The Social Mouse Owner(s) :
This List represents AUTHORIZED and Verified Founders,
Ceo: Social Mouse
The terms “Social Mouse”, “we”, “us”, and “our” refer to Social Mouse and it’s Parent Company, CassComm Corp.
We use the terms “Social Mouse Services” or “Services” to refer to our products, software, services or website.
We use the terms “you”, “your”, and “user” to refer to any person using Services.
We use the term “Virtual World” to refer to a 3D virtual environment that can be visited by avatars belonging to our users or users of third-party service providers (such as other OpenSim grid operators)
TERMS OF SERVICE
Use of The Social Mouse Services and/ or Grid.
Any Persons obtaining SERVICES from The Social Mouse or affiliated entities agree to the following terms of usage
The Social Mouse ACCEPTABLE USE POLICIES AND TERMS OF SERVICE FOR CUSTOMERS
Casscomm Corp. (the “Company” , “we” or “us” “The Social Mouse) offers The Social Mouse Services /Grid to you, provided that you are either (1) of legal age to form a binding contract and are not a person barred from receiving The Social Mouse Services under the laws of the United States, Canada and/or other applicable jurisdiction; or (2) operating during your use of the The Social Mouse Services under the supervision of a person of legal authority to form such a binding contract on your behalf, under the laws of the United States, Canada or other applicable jurisdiction (“you” or the “User”). We recommend that you keep your account password safe and secured. Please notify us of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to keep your account secure.
NO RESPONSIBILITY FOR CONTENT
The Social Mouse Services/Grid provides server use for a Virtual World; The Social Mouse Services / Grid has no responsibility for the content that you access through the Services and does not guarantee the accuracy, integrity or quality of such content; The Social Mouse Services/Grid assumes no responsibility for the timeliness, deletion, or failure to store any user communications, personalization settings, or content. If a user chooses to stream his/her video, music, audio or other content into The Social Mouse Services/Grid directly or using a streaming relay host, the content and any copyright/royalty fees and any other possible issues are the user’s responsibility.
REGISTRATION TO THE SOCIAL MOUSE SERVICES/GRID
In order to access The Social Mouse Services/Grid, you will need to open an account with us (“Social Mouse Account”).
Please note that upon registration to The Social Mouse Services/Grid via our website may require real identification information (e.g. Your E-mail address.).
As part of The Social Mouse Services / Grid, any User may either create a virtual space that will be stored on The Social Mouse Grid Servers or visit Virtual Worlds created by others, Any restriction of Access, as defined by the relevant Region Owner, Region Manager or relevant personnel (as such term is defined below).
Virtual World sizes are measured in the number of units (“Regions”) they contain. Each Region is equal to 65536 virtual square meters.
REPRESENTATION AND LIMITATION OF REGION OWNERS
A Region Owner is a User who has created a Virtual World.
Each Region Owner is responsible for managing his or her Virtual World(s) and will be put in charge of controlling the activity of the Users who visit her or his Virtual World(s) (“Your Visitors”).
A Region Owner may designate access restrictions, in order to prevent certain Users from entering or being a part of his or her Virtual World(s) in any way (“Access Restrictions”). You hereby undertake that you shall proactively institute such Access Restrictions to comply with all applicable laws and prevent violations of these Terms by Your Visitors.
PRIVACY AND SECURITY
Information regarding your service usage that is available to The Social Mouse Services/Grid will be maintained in confidence except for when required by law (e.g., a lawful subpoena), disclosures of general information that does not refer to the user’s identity, and disclosures for billing, collection or enforcement purposes. You are responsible for maintaining the confidentiality of any password and account credentials and are fully responsible for all activities that occur under your password or account. You agree to immediately notify The Social Mouse Services/Grid of any unauthorized use of your password or account or any other breach of security if this affects your services from The Social Mouse Services/Grid.
You agree to not use The Social Mouse Services/Grid to do anything unlawful, misleading, malicious, or discriminatory.
You agree to not use The Social Mouse Services/Grid to bully, intimidate, or harass anyone.
