ShopArmidi.com MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND ShopArmidi.com CAN CHANGE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE BY POSTING UPDATED AN UPDATED VERSION OF THIS AGREEMENT ON THIS SITE. YOUR CONTINUED USE OF THIS SITE AND/OR PRODUCTS AFTER SUCH CHANGES HAVE BEEN POSTED ACKNOWLEDGES YOUR AGREEMENT TO THE MODIFICATIONS OR CHANGES, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THIS AGREEMENT POSTED ON THIS SITE PERIODICALLY FOR UPDATES AND CHANGES. Please see "Modification of the Site or Services or this Agreement."
You must be age 18 years or older to use ShopArmidi.com, related Services, purchase Armidi products, and to have a ShopArmidi.com account. Your Second Life account must be active and in good standing with Linden Lab. Any Second Life account holder with a history of permanent or elongated banning from Second Life, multiple DMCA claims against the account holder, any individual who has purposely exported or extracted goods, products, or files by Armidi or ShopArmidi.com without the permission of Armidi or ShopArmidi.com, any individual who has hosted any files or goods copyright Armidi on their computer, or on any server, excluding files downloaded by the official Second Life viewer to the Second Life cache without the use of other third-party programs and excluding files published by Armidi or ShopArmidi.com on the web meant for public consumption or use, and/or any individual who has distributed and/or sold unauthorized copies of goods, products, or files by Armidi or ShopArmidi.com, without the express written consent of ShopArmidi.com, may not use ShopArmidi.com, purchase Armidi products, or use any related services provided by any representative of ShopArmidi.com or Armidi.
In order to access certain features, sections or secure areas of ShopArmidi.com, you will need to register an account with ShopArmidi.com that is tied to a valid and active Second Life account. When registering with ShopArmidi.com, you must provide true, accurate, current, and complete information about yourself. You agree to maintain and promptly update your account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or is incomplete, or ShopArmidi.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ShopArmidi.com has the right to refuse any and all current or future use of the Service (or any portion thereof).
You will need to verify ownership of the Second Life account that you wish to use on the Site or Services, and your registration on ShopArmidi.com will not be complete or valid until you have verified ownership. You hereby grant authorization to ShopArmidi.com, directly, via it's representatives, agents, and/or through third parties, to make any inquiries that we feel necessary or appropriate to verify ownership of your Second Life account or validate your ShopArmidi.com account information.
- You may only associate one valid and active Second Life account with your ShopArmidi.com account. You must be the sole owner of the Second Life account. You will not use any Second Life account that you are not authorized to use, you agree not use any false identities or impersonate any person, Second Life account, or ShopArmidi.com account.
- You are solely responsible for maintaining the confidentiality of your account information, including but not limited to your user name and password. You agree that you will not, under any circumstances, disclose your password by any means to any person or third-party. You agree that you are entirely and solely responsible for any and all activities or actions that occur on your Account, regardless if you have authorized such activities or actions. You agree to notify ShopArmidi.com of any unauthorized use of your user name, password, account or any other breach of security immediately after such use being known to you.
Modification of the Site or Services or this Agreement.
Termination or Suspension
ShopArmidi.com reserves the right to immediately terminate or suspend your ShopArmidi.com account and refuse to provide any access to the Site or Services in the event that you breach any of this Agreement without any reason or notice to you. We also reserve the right, at our sole discretion, to immediately terminate or suspend your ShopArmidi.com account and refuse to provide any access to the Site or Services for any reason or no reason without notice. ShopArmidi.com also reserves the right to restrict access to or withhold ShopArmidi.com account, account information, credits, account balances, or other aspects or features of the web site for any or no reason or if there is reason to believe your account may be at risk or we have reason to believe you or your account may be associated with one or more fraudulent, illegal, or unauthorized transactions, activities, or if you have breached this Agreement in any way. Upon termination or restriction, all licenses and other rights granted to you by this Agreement will immediately cease. Any suspension, termination or cancellation by you or us, will not affect your obligations to ShopArmidi.com, it's representatives, or any individuals under this Agreement (including, but not limited to, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
ShopArmidi.com may notify authorities or take any actions it deems appropriate, without notice to you, if ShopArmidi.com suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: failed to comply with any provision of this Agreement or any policies or rules established by ShopArmidi.com; or engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, ShopArmidi.com, it's Users, or any other third parties or the Site or Services.
ShopArmidi.com Intellectual or Proprietary Rights and Ownership.
