1.3. Terms of Use

Acceptance of Terms

WELCOME TO OVTwo.COM, A NON PROFIT COMMUNITY ("OVTwo"). ANY REFERENCE TO OVTwo WILL INCLUDE ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS. OVTwo PROVIDES ITS WEBSITE, ONLINE GAMING WORLD AND RELATED SERVICES ("SITE") TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, INCLUDING THE PRIVACY POLICY, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. OVTwo CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THE SITE. OVTwo MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATIONS ARE UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THE SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

Registration Information

In consideration of your use of the Site, you agree to provide true, accurate, and complete information about yourself as prompted by the Site registration, provided that in connection with registration, you do not need to use your full or true name for your username. In addition, you agree to update that information in order to maintain its truth, accuracy, and completeness. OVTwo may deny you access to the Site in the event that your required information is untrue, inaccurate, or incomplete.

User Account, Password, and Security

You will receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify OVTwo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. OVTwo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section, including but not limited to deletion of the account or obtained items, communications under the account and any purchases made. If OVTwo researches and finds that losses or disruptions from your account occurred due to a voluntary transmittal of your password or account information, we reserve the right to suspend, ban, or delete your account.

No Ownership Rights in Account

You acknowledge and agree that you shall have no ownership or other property interest in the account, or the personal spaces you create or in any way enhance through your time, purchases or resources, and further acknowledge and agree that all rights in and to the account or the personal spaces you create or in any way enhance through your time, purchases or resources, are and shall forever be owned by OVTwo.

Code of Conduct

1. While in OVTwo, you must respect the rights of others and their rights to enjoy the world. To this end you may not defraud, harass, threaten, impersonate, give unwanted attention or cause distress to other users. OVTwo reserves the absolute right to define the foregoing terms, and determine whether such prohibitions have been violated.
2. You may not transmit or post any content, imagery or language which, in the sole and absolute discretion of OVTwo, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, racially, ethnically or otherwise objectionable, nor may you use a misspelling, or an alternative spelling to circumvent intent of this section, the content and language restrictions listed above.
3. While in OVTwo, you may not spam or flood the chat system, profile comments, user emails, or forums with repetitive text, images or obscene language.
4. You may not use the chat system, profile comments, user emails, or forums to advertise or promote external websites or companies.
5. You may not use information gathered on OVTwo to spam other OVTwo users with offers of goods or services.
6. You may not impersonate any employee or representative of OVTwo.
7. You may not violate any local, state, national, or international laws or regulations.
8. You must follow the instructions of any OVTwo employee or representative while in OVTwo.
9. You may not misrepresent your age in any way.
10. You may not attempt to interfere with, hack into, or decipher any transmissions to or from the servers running the Site.
11. You may not attempt to exploit or reproduce any bug in the Site and you will not communicate the existence of any such exploitable bug to other users, instead immediately reporting any bug to OVTwo.
12. You may not release any real-life information about any other users or any OVTwo employees or representatives. Any release of your own user information is done so at your own risk.
13. You may not create duplicate threads about the same topic on the forums. This includes threads about other threads that were closed by a forum administrator.
14. You may not create posts or threads concerning disciplinary action taken against any user of the community, including chat logs, personal messages, or emails between that user and the OVTwo employee.
15. You may not falsely report users for things they have not done. We do consider this a form of harassment.
16. You may not post private conversations between yourself and any other OVTwo user, employee, or OVTwo representative. These include in world "tells", profile communications or any other forms of communication within OVTwo. You may not post these on the Forums, on your profile page or upload them as media.
17. You may not access the Site for purposes of conducting research or competitive analysis, such as, but not limited to estimating the size of the Site or its populations, or conducting demographic research, social experiments, benchmarking, feature performance and/or comparisons without the prior written consent of OVTwo;
18. If you meet others in the Site and end up doing business with them, those interactions are between you and them; OVTwo is in no way responsible for such interactions or the terms or conditions related to such transactions. You agree that OVTwo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
19. If there is a dispute between users of the Site, or between users and any third party, you agree that OVTwo, its partners, providers, subsidiaries, affiliates, officers, directors, employees, contractors, agents, and/or successors thereof (collectively OVTwo Parties) are under no obligation to become involved. If you have a dispute with one or more other users or third parties, you hereby release OVTwo Parties from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site.
20. Users agree that they shall have attained their 13th birthday prior to using the Site.
21. You may not ask other users for personal or account information. Trying to scam people or phish for passwords will result in an automatic banning of your account.