You agree to not use The Social Mouse Services/Grid to threaten or incite violence against anyone.
You agree to not upload, download, modify, copy, store, adapt, make available (whether publicly or not), translate, reverse engineer, decompile, disassemble or use any information, data, text, software, music, sound, photographs, graphics, 3D models, video, messages or other materials (“Content”) in The Social Mouse Services/Grid, without written expressed permission or license to do so.
You agree to not upload, create, modify, copy, store, or use viruses or other malicious software in The Social Mouse Services/Grid, including, but not limited to, any “worm”, “Trojan horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
You agree to not upload any Content which may infringe any third party intellectual property rights, including copyright, trademarks, etc.
You agree to not use The Social Mouse Services/Grid to send or otherwise post unauthorized commercial communications (such as spam).
You agree to not do anything that could disable, overburden, or impair the proper working of The Social Mouse Services/Grid or any other organization or individual.
You agree to not solicit The Social Mouse Services/Grid login information or access a Social Mouse Account belonging to someone else.
You agree to not upload Content which is not appropriate for the age of the other users in the applicable Virtual World(s).
You agree to not create an API or GUI around The Social Mouse Services/Grid or parts thereof (e.g. no “frames”) without our explicit prior written consent.
You agree to not interfere with or violate users’ right to privacy or other rights, or harvest or collect personally identifiable information about users without their express consent, including using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve index and/or data-mine information.
You agree to not falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, with The Social Mouse Services/Grid, or express or imply that The Social Mouse endorses or is in any way affiliated with you, your website, your business or any statement you make, or present false information about this site.
You agree to not create a database by systematically copying and storing all or any of The Social Mouse Services/Grid’s Intellectual Property (as shall be defined below).
Please be aware that the Content displayed through the Virtual World(s) has been uploaded by Users of The Social Mouse Services/Grid and not by The Social Mouse. We can, therefore, take no responsibility if you find such Content offensive, indecent or objectionable.
Please do not access The Social Mouse Services/Grid by any means other than through the interface that is provided by the Company for accessing The Social Mouse Services/Grid.
The Social Mouse Services/Grid is unable to authorize legal access to children under the age of 18, If you are not yet 18 years old, you must wait until you turn 18 before you can create a Social Mouse Account. If The Social Mouse Services/Grid learns that it has collected personal information from a child under the age of 18 it will handle such information according to any applicable law.
Users outside of the United States and/ or Canada will have to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States and/or Canada or your country of residence.
CURRENCY USE LICENSE
AVAILABILITY OF THE SOCIAL MOUSE SERVICES/GRID
Access to The Social Mouse Services/Grid may not be available at all times or in all areas. The Social Mouse Services/Grid reserves the right to modify or discontinue, temporarily or permanently, The Social Mouse Services/Grid, with or without any notice to you. You agree that The Social Mouse Services/Grid shall not be liable to you or to any third party for the content or any modification, suspension, or discontinuance of The Social Mouse Services/Grid and/or any of the Content (including, without limitation, User Generated Content (as defined below)) presented therein.
We take great care in maintaining the security of The Social Mouse Services/Grid and your information and in preventing unauthorized access to it through industry standard technologies and internal procedures. However, we do not guarantee that unauthorized access will never occur.
THIRD PARTY SITES /SERVICES
Customer shall indemnify and hold The Social Mouse Services/Grid, and its parent company. subsidiaries, affiliates, officers, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content submitted or transmitted by Customer through the Service, Customer’s use of the Service, Customer’s connection to the Service, Customer’s violation of The Social Mouse Services/Grid’s Acceptable Use Policy/TOS, Customer’s violation of local, state, federal or international law, or Customer’s violation of any rights of another person or entity through use of the Service.
The Services will commence on the date User’s order is accepted by The Social Mouse Services/Grid (the “Effective Date”) and will continue on the basis of successive monthly billing periods (with the first day of each billing period being a “Billing Date”) thereafter until terminated by either party.
