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-lrb- iii -rrb- engage in malicious or disruptive conduct that impedes or interferes with other users ' normal use of or enjoyment of the service ;
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-lrb- iv -rrb- use any cheats , mods , hacks , or any other unauthorized techniques or unauthorized third-party software to cheat in any competition or game that may be offered on the service , or to otherwise disrupt or modify the service or the experience of any users on the service ; or
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-lrb- v -rrb- attempt to gain unauthorized access to any other user 's account , password or content .
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we operate an intellectual property complaint process for complaints that user content infringes another 's intellectual property rights , the details of which are described in the intellectual property infringement notification policy .
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your privacy is important to us .
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our privacy policy sets forth the conditions under which you provide personal and other information to us .
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you understand and agree that through your use of the service you consent to the collection and use of your information in accordance with our privacy policy .
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we encourage you to review our privacy policy , which describes our use and disclosure of information we collect on the websites and the service .
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if you object to your information being used or disclosed as described therein , please do not use the service .
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releases , disclaimers , liability limits and indemnification
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9.1 linden lab is not liable for its users ' actions , and you release linden lab from any claims relating to other users .
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you agree not to hold linden lab liable for the content , actions , or inactions of other users .
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as a condition of access to the service , you release linden lab -lrb- and its officers , directors , shareholders , agents , subsidiaries and employees -rrb- from claims , demands , losses , liabilities and damages -lrb- actual and consequential -rrb- of every kind and nature , known and unknown , arising out of or in any way connected with any dispute you have or claim to have with one or more users , including whether or not linden lab becomes involved in any resolution or attempted resolution of the dispute .
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if you are a california resident , you waive california civil code section 1542 , which says : `` a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release , which if known by him must have materially affected his settlement with the debtor . ''
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if you are a resident of another jurisdiction , you waive any comparable statute or doctrine .
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you agree and understand that linden lab does not control and is not responsible for information you provide to parties other than linden lab .
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9.2 linden lab provides the service on an `` as is '' basis , without express or implied warranties , and all content , including virtual tender and other virtual goods and services , have no guarantee or warranty of any compensable value .
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linden lab provides the service , including without limitation the software , the websites , the servers , the content -lrb- including the virtual goods and services -rrb- , and your account , strictly on an `` as is '' basis , and hereby expressly disclaims all warranties or conditions of any kind , written or oral , express , implied or statutory , including without limitation any implied warranty of title , noninfringement , merchantability or fitness for a particular purpose .
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no value , either express or implied , is guaranteed or warranted with respect to any content , including virtual tender or any other virtual goods and services .
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notwithstanding any intellectual property rights you may have in your content or any expenditure on your part , linden lab and you expressly disclaim any compensable value relating to or attributable to any data relating to your account residing on linden lab 's servers .
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you assume all risk of loss from using the service on this basis .
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linden lab does not ensure continuous , error-free , secure or virus-free operation of the service , the software , the websites , the servers , or your account , and you understand that you shall not be entitled to refunds or other compensation based on linden lab 's failure to provide any of the foregoing other than as explicitly provided in this agreement .
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some jurisdictions do not allow the disclaimer of implied warranties and , to that extent , the foregoing disclaimers may not apply to you .
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9.3 linden lab 's liability to you is expressly limited , to the extent allowable under applicable law .
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in no event shall linden lab or any of its directors , officers , employees , shareholders , subsidiaries , agents or licensors be responsible or liable to you or to any third party for any loss or damages of any kind , including for any direct , indirect , economic , exemplary , incidental , consequential , reliance , special , or punitive losses or damages or disgorgement or comparable equitable remedy , for lost data or lost profits , arising -lrb- whether in contract , tort , strict liability or otherwise -rrb- out of or in connection with the service -lrb- including its modification or termination -rrb- , the software , the websites , the servers , your account -lrb- including its termination or suspension -rrb- or this agreement , whether or not linden lab may have been advised that any such damages might or could occur and notwithstanding the failure of essential purpose of any remedy .
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except as may be provided in any additional terms , to the fullest extent permitted by applicable law , in no event will linden lab 's cumulative liability to you exceed the greater of -lrb- i -rrb- one hundred dollars -lrb- u.s. $ 100.00 -rrb- ; or -lrb- ii -rrb- the fees , if any , paid by you for use of the service ; provided , however , this provision will not apply if a tribunal with applicable jurisdiction finds such to be unconscionable .
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some jurisdictions do not allow the foregoing limitations of liability , so to the extent that any such limitation is found to be impermissible , such limitation may not apply to you .
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in such jurisdictions , the liability of the linden lab parties to you is limited to the lowest amount permitted by applicable law .