Transfer or Trading of Accounts or Virtual Goods

OVTwo does not recognize the transfer of accounts between users, or prospective users. You may not purchase, sell, gift or trade your account, or offer to purchase, sell, gift or trade your account. If you try to trade or assign accounts, OVTwo will not recognize your account and may terminate it. To the extent you try to sell, transfer, or gift virtual goods outside of the Site, OVTwo will not recognize such transfers. You cannot sell any virtual goods or services from the Site in the real world.

Personal Spaces

OVTwo may allow you to create your own Personal Space within the OVTwo virtual world which you may decorate with virtual furniture and use to entertain your friends. While you can create your own Personal Space, please understand that if you create and hang out in a Personal Space that you still have to follow the rules in the Terms of Use. This means that if you break the rules of OVTwo, even in your Personal Space, OVTwo can still take any and all actions against you, including suspending or terminating your account.

Expectations and Monitoring

1. Content.
   To allow for the free flow exchange of ideas, data, conversations, documents, text, audio, video, audio-video works, materials or information (collectively content) are not routinely reviewed before being posted on or within the Site. As a result, OVTwo has no control over any content posted on or within the Site and makes no representations or claims regarding the quality, reliability or accuracy of such content. OVTwo takes no responsibility or liability for any content posted on or within the Site.
   
   While in the Site, you understand that you may come across or be exposed to content that is prohibited or that you may find offensive. If you become exposed to any prohibited or offensive content, you waive your right to any damages from OVTwo, and further agree to hold OVTwo harmless, acknowledge that OVTwo will have no liability related to content, whether or not arising under the laws of intellectual property, defamation, privacy, obscenity, indecency or otherwise.
   
   
2. OVTwo Employee Etiquette (Asking for Passwords or Personal Information).
   In the Site, OVTwo employees or agents will NEVER ask you for personal information, including passwords for your OVTwo accounts. If someone purporting to be a representative of OVTwo asks you for personal information or your passwords, whether that be in e-mail or in the Site, you should immediately report such behavior to OVTwo.
   
   
3. Limits.
   You acknowledge and agree that OVTwo may establish limits concerning use of the Site, including, but not limited to, the maximum number of days that content will be retained by OVTwo, the maximum number and size of postings, the maximum number of days an account will be saved that is inactive, email messages, or other content that may be transmitted or stored by OVTwo, and where, how, and how often you may access OVTwo. You agree that OVTwo has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by OVTwo. You acknowledge that OVTwo reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that OVTwo Parties shall not be liable to you or to any third party for any modification, suspension or discontinuance of its any of its products and services.

Investigations, Suspension and/or Revocation of Privileges and Removal of Content

In order to ensure that OVTwo is able to provide a Site that is responsive to customer needs, OVTwo employees may need to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. OVTwo shall not disclose the existence or occurrence of such an investigation unless required by law.

You understand that your participation in the Site is a privilege, not a right. You understand that OVTwo, may immediately and without notice, in its sole discretion, suspend, delete or deactivate your account (temporarily or permanently), block your e-mail address or IP address or terminate access to all or part of the Site. OVTwo may further remove any content from the Site for any reason.

OVTwo may take any action as OVTwo in its sole discretion deems necessary if OVTwo believes it may create liability for OVTwo Parties including, but not limited to, removing any content and/or terminating a user's account if a user's conduct fails to conform with these Terms of Use.

Users who violate the Terms of Use may additionally incur criminal and/or civil liability. OVTwo may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations. OVTwo also reserves the right to terminate your account if we learn or have reason to believe that you have provided us with false or misleading registration information, interfered with other users or the Site, or violated these Terms of Use.

You agree that OVTwo shall not be liable to you or any third-party for any termination of your access to the Site. OVTwo will not reimburse or compensate you if it takes any actions. If you wish to terminate your account or your child's account, you must provide written notice to OVTwo by sending an email with the username and email address to: terminate@OVTwo.com. You must send the email from the email address on file for the OVTwo account you wish to terminate.

Privacy Policy

By registering and/or accessing the Site, you agree to abide by the OVTwo Privacy Policy. You can find the Privacy Policy at the bottom of the site.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK, THAT ANY CONTENT SUBMITTED, SUPPLIED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA, PROFITS, OR BUSINESS THAT MAY RESULT.

THE SITE IS PROVIDED BY OVTwo PARTIES ON AN "AS IS" BASIS. OVTwo PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USE AND OPERATION OF THE SITE, THE ACCURACY AND/OR RELIABILITY OF CONTENT IN THE SITE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, ANY INTERACTIONS IN THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. OVTwo DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OVTwo PARTIES DO NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU AGREE THAT IN NO EVENT WILL OVTwo BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR ANY WEB SITES LINKED TO THE SITE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR THE CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.