Terms of Service
Welcome to PATTERNS! This agreement (this "Agreement" or the "Terms of Service") describes the terms on which Linden Research, Inc. and Linden Research United Kingdom, Ltd. (collectively "Linden Lab") offer you access to PATTERNS. "PATTERNS" or the "Service" means the PATTERNS software, the online services offered by Linden Lab, including its Websites, Servers, other Linden Software, Linden Content, and User Content (as those terms are defined in this Agreement). This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Service, including the policies and terms linked to or otherwise referenced in this Agreement, all of which are hereby incorporated into this Agreement.
Linden Lab is a registered trademark of Linden Research, Inc. in the United States and other countries. Linden and PATTERNS are trademarks of Linden Research, Inc. The Linden Lab logo and the PATTERNS logo are also trademarks of Linden Research, Inc. All other trademarks, service marks, registered trademarks, or registered service marks are the property of their respective owners.
By using PATTERNS, you agree to and accept these Terms of Service, including all policies and terms linked to or otherwise referenced in 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 PATTERNS.
0.0 TABLE OF CONTENTS
This Agreement includes both the terms above and the following 12 sections, which you may jump to directly by selecting the appropriate link below. The headings and subheadings are for your convenience only -- you are responsible for reviewing all sections, defined terms and related links in their entirety to ensure you fully understand this Agreement.
- Changes to This Agreement
- Eligibility to Use PATTERNS
- Account Registration and Billing
- PATTERNS is an Online Service
- Content Licenses and Intellectual Property Rights
- Conduct by Users of PATTERNS
- Privacy and Your Personal Information
- Releases, Disclaimers, Liability Limits and Indemnification
- Suspension and Termination of Your Account
- Dispute Resolution and Arbitration
- General Provisions
- Additional Terms and Policies
1. CHANGES TO THIS AGREEMENT
This Agreement may be changed by Linden Lab effective immediately by notifying you as provided in Section 11.4 below; provided that Material Changes will become effective thirty (30) days after such notification. By continuing to access or use PATTERNS after the effective date of any such change, you agree to be bound by the modified Terms of Service. A "Material Change" is a change to this Agreement which reduces your contractual rights or increases your responsibilities under this Agreement in a significant manner.
2. ELIGIBILITY TO USE PATTERNS
2.1 Age Requirements for PATTERNS.
By accepting this Agreement, you represent that you are at least 13 years of age and you have the legal authority to enter into this Agreement. If you are at least 13 years of age and less than 18 years of age, you represent that (i) your parent or legal guardian has consented to your use of PATTERNS, participating in the Service, and providing your personal information in connection with the Service; and (ii) your parent or legal guardian has read and accepted this Agreement on your behalf. If you are under 13 years of age, then please do not use PATTERNS. There are lots of other great online services for you. Talk to your parents about which services are appropriate for you.
2.2 Other Eligibility Requirements for Use of PATTERNS.
You may not use PATTERNS or the Service (i) if you have been terminated from the Service by Linden Lab (including, for avoidance of doubt, if any Account of yours has been terminated); or (ii) at any time if you are a person barred from receiving the Services under applicable law.
3. ACCOUNT REGISTRATION AND BILLING
3.1 You must establish an account to use any of the PATTERNS online services, using true and accurate registration information.
You must establish an Account with Linden Lab to use the Service, except for those portions of the Websites which Linden Lab allows users to access without registration. You may not transfer or assign your Account and its contractual rights, licenses and obligations, to any third party without the prior written consent of Linden Lab.
You agree to provide accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and to use the account management tools provided to keep your Registration Data accurate, current and complete.
3.2 You agree to use an Account Name for the PATTERNS online services that is not misleading, offensive or infringing. You are responsible for activities related to your Account Name, and for keeping your password for this Account secure.