ShopArmidi.com owns all rights, titles and interests, including all worldwide intellectual property rights in the Site and all content thereon, excluding your User Submissions. You agree you will not remove, alter or conceal any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Site, ShopArmidi.com Content, or related products and services. You agree you will not reproduce, modify, adapt, prepare derivative works based on, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, ShopArmidi.com Content, or related products and services. You agree not to circumvent, disable or otherwise interfere with security related features that prevent or restrict use or copying of the Site or use, reproduce, modify, adapt, prepare derivative works based on, reverse-engineer, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site or any part thereof without the prior written permission of ShopArmidi.com.
ShopArmidi.com has no obligation to monitor or control the User Submissions that are uploaded, posted, submitted or otherwise transmitted using the Site or Services, for any purpose, and ShopArmidi.com is not responsible for the accuracy, usefulness, completeness, appropriateness, safety, legality or applicability of the User Submissions or anything said, depicted or written by ShopArmidi.com users, including but not limited to, any information obtained by using the ShopArmidi.com site. ShopArmidi.com does not endorse any advice, opinion, recommendation, or advice expressed through a User Submission and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ShopArmidi.com with respect thereto. You agree that all User Submissions submitted by you or any other user express the views of the author and ShopArmidi.com will not be held responsible or liable for the content in such submissions.
Trademarks & Copyrights
Armidi is a registered trademark of Armidi in the United States. All rights reserved. Other trademarks, names and logos on this Site are the property of their respective owners. Trademarks are the distinctive marks, names, words, logos, designs and symbols used to identify a product of a particular manufacturer or source.
ShopArmidi.com is entitled to the exclusive use of our respective trademarks, service marks and trade dress.
You are not authorized to use any of the trademarks, service marks and trade dress that appear on this Site in any manner for any purpose without the prior express written consent of ShopArmidi.com or the respective Third Party Owner, as the case may be.
ShopArmidi.com owns various intellectual property rights associated with its web sites, services, and/or products. A copyright is an exclusive right granted to an author of a literary or artistic work, giving the author the sole right to reproduce and distribute that work. Armidi owns copyrights in its designs, product design and execution; product packaging; manuals; labels; other artwork; publications; and many other aspects of our products.
Product Licensing and Intellectual or Proprietary Rights and Ownership.
In addition to the general definition of a Product, use of the term Product may also refer to any product or files created, owned, distributed or delivered by ShopArmidi.com, Armidi, or any of it's representatives or employers where applicable, including any source files, images, or copyrighted materials which make up the product or are included with the Product.
Products distributed and owned by ShopArmidi.com or Armidi are distributed with a non-transferable, limited use license. This license grants you the right to personal use of the Product strictly within Second Life on an AS-IS basis. You may not share, distribute, resell, transfer, copy to another account or extract, or export out of Second Life any form or aspect of the Product, including but not limited to, source files, images, or copyright materials. You may not re-import (via Image Upload, third-party person or software, or otherwise any other means of re-importing) any derivates, products, goods, source files, images, or other copyrighted materials by Armidi into Second Life or any other virtual worlds environment or software, web site, server, or other software.
Products are licensed on an AS-IS basis and shall not be modified outside the means of the Edit Toolbox in an Official Second Life viewer, whereas anything modified further than changing the color, texture, size, or arrangement of the Product using the Edit Toolbox would be considered an infringement. Products are granted unique permissions using the Second Life permissions system, these permissions shall be respected and shall not be changed under any circumstance, including but not limited, a hack, software exploit, or use of a third party software. The Second Life permissions system acts as a guideline to help understand the limitations offered by the Second Life viewer, including limiting the ability to transfer, modify, or copy a Product within Second Life, these permissions shall not act as the full extent of limitations under the license granted to you by ShopArmidi.com or Armidi and further described in this Agreement.
Except as otherwise expressly provided under this Agreement, you shall not, and shall not allow any third party or software to: (a) decompile, disassemble, extract, export, intercept, directly download, or otherwise reverse engineer or attempt to reconstruct or discover any source files, images, or copyright materials of the Product by any means whatsoever, to the maximum extent such restriction is allowable under applicable law, (b) alter, modify, enhance, or create a derivative work or improvement of any part of the Product, (c) remove, alter, or obscure any product identification, copyright, or other intellectual property marks embedded within the Product, (d) resell, re-license or sub-license, lease, lend the Product, or otherwise grant rights to the Product to any third party. You understand and agree that (d) the Product is licensed to you and not sold; and (e) ShopArmidi.com retails full ownership of the Product and all associated copyrights, trademarks, and other intellectual property rights therein.
