Zindraya
Terms of service (TOS)

Welcome to Zindraya, By applying for an account and using Zindraya products, software, services or website site (Zindraya Services), you acknowledge and agree that you have read and understood the following terms and conditions. and any policies, guidelines or amendments thereto that may be presented to you from time to time, including the privacy policy, available at www.zindraya.com/privacy, and you agree to be bound to them and comply with all applicable laws and regulations related to (the “Terms”). We may update the Terms in the future, we advise you to check out the Terms from time to time, and in any case we shall make reasonable efforts to post a prominent notice in case the Terms change substantially.

DEFINITIONS

Services – Zindraya Servers, Web Sites to include forums, billing and any other Zindraya website or product.

Zindraya – Last name of Founders, employees or otherwise authorized personnel of Zindraya.

Banned – Removed from and prohibited from further use of the services

Land Ownership – Rights and privileges to geographical areas of Zindraya. Ownership defined as firsthand account fee payments directly to Zindraya.

Land Rental – Rights and privileges to geographical areas of Zindraya. Rental defined as firsthand fee payments to Land Owners Zindraya.

Ad Farm – A region used expressly for advertising.

Skybox – A dwelling structure placed in an altitude not normally viewable on public access

You – A registered user account with Zindraya.

Us – Zindraya See Zindraya above.

We – Zindraya see Zindraya above.

1. ACCOUNT REGISTRATION AND REQUIREMENTS

You must create an account with Zindraya to utilize the services. You agree to provide true, accurate and complete information as asked by the registration process. Zindraya reserves the right to terminate accounts found to not be true and accurate.

You must use an account name that is not offensive, demeaning or infringing. You must select a secure password and protect it accordingly.

Zindraya may suspend or terminate your account at any time deemed appropriate. You agree that you are not obligated any refund of fees paid if this should occur. You are forwarded the right to appeal and a dispute resolution investigation will occur.

You are responsible for your own Internet access. Zindraya is not an Internet Service Provider. You remain responsible for any fees incurred utilizing the Internet to connect to the Zindraya services.

You must be over the age of 18 years to use the services provided by Zindraya. Zindraya reserves the right directly or through third parties, to make any inquiries we consider necessary to validate your registration data. User accounts found to not be over the age of 18 years will be banned.

By accepting this agreement you represent that you are an adult 18 years of age or older.

By accepting this agreement you understand that Zindraya is bound to the laws of the United Kingdom. Anything considered a misdemeanor or higher will not be acceptable on the grid. Advocation of acts, or public displays, such as but not limited to: child abuse, child pornography, etc. can lead to suspension, banning, termination of the account, reclamation of lands with no refund or reimbursement of any funds. UK and U.S. law prohibits the handling of internet gambling funds by online service providers. In an effort to maintain our standing with the companies who handle our transactions, gambling is prohibited. Violation can result in the items being permanently removed. Multiple violations (more than 1) by same user can result in suspension of account, banning, termination of the account, reclamation of land with no refund or reimbursement of any funds.

2. CONTENT

Zindraya is a multi-user virtual world experience, tailored for the over 18 years of age user.
By using Zindraya services you agree to these terms and certify that you are over 18 years of age.
User accounts found to be fraudulent in this certification by any means will be removed and banned from further use of the services.

Zindraya is a service provider meaning among other things that we do not necessarily control various aspects of the environment. You acknowledge that Zindraya is a service provider and understand that various user content does not necessarily reflect the opinion nor stance of Zindraya as a service provider.

Zindraya will not as a rule regulate the communications either in text or interaction of users barring conduct outlined in these terms. Harassment in any shape or form will not be tolerated and reports should be made to customer service with applicable chat logs. The onus of proof will bear on the user and not Zindraya. See more under Dispute Resolution.

Content available in Zindraya may be provided by users and not Zindraya. As such, you acknowledge that content creators maintain certain rights and privileges in their respective content. You accept full responsibility for use of provided content and remain liable for unlawful usage. If a content provider reports a DMCA violation to Zindraya, such instances will be investigated and if warranted, removed from public access. Offending accounts will be banned from use of the services. Zindraya will not as a rule, police or pre-screen user content.

