EscapeLands Virtual World may, but will not have the obligation to display, maintain, or otherwise make use of, any of your User Content, and EscapeLands Virtual World may, in its sole discretion, modify, delete, or otherwise make use of User Content without notice or any liability to you or any third party. EscapeLands Virtual World reserves the right to treat User Content on the Service as content stored at the direction of users for which EscapeLands Virtual World will not exercise control except to block or remove content that comes to EscapeLands Virtual World’s attention and is offensive, obscene, abusive, illegal or otherwise objectionable to EscapeLands Virtual World, or to enforce the rights of third parties or the content restrictions set forth below (in Section 7), when notice of their violation comes to EscapeLands Virtual World’s attention. Such User Content submitted by you or others need not, however, be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Service.

1.3 Your User Content is not confidential; You represent that your Content is original to you (and/or your minor child).

EscapeLands Virtual World may now or in the future offer users of the Service the opportunity to display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) User Content. We may do this through forums, blogs, message boards, social networking environments, social communities, e-mail and other functionality. Subject to the rights and license you grant in this Agreement, you retain whatever legally cognizable right, title and interest that you have in your User Content.

Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content, (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant EscapeLands Virtual World the rights to it that you are granting by this Agreement and any Additional Terms (as defined in Section 2.2 below), all without any EscapeLands Virtual World obligation to obtain consent of any third party and without creating any obligation or liability of EscapeLands Virtual World; (b) the User Content is accurate; (c) the User Content does not and, as to EscapeLands Virtual World’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate this Agreement or any Additional Terms, or cause injury or harm to any person.

Please remember that the Service is a public forum and User Content that you submit will be accessible to and viewable by other users. Except as may be required to register and/or maintain your Account, do not submit personally identifiable information (e.g. first and last name together, password, phone number, address, credit or debit card number, medical information, e-mail address, or other contact information) on the Service.

Except as otherwise described in our Privacy Policy or any Additional Terms we provide to you, you agree that (i) your User Content will be treated as non-confidential and non-proprietary and will not be returned, and (ii) EscapeLands Virtual World does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon EscapeLands Virtual World’s request, you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with this Agreement or any Additional Terms.

1.4 EscapeLands Virtual World is a service provider and is not responsible or liable for the Content, conduct, or services of users or third parties.

You understand that EscapeLands Virtual World is a service provider that enables its users to interact online and display and communicate information and Content chosen by those users. EscapeLands Virtual World does not control or endorse the Content of communications between users or users’ interactions with each other or the Service.

You acknowledge that you will be exposed to various aspects of the Service involving the conduct, Content, and services of users, and that EscapeLands Virtual World does not control and is not responsible or liable for the quality, safety, legality, truthfulness or accuracy of any such user conduct, User Content or user services. You acknowledge that EscapeLands Virtual World does not guarantee the accuracy of information submitted by any user of the Service, nor any identity information about any user. Your interactions with other users and your use of User Content are entirely at your own risk. EscapeLands Virtual World has no obligation to become involved in any dispute that you may have or claim to have with one or more users of the Service, or in any manner in any resolution thereof.

The Service may contain links to or otherwise allow connections to third-party websites, servers, and online services or environments that are not owned or controlled by EscapeLands Virtual World. You agree that EscapeLands Virtual World is not responsible or liable for the Content, policies or practices of any third-party websites, servers or online services or environments. Please consult any applicable terms of use and privacy policies provided by the third party for such websites, servers or online services or environments.

1.5 The Service is subject to scheduled and unscheduled service interruptions and loss of server data, which you do not own and for which you will not hold us liable.

EscapeLands Virtual World may on occasion need to interrupt the Service with or without prior notice. You agree that EscapeLands Virtual World will not be liable for any interruption of the Service (whether intentional or not), and you understand that except as may otherwise be specifically provided in EscapeLands Virtual World’s billing policies, posted on applicable areas of the Service and/or Website(s), you will not be entitled to any refunds of fees or other compensation for interruption of service.

Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom. EscapeLands Virtual World owns the bits and bytes of electronic data stored on its Servers, and accordingly will not be liable for any deletion, corruption or data loss that occurs in connection with the Service. EscapeLands Virtual World will solely determine any disposition of the electronic data stored on its Servers and will have no obligation to reproduce, process, transfer, extract or recreate any data from its Servers.