You must choose an account name to identify yourself to Linden Lab staff in connection with your Account (your "Account Name"). You may not select as your Account Name any name that Linden Lab determines may cause deception or confusion; may violate any trademark right, copyright, or other proprietary right or mislead other users regarding your identity or affiliation; or any name that Linden Lab determines in its sole discretion to be vulgar, offensive, or otherwise inappropriate. Linden Lab reserves the right to delete or change any Account Name that violates this paragraph, and will have no liability regarding the use, modification, or deletion of any Account Name.
You are responsible for all activities conducted through your Account. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, we may terminate your Account (or Accounts) as described in Section 9.
You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your password or from any person's use of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is at your own risk.
3.3 If you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the Websites.
You acknowledge that it is your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards or other payment instruments accepted by Linden Lab continue to be valid and sufficient for such purposes. Without limiting any other rights or remedies of Linden Lab, Linden Lab may exercise its termination rights as provided in Section 9.3 in the event of any payment delinquency.
Linden Lab does not accept returns or provide refunds of any amounts paid for products or services purchased from Linden Lab. For disclosure purposes, the legal name under which Linden Lab does business is Linden Research, Inc. and the address from which business is conducted is 945 Battery Street, San Francisco, California 94111.
4. PATTERNS INCLUDES ONLINE SERVICES
4.1 PATTERNS includes online services consisting of a multi-user environment, including software and websites.
"Account" means the entirety of your contractual rights and obligations under this Agreement associated with a particular Account Name you have selected for accessing the Service.
"Content" means any works of authorship, creative works, graphics, images, textures, photos, logos, video, audio, text, and interactive features.
"Intellectual Property Rights" means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights and other intellectual property rights or proprietary rights recognized by law.
"Linden Content" is the Content provided to you in PATTERNS by Linden Lab under license in connection with the Service, except all User Content (as defined below) including but not limited to Content we created or licensed from third parties.
"Linden Software" is the software provided to you by Linden Lab and/or its suppliers under license in connection with the Service, including but not limited to the software for accessing PATTERNS and any other communication software, whether facilitating text-based, chat-based, voice, audio or other communication, within or outside of PATTERNS, and any application program interfaces for use with PATTERNS (the "APIs").
"Servers" are the online environments that support the Service, including without limitation: the server computation, electronic data storage, software access, messaging and protocols that simulate PATTERNS.
"User Content" means any Content that a user of the Service has uploaded, published, or submitted to or through the Servers, Websites or other areas of the Service.
"Websites" are the websites and services available from the domain and subdomains of http://BUILDPATTERNS.com and any related or successor domains from which Linden Lab may offer services.
4.2 PATTERNS exists only as long as and in the form that we may provide the Service, and all aspects of the Service are subject to change or elimination.
Linden Lab has the right to change, limit access to, and/or eliminate any aspect(s), feature(s) or functionality of the Service as it sees fit at any time without notice, and Linden Lab makes no commitment, express or implied, to maintain or continue, or to permit open access to, any aspect of the Service. You acknowledge that your use of the Service is subject to this risk and that you knowingly assume it and make your decisions to participate in the Service, contribute Content and spend your money accordingly.
4.3 Linden Lab is a service provider and is not responsible or liable for the Content, conduct, or services of users or third parties.
You understand that Linden Lab is a service provider that enables its users to interact online and display and communicate information and Content chosen by those users. Linden Lab does not control or endorse the Content of communications between users or users' interactions with each other or the Service.
You acknowledge that you will be exposed to various aspects of the Service involving the conduct, Content, and services of users, and that Linden Lab does not control and is not responsible or liable for the quality, safety, legality, truthfulness or accuracy of any such user conduct, User Content or user services. You acknowledge that Linden Lab does not guarantee the accuracy of information submitted by any user of the Service, nor any identity information about any user. Your interactions with other users and your use of User Content are entirely at your own risk. Linden Lab has no obligation to become involved in any dispute that you may have or claim to have with one or more users of the Service, or in any manner in any resolution thereof. We encourage you to review Section 8.1 of these Terms of Service.
