TERMS AND CONDITIONS OF METACOSMO SERVICE

Last Updated and Effective Date: April 12, 2012

A. PRELIMINARY REMARKS

This user licence (hereinafter referred to as "Agreement") describes conditions on which Gnosys Srl group having its registered office in Turin (Italy), Via della Rocca 21 cap. 10123 (hereinafter referred to as "the Company") allows "User" the access to InGrid, the virtual multimedia and multi-user platform, and the use of its website and servers for taking advantage of its online Service called "MetaCosmo". Registration to MetaCosmo and its ensuing use implies acceptance by the User of any and all conditions listed and described below and of the Policies attached to this Agreement as an integral and essential part hereof. The aforesaid conditions can be modified by the Company in any moment, by giving previous notice, as provided for by point 2.1.

By using MetaCosmo, you agree to and accept 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 MetaCosmo.

 

B. AGREEMENT OBJECT (Contents Index)

This Agreement implies the acceptance of the terms listed in the following 14 sections and of the Attachments. The User is responsible for considering any and all the contents described below (including Attachments) and declares full understanding and acceptance of this Agreement.

  1. Service Description
  2. Amendments, additions, restrictions to this Agreement
  3. Subjects enabled to MetaCosmo use
  4. Registration Modes and types of Accounts in MetaCosmo
  5. Personal data processing
  6. Users' behaviour in MetaCosmo
  7. EuroCredits, as exchange virtual tokens
  8. Virtual Spaces (Regions or SIM);
  9. Licensing and property rights
  10. Accounts' Interruption and/or closing
  11. Company's trademarks use
  12. Responsibilities, limits, and hold harmless clause
  13. Communications
  14. Jurisdiction
  15. Attachments

 

C. DEFINITION OF TERMS USED

C.1. - "MetaCosmo" or the "Service" shall refer to the multi-user service offered by the Company and covers the use of InGrid (see C.3.), of Servers (see C.4.), of connected websites (C.5), of Cosmo software - i.e. the official viewer for surfing MetaCosmo (see C.6) - of "MetaCosmo-generated Content " and of "User-generated Content"" (see C.7.).

C.2. - "T.O.S." (Terms of Service), hereinafter referred to as "Agreement", shall refer to the whole of rules, including the rules of the attached Policies which regulate the use of Service.

C.3. - "InGrid" shall refer to the software (i.e. the virtual platform) used by the Company in order to provide the Service.

C.4. - "Servers" shall refer to the on-line settings supporting the Service, including the protocols simulating the "settings" and the "scenes" in MetaCosmo.

C.5. - "Websites" are sites and services available within http://metacosmo.com domain and sub-domains and the correlated sites.

C.6. - "Kosmo" software shall refer to the official viewer, i.e. the application which can be downloaded from http://metacosmo.com/download site, by means of which it's possible to surf the virtual platform. There are other viewers allowed and listed in the Attachment IV. The viewers excluded from the list are not authorized and their use is therefore not allowed. The use of a not recognized viewer is considered a breach of the Terms of Service and implies the immediate interruption and - in the most serious cases - the Account cancellation.

C.7. - "Account" shall refer to the name chosen by the User, which can be the real one giving access to the service; each Account matches a relevant "Avatar" i.e. its digital representation. "Clone" shall refer to one or more additional avatars relevant to the same Account.

C.8. - "MetaCosmo-generated Content" shall refer to the whole of objects existing within the virtual platform, protected by copyright, whether they be constructions, creations, images, meshes, scripts, photos, music, software programs, animations, texts; "Users-generated Content" is therefore referred to any content that a User has loaded, published or sent to Servers, to the website or to the other service areas.

C.9. - "Intellectual property rights" shall refer to copyright including brands, logotypes, advertising rights, database rights, trade dress and other property rights provided for by legal rules.

C.10.- EuroCredits (€C) shall refer to "virtual tokens" emitted by the Company in order to allow contents' exchanges among Users within MetaCosmo. They do not refer to "money", but can be assimilated to a licence sale (see point 7).

C.11 - "Virtual Space" or "Virtual land" or "Region" or "SIM" is the three-dimensional space granted under limited license to the User within MetaCosmo which allows to make use of some Service functions provided for by Servers (see point 8).

C.12.- The term "Grid" shall refer to a whole of inter-connected Regions which are located on the same server or on different servers, belonging to the same network.

 

D. DETAILS OF ENCLOSED POLICIES

Policies mentioned in this Agreement are located in the Attachments as an integral and essential part hereof. The user declares he has read and accepted them.

a) Attachment I : Behavioural rules

b) Attachment II: Intellectual property

c) Attachment III: Invoicing policy and Listing of chargeable services

d) Attachment IV: Viewer admitted to surf MetaCosmo


1. DESCRIPTION AND DEFINITION OF METACOSMO SERVICE

1.1. MetaCosmo is a multi-user Service offered by the Company and includes Ingrid software, the Kosmo software package (the viewer which allows surfing), the website, and the Servers where virtual spaces are located.

