RabbitStats

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RabbitStats Terms of Service

March 7th, 2008

The following terms and conditions govern all use of the Rabbit Glen Software, LLC website and all content, services and products available at or through the website, including, but not limited to, the RabbitStats service ("RabbitStats"), (taken together, the Website). The Website is owned and operated by Rabbit Glen Software, LLC. ("Rabbit Glen"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Rabbit Glen's Privacy Policy) and procedures that may be published from time to time on this Site by Rabbit Glen (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Rabbit Glen, acceptance is expressly limited to these terms.

Your RabbitStats Account and Site

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign a domain name to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Rabbit Glen may change or remove any account name or domain that it considers inappropriate or unlawful, or otherwise likely to cause Rabbit Glen liability. You must immediately notify Rabbit Glen of any unauthorized uses of your account or any other breaches of security. Rabbit Glen will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Second Life Terms of Service

RabbitStats is a service that monitors Linden Research, Inc's ("Linden Lab") service Second Life. Rabbit Glen does not operate Second Life and is not affiliated with Linden Lab. Rabbit Glen assumes that You will operate Your account in accordance to the Second Life Terms of Service. Following the Second Life Terms of Service is the responsibility of the RabbitStats account holder. Rabbit Glen will not be liable for any damages occurred if You operate Your account in a manner that causes You to breach the Second Life Terms of Service. Be aware that in the event You are found to be operating Your account in a manner that breaches the Second Life Terms of Service, Rabbit Glen will report the violation to Linden Lab.

Idle Accounts

Rabbit Glen requires at least one user per customer domain to log in at least once every 21 days. If You fail to log into the service, Rabbit Glen will slow down and eventually halt Your in-world collector objects to conserve bandwidth for both Linden Lab and Rabbit Glen. Customer accounts that are idle for an excessive period of time will be terminated and have their data purged from Rabbit Glen's database.

Levels of Service, Fees and Payment

Rabbit Glen offers several levels of service ("Entitlements") on the RabbitStats website. If You choose purchase additional Entitlements that charge fees, you must purchase credits either in-world or on the RabbitStats website. Credits will begin to be consumed on the day you sign up for a fee-based Entitlement, and will be consumed at the rate that the Entitlement defines. Credits are not refundable, however, if circumstances arise whereas Rabbit Glen shuts down the RabbitStats service, an attempt will be made to refund unconsumed credits. This refund is not guaranteed and will be made at Rabbit Glen's sole discretion.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which RabbitStats links, and that link to RabbitStats. Rabbit Glen does not have any control over those non-RabbitStats websites and webpages, and is not responsible for their contents or their use. By linking to a non-RabbitStats website or webpage, Rabbit Glen does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Rabbit Glen disclaims any responsibility for any harm resulting from your use of non-RabbitStats websites and webpages.

Copyright Infringement and DMCA Policy

As Rabbit Glen asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Rabbit Glen via our "Contact Us" method. Rabbit Glen will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Rabbit Glen or others, Rabbit Glen may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Rabbit Glen will have no obligation to provide a refund of any amounts previously paid to Rabbit Glen.

Intellectual Property

This Agreement does not transfer from Rabbit Glen to you any Rabbit Glen or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Rabbit Glen. Rabbit Glen, RabbitStats, the Rabbit Glen logo, and all other trademarks, service marks, graphics and logos used in connection with RabbitStats, or the Website are trademarks or registered trademarks of Rabbit Glen or Rabbit Glen's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Rabbit Glen or third-party trademarks.

Changes

Rabbit Glen reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Rabbit Glen may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Rabbit Glen may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your RabbitStats account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a RabbitStats account, such account can only be terminated by Rabbit Glen if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Rabbit Glen's notice to you thereof; provided that, Rabbit Glen can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided "as is". Rabbit Glen and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Rabbit Glen nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will Rabbit Glen, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Rabbit Glen under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Rabbit Glen shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Rabbit Glen's Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside), (ii) your use of the Website will be in strict accordance with the Second Life Terms of Service and (iii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Rabbit Glen, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Rabbit Glen and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Rabbit Glen, or by the posting by Rabbit Glen of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Montgomery County, Ohio. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Dayton, Ohio, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Rabbit Glen may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.


Creative Commons License Our Terms of Service is based on Automattic Inc's, Terms of Service from WordPress.com. They've generously placed their Terms of Service under the Creative Commons Sharealike license, and we do the same. Feel free to take this Terms of Service and use it as your own. Thanks, Automattic!

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