This is a contract:
This Terms of Service document (this “Agreement”) constitutes a legally binding contract between The Encore Escape LLC (“TEE” or “The Encore Escape” or “Encore Escape”) and the person or organization (the “Client”) who submits an order for services, who pays for services and/or uses the services of The Encore Escape LLC. Use of services includes, but is not limited to use or access to the webpage, the 3d environment, any other services provided by The Encore Escape. (Webpage, 3d environment and other services may be referred to as the “Services” or the “Website”). THE ENCORE ESCAPE shall also be known, in this document, as “We” or “Us” or “Our”. Any mention of “the and/or this website shall be considered as the property of THE ENCORE ESCAPE.
2.1 CLIENT SIGNIFIES ITS ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF THE ENCORE ESCAPE’s PRIVACY NOTICE, WHICH ARE PUBLISHED AT www.THE ENCORE ESCAPE.com, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the The Encore Escape Website.
2.3 Website Access
The Encore Escape hereby grants you permission to use the Website and/or virtual world as set forth in this Terms of Service, provided that: (i) your use of the Website and/or virtual world as permitted is solely for your use; (ii) you will not copy or distribute any part of the Website and/or virtual world in any medium without The Encore Escape’s prior written authorization; (iii) you will not alter or modify any part of the Website and/or virtual world other than as may be reasonably necessary to use the Website and/or virtual world for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
In order to access some features of the Website and/or virtual world, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Encore Escape immediately of any breach of security or unauthorized use of your account. Failure to notify The Encore Escape of such a breach is a violation of this contract and breach of contract. Although The Encore Escape will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Encore Escape or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website and/or virtual world in a manner that sends more request messages to the Encore Escape servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser or virtual world viewer. Notwithstanding the foregoing, The Encore Escape grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Encore Escape reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website and/or virtual world, nor to use the communication systems provided by the Website and/or virtual world for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their user Submissions.
The Encore Escape provides the following services:
Virtual World Land Region Sales
Virtual World Advertising
Affiliate marketing tools and services
Generally all types of services that are offered by and through virtual environments on a regular basis
The Encore Escape LLC will provide the Services ordered by the Client, subject to all of the terms, conditions and limitations applicable to the Services set forth on the www. The Encore Escape.com website. The Client will pay for the Services at the price indicated in the order. The Encore Escape may change the prices for the Services at any time and any such change in prices will be effective thirty (30) days after The Encore Escape posts the change on its website. Pricing may be found on our pricing page at: www.THE ENCORE ESCAPE.com
All fees collected under this Agreement are fully earned when due and nonrefundable when paid. All fees due under this Agreement must be paid in United States dollars via credit card, PayPal, or other payment method acceptable to The Encore Escape. Client agrees to provide its accurate name, mailing address, telephone and other contact information in Client’s profile and to update such contact details as they may change.
Currency: The Encore Escape allows for in-world / on-website currency to allow users to transact business within the Encore Escape environment. The currency services are furnished by Gloebit who will in turn be using an exchange agent called Gloebit Exchange. The Encore Escape is not responsible for any issues pertaining to currency and all issues pertaining to currency will be passed along to Gloebit. You understand and agree that The Encore Escape is not responsible for any issues pertaining to currency. However, abuse of the currency system shall not be allowed and The Encore Escape reserves the right to terminate your account at any time for any reason, without any advanced notice in the sole discretion of The Encore Escape and blocking access to any in-world currency at that time in your possession. You agree that you will have no claim against The Encore Escape for such an action or for the loss of any such currency.
On March 25, 2014 the IRS announced that virtual currency shall be treated as property for U.S. federal tax purposes. However, you should also note that: Wages paid to employees using virtual currency are taxable to the employee, must be reported by an employer on a Form W-2, and are subject to federal income tax withholding and payroll taxes. Payments using virtual currency made to independent contractors and other service providers are taxable and self-employment tax rules generally apply. Normally, payers must issue Form 1099. The character of gain or loss from the sale or exchange of virtual currency depends on whether the virtual currency is a capital asset in the hands of the taxpayer. A payment made using virtual currency is subject to information reporting to the same extent as any other payment made in property. (see www.irs.gov/pub/irs-drop/n-14-21.pdf)
Death of a user: If a user of The Encore Escape service’s dies without a will being submitted by an authorized representative or is absent without logging in for two (2) or more years all assets shall escheat to The Encore Escape. If a will is submitted by an authorized representative then The Encore Escape shall comply with the valid requests of any court appointed representative.