1.2. The Company task is to give a turnkey Service (see 12) which allows Users to interact online, by exchanging data and information and by modifying as well the environment where they act. Since the Company neither controls nor certifies the communications' contents or the interactions among Users, it shall be held accountable neither for the contents nor for Users' behaviour.

1.3. The Company shall not be held accountable for quality, safety, legality, truth or precision of data exchanged within MetaCosmo; it shall neither guarantee nor certify the accuracy or precision of information exchanged, including any User identity information. Interactions and interchanges among Users are therefore a risk that the Service User shall take in full.

1.4. Because of its multimedia nature, the Service allows connections by means of links to sites, servers or third party's online services not own or controlled by the Company. It shall not be therefore held accountable as to these contents, claiming all the same the right to take legal action as provided for by the following 1.6. in case of irregularities or offences.

1.5 The intellectual property breach by a User to the detriment of another User within MetaCosmo is assimilated to a copyright breach and as such constitutes an infringement of Service utilization conditions; if established, it entails the immediate closing down of the Account responsible for. For more details see Policies in Attachment II (Intellectual property).

1.6 At its discretion the Company can refuse - whether in toto or partially - or delete any direct or indirect content considered potentially illegal, dangerous, harmful, prejudicial to the terms of Service, or in any case, judged incongruous and proceed - in the most serious cases - even to the cancellation of the Account responsible for (and of the relevant Clones). In this regard see Policies in Attachment I (Behavioural rules).

1.7 MetaCosmo could be subject to temporary Service suspensions, some of which planned and some others not. In both cases, the Company shall not be held responsible thereof and shall not grant any return of fees or other payments received before. In some cases Service breaks could produce a loss or a damage of data stored in servers. The Company shall not have the obligation to reproduce, extract or recreate lost/damaged data or refund the User for the suffered loss.

1.8 The Company shall not guarantee the Service temporal continuity and shall reserve the right to modify in any moment and without notice features and working modes. The User shall admit that the Service use is subject to this risk and mindfully take it.

1.9 MetaCosmo is a service governed by Italian Law; Users from abroad have to answer for any crime or breach according to local law.

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2. MODIFICATIONS, INTEGRATIONS, RESTRICTIONS TO THIS AGREEMENT

2.1 The Company shall reserve in any moment the right to modify, integrate or restrict this Agreement and to obtain the relevant approval by means of one or more of these ways: through the www.metacosmo.com site, the Kosmo viewer, after the login to the e-mail Account, to the address declared by the User upon subscription.

2.2 When the User uses MetaCosmo after modifications provided for by the previous point 2.1. he shall accept them automatically.

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3. SUBJECTS ENABLED TO METACOSMO SERVICE

3.1 By accepting this Agreement, the User declares he/she is eighteen-years-old at least. Should it emerge, upon adequate controls, that he/she is not major, the Company shall stop the Service without notice, by closing the Account. In no case, the Company shall be held accountable for actions performed by the minor within MetaCosmo during his or her visiting period.

3.2 Should MetaCosmo be used in the name and on behalf of a company, organization or any other legal person, the User declares he/she is a subordinate/collaborator/consultant of the same company or anyway a subject authorized by the same company. The Company shall reserve the right, in any time, to carry out the relevant check and - should it fail to obtain it - to suspend the Account.

3.3 MetaCosmo shall not be used by means of Clones during the whole period of the main Account's suspension, at the risk of definitive cancellation of the same.

3.4 MetaCosmo shall not be used through a new identity in the case one's own main Account has been terminated by the Company.

3.5 Users expelled by the Company on other virtual platforms shall not accede to MetaCosmo Service.

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4. ACCOUNTS REGISTRATION

4.1 In order to use MetaCosmo Service the User is required to register by creating an Account. The Account will allow identification within MetaCosmo and be associated to the Avatar chosen in this step. Registration shall be made on http://www.metacosmo.com site in the section "Login". Requested information shall be entered in the provided application form (MetaCosmo Data); information given shall be accurate, complete and true. The User shall update data he/she entered by using Account management instruments given in the same site.

4.2 The User can, at his/her discretion, create additional Accounts (Clones) provided that his/her main Account has met the requirements set for by this Agreement. More details relevant to registration and clones utilization are given in the following point 4.7.3.

4.3 The User shall be accountable for any and all activities carried out within MetaCosmo through his/her Account and the relevant Clones. Should the Company discover frauds, criminal offences or other behaviours infringing - even partially - the terms and conditions of this Agreement, it can suspend or close the Account and any relevant Clones.