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9.4 you agree to indemnify linden lab from claims relating to your use of the service .
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at linden lab 's request , you agree to defend , indemnify and hold harmless linden lab , its officers , directors , shareholders , employees , subsidiaries , and agents from all damages , liabilities , claims and expenses , including without limitation attorneys ' fees and costs , arising from : -lrb- i -rrb- your user content ; -lrb- ii -rrb- your acts , omissions , or use of the service , including without limitation your negligent , willful or illegal conduct ; -lrb- iii -rrb- your breach or alleged breach by you of this agreement , including without limitation your representations and warranties relating to your content ; -lrb- iv -rrb- your violation or anticipatory violation of any applicable law , rule or order in connection with your use of or activities in the service ; -lrb- v -rrb- information or material transmitted through your internet device that infringes or misappropriates any intellectual property right ; -lrb- vi -rrb- any misrepresentation made by you ; -lrb- vii -rrb- linden lab 's use of the information that you submit to us ; -lrb- viii -rrb- your purported `` ownership '' of any usage subscriptions or virtual items ; or -lrb- ix -rrb- the increase or decrease in `` value '' or loss of usage subscriptions or virtual items if linden lab deletes , terminates , or modifies them -lrb- all of the foregoing , `` claims and losses '' -rrb- .
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we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you , and in such case , you agree to cooperate with our defense of such claim .
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you will not settle any claims and losses without , in each instance , the prior , written consent of an officer of linden lab .
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9.5 you are not our employee , and you have no rights to compensation .
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you acknowledge that your participation in the service , including your creation or uploading of content in the service , does not make you a linden lab employee and that you do not expect to be , and will not be , compensated by linden lab for such activities , and you will make no claim inconsistent with these acknowledgements .
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in addition , no agency , partnership , joint venture or franchise relationship is intended or created by this agreement .
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9.6 unsolicited ideas and materials prohibited ; no confidential or special relationship with linden lab .
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linden lab employs a staff of designers to develop new ideas and linden lab solicits and receives product idea submissions from professional inventors with whom it has business relationships .
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because of this , in your communications with linden lab , please keep in mind that linden lab does not accept or consider any unsolicited ideas or materials for products or services , or even improvements to products or services , -lrb- collectively , `` unsolicited ideas and materials '' -rrb- .
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therefore , you must not send to linden lab -lrb- even within any of your user content that we may request -rrb- , in any form and by any means , any unsolicited ideas and materials .
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any unsolicited ideas and materials you post on or send to us via the service are deemed user content and licensed to us as set forth above .
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except as otherwise specifically described in the service 's privacy statement or any additional terms , your relationship with linden lab is not a confidential , fiduciary , or other type of special relationship and your unsolicited ideas and materials , and anything else submitted by you will be treated as non-confidential and non-proprietary user content -- regardless of whether you mark them `` confidential '' , `` proprietary '' , or the like .
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linden lab will not assume any responsibility , obligation , or liability for the receipt or non-receipt of any of the foregoing .
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therefore , your decision to submit any unsolicited ideas and materials to linden lab does not place linden lab in a position that is any different from the position held by members of the general public with regard to your unsolicited ideas and materials .
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linden lab 's receipt of your unsolicited ideas and materials is not an admission by linden lab of their novelty , priority , or originality , and it does not impair linden lab 's right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials .
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by agreeing to these terms of service , you also agree to arbitrate any and all claims against linden lab pursuant to the federal arbitration act and subject to the terms below -lrb- the `` agreement to arbitrate '' -rrb- .
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you and linden lab agree that we intend that this section 10 satisfies the `` writing '' requirement of the federal arbitration act and further agree that , notwithstanding any other provision of these terms of service , the federal arbitration act shall govern the interpretation and enforcement of this agreement to arbitrate .
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10.1 if a dispute arises between you and linden lab regarding a claim , you and we agree to alternative dispute resolution .
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our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly .
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if any controversy , allegation or claim arises out of or relates to the service , the website -lrb- s -rrb- , the content , your user content , your unsolicited ideas and materials , this agreement , your decision to enter into this agreement , any additional terms or any other aspect of your relationship with linden lab -lrb- collectively , `` dispute '' -rrb- , then you and we agree to send a written notice to the other providing a reasonable description of the dispute , along with a proposed resolution of it .
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our notice to you will be sent to you based on the most recent contact information -lrb- including email address -rrb- that you provide us .
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you are obligated to ensure that such contact information is current and accurate .
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your notice to us must be sent to : linden research , inc. , 945 battery street , san francisco , ca 94111 , attention : general counsel .