The Social Mouse Services/Grid may suspend all or any portion of the Services at any time when fees are due and unpaid. Any fees due under this Agreement are net of any sales or use taxes, all of which are the sole responsibility of User. At the end of each monthly agreement, you will receive an invoice notifying you of the renewal of The Social Mouse Services.
Users whose billing accounts are paid current and are in good standing are permitted to receive an “OAR” file of their owned regions’ content upon request. This OAR file is simply a backup file which can be used to place the content online in another virtual world or another region. The Social Mouse Services/Grid does not guarantee the usability of this file in any way. If these conditions are met, The Social Mouse Services/Grid will create the file which will contain only items which the user has “Full Permission” rights and we shall notify the owner of a web location where they can download the file. The Social Mouse Services/Grid reserves the right to deny the user’s request at the sole discretion of The Social Mouse.
If The Social Mouse Services/Grid has canceled services to you for any reason, there will be a $10.00 USD charge to reload each region’s content you own in addition to paying any past due amounts and/or late charges to bring your billing account current. The Social Mouse Services/Grid does not guarantee we will retain any backups of your services after cancellation and the ability to re-activate your services using backup files is subject to availability of these files.
You may discontinue your use of The Social Mouse Services/Grid at any time. You agree that The Social Mouse Services/Grid may at any time and for any reason terminate your access to The Social Mouse Services/Grid, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access toThe Social Mouse Services/Grid, your account or any files or other content contained in your account. The following sections of the Terms shall survive expiration or termination: Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations, Choice of Law, Waiver and Severability, and Statute of Limitations.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SOCIAL MOUSE SERVICES/GRID IS AT YOUR SOLE RISK. THE SOCIAL MOUSE SERVICES/GRID ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOCIAL MOUSE SERVICES/GRID AND PARTNERS EXPRESSLY DISCLAIM 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.
THE SOCIAL MOUSE SERVICES/GRID AND PARTNERS DO NOT WARRANT THAT (1) THE SOCIAL MOUSE SERVICES/GRID WILL MEET YOUR REQUIREMENTS, (2) THE SOCIAL MOUSE SERVICES/GRID WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOCIAL MOUSE SERVICES/GRID WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOCIAL MOUSE SERVICES/GRID WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOCIAL MOUSE SERVICES/GRID IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SOCIAL MOUSE SERVICES/GRID OR THROUGH OR FROM CASSCOMM CORPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. 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 ABOVE LIMITATIONS IN SECTIONS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND CASSCOMM CORP AGGREGATE LIABILITY WILL BE LIMITED TO THE SUM OF ONE DOLLAR ($1.00).
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that The Social Mouse Services / Grid may provide you with notices, including those regarding changes to the Terms, by email, social networks, instant messages, virtual world messages, regular mail, or postings in The Social Mouse Groups or Website.
The Terms (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and The Social Mouse Services / Grid and govern your use of The Social Mouse Services / Grid , superseding any prior agreements between you and The Social Mouse Services / Grid for the use of The Social Mouse Services / Grid . You also may be subject to additional terms and conditions that may apply when you use or purchase certain other The Social Mouse Services, affiliate services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
The Terms and the relationship between you and The Social Mouse Services / Grid shall be governed by the laws of the UNITES STATES without regard to its conflict of law provisions. You and The Social Mouse Services / Grid agree to submit to the personal and exclusive jurisdiction of the courts located within Pennslyvania, USA.
WAIVER AND SEVERABILITY OF TERMS
The failure of The Social Mouse Services / Grid to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The Social Mouse Services / Grid or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
In addition to the above Terms of Service by using you must also agree to and accept all The Social Mouse Services / Grid Policies – BY Utilizing our services you hereby agree and accept these Terms of Service.
FREE LAND RECLAMATION
The Social Mouse Services/ Grid reserves the right to reclaim any land which was previously provided to any user free of charge for any reason. If the said land is reclaimed, all objects on the land will be returned to the owner’s inventory.
Terms Revision Date
This document was last updated on April 12, 2019.
The section headings in the Terms are for convenience and readability only and have no legal or contractual effect.