4.4 Upon subscription the User shall give his/her name and any other information requested being sure to give them correct and true. Should he/she create an account on behalf of another person he/she shall have a regular authorization thereof. The Company shall reserve the right to remove an Account or a clone in the case it has offensive, coarse, ideological names or may create confusion with any and all trademarks or copyrights or other property rights, or may mislead other Users about his/her identity or affiliation (e.g. the name of a known real person). Even names already existing in other virtual realities shall not be used without the previous assent of the Company which will evaluate case by case the applications giving its consent only upon due controls.

4.5 The User shall be responsible for the password entered and shall keep it confidential and shall be held accountable for its incautious disclosure. In no case, the Company shall be held accountable for damages originated by the User failure to comply with this safety standard.

4.6 Should the User decide to take advantage of Chargeable Services offered within MetaCosmo, e.g. purchasing of virtual Spaces (SIM) he/she shall refer to "Envoicing policies and Listing of chargeable services" (Attachment III) where the detail of the different costs is set down for each item. The User shall accept to guarantee the payment in advance for services purchased and shall verify, for services given against a constant fee, (e.g. Virtual Spaces) that the chosen means of payment can satisfy this requirement during the whole period of use of the service. The Company can claim the right of suspending the Service or - in case of evident overdue payments - of closing the Account, taking any subsequent legal action for recovering the credit.

4.7 Metacosmo offers three subscription types. When subscribing, the User is free to choose which best suits his/her needs:

4.7.1 Guest Account: it's a transitional Account that provides for an activity period of thirty (30) days, after which if upgrade to Metacosmo has not been carried out, the access is automatically disabled. The user will have the possibility to ask the reactivation with upgrade from Guest to Meta through http://www.metacosmo.com site in the section "Account"; when the term is due the Account shall be definitely terminated without further notice. During its life span the Guest has functions suited for a simple exploration of MetaCosmo: it can move between the different Regions (provided that they have a public access), create and exchange contents, interact with other Users. It cannot access Chargeable Services including the purchase of EuroCredits or Virtual Spaces or create its own Clones.

4.7.2 Meta Account: it's the basic Account. It can operate all the functions provided for including the access to chargeable Services or the clones activation as better described in the following paragraph.

4.7.3 Clone Account; the User already registered in Meta Account can, because of service and/or business reasons, create his/her own Clones; such operation shall be carried out by log in to www.metacosmo.com site and by accessing to his/her own personal page which contains a special section. The creation of the first two Clones is free of charge while for the further ones the listing in Attachment III shall apply (Invoicing policy and listing of chargeable services).

4.8 The Company shall have the right to refuse for any reason the registration of an Account by terminating it immediately and - in the most serious cases - by stopping User access to MetaCosmo.

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5. USE OF PERSONAL DATA

5.1 The term "Personal Data" shall refer to any information that can be used for identifying a subject including his/her name and surname, home or job and e-mail address, telephone numbers and other contact information. The User shall allow the collection and use of his/her own personal data. The access to the information hereof is solely reserved to the Company employees and to the server provider of the Service.

5.2 There are different levels of information being collected depending also on how much the Service is used and on the type of Account used. The first information are requested while subscribing and directly given by the User. Further information come from websites relevant to the hardware used and to the type of connection and in the end information relevant to the Account, which shall include those given by User in his/her profile, scenes visited, transactions charges and parts involved etc.

5.3 The User can choose whether to disclose personal information and data by activating an Account Pro or through MetaCosmo Forum online. If he/she will do so, he/she shall be aware that these information will be disclosed and privacy policies give up.

5.4 The Company undertakes to protect Users privacy by using data and information given as to the previous point 5.2. in compliance with current regulations.

5.5 As a partial derogation from what above, the Company can disclose personal or other information relevant to Accounts, in the following cases:

5.5.1 to comply with current regulations or legal proceedings;

5.5.3 to protect the Company's interests and those of Users as well;

5.5.4 to help competent Authorities during an investigation for any suspected fraud or illegal action.

5.6 Whoever uses MetaCosmo or its websites outside Italy shall be aware that the personal information collected shall be filed in Italy at the Company's office; he/she shall therefore allow information transfer outside his/her Country.

5.7 The User shall allow the Company to communicate with him/her through the e-mail he/she has given for any and all purpose concerning Service.