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for a period of sixty -lrb- 60 -rrb- days from the date of receipt of notice from the other party , linden and you will engage in a dialogue in order to attempt to resolve the dispute , though neither party is required to resolve such dispute on terms which each party , in its sole discretion , is uncomfortable .
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if we can not resolve a dispute within sixty -lrb- 60 -rrb- days of receipt of such notice , then either you or we may elect to submit the dispute to formal arbitration as hereinafter described .
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with arbitration -lrb- a -rrb- there is no judge or jury , -lrb- b -rrb- the arbitration proceedings and arbitration outcome are subject to certain confidentiality rules , and -lrb- c -rrb- judicial review of the arbitration outcome is limited .
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further , you and linden lab agree that , should resolution of the dispute -lrb- s -rrb- occur in arbitration , such dispute -lrb- s -rrb- will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party .
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but if , for any reason , any court with competent jurisdiction or any arbitrator selected pursuant to this arbitration provision holds that this restriction , limiting the arbitration to dispute -lrb- s -rrb- between you and linden lab , is unenforceable , then our agreement above to arbitrate will not apply and the dispute must be brought exclusively in the state or federal courts of san francisco county , california .
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should either you or linden lab elect to resolve the dispute by way of binding arbitration , the arbitration shall proceed in accordance with the then-current commercial arbitration rules of the american arbitration association -lrb- `` aaa '' -rrb- , except that , as noted , in no event shall the arbitration proceed as a class or representative action .
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if the dispute has a claimed value of not more than $ 10,000,000 , then the arbitration will be heard and determined by a single , neutral arbitrator who is a retired judge or a lawyer with not less than ten -lrb- 10 -rrb- years ' experience as a practicing member of the bar in the substantive practice area related to the dispute , who will administer the proceedings in accordance with the aaa 's supplementary procedures for consumer related disputes .
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if the dispute has a claimed value of more than $ 10,000,000 , then the arbitration will be heard and determined by a three -lrb- 3 -rrb- member panel , with one member to be selected by each party and the third -lrb- who will chair the panel -rrb- selected by the two -lrb- 2 -rrb- party-appointed members or by the aaa in accordance with the commercial arbitration rules .
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the arbitrator or arbitration panel , as the case may be , will apply applicable law and the provisions of this agreement and any additional terms , will determine any dispute according to applicable law and facts based upon the record and no other basis , and will issue a reasoned award .
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if a party properly submits the dispute to the aaa for formal arbitration and the aaa is unwilling or unable to set a hearing date within sixty -lrb- 60 -rrb- days of the filing of a `` demand for arbitration , '' then either party can elect to have the arbitration administered by the judicial arbitration and mediation services inc. -lrb- `` jams '' -rrb- using jams ' streamlined arbitration rules and procedures , or by any other arbitration administration service that you and a legal officer of linden lab consent to in writing , except , as noted above , that in no event shall the arbitration proceed as a class or representative action .
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the substantive practice area requirements for the arbitrator and the $ 10,000,000 threshold for the number of arbitrators assigned to the dispute set forth in the paragraph above will also apply to any such arbitration under jams or other arbitration service .
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you can obtain aaa and jams procedures , rules , and fee information as follows :
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all parties to the arbitration will have the right , at their own expense , to be represented by an attorney or other advocate of their choosing .
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if the dispute has a claimed value of not more than $ 250,000 , an arbitration hearing will be conducted , at your election , either by telephone -lrb- or other mutually agreeable remote technology -rrb- or in city and county of san francisco , california .
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if the dispute has a claimed value of more than $ 250,000 , the arbitration will be conducted in the city and county of san francisco , california .
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you and we will pay the administrative and arbitrator 's fees and other costs in accordance with the applicable arbitration rules -lrb- including any rules regarding hardship -rrb- ; but if applicable arbitration rules or laws require linden lab to pay a greater portion or all of such fees and costs in order for this arbitration provision to be enforceable , or if the arbitrator -lrb- s -rrb- determine that you would experience an extreme hardship by paying your share of arbitration fees and costs prior to resolution of the dispute , then linden lab will have the right to elect to pay the fees and costs and proceed to arbitration .
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discovery will be permitted pursuant to the applicable arbitration rules .
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the arbitrator 's decision must consist of a written statement stating the disposition of each claim of the dispute , and must provide a statement of the essential findings and conclusions on which the decision and award -lrb- if any -rrb- may be entered in or by any court that has jurisdiction over the parties pursuant to section 9 of the federal arbitration act .
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the arbitrator must honor the terms of this agreement -lrb- and any additional terms -rrb- and can award the prevailing party damages and other relief -lrb- including attorneys ' fees -rrb- consistent with applicable law .
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10.2 exceptions to requirement to arbitrate .