You agree that Linden Lab has and may exercise the right in its sole discretion to pre-screen, refuse or delete any Content from the Service and to disable, suspend, limit or restrict your access to the Service without notice or liability to you or any other party, including upon our belief that your conduct, Content, or use of the Service is potentially illegal, threatening or otherwise harmful to any user or other person or in violation of our Terms of Service or other policies.
4.4 The PATTERNS online services are subject to scheduled and unscheduled service interruptions and loss of server data, which you do not own and for which you will not hold us liable.
Linden Lab may on occasion need to interrupt the Service with or without prior notice. You agree that Linden Lab will not be liable for any interruption of the Service (whether intentional or not), and you understand that except as may otherwise be specifically provided in Linden Lab's billing policies, posted on applicable areas of this website you will not be entitled to any refunds of fees or other compensation for interruption of service.
Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom. Linden Lab owns the bits and bytes of electronic data stored on its Servers, and accordingly will not be liable for any deletion, corruption or data loss that occurs in connection with the Service. Linden Lab will solely determine any disposition of the electronic data stored on its Servers and will have no obligation to reproduce, process, transfer, extract or recreate any data from its Servers.
5. CONTENT LICENSES AND INTELLECTUAL PROPERTY RIGHTS
5.1 You grant certain Content licenses to Linden Lab by submitting your Content to the Service.
In connection with Content you upload, publish, or submit to any part of the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize Linden Lab to use the Content in the manner contemplated by the Service and these Terms of Service./p>
You agree that by uploading, publishing, or submitting any Content to or through the Servers, Websites, or other areas of the Service, you hereby automatically grant Linden Lab a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content solely for the purposes of providing and promoting the Service.
You understand that this license enables Linden Lab to display, distribute, promote, and improve the Service. You agree that the license includes the right to copy, analyze and use any of your Content as Linden Lab may deem necessary or desirable for purposes of debugging, testing or providing support or development services in connection with the Service and future improvements to the Service.
Because the law may or may not recognize certain Intellectual Property Rights in any particular Content, you should consult a lawyer if you want legal advice regarding your legal rights in a specific situation. You acknowledge and agree that you are responsible for knowing, protecting, and enforcing any Intellectual Property Rights you hold, and that Linden Lab cannot do so on your behalf. This license is referred to as the "Service Content License."
5.2 Linden Lab owns Intellectual Property Rights in and to the Service and in and to the Linden Marks.
Linden Lab owns Intellectual Property Rights in and to the Service, including the Linden Software, the Websites, the Servers, and the Linden Content, and in and to our trademarks, service marks, trade names, logos, domain names, taglines and trade dress (collectively, the "Linden Marks"). You acknowledge and agree that Linden Lab and its licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, other than with respect to User Content.
You understand and agree that without a written license agreement with Linden Lab, we do not authorize you to make any use of the Linden Marks, including but not limited to “PATTERNS,” “LINDEN,” or “LINDEN LAB”
Except as expressly granted in this Agreement, all rights, title and interest in and to the Service, and in and to the Linden Marks are reserved by Linden Lab. Copyright, trademark and other laws of the United States and foreign countries protect the Service and the Linden Marks.
5.3 Linden Lab grants you certain licenses to access and use PATTERNS while you are in full compliance with the Terms of Service.
Linden Lab hereby grants you a non-exclusive, non-transferable, non-sublicenseable, limited, revocable license to access and use the Service as set forth in these Terms of Service and expressly conditioned upon you and each of your Accounts remaining active, in good standing, and in full compliance with these Terms of Service. Additional terms may apply to certain elements of the Service; these terms are available where such separate elements are made available on the Websites. If there is any contradiction between any additional terms and these Terms of Service, then the additional terms shall take precedence only in relation to that particular element of the Service.