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6. USERS' BEHAVIOUR IN METACOSMO

6.1. Using MetaCosmo, the User shall comply with some behavioural rules among which the Behavioural Standards (Attachment I) aimed at safeguarding the residents' interests

6.2. The User shall particularly accept not to perform any cyber piracy or activities which are either illegal or seen as virtually dangerous by the Company, especially not to transmit software contents or lines of code which can be harmful or anyway aiming to hinder the functionality of other Accounts, or performing systems prejudicial to other Users' privacy. Namely:

6.2.1. Sending or transmitting viruses, trojans, worms, spyware or any other similar application/program aiming at hindering the Service functioning or injuring the interests or rights of other Users;

6.2.2. Sending or transmitting programs aimed at collecting data or information about other Users without their consent;

6.2.3. Using spam, junk mail, letter chains, pyramid systems or any other tool aiming at transmitting unsolicited or unauthorized advertising;

6.2.4. performing by means of Clones - either directly or indirectly - behaviours that are prejudicial with the normal use of service by other Users;

6.2.5. Entering or trying an unauthorized access to Accounts of other Users or to virtual Spaces closed either to the public or to the Avatar trying the access

6.3. The User shall not transmit or publish contents either prohibited by law or considered upsetting, clearly violent, or breaking someway the rights of another User including rights and copyright of a third party. Namely:

6.3.1. publishing, displaying, transmitting contents breaking - in toto or partially - intellectual property rights including rights of a third party;

6.3.2. publishing, displaying, transmitting items considered prohibited under any law;

6.3.3. publishing, displaying, transmitting racial ethnic contents or inciting to discrimination;

6.3.4. publishing, displaying or transmitting contents defaming any religion;

6.3.5. impersonating other avatars or well-known people without their consent;

6.3.6. performing obscene or shameful behaviours thus harassing other Users;

6.3.7. publishing, displaying, transmitting any material which can be harmful, threatening, bothering, defamatory, false, slanderous or invading privacy of another User or even a person external to MetaCosmo.

6.4. Within MetaCosmo gambling shall be forbidden in any form; contents aiming at this purpose shall be immediately removed.

6.5. The User can - under his/her responsibility - report to the Company breakings of the behavioural standards hereof through the instrument of Report Abuse at his/her disposal in Kosmo viewer.

6.6. Any breaking of Rules of this Section and of Policies given in the Attachment shall imply a forewarn followed by the suspension and in the most serious cases by the cancellation of the Account. Should the User have used a Clone to harass other residents or anyway to break these rules, the disciplinary actions provided for shall affect the main Account.

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7. EUROCREDITS (€C)

7.1. Eurocredits (€C) are "virtual tokens" based upon a licence granted by the Company aimed to allow the exchange of contents, performances or services among Users. EuroCredits are available for purchasing and distribution at discretion of the Company and are not refundable against money.

7.2. Because of its nature, licence can be transferred by the owner to any other User

7.3. The User shall acknowledge that Eurocredit is neither a real value nor a financial instrument; the terms "buying" or "selling" Eurocredits shall be solely referred to the transfer of this licence.

7.4. The Company can, in any moment and without refunding or compensating, revoke licence for Eurocredits to an Account. This shall be in the following cases:

7.4.1. when Eurocredits issue is interrupted for any reason even not inherent to Company's working;

7.4.2. when the Account owner is found to have done frauds or cheatings;

7.4.3. when the Account owner has been cancelled for breaking this Agreement;

7.4.4. when the Account owner has not complied with payments obligations.

7.5. Eurocredits can be occasionally bought, sold or exchanged with other virtual tokens by subjects not affiliated with the Company. In these cases, the Company shall not, by no means, be held accountable for these transactions.

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8. VIRTUAL SPACE (SIM, REGION O LAND)

8.1. Within MetaCosmo it's possible to buy a licence to obtain one or more personal spaces on servers; these spaces are made available in the form of "Virtual Land" (also called "Sim" or "Region" or "Land"). Within, the owner shall have the possibility to manage contents in a complete independent way but complying with this Agreement's conditions allowing or denying the access to other Users. Any Agreement made with a Third Party-User shall be anyway consistent with the Service Terms thereof.

8.2. Virtual Space can be bought by Meta Accounts (Guests and Clones excepted) either by activating procedure on MetaCosmo website in the section "Buy a Land", or by buying it out from other Users-Sellers, as better defined in the next point 8.5. Virtual Space purchase and maintenance costs are defined in Attachment III (Invoicing Policy and listing of chargeable services).

8.3. Standard Region provides for a licenced space of 256 (two hundred fifty six) virtual metres per 256 (two hundred fifty six) virtual metres and allows to put in a total amount of contents of 16.000 (sixteen thousand) quarks (also called primitive or prim). Exceeding quarks (i.e. those over 16 thousand) shall be automatically removed without any previous notice and the Company shall not be held accountable neither for this return nor for objects which can be lost. The Region can take in no more than 80 avatar, over which it will be defined full and entering of further avatars will not be allowed.