All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Warranties and Obligations
All Armidi and ShopArmidi.com Credits, Products (including but not limited to virtual products), Services, are provided AS-IS and are non-refundable, except, in our sole and absolute discretion, and the purchase thereof are made at your own risk, and neither ShopArmidi.com or Armidi make any warranties for any Products or Services offered. Virtual products purchased will be delivered and available for use as soon as reasonably practicable. We are not responsible for the non-delivery of an item, including but not limited to, when the item is being delivered through a third party environment such as Second Life. Any feature or service offering a reimbursement, refund, exchange, or re-delivery service are also available on an AS-IS basis as a courtesy of ShopArmidi.com and are not guaranteed, and may be terminated at any time. ShopArmidi.com and Armidi are also under no obligation to provide any refund in any form for any item that is broken, that later becomes disabled, that is later removed or altered by the developer or by Linden Lab.
ShopArmidi.com also reserves the right to restrict access to ShopArmidi.com credits, account balances, or other aspects or features of the web site for any or no reason or if there is reason to believe your account may be at risk or we have reason to believe you or your account may be associated with one or more fraudulent, illegal, or unauthorized transactions, activities, or have breached this Agreement in any way.
You agree that ShopArmidi.com or it's representatives are not responsible for any loss or termination of service, products, or credits. By depositing or crediting your account with a virtual currency or any form of credits you are purchasing ShopArmidi.com credits. ShopArmidi.com account credits or account balances represent no monetary value and are not redeemable for any sum of money or monetary value from ShopArmidi.com at any time, and that any option to withdraw or convert your credits or account balance to a virtual currency (such as Linden Dollars) into your Second Life account is provided on an AS-IS basis and we are not obligated to continue offering this feature or service. Please do not deposit anything more than you are willing to spend on the purchase of products or services.
General Terms of Sale and Purchase of Product for Personal User Only
You may purchase products on this Site only for personal use and not for any form of resale or redistribution. You hereby agree that you are purchasing products for personal use only and not for resale or redistribution and you accept these general terms and conditions of sale.
We reserve the right to refuse products, orders, or service for any reason without explanation.
User Conduct and Obligations
The ShopArmidi.com Site and Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws in connection with your use of the ShopArmidi.com Site and Services. In addition, without limitation, you agree not do any of the following while using or accessing the ShopArmidi.com Site, ShopArmidi.com Content, or Services:
- Upload, post, email or transmit (a) any User Submission which you do not have the lawful right to copy, transmit and display; (b) any User Submission for which you do not have the consent or permission of each identifiable person in the User Content to use the name of each person (to the extent each is implicated by the User Submission) and such consent or permission in necessary; or (c) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including, but not limited to, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
- Upload, post, email or otherwise transmit, via the ShopArmidi.com Site or Services, any User Submissions that are deemed obscene, unlawful, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of ShopArmidi.com;
- Upload, post, e-mail, or disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Circumvent, disable or otherwise interfere with security related features of the ShopArmidi.com Site or features that prevent or restrict use or copying of any ShopArmidi.com Content.
- Use any meta tags or other hidden text or meta data utilizing an Armidi name, trademark, URL or product name.
- Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the ShopArmidi.com Site or Services to send altered, deceptive or false source-identifying information.
- Upload, post, email or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (a) interrupt, destroy or limit the functionality of any computer software; or (b) interfere with the access of any ShopArmidi.com User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the ShopArmidi.com Site.
- Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions.
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud.
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the ShopArmidi.com Site, servers or networks connected to the ShopArmidi.com Site or the technical delivery systems of ShopArmidi.com's providers or disobey any requirements, procedures, policies or regulations of networks connected to the ShopArmidi.com Site.
- Attempt to probe, scan or test the vulnerability of any ShopArmidi.com system or network or breach or impair or circumvent any security or authentication measures protecting the ShopArmidi.com Site or Services.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the ShopArmidi.com Site or Services.
- Collect or store personal data about other ShopArmidi.com Users without their express permission.
- Use the ShopArmidi.com Site or Services in any manner not permitted by this Agreement; or
- Encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement.
Disclaimer of Warranties
Your use of this Site is at your own risk. ShopArmidi.com makes no representation or warranty that the Site or Services will be error free, or that the errors will be corrected, and the site or services may contain inaccuracies or typographical or other errors. ShopArmidi.com does not warrant the accuracy of timeliness of the Content, Materials, or User Submissions contained on this Site. ShopArmidi.com has no liability for any errors or omissions in the Site, Services, Materials, and/or User Submissions.