3.1 User Activity Acceptable Use:
You may use the Services only in accordance with this Agreement, applicable laws in the United States and the applicable laws of any other jurisdiction. Client agrees not to use the Services in any manner that violates the The Encore Escape Acceptable Use Policy. In addition, the Client agrees that it will not use the Services to: Engage in any illegal or tortuous activity; Violate the patent, copyright, trademark, trade secret or other intellectual property rights of any third party; Sell or distribute illegal adult oriented content that features nudity, sexual acts or adult-themed material unless in an area that allows for such adult sales; or Publish or distribute in any manner any content that is harassing, hateful, racially or ethnically offensive, child pornography, intellectual property rights infringing content, Nazi, race discrimination, bullying, hate-speech, propaganda, defamation of character, slander, gives rise to civil liability for The Encore Escape, impersonate another person, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable to The Encore Escape the latter of which shall be decided by The Encore Escape in its sole discretion. We reserve right to discontinue user accounts or to delete, or not permit to work, user content, programs or scripts that we believe may harm user experience. If you know or see anyone being bullied or harmed by others, inform the website administrators immediately. You can report abuse through contacting us at this web address: www.theencoreescape.com
3.2 You shall be solely responsible for your own user submissions / content and the consequences of posting or publishing them. In connection with user submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize to The Encore Escape to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all content user places on The Encore Escape to enable inclusion and use of the content in the manner contemplated by the Website and these Terms of Service; and (ii) if the content includes the likeness of third parties, that you have the written consent, release, and/or permission of each and every identifiable individual person in the content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the content in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in content. However, by submitting the content to The Encore Escape, you hereby grant The Encore Escape a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user content in connection with the The Encore Escape Website and any The Encore Escape successor’s business, for the purposes elicited in this TOS; re: presentation and use on the website (and derivative works thereof) in any media formats and through any media channels. You also grant The Encore Escape the right to embed tags in your content for purposes of tracing the content.
The Encore Escape does not hold any Music and/or Media Licenses allowing us to stream copyrighted material. If you should cause the streaming of any music or other media you must be sure you have the legal right to do so. The Encore Escape will not assume any liability to any Music and/or Media streams on your behalf. You are solely responsible for all content uploaded or streamed using our services.
3.3 If you make your content publically accessible, you also hereby grant each user of the Encore Escape Website and/or virtual world a non-exclusive license to access your content through the Website and/or virtual world, and to use, reproduce, distribute, prepare derivative works of, display and perform such user Submissions as permitted through the functionality of the Website and/or virtual world and under these Terms of Service. Functionality may be modified based on the content rights and the covenants on the land where the content exists. You, as a user of The Encore Escape agree to conform to the stated covenants applied to the content itself and that of the land it resides to not attempt to ‘get around,’ ‘hack,’ or ‘modify’ said covenants.
3.4 The foregoing license to each user or The Encore Escape granted by you terminates once you remove or delete the content from The Encore Escape Website and/or virtual world unless you have sold or provided a license to use the content to The Encore Escape or other The Encore Escape users whom shall have the continued rights to use the content subject to your previous sale or license and associated terms/covenants. For the sake of clarity this also means that photography and videotaping (this includes machinima) (“Footage”) of the content may be permitted if allowed by the license / covenant. Footage rights shall be in accordance with the granted permissions of the owner of the content.
Note: It should be noted that footage may fall within ‘fair use,’ however The Encore Escape will not make any decisions pertaining to what is and is not fair use. Accordingly it is the responsibility of the client to enforce or not enforce their copyright and other intellectual property rights as is their wont. The Encore Escape strongly suggests you contact a lawyer if you require advice pertaining to your legal rights in this or any regard.
The Encore Escape does not endorse any user submitted content or any opinion, recommendation, or advice expressed therein, and The Encore Escape expressly disclaims any and all liability in connection with user content and or actions. The Encore Escape does not permit copyright infringing activities and infringement of intellectual property rights on its Website and/or virtual world, and The Encore Escape will remove all content and user submissions if properly notified that such Content or user submission infringes on another’s intellectual property rights. The Encore Escape reserves the right to remove Content and user Submissions without prior notice. The Encore Escape will also terminate a user’s access to its Website and/or virtual world, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website and/or virtual world more than twice.