8.4. Purchasing of Standard Regions by Companies or organizations shall be allowed when they use virtual spaces for non-profit or non-promoting aims but for corporate projects. In this case the Company shall provide them with the same characteristics as those set forth herein at reduced prices. For taking advantage of these special terms the User shall demonstrate to be part of this organization and shall engage in carrying out within the chosen Region the activity provided for by the purposes of the company or organization he/she represents.

8.5. The Service owner acknowledges that the Virtual Space is a licence fee and not a real property; it ensues that definitions such as "buying" and "selling" land have - as in the case of Eurocredits - the same meaning of "licencing in and out".

8.6. The license granted upon Virtual Spaces can be transferred by the owner to any other User provided that the latter complies with Agreement's rules and that the transferring modes comply with the Terms of Service. Notice of sale and taking over operations shall be given to the Company through a special ticket. The Company shall thereafter transfer Virtual Space maintenance costs upon the taking-over User.

8.7. Upon a Virtual Space purchasing, the User can ask his/her positioning on Grid and the name to be given to the Region. In order to guarantee privacy among residents, a Region shall not be close to another one but separated at least by a space on each side unless:

8.7.1. Regions belong to the same User who expressly apply for their side-by-side positioning;

8.7.2. Two different Users wish to put their properties side-by-side. In this case they shall both give e-mail communication to the Company.

8.8. The User owning a Region can sub-divide great dimension lands into smaller plots also in order to sublet these spaces and setting a rent. In this case he/she can authorize to modify totally or partially the characteristics of the plot rent out. Unlike the content of the previous point 8.6., this operation shall not imply an out-licence, therefore the licence owner shall remain the holder of any and all obligations undertaken with the Company particularly with reference to maintenance costs and compliance with the terms of this Agreement.

8.9. The Company shall reserve the right to control Virtual Spaces licenced out supervising that, in no case, conditions of this Agreement are broken. It shall also have the possibility of revoking - in any moment and without any notice, repayment or compensation - the licence granted should it find frauds, illegal behaviours or any other breaking of service terms, including non-payment.

The Company shall in particularly have the right:

8.9.1. to modify lands' sub-division methods, i.e. making available or giving other lands; confiscating abandoned ones or revising rules and policies relevant to connection and sub-division of regions;

8.9.2. to modify altitudes or textures of Lands owned either by Users or by the Company or modify Users' capacity of interacting on Land's characteristics;

8.9.3. to modify current rules or standards relevant to limitations of the type of contents, of the style and designing of virtual objects, and to modify rules for virtual spaces' buying and selling.

8.9.4. to change name of a Region, should it come out - for instance - that more regions have the same name or should the name break the rules as to this Agreement or break a third party' s rights;

8.9.5. to increase or reduce costs defined in the Listing of charges for purchasing and maintaining Virtual Spaces, to modify charges or change the relevant invoicing policy (e.g. method of payment);

8.9.6 to impose limits to resources, for instance to the amount of Avatars, quarks, meshes, scripts allowed;

8.9.7. to confiscate lands which are either no more supported or occupied by an Account not complying with rules;

8.9.8. to modify limits concerning the type of contents allowed, including categories of access

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9. LICENCES AND PROPERTY RIGHTS

9.1. The Company shall recognize intellectual property rights referred to the single User who guarantees to own these rights and/or licences and authorizes Company and MetaCosmo users to use them according to procedures provided for and regulated by this Agreement. The User - first hand - shall protect and enforce them. In particular, he/she shall verify the type of licence he/she owns and whether it gives the licensing-out possibility or is limited to personal use only.

9.2. By entering, displaying or presenting any content whose he/she is the owner through servers, website or other service areas, the User shall automatically grant the Company a "licence of user-generated contents". This non-exclusive and royalty-free license, liable to be subcontracted and transferred to a third party, allows the Company to display and distribute contents loaded only in order to promote and improve the Service. This licence includes also the right for the Company to copy and analyse the content thereof, if deemed necessary, also for debugging or test aims, always with a view to the service and its improvement.

9.3. By making his/her own contents available, the User allows users a non-exclusive "licence for user-generated contents" which enables access to the content and provides for the right to display, use, reproduce, distribute, prepare content-derived works within the limits set by himself/herself. More precisely the author shall use the system of authorizations provided for by MetaCosmo which consists in making - or not making - a content becoming a "copy", "modify", o "transfer" version thus showing other users how they can use, reproduce, distribute, prepare derived works or execute them by complying with these service terms.