If no EULA (an end user license agreement) is provided with any Linden Software, such software is subject to the license terms set forth in this Section. Linden Lab hereby grants you a nonexclusive, non-transferable, non-sublicensable, revocable, limited license to install and use the object code of the Linden Software on any computer that you own or control. You may not charge any third party for using the Linden Software, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation), decompile or attempt to discover the source code of the Linden Software, or create any derivative works of the Linden Software, or otherwise use the Linden Software except as expressly provided in this Agreement.
5.4 You agree to respect the Intellectual Property Rights of other users, Linden Lab, and third parties.
You agree that you will not publish, or submit to any part of the Service any Content that is protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless you are the owner of such rights or have permission from the rightful owner to upload, publish, or submit the Content and to grant Linden Lab and users of the Service all of the license rights granted in these Terms of Service.
You are solely responsible and liable for your use, reproduction, distribution, modification, display, or performance of any Content in violation of any Intellectual Property Rights. You agree that Linden Lab will have no liability for, and you agree to defend, indemnify, and hold Linden Lab harmless for, any claims, losses or damages arising out of or in connection with your use, reproduction, distribution, modification, display, or performance of any Content.
6. CONDUCT BY USERS OF PATTERNS
6.1 You will not post or transmit prohibited Content, including any Content that is illegal, harassing or violates any person's rights.
You agree that you will not:
(i) Post, display, or transmit Content that violates any law or the rights of any third party including without limitation Intellectual Property Rights;
(ii) Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation, or if you are an adult, impersonate a minor for the purpose of interacting with a minor using the Service;
(iii) Stalk, harass, or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with minors on the Service;
(iv) Post, display, or transmit Content that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person's privacy;
(v) Post, display, or transmit Content that is obscene, hateful, or racially, ethnically or otherwise objectionable;
(vi) Post, display or transmit any Content or conduct or host any activity that is sexually explicit, or intensely violent. Any violation by you of the terms of this Section may result in immediate termination of your Accounts without any refund or other compensation.
6.2 You agree that you will not post or transmit Content or code that may be harmful, impede other users' functionality, invade other users' privacy, or surreptitiously or negatively impact any system or network.
You agree to respect both the integrity of the Service and the privacy of other users. You will not:
(i) Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Service or interests or rights of other users, or that may harvest or collect any data or information about other users without their consent;
(ii) Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that Linden Lab considers to be of such nature;
(iii) Engage in malicious or disruptive conduct that impedes or interferes with other users' normal use of or enjoyment of the Service;
(iv) Use any cheats, mods, hacks, or any other unauthorized techniques or unauthorized third-party software to cheat in any competition or game that may be offered on the Service, or to otherwise disrupt or modify the Service or the experience of any users on the Service; or
(v) Attempt to gain unauthorized access to any other user's Account, password or Content.
7. PRIVACY AND YOUR PERSONAL INFORMATION
8. RELEASES, DISCLAIMERS, LIABILITY LIMITS AND INDEMNIFICATION
8.1 Linden Lab is NOT liable for its users' actions, and you release Linden Lab from any claims relating to other users.
You agree not to hold Linden Lab liable for the Content, actions, or inactions of other users. As a condition of access to the Service, you release Linden Lab (and its officers, directors, shareholders, agents, subsidiaries and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not Linden Lab becomes involved in any resolution or attempted resolution of the dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You agree and understand that Linden Lab does not control and is not responsible for information you provide to parties other than Linden Lab.
8.2 Linden Lab provides the Service on an "as is" basis, without express or implied warranties, and all Content, Linden dollars and virtual goods have no guarantee or warranty of any compensable value.
LINDEN LAB PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE LINDEN SOFTWARE, THE WEBSITES, THE SERVERS, THE LINDEN CONTENT, AND YOUR ACCOUNT, STRICTLY ON AN "AS IS" BASIS, 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.
NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT, LINDEN DOLLARS OR VIRTUAL LAND. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR CONTENT OR ANY EXPENDITURE ON YOUR PART, LINDEN LAB AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON LINDEN LAB'S SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS.
