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Linden Lab’s Terms of Service were updated on December 1, 2015 to:

remove outdated references to Desura and Authorized Resellers;

explicitly address our intolerance of harassment of Linden Lab employees; and

clarify the arbitration provision in accordance with applicable law.

This agreement (the "Agreement" or the "Terms of Service") describes the terms on which Linden Research, Inc. and its wholly-owned subsidiaries ("Linden Lab") offer you access to its interactive entertainment products and services. The "Service" means all features, applications, content and downloads offered by Linden Lab, including its Websites, Servers, Linden Software, Linden Content, and User Content as those terms are defined below. This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Service, including the policies and terms linked to or otherwise referenced in this Agreement, all of which are hereby incorporated into this Agreement.

This agreement (the "Agreement" or the "Terms") describes the terms on which Linden Research, Inc. and its wholly-owned subsidiaries, including Tilia Inc. and Tilia Branch UK Ltd. (collectively, "Linden Lab") offer you access to its interactive entertainment products and services.

By using the Service, you agree to and accept these Terms of Service, including all policies and terms linked to or otherwise referenced herein. If you do not so agree, you should decline this Agreement, in which case you are prohibited from accessing or using the Service.

By using the Service (as defined below), you agree to and accept these Terms, including important dispute resolution procedures and all policies and terms linked to or otherwise referenced herein, all of which are incorporated into this Agreement. If you do not so agree, you should decline this Agreement, in which case you are prohibited from accessing or using the Service.

TABLE OF CONTENTS

This Agreement includes both the terms above and the following sections, which you may jump to directly by selecting the appropriate link below. The headings and subheadings are for your convenience only -- you are responsible for reviewing all sections, defined terms and related links in their entirety to ensure you fully understand this Agreement.

Online Service

Content Licenses and Intellectual Property Rights

Content License and Intellectual Property Rights

Eligibility to Use the Service

Account Registration and Billing

Termination of Your Account

Conduct by Users of the Service

User Conduct

Infringement Notifications

Privacy and your Personal Information

Privacy and Your Personal Information

Releases, Disclaimers, Liability Limits and Indemnification

Dispute Resolution and Arbitration

General Provisions

Related Policies

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.

"Account Name" means a name to identify yourself to Linden Lab staff in connection with your Account for each Product.

"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 Second Life).

"Internet Device" means a personal computer, mobile phone or other wireless or internet-enabled device.

"Linden 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.

"Linden Software" is the software provided to you by Linden Lab 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.

"Payment Service Provider" means a third party payment service provider as contracted by Linden Lab in its sole discretion.

"Product" means any interactive entertainment product or software provided to you by Linden Lab, each of which shall be further governed by an applicable product-specific policy (each a "Product Policy").

"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.

"Service" means all features, applications, content and downloads offered by Linden Lab, including its Websites, Servers, Software, Linden Content, and User Content as those terms are defined herein.

"Software" is the software provided to you by Linden Lab 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.

"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.

"Virtual Space" is virtual space that is stored on our Servers and made available in the form of virtual units.

"Websites" are the websites and services available from the domain and subdomains of Linden Lab and any related entity or successor domains from which Linden Lab 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.

Linden Lab 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 Linden Lab 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.

Linden Lab may, but will not have the obligation to, display, maintain, or otherwise make use of, any of your User Content, and Linden Lab 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. Linden Lab reserves the right to treat User Content on the Service as content stored at the direction of users for which Linden Lab will not exercise control except to block or remove content that comes to Linden Lab’s attention and is offensive, obscene, abusive, illegal or otherwise objectionable to Linden Lab, 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 Linden Lab’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.

Linden Lab may, but will not have the obligation to, display, maintain, or otherwise make use of, any of your User Content, and Linden Lab 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. Linden Lab reserves the right to treat User Content on the Service as content stored at the direction of users for which Linden Lab will not exercise control except to block or remove content that comes to Linden Lab's attention and is offensive, obscene, abusive, illegal or otherwise objectionable to Linden Lab, or to enforce the rights of third parties or the content restrictions set forth below (in Sections 2 and 7), when notice of their violation comes to Linden Lab'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).

Linden Lab 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.

Linden Lab 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 Linden Lab 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 Linden Lab obligation to obtain consent of any third party and without creating any obligation or liability of Linden Lab; (b) the User Content is accurate; (c) the User Content does not and, as to Linden Lab’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.

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 Linden Lab 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 Linden Lab obligation to obtain consent of any third party and without creating any obligation or liability of Linden Lab; (b) the User Content is accurate; (c) the User Content does not and, as to Linden Lab'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) Linden Lab does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon Linden Lab’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.

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) Linden Lab does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon Linden Lab'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 Linden Lab is a service provider and is not responsible or liable for the Content, conduct, or services of users or third parties.

You understand that Linden Lab is a service provider that enables its users to interact online and display and communicate information and Content chosen by those users. Linden Lab 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 Linden Lab 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 Linden Lab 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. Linden Lab 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 Linden Lab. You agree that Linden Lab 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.

Linden Lab may on occasion need to interrupt the Service with or without prior notice. You agree that Linden Lab 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 Linden Lab'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. Linden Lab 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. Linden Lab 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.

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2. CONTENT LICENSES AND INTELLECTUAL PROPERTY RIGHTS

2.1 Linden Lab owns Intellectual Property Rights in the Service and the Linden Marks.

Linden Lab owns Intellectual Property Rights in and to the Service, including but not limited to the Linden Content, Linden Software, the Servers, and the Websites related thereto, and in and to our trademarks, service marks, trade names, logos, domain names, taglines and trade dress (collectively, the "Linden Marks"). You acknowledge and agree that Linden Lab and its’ licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, other than with respect to User Content.

