We (the staff at Tranquility With Serenity (http://tranquilitywithserenity.live/)) are on a mission to make our Second Life location a fun place to hang out in. We hope you enjoy our location and services! These Terms of Service ("Terms") describe our commitments to you, and your rights and responsibilities when using our services, including the Tranquility With Serenity and/or CG Productions website and forums. Please read them carefully and reach out to us if you have any questions. We used these Terms (template) available under a (Creative Commons Sharealike) license. You can grab a copy of these Terms and other legal documents on Github(Legal). You’re more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise the language so that your Terms reflect your actual practices.
This Terms of Service policy is currently being revised for use within the Tranquility With Serenity website.
Below is our Terms of Service, which incorporates and clarifies these principles.
Throughout these Terms, "you" applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. We use the term "Designated Countries" to refer to the United States of America, Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in the European continent. If you reside in the "Designated Countries," your Agreement is with Tranquility With Serenity. If you reside outside of the "Designated Countries", your Agreement is with Tranquility With Serenity. We refer to Tranquility With Serenity, and CG Productions collectively as "Tranquility With Serenity" or "we" throughout these Terms.
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.
You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account
information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, forums, store or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a forums account, we consider that to be an inquiry about our services, which means that we may contact you to share more details about what we have to offer. Don't worry - if you aren't interested in learning more, you can opt out of the marketing communication, whether it's an email, or in-world text message.
Our Services are not directed to children. Access to and use of our website and forums Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software,
items for sale, or other materials) posted to our Forums by users or anyone else's "Content" and are not responsible for any use or
effects of such Content.
So, for example:
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites, web pages, or Second Life locations that link to, or are linked from, our website, forums or our other Services. For example:
Warning to trolls, greifers and troublemakers! We will not tolerate such actions from the before mentioned types and the result of these types
being present in our wbsite, forums or services, and are subject to appropriate actions when necessary. In the event you are caught doing anything
that can be considered actions of the three before mentioned types of issues or people, and you are warned to stop and you do not, you agree that
you automatically waive all your rights whether it be leagal or personal to become subject to actions taken against you for your use of our website,
forums and services. In other words, your ass is ours to do with as we see fit!
a. Automattic Fees
b. Fees Collected by Clients
You represent and warrant that your use of our Services will be in strict accordance with these Terms;
CG Productions Accounts can include custom designed websites, blogs and Forums. CG Productions includes features such as a custom domain name, extra storage, and access to premium themes. The CG Productions service is designed to give you as much control and ownership over what goes on in your website as possible and encourage you to express yourself freely. You own all content you post to your website with the exception of material owned by others you are given permission to use. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website. If you find a website created by CG Productions that you believe violates these Terms, please visit the CG Productions contacts page and notify us. To find out if the site was originally created by CG Productions, look at the bottom of the site on every page, just like you can see our site was created by CG Productions or Chopper Gausman!
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on, or associated with a Tranquility With Serenity product or service violates your copyright, please notify us in accordance with Tranquility With Serenity's Digital Millennium Copyright Act ("DMCA") Policy at Copyright Information. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the forums if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Tranquility With Serenity, CG Productions or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
The Agreement does not transfer from Tranquility With Serenity or CG Productions to you any Tranquility With Serenity, CG Productions or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Tranquility With Serenity Tranquility or CG Productions, the Tranquility With Serenity logo, and all other trademarks, service marks, graphics, and logos used in connection with Tranquility With Serenity or CG Productions or our Services, are trademarks or registered trademarks of Tranquility With Serenity or CG Productions or Tranquility With Serenity and/or CG Productions licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. CG Productions may be considered as one of those third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Tranquility With Serenity, CG Productions or third party graphics, logos or trademarks.
In using the Tranquility With Serenity or CG Productions Services, you may enable or use services, products, software (like themes or plugins), embeds, or applications developed by a third party or yourself ("Third Party Services") on your website or in-world within Second Life. If you use any Third Party Services, you understand that:
In rare cases, Tranquility With Serenity or CG Productions may at our discretion, suspend, disable, or remove Third Party Services from your account or website services.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Tranquility With Serenity or CG Productions, or by the posting by Tranquility With Serenity or CG Productions of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We (Tranquility With Serenity and/or CG Productions) have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity,(ii) refuse or remove any content that, in our reasonable opinion, violates any Tranquility With Serenity and/or CG Productions policy or is in any way harmful or objectionable,(iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website’s storage or bandwidth usage is out of hand and/or burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
Our Services are provided "as is". Tranquility With Serenity or CG Productions and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tranquility With Serenity or CG Productions, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services is at your own discretion and risk.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the Country and/or state, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Country and/or State.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the Country or State, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
In no event will Tranquility With Serenity or CG Productions, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 U.S.D. or the equivalent thereof or the fees paid by you to Tranquility With Serenity or CG Productions under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Tranquility With Serenity and CG Productions shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Tranquility With Serenity and CG Productions, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s website.
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement constitutes the entire agreement between Tranquility With Serenity and CG Productions and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tranquility With Serenity or CG Productions may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.