Linden Lab does not ensure continuous, error-free, secure or virus-free operation of the Service, the Linden Software, the Websites, the Servers, or your Account, and you understand that you shall not be entitled to refunds or other compensation based on Linden Lab'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 disclaimers may not apply to you.
8.3 Linden Lab's liability to you is expressly limited, to the extent allowable under applicable law.
IN NO EVENT SHALL LINDEN LAB OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR 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 LINDEN SOFTWARE, THE WEBSITES, THE SERVERS, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT LINDEN LAB MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IN NO EVENT WILL LINDEN LAB'S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF (i) ONE HUNDRED DOLLARS (U.S. $100.00); OR (ii) THE RELEVANT AMOUNT SET FORTH IN SECTION 9 HEREIN, IF APPLICABLE.
Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you.
8.4 You agree to indemnify Linden Lab from claims relating to your use of the Service.
At Linden Lab's request, you agree to defend, indemnify and hold harmless Linden Lab, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (i) any breach or alleged breach by you of this Agreement, including without limitation your representations and warranties relating to your Content; or (ii) your acts, omissions or use of the Service, including without limitation your negligent, willful or illegal conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
8.5 You are not our employee, and you have no rights to compensation.
You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a Linden Lab employee and that you do not expect to be, and will not be, compensated by Linden Lab for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture or franchise relationship is intended or created by this Agreement.
9. TERMINATION OF YOUR ACCOUNT
9.1 You may terminate your Account(s) at any time.
You may terminate this Agreement by closing your Account(s) at any time for any reason. In such event, Linden Lab shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.
9.2 You may terminate your Account(s) within thirty days of any Material Change to this Agreement.
These Terms of Service shall be effective upon the conclusion of the thirty (30) day period described in Section 1 above. If you do not wish to agree and abide by these Terms of Service, you have thirty (30) days to terminate your Accounts as described in Section 10.1 and conclude any outstanding PATTERNS or related transactions. In such event, Linden Lab shall have no further obligation or liability to you under this Agreement or otherwise, and you shall not be entitled to any compensation or other payment, remedy, recourse or refund.
9.3 We may terminate your Accounts for violation of this Agreement.
Linden Lab may suspend or terminate your Account if you violate this Agreement, along with any or all other Accounts held by you or otherwise related to you, as determined by Linden Lab in its discretion, and your violation of this Agreement shall be deemed to apply to all such Accounts. Upon termination of your Accounts, this Agreement between us will be automatically terminated and you may not re-subscribe to PATTERNS, or return to PATTERNS through other or future Accounts you or others may set up.
9.4 We may terminate your Account(s) to protect the best interests of PATTERNS and the PATTERNS community or if we believe you pose an unacceptable risk to the PATTERNS community.
We may terminate your Account if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of Linden Lab, the PATTERNS community or any third party. We may terminate your Account(s) if we learn, or in good faith believe, that you are a registered sex offender, that accessing PATTERNS may violate a condition of parole or probation, that you have engaged in or attempted to engage in conduct with minors on the Service that violates this Agreement, or that you for any other reason may pose what we deem to be an unacceptable risk to the PATTERNS community.
9.5 We may terminate your Accounts upon a general suspension or discontinuation of the Service.
If Linden Lab elects to generally suspend or discontinue the Service, in whole or in part, for any reason, Linden Lab may terminate your Accounts. In such event, you will not be entitled to compensation for such suspension or termination, and you acknowledge Linden Lab will have no liability to you in connection with such suspension or termination. You acknowledge and agree that a general suspension or discontinuation of the Service, in whole or in part, for any reason, will not constitute a Material Change requiring advance notice.
9.6 You will lose access to your Account and all licenses, Content, and data upon termination, and you understand this is a risk of participating in the Service.
