Terms of Service - Sine Wave Company Animation

Welcome to The Sine Wave AO [The AO]. The following agreement (this "Agreement" or the "Terms of Service") describes the terms on which Another Dimension Media Ltd. ("ADM") offers you access to its services. This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Service, including your compliance with the policies and terms linked to (by way of the provided URLs) from this Agreement. By using The AO, you agree to 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 The AO. ADM may amend this Agreement at any time in its sole discretion, effective upon posting the amended Agreement at the domain or subdomains of http://www.sinewavecompany.com where the prior version of this Agreement was posted, or by communicating these changes through any written contact method we have established with you.

THE SERVICES AND CONTENT OF THE AO

1.1 Basic description of the service: The AO is a hosted web service for managing and deploying animations used in Second Life, Opensim and other virtual world platforms.

"The AO" is the multi-user online service offered by ADM, including without limitation: the server computation, web access, messaging and protocols that control and manage the The AOs, application program interfaces provided by ADM to you for use with The AO (the "APIs"), and access to the websites and services available from the domain and subdomains of http://animation.sinewavecompany.com (the "Websites"). The Servers, APIs, Websites and any other ADM Software collectively constitute the "Service" as used in this Agreement.

1.2 ADM is a service provider, which means, among other things, that ADM does not control various aspects of the Service.

You acknowledge that ADM is a service provider that allows people to manage and deploy animations. The ADM ADM has no control over the content chosen by users of the service. ADM does not regulate the content of communications or the actions of avatars using its service. As a result, ADM has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.

1.3 Content deployed by the Service is provided by users of the Service, not by ADM.

You acknowledge that: (i) by using the Service you are wholly responsible for the animations, and other creative output (collectively, "Content") of any avatar using The AO system, and (ii) ADM does not pre-screen Content and you are responsible for ensuring that content you deploy falls within the terms and conditions of the virtual world where it is being deployed, be that Second Life, any Opensim grid, HiPiHi or any other virtual world platform with its own terms and conditions.

You accept full responsibility and liability for your use of any Content in violation of any copyright, trademark or other applicable laws and treaty provisions. You agree that your creation of Content is not in any way based upon any expectation of compensation from ADM.

1.4 The AO is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at ADM's sole discretion.

ADM reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that ADM will not be liable for any interruption of the Service, delay or failure to perform. ADM has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.

1.6 You agree to the posted pricing and billing policies on the Websites.

ADM may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.

ACCOUNT REGISTRATION AND REQUIREMENTS

2.1 You must establish an account to use The AO, using true and accurate registration information, to use the Service. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Given that registration to use the system with some virtual world platforms requires you only to provide your Avatar details for that virtual world, you agree to undertake in good faith any inworld verification process that ADM may see fit to pursue, including http communications between assets inworld and The AO system.

ADM reserves all rights to vigorously pursue legal action against all persons who misrepresent personal or avatar information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that ADM cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user.

2.5 You may cancel your account at any time.

2.6 ADM may suspend or terminate your account at any time.

ADM has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you.

2.7 Accounts affiliated with delinquent accounts are subject to remedial actions related to the delinquent account.

2.8 You are responsible for your own Internet access.

ADM does not provide Internet access, and you are responsible for all fees associated with your Internet connection.

3.3 ADM retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own.

You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data ADM stores on ADM servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of ADM.

CONDUCT BY USERS OF THE AO

4.1 You agree to abide by certain rules of conduct, including the Community Standards of the virtual worlds The AO links to, and other rules prohibiting illegal and other practices that ADM deems harmful.

Further you agree to abide by the terms and conditions of any virtual world in which you deploy The AO.

4.2 You agree to use The AO as provided, without unauthorized software or other means of access or use. You will not make unauthorized works from or conduct unauthorized distribution of The AO Software.

ADM has designed the Service to be experienced only as offered by ADM at the Websites or partner websites. ADM is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by ADM. You agree not to create or provide any server emulators or other software or other means that provide access to or use of the Servers without the express written authorization of ADM. ADM is not obligated to allow access to the Servers by any software that is not provided by ADM, and you agree to cease using, creating, distributing or providing any such software at the request of ADM. You are prohibited from taking any action that imposes an unreasonable or disproportionately large load on ADM's infrastructure.

You may not charge any third party for using the The AO to access and/or use the Service, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law), decompile or attempt to discover the source code of the ADM Software, or create any derivative works of the ADM Software or the Service, or otherwise use the ADM Software except as expressly provided in this Agreement. You may not copy or distribute any of the written materials associated with the Service.

4.3 You will comply with the processes of the Digital Millennium Copyright Act regarding copyright infringement claims covered under such Act.

Our policy is to refer all notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA") to the operator of the relevant virtual world platform. Copyright-infringing materials found on the ADM servers will be identified and removed at the behest of the virtual world platform, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

4.4 You will not use the marks of ADM or The AO or Sine Wave Company without authorization from ADM.

You are not permitted to use the marks "Sine Wave Company", "Sine Wave AO", or “Another Dimension Media Ltd.”, or any trade, service or other marks registered to or owned by ADM.

RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION

5.1 You release ADM from your claims relating to other users of The AO and the virtual worlds it connects to. ADM has the right but not the obligation to resolve disputes between users of The AO.

As a condition of access to the Service, you release ADM (and ADM's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service. You further understand and agree that: (a) ADM will have the right but not the obligation to resolve disputes between users relating to the Service, and ADM's resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent ADM elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Service and will not make judgments regarding legal issues or claims; (c) ADM's resolution of such disputes will be final with respect to the Service but will have no bearing on any real-world legal disputes in which users of the Service may become involved; and (d) you hereby release ADM (and ADM's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with ADM's resolution of disputes relating to the Service.

5.2 Other service or product providers may form contractual relationships with you. ADM is not a party to your relationship with such other providers.

ADM does not control and is not responsible for any information you provide to parties other than ADM. ADM is not a party to your agreement with any party that provides software, products or services to you in connection with The AO.

5.3 All data on ADM's servers are subject to deletion, alteration or transfer.

When using the Service, you may accumulate Content, objects, items, or other value or status indicators that reside as data on ADM's servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON ADM'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN ADM'S SOLE DISCRETION.

YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, ADM DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON ADM'S SERVERS.

YOU UNDERSTAND AND AGREE THAT ADM HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.

5.4 ADM provides the Service on an "as is" basis, without express or implied warranties.

ADM PROVIDES THE SERVICE, THE SOFTWARE, YOUR ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, ADM does not ensure continuous, error-free, secure or virus-free operation of the Service, the Software or your Account, and you understand that you shall not be entitled to refunds for fees based on ADM's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

Any dispute over the successful deployment of an animation inworld via The AO system will be resolved exclusively at the discretion of ADM on the basis of the available information on ADMs servers and information that ADM can verify from the virtual world host. You warrant that you will not dispute the conclusions reached by ADM in this regard.

5.5 ADM's liability to you is expressly limited, to the extent allowable under applicable law.

IN NO EVENT SHALL ADM OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE SOFTWARE, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT ADM MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL ADM'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that ADM cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service. ADM hereby reserves the right to refuse that jurisdiction. And the right to terminate any agreement emanating from such jurisdiction.

5.6 You will indemnify ADM from claims arising from breach of this Agreement by you, from your use of The AO, from loss of Content due to your actions, or from alleged infringement by you.

At ADM's request, you agree to defend, indemnify and hold harmless ADM, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other users of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless ADM, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Account, and (b) any claims by third parties that your activity or Content in the Service infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.

PRIVACY POLICY

6.1 ADM may use requested personal information to operate and improve its services. It will not give any personal information to third parties except to operate, improve and protect the Service.

Any personal information you provide to us is used for ADM's internal purposes only. ADM uses the information it collects to learn what you like and to improve the Service. ADM will not give any of your personal information to any third party without your express approval except: as reasonably necessary to fulfil your service request, to third- party fulfilment houses, customer support, billing and credit verification services, and the like; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; or as otherwise necessary to protect ADM, its agents and other users of the Service. ADM does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. ADM can (and you authorize ADM to) disclose any information about you to private entities, law enforcement agencies or government officials, as ADM, in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law.

You agree that ADM may communicate with you via instant message or, if supplied, by email, and any similar technology, for any purpose relating to the Service, the Software and any services or software which may in the future be provided by ADM or on ADM's behalf. You agree to read the disclosures and be bound by the terms of the additional Privacy Policy information posted on our website at http://www.sinewavecompany.com/privacy.

6.2 ADM may observe and record your interaction within the Service, and may share aggregated and other general information (not including your personal information) with third parties.

You acknowledge and agree that ADM, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service. ADM may share general, demographic, or aggregated information with third parties about our user base and Service usage, but that information will not include or be linked to any personal information without your consent.

GENERAL PROVISIONS

The rights and obligations of the parties under this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods; but such rights and obligations shall be governed by and construed under English Law. The Service is controlled and operated by ADM from its offices in London, Great Britain. ADM makes no representation that any aspect of the Service is appropriate or available for use in jurisdictions outside of the UK. Those who choose to access the Service from other locations are responsible for compliance with applicable local laws.

Any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, shall be finally settled by binding arbitration in the United Kingdom. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief or enforcement of this arbitration provision without breach of this arbitration provision.

ADM's failure to act with respect to a breach by you or others does not waive ADM's right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by ADM under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of ADM. All or any of ADM's rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of ADM's assets. You may not assign or transfer this Agreement or any or all of your rights hereunder without the prior written consent of ADM, and any attempt to do so is void. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of ADM shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of ADM.

This Agreement sets forth the entire understanding and agreement between you and ADM with respect to the subject matter hereof. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

ADM may give notice to you by means of a general notice on our website at http://www.sinewavecompany.com, electronic mail to your e-mail address on our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All notices given by you or required under this Agreement shall be mailed to us at ADM, Unit 2, Michael Manley Industrial Estate, Stewart’s Road, London, SW84TU, UK. Attn: Customer Service/TOS.