The ShopArmidi.com site, services, ShopArmidi.com content and user submissions, and all materials, information, products and services included therein, are provided on an "as is," "as available" and "where-is" basis with no warranties of any kind. ShopArmidi.com expressly disclaims all warranties of any kind, express, implied or statutory, relating to the ShopArmidi.com site, services, ShopArmidi.com content, products, and user submissions, including, without limitation, the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights or third party rights, course of dealing or course of performance. unless otherwise explicitly stated, to the maximum extent permitted by applicable law, ShopArmidi.com disclaims any warranties: (a) regarding the security, accuracy, reliability, timeliness and performance of the ShopArmidi.com site; or (b) that the ShopArmidi.com site, services, ShopArmidi.com content and user submissions will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from ShopArmidi.com, will create any warranty not expressly stated in this agreement.
Limitation of Liability
In no event will ShopArmidi.com, its officers, directors, employees or agents, be liable to you for any damages whatsoever, including, without limitation, indirect, incidental, special, punitive or consequential damages arising out of or in connection with your use of the ShopArmidi.com site, services, ShopArmidi.com content and user submissions or the conduct of any ShopArmidi.com users whether online or offline, whether the damages are foreseeable and whether or not ShopArmidi.com has been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction and in no event will ShopArmidi.com's cumulative liability to you with respect to this agreement, exceed $100. ShopArmidi.com will not be liable for any loss of service, data, termination, interruptions or errors relating to the site or services, any consequences following interruptions or errors, downtime, or scheduled or unscheduled interruptions of the second life enviorment.
You agree to defend, indemnify and hold ShopArmidi.com, its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with: (a) your access to or use of the ShopArmidi.com Site, Services, ShopArmidi.com Content and User Submissions; (b) your violation of this Agreement; (c) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party, including, without limitation, claims that your User Submissions are infringing of a third party's intellectual property rights.
You will not voluntarily or by operation of law assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, or otherwise transfer the obligations incurred pursuant to the terms of this Agreement without the prior written consent of the Company. Any purported assignment or delegation by you without the appropriate prior written consent of ShopArmidi.com will be null and void. ShopArmidi.com may assign this Agreement or any rights hereunder without your consent.
Relationship of the Parties
For purposes of this Agreement, including if you become a Member, User, Purchaser, and/or create an Account, you are not an employee or agent of ShopArmidi.com and you will not represent that you are any of the foregoing. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract.
Severability and Waiver
In the event that any provision in this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of ShopArmidi.com to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
ShopArmidi.com will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of nature, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to ShopArmidi.com infrastructure or connectivity to the Internet or failure at a ShopArmidi.com co-location facility, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, ShopArmidi.com will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as required.
Consent to Electronic Notice
You hereby consent to the use of: (a) electronic means to complete this Agreement and to provide you with any notices given pursuant to this Agreement (including notices regarding the security of your data); and (b) electronic records to store information related to this Agreement.
This Agreement is the entire and exclusive agreement between ShopArmidi.com and you regarding the ShopArmidi.com Site, ShopArmidi.com Content and Services and supersede and replace any prior agreements between ShopArmidi.com and you regarding the ShopArmidi.com Site and Services. This Agreement and the relationship between you and ShopArmidi.com will be governed by the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Agreement and the rules, restrictions and policies contained herein, and ShopArmidi.com's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and ShopArmidi.com. This Agreement together with the rules and policies of ShopArmidi.com constitutes the entire agreement between ShopArmidi.com and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (i) by ShopArmidi.com via email (in each case to the address that you provide), (ii) a posting on the ShopArmidi.com Site or (iii) by you via e-mail to the addresses ShopArmidi.com may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
The headings contained in this Agreement are for convenience of reference only and are not intended to have any substantive significance in the construction or interpretation of this Agreement.
Links to Third Party Web Sites
This Site may provide links to third party websites (the "Third Party Websites"). Provider and ShopArmidi.com do not operate, control, endorse or guarantee any Third Party Websites. You agree that ShopArmidi.com and Provider are not responsible for any content, services and/or products provided by any Third Party Website. When you access any Third Party Website through a link posted on this Site, please carefully read the terms and conditions of use and other policies of such Third Party Website. This Agreement and other policies do not apply to any Third Party Website.
Your feedback is welcome and encouraged. You may submit feedback by contacting us via e-mail or via our Support System. You agree, however, that (i) by submitting unsolicited ideas to ShopArmidi.com or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to ShopArmidi.com or any of its employees or representatives automatically become the property of ShopArmidi.com. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to ShopArmidi.com together with all intellectual property rights therein.
If you have questions about this Agreement, please contact ShopArmidi.com.
If you need any other assistance, or request Customer Support, please visit the Support Section of this Site. There you will find information on products, orders, deliveries, registration and other important information regarding the services provided through this Site, as well as the option to contact a Support Representative.
LAST MODIFIED: NOVEMEBER 28th, 2008