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Terms of Service Welcome to Actorbot. The following agreement (this "Agreement" or the "Terms of Service") describes the terms on which Another Dimension Media Ltd. ("ADM") offers you access to its services. This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Service, including your compliance with the policies and terms linked to (by way of the provided URLs) from this Agreement. By using Actorbot, you agree to these Terms of Service. If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using Actorbot. ADM may amend this Agreement at any time in its sole discretion, effective upon posting the amended Agreement at the domain or subdomains of http://www.sinewaverobots.com where the prior version of this Agreement was posted, or by communicating these changes through any written contact method we have established with you. THE SERVICES AND CONTENT OF ACTORBOT 1.1 Basic description of the service: Actorbot, a hosted web service for logging avatars into Second Life, Opensim and other virtual world platforms. "Actorbot" is the multi-user online service offered by ADM, including without limitation: the server computation, web access, messaging and protocols that control and manage the Actorbots, application program interfaces provided by ADM to you for use with Actorbot (the "APIs"), and access to the websites and services available from the domain and subdomains of http://www.sinewaverobots.com (the "Websites"). The Servers, APIs, Websites and any other ADM Software collectively constitute the "Service" as used in this Agreement. 1.2 ADM is a service provider, which means, among other things, that ADM does not control various aspects of the Service. You acknowledge that ADM is a service provider that allows people to log 'automated' avatars online. The ADM Actorbot service also allows users to give those avatars complex sets of triggers and actions that govern the behaviour of those Actorbots. ADM has no control over the topics and content chosen by users of the service. ADM does not regulate the content of communications or the actions of avatars hosted on its service. As a result, ADM has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service. 1.3 Content deployed by the Service is provided by users of the Service, not by ADM. You acknowledge that: (i) by using the Service you are wholly responsible for the graphics, sound effects, music, video, audio, computer programs, animation, text and other creative output (collectively, "Content") of any avatar you deploy using the Actorbot system, and (ii) ADM does not pre-screen Content and you are responsible for ensuring that content you deploy falls within the terms and conditions of the virtual world where it is being deployed, be that Second Life, any Opensim grid, HiPiHi or any other virtual world platform with its own terms and conditions. You accept full responsibility and liability for your use of any Content in violation of any copyright, trademark or other applicable laws and treaty provisions. You agree that your creation of Content is not in any way based upon any expectation of compensation from ADM. 1.4 Actorbot is a prepaid 'top up' service, whereby users add credits to their user account, which are used when their Actorbots are logged into a grid. If those credits are paid in Lindens, the currency of Linden Lab operating in Second Life, you acknowledge that this "currency" is a limited license right available for purchase or free distribution at Linden Lab's discretion, and is not redeemable for monetary value from Linden Lab. Lindens or other credits moved into your Actorbot account can at any time be removed by the user. Any dispute raised by the user will be settled on the basis of a reconciliation between ADM's records and the verifiable records of the virtual world platform. 1.5 Actorbot is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at ADM's sole discretion. ADM reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that ADM will not be liable for any interruption of the Service, delay or failure to perform, and you understand that except as otherwise specifically provided in ADM's billing policies posted at http://www.sinewavecompany.com/billing, you shall not be entitled to any refunds of fees for interruption of service or failure to perform. ADM has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion. 1.6 You agree to the posted pricing and billing policies on the Websites. ADM may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. ACCOUNT REGISTRATION AND REQUIREMENTS 2.1 You must establish an account to use Actorbot, using true and accurate registration information, to use the Service. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Given that registration to use the system with some virtual world platforms requires you only to provide your Avatar details for that virtual world, you agree to undertake in good faith any inworld verification process that ADM may see fit to pursue, including http communications between assets inworld and the Actorbot system. ADM reserves all rights to vigorously pursue legal action against all persons who misrepresent personal or avatar information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that ADM cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user. 2.2 Age. As with all other aspects of the terms and conditions of use for any virtual world platform that Actorbot links to, you agree to abide by the age restrictions of the virtual worlds where you log an Actorbot. An Actorbot represents you the end user to the same extent that an avatar logged via a desktop client does and to log an Actorbot into, for instance, the Second Life main grid, you must be over 18. ADM cannot absolutely control whether minors gain access to adult grids via Actorbot, and makes no representation that users of Actorbot are not minors. ADM cannot absolutely control whether adults gain access to child only grids, and makes no representation that users in child only grids are not adults. 