The Encore Escape also reserves the right to decide whether content or a user submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. The Encore Escape may remove such user Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
As The Encore Escape is a service provider it claims safe harbor under the Digital Millennium Copyright Act (DMCA). In particular, if you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent
Copyright Agent: The Encore Escape LLC, Gary OConnor
9350 Sunrise Lakes Blvd., Sunrise, FL 33322
with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You understand that when using the The Encore Escape services, you will be exposed to user content from a variety of sources, and that The Encore Escape is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user content. You further understand and acknowledge that you may be exposed to user content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Encore Escape with respect thereto, and agree to indemnify and hold The Encore Escape, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
The Encore Escape permits you to link to materials on the Website and/or virtual world.
No Guarantee of Results:
The Client acknowledges that The Encore Escape LLC does not guarantee, imply, or predict any type of profit or response from the Services. The Services may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Services resulting from conditions of events outside the reasonable control of The Encore Escape and for which The Encore Escape.com will bear no responsibility. The Client irrevocably covenants, promises and agrees to indemnify The Encore Escape and its assigns and to hold them harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature that they may sustain or to which they may become subject arising out of or relating in any way to the use of the Services, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against any such claims or enforcing the prerogatives of The Encore Escape under this Agreement.
4.1 Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE THE ENCORE ESCAPE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENCORE ESCAPE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE THE ENCORE ESCAPE SERVICES AND YOUR USE THEREOF. THE ENCORE ESCAPE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY VIRTUAL WORLDS, SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR VIRTUAL WORLD BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THE ENCORE ESCAPE WEBSITE OR OTHER SERVICES. THE ENCORE ESCAPE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE THE ENCORE ESCAPE WEBSITE, VIRTUAL WORLDS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE ENCORE ESCAPE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
4.2. Limitation of Liability
IN NO EVENT SHALL THE ENCORE ESCAPE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER THROUGH NEGLIGENCE, GROSS NEGLIGENCE INTENTIONAL OR MALICIOUS ACTS OR OTHERWISE, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES OR OTHER SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES OR OTHER SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THE ENCORE ESCAPE WEBSITE OR VIRTUAL WORLDS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THEENCOREECAPE SHALL NOT BE LIABLE FOR user CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website and Virtual World is controlled and offered by The Encore Escape from its facilities in the United States of America. The Encore Escape makes no representations that The Encore Escape’s Website or Virtual World Services are appropriate or available for use in other locations. Those who access or use the The Encore Escape Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless The Encore Escape, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the The Encore Escape Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any content you place on the The Encore Escape site or Virtual World caused damage to a third party or (v) any claims that you placed up for sale and or sold on the The Encore Escape site or Virtual World which you did not have a right to sell. This defense and indemnification obligation will survive these Terms of Service and your use of the The Encore Escape Services.
5.0 Use of Client Data:
6.0 Billing Policy:
The Services will commence on the date Client’s order is accepted by The Encore Escape (the “Effective Date”) and will continue on the basis of successive monthly billing periods (with the first day of each billing period being a “Billing Date”) thereafter until terminated by either party. The Encore Escape will charge the Client’s credit card, PayPal account, or other payment method on each Billing Date for the billing period beginning on that date. If funds are not available or The Encore Escape otherwise is unable to collect any fees when due, The Encore Escape may continue to submit charges on Client’s credit card, PayPal account, or other payment method from time to time until all fees due are paid. The Encore Escape may suspend all or any portion of the Services at any time when fees are due and unpaid. Any fees due under this Agreement are net of any sales or use taxes, all of which are the sole responsibility of Client. At the end of each monthly agreement you will receive an email notifying you of the automatic renewal of the The Encore Escape Services. Clients who purchase Services with an annual billing arrangement may choose to continue services at that time or you may terminate services at that time. If you choose to renew your annual The Encore Escape subscription at that time services your credit card, PayPal account, or other payment method will be charged the advertised rate at that time. If you choose to cancel your subscription your services will be suspended at the end of your annual contract.
Client may notify of its wish to terminate this Agreement at any time within the billing period and actual termination shall take place thirty (30) after the next billing.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Encore Escape without restriction.
The Encore Escape may give notice to Client of any matter under this Agreement (a) orally, by calling Client’s representative or by leaving a voicemail for Client’s representative at the telephone number in Client’s profile, (b) by email to the email address provided by Client in Client’s profile, or (c) by regular mail to Client’s mailing address in Client’s profile. Client may give notice to The Encore Escape by filling out the contact form on the website located at: www.theencoreescape.com