9.4. Owning a licence for user-generated contents" involves only licence and the consequent right of use (within the written-above limits), therefore doesn't include buying the object's property or transferring any copyright or other intellectual property present in the content being bought. The use of terms like "buying" and "selling" as used in this Agreement shall be understood as follows:

9.4.1. "Selling" shall mean transferring a "licence of users-generated contents" either against eurocredits or another payment mode in compliance with the terms of service;

9.4.2. "Buying" shall mean acquiring a "licence of users-generated contents" against eurocredits or another type of payment in compliance with the terms of service.

9.5. At any time and for whatever reason the User can remove copies of contents entered in MetaCosmo; by doing so, the relevant licences shall be revoked without prejudice to some restrictions. It will therefore be possible to cancel copies of contents through Service standard functions (for instance by emptying the avatar inventory or website recycle bin) but cancellation hereto shall not apply to contents in other users' inventories or elsewhere in MetaCosmo. These contents will therefore survive. This shall also apply for the licence granted to the Company which remains valid in accordance to the previous point 9.2 provisions.

9.6. The User shall respect both third party's intellectual property rights relevant to imported contents, and - within MetaCosmo - Company's and other Users' rights. It is forbidden to publish, load, present any content protected by intellectual property rights (including privacy rights) if the User is not entitled to or without the owner's special authorization.

9.7. The prohibition provided for by the previous point 9.6 shall also be extended to contents created on other virtual platforms and imported both for personal and business use, even if their author is not present in MetaCosmo.

9.8. For more details or for what not provided for in this Section, referring to Attachment II (Intellectual property) is requested.

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10. TRADEMARKS USED

10.1. The Company shall have the exclusive use of its trademarks (as to logo and name) i.e.: MetaCosmo (indicating Service), InGrid (indicating virtual platform), Kosmo (indicating the resident viewer). The use of these trademarks by a third party shall be made upon a written authorization by the Company. In no case verbal agreements shall be considered valid.

10.2. The Company shall have the right to take any necessary steps in order to protect its trademarks from an unauthorised or improper use.

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11. ACCOUNT SUSPENSION AND TERMINATION

11.1. The User can suspend or cancel his/her Account at any time and for whatsoever reason by logging on http://www.metacosmo.com site and activating disabling procedure in the special section provided for in the personal page. The Account and the relevant Clones will be immediately suspended. The User shall however have 15 (fifteen) days' time for a possible re-activation to be requested through the same procedure. In absence of further notice and when time is over, the Account shall be definitively cancelled along with Clones and all data stored on server. Closing an Account shall entail the stopping of any and all obligations provided for by the Agreement hereto, withstanding the responsibility for debts non paid and upon which the Company shall have the right to be indemnified taking - if necessary - any and all available legal steps.

11.2. The Company can suspend or cancel any Account along with Clones, data and statements connected should it find a breaking of rules as to this Agreement that the User declared to accept. Upon Account closure, the Agreement hereto shall be automatically terminated.

11.3. The Company can either suspend or cancel an Account and the relevant Clones in order to safeguard MetaCosmo interests or whenever the Account hereof represents a risk for the community. It can be also suspended or cancelled without any further notice if Company suspects that access to MetaCosmo violates a condition of probation. The suspended or cancelled Account shall not have the right to any compensation or reimbursement. The User shall accept that Company shall not be held accountable for this suspension or closure.

11.4. The definitive cancellation of an Account, as written above, entails losing Clones and all licences, contents and data; the User shall accept this risk. After the Account cancellation the User will no more be able to have access to his/her bank statement or to contents or data stored on server. Any and all licences granted by the Company in order to use the Service, including those for virtual Spaces and for EuroCredits, shall be invalidated without having right to claim for damages.

11.5. Both in the case of intentional and forced cancellation, data created within MetaCosmo by the Account (data, meshes, scripts, texts, music, or whatsoever content) shall remain and the User shall not have the possibility to request a compensation or refund.

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12. RESPONSIBILITIES, LIMITS AND HOLD HARMLESS CLAUSE

12.1. The Company shall neither control and be held accountable for either direct or indirect information given to Users nor shall be held accountable for their actions. The Company shall be expressly exempt from damages, losses and liabilities (actual or consequential) deriving from or connected to any dispute between Users.

12.2. The Company supplies a Service - including limitless support as to servers, website, Account opening and managing - and all data present in MetaCosmo, which can be defined as "turn-key project"; any and all contents, eurocredits and virtual spaces are released with no guarantees at all. The User shall take the risk of losing data he/she entered; there is no guarantee and neither implicit nor explicit value is recognized relevant to any intellectual property or right registered by the User in servers or present in his/her Account.

12.3. In no case, the Company shall be held accountable for any and all damages whether they be incidental, unexpected, indirect, consequential to the loss of data or gains deriving from Service malfunctioning (covering server, website, software), including the planned or unplanned suspension or termination of the Service. The Company shall not held accountable even for damages deriving from data and/or gains losses due to the suspension or closure of an Account.