2.3 You need to use an account name to use Actorbot. This account name must be the same as your avatar name inside the virtual world where you are logging avatars using the Actorbot system. You must select and keep secure your account password. This password should not be the same as the password you use to log into the virtual world itself. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk. 2.4 Account registrations are limited per unique person. Transfers of accounts are generally not permitted. ADM may require you to submit an indication of unique identity in the account registration process; e.g. credit card or other payment information, or SMS message code, inworld verification or other information requested by ADM. When an account is created, the information given for the account must match the address, phone number, and/or other unique identifier information associated with the identification method. You may register multiple accounts per identification method only at ADM's sole discretion. A single account may be used by a single legal entity at ADM's sole discretion and subject to ADM's requirements. Additional accounts beyond the first account per unique user may be subject to fees upon account creation. You may not transfer your Account to any third party without the prior written consent of ADM; notwithstanding the foregoing, ADM will not unreasonably withhold consent to the transfer of an Account in good standing by operation of valid written will to a single natural person, provided that proper notice and documentation are delivered as requested by ADM. 2.5 You may cancel your account at any time; credits held on the balance of your account will be refunded to the virtual world account of the avatar used to create the Actorbot account. Accounts may be cancelled by you at any time. Upon your election to cancel, your account will be cancelled within 24 hours. All credits will be returned to the user unless this Agreement is suspended or terminated based on our belief that you have violated this Agreement. 2.6 ADM may suspend or terminate your account at any time. ADM has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event of account termination or elimination, any outstanding credit in your account will be returned to you. 2.7 Accounts affiliated with delinquent accounts are subject to remedial actions related to the delinquent account. In the event an Account is suspended or terminated for your breach of this Agreement or your payment delinquency (in each case as determined in ADM's sole discretion), ADM may suspend or terminate the Account associated with such breach and any or all other Accounts held by you or your affiliates, and your breach shall be deemed to apply to all such Accounts. 2.8 You are responsible for your own Internet access. ADM does not provide Internet access, and you are responsible for all fees associated with your Internet connection. LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS 3.1 You have a nonexclusive, limited, revocable license to use Actorbot while you are in compliance with the terms of service. Subject to the terms of this Agreement, ADM grants to you a non-exclusive, limited, fully revocable license to use the ADM Software and the rest of the Service during the time you are in full compliance with the Terms of Service. Additional terms may apply to use of the APIs or other separate elements of the Service; these terms are available where such separate elements are available for download from the Websites. Nothing in this Agreement, or on ADM's websites, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content. You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you an ADM employee and that you do not expect to be, and will not be, compensated by ADM for such activities. 3.2 To the extent that you have such rights under applicable law, you retain your existing copyrights and other intellectual property rights with respect to graphics, sound effects, music, video, audio, and animations that are deployed by, relate to or are linked inworld to the Avatars you deploy via Actorbot. All combinations of triggers, actions and scripts generated by the Actorbot system are part of the system and remain the exclusive property of ADM. Notwithstanding the foregoing, you understand and agree that by linking or associating your Content to any Actorbot deployment, you automatically grant (and you represent and warrant that you have the right to grant) to ADM: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Service as permitted by you through your interactions on the Service, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Service, provided that in the event that your Content appears publicly in material under the control of ADM, and you provide written notice to ADM of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow ADM, in its sole discretion, to identify the relevant Content and materials), ADM will make commercially reasonable efforts to cease its distribution of such Content following the receipt of such notice, although ADM cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the perpetual and irrevocable right to delete any or all of your Content from ADM's servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as ADM may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Service. Further, you agree to grant to ADM a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your account information, including any data or other information generated by your account activity, in any media now known or not currently known, in accordance with our privacy policy as set forth below, including the incorporation by reference of terms posted at http://www.sinewavecompany.com/privacy. You also understand and agree that by submitting your Content to the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to ADM and to all other users of the Service a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual License, under any and all patent rights you may have or obtain with respect to your Content, to use your Content for all purposes within the Service. You further agree that you will not make any claims against ADM or against other users of the Service based on any allegations that any activities by either of the foregoing within the Service infringe your (or anyone else's) patent rights. You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and ADM will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Service, including without limitation any legal consequences relating to your intellectual property rights; and (iii) ADM's acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of ADM's intention not to require users of the Service to forego certain intellectual property rights with respect to Content they create using the Service, subject to the terms of this Agreement. 