Upon termination of your Account, you will no longer be able to access your Account or access (or transfer or direct the transfer to any other Account) any Content or data you have stored on the Servers. All licenses granted by Linden Lab to use the Service, including without limitation any Linden Dollar Licenses will automatically terminate. You acknowledge that you have elected to procure Linden Dollar Licenses or any premium account or paid features of the Services notwithstanding the possibility of termination of such license rights under the circumstances set forth in this Agreement.
You should ensure that you have only stored Content on the Servers to which you are willing to permanently lose access. You acknowledge and assume the risk of the possibility of termination of your Account as provided in this Agreement, and you represent that you will make your decisions to participate in the Service, contribute Content, spend your money and dispose of transferable licenses at all times knowingly based upon these risks.
Upon termination, you will remain liable for any unpaid amounts owed by you to Linden Lab.
9.7 Some terms of this Agreement will survive and continue after termination.
The following terms will survive any termination of this Agreement: Sections 5, 8, 9, 10 and 11.
10. DISPUTE RESOLUTION AND ARBITRATION
10.1 If a dispute arises between you and Linden Lab regarding a claim for less than $10,000, either party may resolve it through Arbitration instead of Litigation.
Our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly.
Thus, for any claim related to this Agreement or our Service, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either we or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
10.2 The applicable law and venue for any non-arbitrated dispute is California.
You agree that this Agreement and the relationship between you and Linden Lab shall be governed by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Further, you and Linden Lab agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California, except as provided in Section 10.1 regarding optional arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party's Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
10.3 Improperly Filed Claims are Subject to Attorneys' Fees and Costs.
All claims you bring against Linden Lab must be resolved in accordance with this Dispute Resolution and Arbitration Section. All claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed and a breach of these Terms of Service. Should either party file a claim contrary to this Dispute Resolution Section, the other party may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed Claim, and the other has failed to promptly withdraw the Claim.
11. GENERAL PROVISIONS
11.1 PATTERNS is a United States-based service.
Linden Lab makes no representation that any aspect of the Service is appropriate or available for use outside of the United States. Those who access the Service from other locations are responsible for compliance with applicable local laws. The Linden Software is subject to applicable export laws and restrictions.
11.2 You may not assign your Account; we may assign this Agreement.
You may not assign this Agreement or your Account without the prior written consent of Linden Lab. You may not transfer or sublicense any licenses granted by Linden Lab in this Agreement without the prior written consent of Linden Lab, except solely to the extent this Agreement permits transfer of any applicable Linden Dollar Licenses. Linden Lab may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement.
11.3 This Agreement and the referenced Policies are the entire understanding between us.
This Agreement, including the additional terms and policies referenced in this Agreement, sets forth the entire understanding and agreement between you and Linden Lab with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. This Agreement may not be modified except as provided in Section 1 or by mutual written agreement between you and Linden Lab that is signed by hand (not electronically) by duly authorized representatives of both parties and expressly references amendment of this Agreement.
You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Agreement. 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. As used in this Agreement, references to a determination made in Linden Lab's discretion means that the determination will be made by Linden Lab in accordance with its good faith business judgment. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or 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.
11.4 We agree to provide each other with notices in a specified manner.
Linden Lab may give notice to and obtain consent from you by one or more of the following means: through the website at http://www.BUILDPATTERNS.com, by electronic mail to your e-mail address in our records, or by written mail communication to the address on record for your Account. All notices given by you or required under this Agreement shall be faxed to Linden Lab Legal Department at: (415) 243-9045; or mailed to us at: Linden Lab Legal Department, 945 Battery Street, San Francisco, CA 94111.
12. ADDITIONAL TERMS AND POLICIES
The following additional terms and policies are incorporated by reference into and made part of this Agreement, and provide additional terms, conditions and guidelines regarding the Service.
Any other communications or Content made available by Linden Lab on the Service are not part of this Agreement and should not be relied upon as such, or consulted for contractual purposes, but rather are provided to assist and enhance the user experience in PATTERNS.