12.4. The User shall expressly exempt the Company from any and all damages, responsibilities, claims, expenses, compensations possibly deriving from:

12.4.1. any and all violations by a third party using the same Service;

12.4.2. Misuse of Service, including any and all negligent or illegal behaviour of other Users within MetaCosmo.

12.5. The User is aware that his/her involvement in the Service, including creating or importing data, shall not make him/her become a Company's subordinate or a collaborator, being therefore anything whatsoever due as payment or indemnity for actions he/she has freely undertaken; the Agreement hereof shall not imply any franchising, partnership or joint venture relation.

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13. COMMUNICATIONS

13.1. Any and all communications under the Agreement hereto and any other which may arise afterwards during the contractual relationship, shall be sent to the Company office (Via della Rocca 21, 10123 Torino Italia), or mailed to the following addresses:

 

This e-mail address is being protected from spambots. You need JavaScript enabled to view it in order to request general information about service;

This e-mail address is being protected from spambots. You need JavaScript enabled to view it in order to communicate any Avatar or bank statement-related problem; possible bugs relevant to the site or to Kosmo viewer shall be communicated on this e-mail address.

This e-mail address is being protected from spambots. You need JavaScript enabled to view it in order to request information about sales or just for getting commercial support;

This e-mail address is being protected from spambots. You need JavaScript enabled to view it for communications about brochures, articles, posts or interviews;

This e-mail address is being protected from spambots. You need JavaScript enabled to view it for communications and obtaining legal information or for denouncing illegal behaviours.

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14. JURISDICTION

14.1. The parties agree that the Turin Court shall have jurisdiction to hear any dispute under this Agreement excluding Courts located where the User lives or where the Agreement (including the Attachments thereof) has been executed (through acceptance) or where the obligation deriving from the judgement is to be fulfilled.

 

 



ATTACHMENTS

Date of last revision: May 01, 2012

Attachments Index:

 


Attachment I - Behavioural Rules

Similarly to what happens in real life, MetaCosmo use provides for the compliance with behavioural guidelines based upon correctness and mutual respect among Users. Breaking these rules, as specified in point 6 determines a breaking of the Terms of Service and can bring to an Account suspension, and in the most serious cases, to its deletion. Behavioural Rules as written hereunder apply to any and all MetaCosmo areas including Forum, 3D Store and Website.

1. Harassments

Said that harassment can - in a virtual world - imply many connotations, a censurable behaviour generally refers to interacting with other Users in offensive, vulgar, coarse ways. This behavioural category includes also cases of threats, intimidations, advances or unsolicited sexual propositions. Even pushing or yanking another Avatar by using scripts or other functions shall be considered harassment.

2. Racism and intolerance

Using an offensive, coarse or humiliating behaviour towards another User or group of Users being of a different race, ethnic group, religion or sexual orientation shall not be tolerated in MetaCosmo.

3. Privacy violation

Disclosing Users' personal data - i.e. age, marital status, state of health, religious or politic beliefs, sexual preferences, real or clone names and any other data not present in the "Account's Profile" - without their consent is considered a privacy violation. Likewise, conversations' remote monitoring, recording and sharing conversations or parts of conversations without the participants' consent shall not - by no means - be allowed.

4. Troubling actions

 

Actions shall be considered troubling - and therefore punished - when negatively interfering within MetaCosmo community. Troubling actions can be for instance breaking planned events, spamming (see point 6), using either repeated sounds or scripts in order to slow down servers' performances or to harass other Users.

 


Attachment II - Intellectual property

Creating contents within MetaCosmo entails that these contents are original and whenever they are inspired to real objects such as clothing, cars, gadgets it is necessary being sure not to misuse another intellectual property such a brand name, a logo, a distinguishing aspect of a particular product (known as trade dress). Also characters or movie material and the actors themselves are protected (in the form of advertising right) by copyright. It is therefore forbidden using material protected by copyright or registered marks or logos unless their use is expressly authorised by the owner or whoever is entitled to. Without being authorised to, it is advised not to make a simple scribal error within the brand name since this trick gives no protection against any legal action by the parties entitled to. When creating real-world-inspired objects not imitating a characteristic and identifiable product will be reasonable. As written above, celebrities have an advertising right recognized both in USA and in UE so that they can control their names, resemblances and any other identity aspects. Whenever a brand owner or a celebrity guesses that his/her right has been prejudiced within MetaCosmo he/she can send an infringement notice to the following e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it demonstrating to be the actual owner or the intellectual property or his/her legal representative or authorized agent. They shall also give account name and path within MetaCosmo (coordinates and name of Region or URL if on the website) where the infringement is thought to have been. Importing meshes produced by 3D makers is nearly always subject to limitations and copyrights. It ensues that if one of these creations has to be imported in MetaCosmo, it's necessary to carefully verify the user licence attached to the model and act accordingly. The User who has imported meshes shall be responsible for its use within MetaCosmo.