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notwithstanding the provisions of section 10.1 , either party may seek judicial relief from any court of competent jurisdiction -lrb- a -rrb- to enforce an arbitral award issued hereunder , -lrb- b -rrb- to compel arbitration required hereunder or -lrb- c -rrb- to obtain temporary injunctive relief to prevent imminent and irreparable harm or to preserve the status quo until an arbitrator can be empaneled and determine whether to continue , terminate or modify any such relief .
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in the event of a request for temporary injunctive relief , the requirement for 60 days ' dialogue before an arbitration can be initiated shall not apply .
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as set out in section 10.1 , in the event a court or arbitrator determines that the limitation of the arbitration to dispute -lrb- s -rrb- between you and linden lab -lrb- prohibiting class or representative proceedings -rrb- is unenforceable , the dispute then must be brought exclusively in the state or federal courts of san francisco county , california .
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11.1 the service is a united states-based service .
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linden lab controls and operates the service from its offices in the united states .
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linden lab makes no representation that any aspect of the service is appropriate or available for use outside of the united states .
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those who access the service from other locations are doing so on their own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content , if and to the extent local laws apply .
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subject to the terms of this agreement , we reserve the right to limit the availability of , restrict access to , or discontinue the service and/or any content , program , product , service or other feature described or available on the service to any person , entity , geographic area , or jurisdiction , at any time and in our sole discretion , and to limit the quantities of any content , program , product , service , or other feature that we provide .
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software related to or made available by the service may be subject to export controls of the united states .
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no software from the service may be downloaded , exported , or re-exported -lrb- i -rrb- into -lrb- or to a national or resident of -rrb- any country or other jurisdiction to which the united states has embargoed goods , software , technology or services -lrb- which , as of the effective date of this user agreement , includes cuba , north korea , iran , sudan and syria -rrb- , or -lrb- ii -rrb- to anyone on the u.s. treasury department 's list of specially designated nationals or the u.s. commerce department 's table of deny orders , or -lrb- iii -rrb- to anyone on the u.s. department of commerce 's bureau of industry and security entities list as published in the export administration regulations -lrb- including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting u.s. origin items to embargoed countries or terrorist end-uses -rrb- .
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by downloading any software related to the service , you represent and warrant that you are not located in , under the control of , or a national or resident of , any such country or on any such list .
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11.2 you may not assign this agreement or your account ; we may assign this agreement .
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you may not assign this agreement or your account without the prior written consent of linden lab .
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you may not transfer or sublicense any licenses granted by linden lab in this agreement without the prior , written consent of linden lab , except solely to the extent this agreement or an applicable product policy permits transfer of any applicable virtual tender licenses .
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linden lab may assign this agreement , in whole or in part , and all related rights , licenses , benefits and obligations , without restriction , including the right to sublicense any rights and licenses under this agreement .
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11.3 we agree to provide each other with notices in a specified manner .
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linden lab may give notice to and obtain consent from you by one or more of the following means : through the service or website , by electronic mail to your e-mail address in our records , or by written mail communication to the address on record for your account .
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when you communicate with us electronically , such as via e-mail and text message , you consent to receive communications from us electronically .
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all notices given by you or required under this agreement shall be faxed to linden lab legal department at : -lrb-415-rrb- 243-9045 ; or mailed to us at : linden lab legal department , 945 battery street , san francisco , ca 94111 .
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with respect to any electronic commercial service on a website , residents of california are entitled to the following specific consumer rights information : if you have a complaint , you may contact the complaint assistance unit of the division of consumer services of the department of consumer affairs by mail at 1625 north market boulevard , suite n 112 , sacramento , california 95834 , or by telephone at 1.800.952.5210 .
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11.4 this agreement and the referenced policies are the entire understanding between us .
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this agreement , including the additional terms and policies referenced in this agreement , sets forth the entire understanding and agreement between you and linden lab with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings .
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linden lab reserves the right to modify this agreement and any additional terms , at any time without prior notice -lrb- `` updated terms '' -rrb- .
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you agree that we may notify you of the updated terms by posting them on the service , and that your use of the service after we post the updated terms -lrb- or engaging in other such conduct as we may reasonably specify -rrb- constitutes your agreement to the updated terms .
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therefore , you should review this agreement and any additional terms on a regular and frequent basis .
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the updated terms will be effective as of the time that linden lab posts them or such later date as may be specified in them .
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except for such updated terms , this agreement may not be modified except by mutual written agreement between you and linden lab that is signed by hand -lrb- not electronically -rrb- by duly authorized representatives of both parties and expressly references amendment of this agreement .
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you acknowledge that no other written , oral or electronic communications will serve to modify or supplement this agreement , and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this agreement .
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