Terms of Service
This Agreement is a contract between you and SHX applies to your use of our website services (the "Service"). You understand and agree that the Service is provided on an as is and as available basis. SHX disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. SHX also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
2. Account Restrictions
This Agreement must be understood and agreed to by an adult of at least 18 years of age who holds an active Second Life Account. If you are not yet 18 or do not hold an active Second Life Account, you do not have permission to create an Account or use the Service. By accepting this agreement you represent that you are an adult 18 years of age or older.
In consideration of use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, SHX has the right to terminate your Account and refuse any and all current and/or future use of the Service.
3. User-Supplied Content
3.1 "Offensive" Content
You understand that information available to you through the Service may include information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content") that are unedited, sexually explicit, or offensive to you and that your access to such materials is at your own risk. SHX hereby disclaims any responsibility for or control over all Content.
3.2 User-Supplied Products and the Second Life Terms of Service
You understand that the products and services available to you through the Service may include Content or functionality that violates the Second Life Terms of Service. You agree that your access to and use of such Content is at your own risk. SHX hereby disclaims any responsibility for or control over such Content.
3.3 Right to Refuse Content
SHX reserves the right (but not the obligation) to refuse or delete any Content that it reasonably considers to violate any provision of this Agreement or be otherwise illegal.
Right of Editorial Discretion
SHX reserves the right to modify any Content that it reasonably considers to violate any provision of this Agreement for the purpose of bringing it into compliance with this Agreement.
4. User Behaviour
You agree not to upload, post, email, or otherwise transmit through the Service: (a) any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable Content of any kind; (b) any Content that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any Content that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation.
You agree not to defraud or misrepresent yourself, your Content, other members, or their Content through use of the Service.
5. Interruption or Change of Service
SHX, at its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
You agree SHX may immediately delete your Account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Service under any provision of this Agreement. You also acknowledge and agree that termination of any of Service may be effected without prior notice.
7. Disclaimer of Warranties
You expressly agree that use of the service is at your sole risk. The service is provided on an "as is" and "as available” basis.
SHX expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
SHX makes no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure, or error free; nor does SHX make any warranty as to the results that may be obtained from the use of the service, or as to the accuracy or reliability of any information obtained through the service, or that defects in the software will be corrected.
You understand and agree that any information, content, data, or other material downloaded or otherwise obtained through or from the service is obtained at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or any loss of data that results from the download of such material or data.
SHX makes no warranty regarding any goods or services purchased or obtained through or from the service or any transactions entered into through the service.
No advice or information, whether oral or written, obtained by you from SHX or through or from the service, shall create any warranty not expressly stated herein.
You are responsible for protecting (including backing up, where appropriate) your own data.
8. Limitation of Liability
You agree that SHX, its partners, affiliates, subsidiaries, employees, agents, suppliers, licensees and distributors shall not be liable to you or any third party for any indirect, incidental, special or consequential damages resulting from the use or the inability to use the service, or for cost of procurement of substitute goods and services, or resulting from any goods or services purchased or obtained, or from messages received or transactions entered into through or from the service, or resulting from unauthorized access to or alteration of your transmissions or data, including, but not limited to, damages for loss of profits, use, data, or other intangibles, even if SHX has been advised of the possibility of such damages.
You further agree that SHX shall not be liable for any damages arising from interruption, suspension, or termination of service, including, but not limited to, direct, indirect, incidental, special consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent.
You acknowledge that pursuant to section 512 of the digital millennium copyright act, SHX has a policy providing for termination of service to account holders who are repeat offenders. However, you acknowledge and agree that in no event shall SHX be liable for any damages, whether in contract or tort, including, but not limited to, direct, indirect, incidental, or consequential damages, or lost profits or cost of procurement of substitute goods or services, arising out of compliance or reasonable attempts to: (i) comply with united states copyright act; or (ii) satisfy requirements to qualify for the safe harbors designated in section 512 of the digital millennium copyright act.
In no event shall SHX be liable for any and all matters relating to this agreement for any aggregate amount in excess of $50.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may not apply to some users.