 


Attachment III - Invoicing policy and listing of chargeable services Introduction

"Invoicing policy" of MetaCosmo chargeable Services and the relevant listing of charges are an integral and substantive party of the Terms of Service of the Agreement hereto. Access to MetaCosmo is free of charges, nevertheless some payments are provided for should the User decide to have access to the following Services: 1) Virtual spaces' purchasing-and-maintenance fee 2) Virtual spaces' rent 3) EuroCredits' buying and selling 4) Optional Services There are also other fees - connected to the use of Service - called " Lumpsum payment of services" such as those inherent to textures, sculpts, meshes, multimedia contents etc. and those inherent the formation of groups or the re-activation of a voluntarily closed Account. The last ones are nevertheless expressed in EuroCredits and are treated separately.

Invoicing Policy

a.1. Almost all statements in the Listing of charges hereof (excepting those expressed in EuroCredits) are given on a monthly basis. Amounts are invoiced monthly always on the same date (e.g. the 15th) starting from the date in which subscription is made.

a.2. Since Service is supplied in Italy, all prices applied and transactions made (excepting buying and selling within Metacosmo which are regulated in EuroCredits) deduce 21% VAT. On any Account's banking statement, which can be downloaded also in in PDF format, it's possible to notice a summary section of any and all operations made, written in a single total amount. This serves as a monthly synthesis of IVA invoices. Upon request to the Company the User will have the possibility of receiving at home a summary invoice.

a.3. Should the User notice any unexpected or questionable charges on his/her bank statement, he/she is suggested to collect any available information and send them to the Company either by opening a special ticket or by mailing a copy of documents to This e-mail address is being protected from spambots. You need JavaScript enabled to view it specifying the reason of the protest.

LISTING OF CHARGEABLE SERVICES

 

FEE FOR BUYING AND MAINTAINING VIRTUAL SPACES (REGIONS)

Buying virtual spaces is subject to the payment of an "installation cost" and of a "monthly fee". Two types of Virtual Space are available: the Standard Region and the Educational Region. The last one is reserved to companies, authorities and/or institutions using these spaces for non-profit aims. Virtual spaces technical specifications are located in points 8.3 e 8.4 written above.

Tab. 1

The installation cost is paid on a lump sum basis and shall not be refunded by the Company when User will give the Region back. Costs are paid in advance and directly charged on credit cards or on PayPal accounts. By giving a credit card number or another method having similar characteristics of payment authorization, the User enables the Company to make withdrawals relevant to charges due until his/her Account is active and makes use of the Service The Company shall in no case be held liable for any additional charges on User's credit card, for instance should plafond provided for by the same card be exceeded.

FEES FOR RENTING A REGION

It's possible to rent a whole Region for a short period (minimum 3 days). The cost, payable through credit card or PayPal shall be charged the first day of renting and amount to 10 euro per day plus VAT. The User will have property privileges for the rental duration. For periods equal or longer than a week he/she will have the possibility to ask the Company the name and the position on Grid to give to the Region and this Service shall be given free of charge.

COMMISSIONS ON EUROCREDITS TRANSACTIONS

In order to favour the Company exchanges within MetaCosmo, the Users can change their currency into Eurocredits, authorising the Company to charge on credit cards or PayPal the relevant commissions and, in the case of a non-UE resident, the additional charges for converting the respecting currencies into euro. These costs are summarized in Table II.

Tab. 2

Eurocredits can be bought through www.metacosmo.com site in the Account section or directly within MetaCosmo by selecting button €C which is to the left of Account's eurocredits' balance.

OPTIONAL SERVICES

Other optional Services connected to the management of a Region can be requested. They are summarized in Table III.

Tab. 3

LUMP SUM-BASIS CHARGES FOR USING SERVICE

Finally, there are other costs expressed only in eurocredits, subject - therefore - to taxation only at the moment of buying the virtual currency, called charges for using service which are debited only when the service is used. (see Table VI).

Tab. 4

 


Attachment IV - Viewers admitted to surf MetaCosmo

As described in Preliminary Remarks, the viewer (or Client) is the application which allows surfing and interacting with a virtual world. The User is suggested to use the official client Kosmo which allows, among other things, to fully exploit all MetaCosmo functions. Another allowed viewer is Storage Inventory (former Second Inventory) . It shall be noticed that the use of a viewer or of any application not present in the list entails the immediate suspension and - in the most serious cases - the Avatar cancellation.

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