3.3 ADM retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own. You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data ADM stores on ADM servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of ADM. CONDUCT BY USERS OF ACTORBOT 4.1 You agree to abide by certain rules of conduct, including the Community Standards of the virtual worlds Actorbot links to, and other rules prohibiting illegal and other practices that ADM deems harmful. Further you agree to abide by the terms and conditions of any virtual world in which you deploy an Actorbot. In addition to abiding at all times by the Community Standards, you agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (ii) impersonate any person or entity without their consent, including, but not limited to, an ADM employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit Content as determined by ADM at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that ADM considers in its sole discretion to be of such nature; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) attempt to gain access to any other user's Account or password; or (x) "stalk", abuse or attempt to abuse, or otherwise harass another user. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Account. You agree that ADM may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you. 4.2 You agree to use Actorbot as provided, without unauthorized software or other means of access or use. You will not make unauthorized works from or conduct unauthorized distribution of the Actorbot Software. ADM has designed the Service to be experienced only as offered by ADM at the Websites or partner websites. ADM is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by ADM. You agree not to create or provide any server emulators or other software or other means that provide access to or use of the Servers without the express written authorization of ADM. ADM is not obligated to allow access to the Servers by any software that is not provided by ADM, and you agree to cease using, creating, distributing or providing any such software at the request of ADM. You are prohibited from taking any action that imposes an unreasonable or disproportionately large load on ADM's infrastructure. You may not charge any third party for using the Actorbot to access and/or use the Service, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law), decompile or attempt to discover the source code of the ADM Software, or create any derivative works of the ADM Software or the Service, or otherwise use the ADM Software except as expressly provided in this Agreement. You may not copy or distribute any of the written materials associated with the Service. 4.3 You will comply with the processes of the Digital Millennium Copyright Act regarding copyright infringement claims covered under such Act. Our policy is to refer all notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA") to the operator of the relevant virtual world platform. Copyright-infringing materials found on the ADM servers will be identified and removed at the behest of the virtual world platform, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. 4.4 You will not use the marks of ADM or Actorbot or Sine Wave Company without authorization from ADM. You are not permitted to use the marks "Sine Wave Company", "Sine Wave Robots", "Actorbot", or "Another Dimension Media Ltd.", or any trade, service or other marks registered to or owned by ADM. RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION 5.1 You release ADM from your claims relating to other users of Actorbot and the virtual worlds it connects to. ADM has the right but not the obligation to resolve disputes between users of Actorbot. As a condition of access to the Service, you release ADM (and ADM's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service. You further understand and agree that: (a) ADM will have the right but not the obligation to resolve disputes between users relating to the Service, and ADM's resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent ADM elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Service and will not make judgments regarding legal issues or claims; (c) ADM's resolution of such disputes will be final with respect to the Service but will have no bearing on any real-world legal disputes in which users of the Service may become involved; and (d) you hereby release ADM (and ADM's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with ADM's resolution of disputes relating to the Service. 5.2 Other service or product providers may form contractual relationships with you. ADM is not a party to your relationship with such other providers. ADM does not control and is not responsible for any information you provide to parties other than ADM. ADM is not a party to your agreement with any party that provides software, products or services to you in connection with Actorbot. 5.3 All data on ADM's servers are subject to deletion, alteration or transfer. When using the Service, you may accumulate Content, objects, items, or other value or status indicators that reside as data on ADM's servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON ADM'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN ADM'S SOLE DISCRETION. YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, ADM DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON ADM'S SERVERS. YOU UNDERSTAND AND AGREE THAT ADM HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. 