Linden Lab owns Intellectual Property Rights in and to the Service, including but not limited to the Linden Content, Software, the Servers, and the Websites related thereto, and in and to our trademarks, service marks, trade names, logos, domain names, taglines and trade dress (collectively, the "Linden Marks"). You acknowledge and agree that Linden Lab and its licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, other than with respect to User Content.

You understand and agree that without a written license agreement with Linden Lab, we do not authorize you to make any use of the Linden Marks, including but not limited to “LINDEN,” or “LINDEN LAB”. Use of the Linden Marks in whole or in part, including without limitation "Second Life," "SL," "Linden," and the Eye-in-Hand logo, is subject to the guidelines and terms of any applicable license provided in our Trademark Guidelines and Second Life Brand Center.

You understand and agree that without a written license agreement with Linden Lab, we do not authorize you to make any use of the Linden Marks, including but not limited to "LINDEN," or "LINDEN LAB". Use of the Linden Marks in whole or in part is subject to the guidelines and terms of any applicable license provided in our Trademark Guidelines.

Except as expressly granted in this Agreement, all rights, title and interest in and to the Service, and in and to the Linden Marks are reserved by Linden Lab. Copyright, trademark and other laws of the United States and foreign countries protect the Service and the Linden Marks.

2.2 Linden Lab grants you certain licenses to access and use the Service while you are in compliance with the Terms of Service; Additional terms may apply.

2.2 Linden Lab grants you certain licenses to access and use the Service while you are in compliance with the Terms; Additional terms may apply.

Linden Lab hereby grants you a non-exclusive, non-transferable, non-sublicenseable, limited, personal, revocable license to access and use the Service on a personal computer, mobile phone or other wireless or internet-enabled device (each an “Internet Device”) as set forth in these Terms of Service and expressly conditioned upon you and each of your Accounts remaining active, in good standing, and in compliance with these Terms of Service. Additional terms may apply to certain elements of the Service (“Additional Terms”); these terms are available where such separate elements are made available on the Websites. If there is any contradiction between any Additional Terms and these Terms of Service, then the Additional Terms shall take precedence only in relation to that particular element of the Service. For examples of such Additional Terms, please see Section 12 below.

Linden Lab provides access to Linden Inworld Content and hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Linden Inworld Content solely Inworld as permitted through the normal functionality of the Service and under these Terms of Service, except that photographs, images, films, and videos of Linden Inworld Content may be used in other areas of and outside the Service as provided in our Snapshot and Machinima Policy. To be clear, and without limiting the foregoing, you may not use, reproduce, distribute, prepare derivative works of, display or perform any Linden Inworld Content, whether modified by you or not, outside the virtual world environment of the Service except as provided in the Snapshot and Machinima Policy or as expressly agreed upon in a written agreement with Linden Lab. The foregoing license is referred to as a "Linden Inworld Content License." You acknowledge that when you receive a Linden Inworld Content License you do not acquire ownership of any copies of the Content, or transfer of any copyright or other intellectual property rights in the Content.

Linden Lab hereby grants you a non-exclusive, non-transferable, non-sublicenseable, limited, personal, revocable license to access and use the Service on an Internet Device as set forth in these Terms and expressly conditioned upon you and each of your Accounts remaining active, in good standing, and in compliance with these Terms. Additional terms may apply to certain elements of the Service ("Additional Terms"); these terms are available where such separate elements are made available through the Service. If there is any contradiction between any Additional Terms and these Terms, then the Additional Terms shall take precedence only in relation to that particular element of the Service. For examples of such Additional Terms, please see Section 12 below.

Use of the Linden Software is subject to these Terms of Service and the terms of any applicable End User License Agreement (“EULA”) provided with such software. If no EULA is provided with certain Linden Software, such software is subject to the license terms set forth in this Section. Linden Lab hereby grants you a nonexclusive, non-transferable, non-sublicensable, limited, personal and revocable license to install and use the object code of the Linden Software on any Internet Device that you own or control. You may not charge any third party for using the Linden Software, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation), decompile or attempt to discover the source code of the Linden Software, or create any derivative works of the Linden Software, or otherwise use the Linden Software except as expressly provided in this Agreement.

Use of the Software is subject to these Terms and the terms of any applicable Product Policy provided with such software. If no Product Policy is provided with certain Software, such software is subject to the license terms set forth in this Section. Linden Lab hereby grants you a nonexclusive, non-transferable, non-sublicensable, limited, personal and revocable license to install and use the object code of the Software on any Internet Device that you own or control. You may not charge any third party for using the Software, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation), decompile or attempt to discover the source code of the Software, or create any derivative works of the Software, or otherwise use the Software except as expressly provided in this Agreement.

已保存差異

原始文本

開啟檔案

Linden Lab’s Terms of Service were updated on December 1, 2015 to:

remove outdated references to Desura and Authorized Resellers;
explicitly address our intolerance of harassment of Linden Lab employees; and
clarify the arbitration provision in accordance with applicable law.

TABLE OF CONTENTS

Online Service
Content Licenses and Intellectual Property Rights
Eligibility to Use the Service
Account Registration and Billing
Termination of Your Account
Conduct by Users of the Service
Infringement Notifications
Privacy and your Personal Information
Releases, Disclaimers, Liability Limits and Indemnification
Dispute Resolution and Arbitration
General Provisions
Related Policies
1. ONLINE SERVICE