5.4 ADM provides the Service on an "as is" basis, without express or implied warranties. ADM PROVIDES THE SERVICE, THE SOFTWARE, YOUR ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, 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. Without limiting the foregoing, ADM does not ensure continuous, error-free, secure or virus-free operation of the Service, the Software or your Account, and you understand that you shall not be entitled to refunds for fees based on ADM's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you. Any dispute over the successful deployment of an avatar inworld via the Actorbot system and fees charged for that deployment will be resolved exclusively at the discretion of ADM on the basis of the available information on ADMs servers and information that ADM can verify from the virtual world host. You warrant that you will not dispute the conclusions reached by ADM in this regard. 5.5 ADM's liability to you is expressly limited, to the extent allowable under applicable law. IN NO EVENT SHALL ADM OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE SOFTWARE, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT ADM MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL ADM'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that ADM cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service. ADM hereby reserves the right to refuse that jurisdiction. And the right to terminate any agreement emanating from such jurisdiction. 5.6 You will indemnify ADM from claims arising from breach of this Agreement by you, from your use of Actorbot, from loss of Content due to your actions, or from alleged infringement by you. At ADM's request, you agree to defend, indemnify and hold harmless ADM, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other users of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless ADM, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Account, and (b) any claims by third parties that your activity or Content in the Service infringes upon, violates or misappropriates any of their intellectual property or proprietary rights. PRIVACY POLICY 6.1 ADM may use requested personal information to operate and improve its services. It will not give any personal information to third parties except to operate, improve and protect the Service. Any personal information you provide to us is used for ADM's internal purposes only. ADM uses the information it collects to learn what you like and to improve the Service. ADM will not give any of your personal information to any third party without your express approval except: as reasonably necessary to fulfil your service request, to third- party fulfilment houses, customer support, billing and credit verification services, and the like; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; or as otherwise necessary to protect ADM, its agents and other users of the Service. ADM does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. ADM can (and you authorize ADM to) disclose any information about you to private entities, law enforcement agencies or government officials, as ADM, in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. You agree that ADM may communicate with you via instant message or, if supplied, by email, and any similar technology, for any purpose relating to the Service, the Software and any services or software which may in the future be provided by ADM or on ADM's behalf. You agree to read the disclosures and be bound by the terms of the additional Privacy Policy information posted on our website at http://www.sinewavecompany.com/privacy. 6.2 ADM may observe and record your interaction within the Service, and may share aggregated and other general information (not including your personal information) with third parties. You acknowledge and agree that ADM, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service. ADM may share general, demographic, or aggregated information with third parties about our user base and Service usage, but that information will not include or be linked to any personal information without your consent. GENERAL PROVISIONS The rights and obligations of the parties under this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods; but such rights and obligations shall be governed by and construed under English Law. The Service is controlled and operated by ADM from its offices in London, Great Britain. ADM makes no representation that any aspect of the Service is appropriate or available for use in jurisdictions outside of the UK. Those who choose to access the Service from other locations are responsible for compliance with applicable local laws. Any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, shall be finally settled by binding arbitration in the United Kingdom. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief or enforcement of this arbitration provision without breach of this arbitration provision. ADM's failure to act with respect to a breach by you or others does not waive ADM's right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by ADM under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of ADM. All or any of ADM's rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of ADM's assets. You may not assign or transfer this Agreement or any or all of your rights hereunder without the prior written consent of ADM, and any attempt to do so is void. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of ADM shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of ADM. This Agreement sets forth the entire understanding and agreement between you and ADM with respect to the subject matter hereof. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions. ADM may give notice to you by means of a general notice on our website at http://www.sinewaverobots.com, electronic mail to your e-mail address on our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All notices given by you or required under this Agreement shall be mailed to us at ADM, Unit 2, Michael Manley Industrial Estate, Stewart's Road, London, SW84TU, UK. Attn: Customer Service/TOS.
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Copyright © 2006-2008 Another Dimension Media Ltd. All rights reserved.
Second Life is a registered trademark.