Zindraya has no responsibility for the content that you access through the Service and does not guarantee the accuracy, integrity or quality of such content; Zindraya assumes no responsibility for the timeliness, deletion, or failure to store any user communications, personalization settings, or content. If a user chooses to stream his/her video, music, audio or other content into Zindraya directly or using a streaming relay host, the content and any copyright/royalty fees and any other possible issues are the user’s responsibility.

Copy Botted items are not allowed this is a violation of the original creator’s copyright (unless duly documented by original copyright holder), and as such, Zindraya reserves the right to fully remove any and all instances from the grid (inventory, contents, or any instance thereof). Zindraya assumes no responsibility nor liability for reimbursement of these items. Zindraya abides by the Digital Millenium Copyright Act (DMCA). As such, any DMCA filed with Zindraya will result in that content being removed. In cases where items are removed from the entire grid (inventory, contents of prims, or any instance thereof), Zindraya shall bear no liability nor assume any responsibility for reimbursement of these items.

3. MEMBER CONDUCT

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You are solely responsible for all Content that you upload, posts, instant messages or otherwise transmits via the Service or that may be stored by the service. You acknowledge that in using the Service, You may be exposed to Content that is offensive, indecent or objectionable in your opinion. Zindraya shall have no responsibility or liability whatsoever for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the Zindraya services to do any of unlawful, misleading, malicious or discriminatory.

You agree to not use the Zindraya Services to bully, intimidate or harass anyone.

You agree to not use the Zindraya Services to threaten or incite violence against anyone.

You agree to not upload, download, modify, copy, store, adapt, make available (whether publicly or not), translate, reverse engineer, decompile, disassemble or use any information, data, text, software, music, sound, photographs, graphics, 3D models, video, messages or other materials (“Content”) in Zindraya Services, without permission or license to do so.

You agree to not upload, create, modify, copy, store, or use viruses or other malicious software in Zindraya Services, including, but not limited to, any “worm”, “Trojan horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.

You agree to not upload any Content which may infringe any third party intellectual property rights, including copyright, trademarks, etc.

You agree to not use Zindraya Services to send or otherwise post unauthorized commercial communications (such as spam).

You agree to not do anything that could disable, overburden, or impair the proper working of Zindraya Services or any other organization or individual.

You agree to not solicit Zindraya Services login information or access a Zindraya Account belonging to someone else.

You agree to not create an API or GUI around Zindraya Services or parts thereof (e.g. no “frames”) without our explicit prior written consent.

You agree to not interfere with or violate users’ right to privacy or other rights, or harvest or collect personally identifiable information about users without their express consent, including using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve index and/or data-mine information.

You agree to not falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, with Zindraya, or express or imply that Zindraya endorses or is in any way affiliated with you, your website, your business or any statement you make, or present false information about this site.

You agree to not create a database by systematically copying and storing all or any of Zindraya Intellectual Property (as shall be defined below).

Please do not to access the Zindraya Services by any means other than through the interface that is provided by the Company for accessing Zindraya Services.

Users outside of the United Kingdom agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from your country of residence.

4, LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS

You retain copyright and other intellectual property rights with respect to content you create in Zindraya to the extent that you have such rights under applicable law.

Zindraya retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own. Even though Zindraya retains this right, your intellectual property will not be used without prior permission and or licensing to Zindraya.

Zindraya supports content creators and encourages full creativity to enhance and grow the community. As stated before however, Zindraya will not police nor pre-screen content. The onus is on the creator to provide proof of infringement. See more in Dispute Resolution.

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

Zindraya staff have full and complete authority to handle disputes and offending content removal. Back end and region or grid issues will be escalated as needed to appropriate. You acknowledge and release liability on all Zindraya staff identified. Furthermore, you acknowledge that people are human and mistakes can/will be made. Proper complaint reporting will be utilized and investigated. Pursuant to the Community Standards.

5. FAIR USE AND ABUSE

Obvious griefing activities will not be tolerated. These include but are not limited to, Excessive malicious scripts, player versus player activity in a sim not flagged, overload of avatar prim attachments, automated prim replication etc.

Copybot is simply and absolutely not allowed. Any proof of use in Zindraya will result in permanent banning from the Zindraya services.

Zindraya reserves the right to further advance this area of the ToS.

6. COMMUNITY STANDARDS FOR ZINDRAYA

Intolerance is not tolerated.

Any text or actions related to the marginalization of any race, gender, sexual preference or affiliation will not be tolerated. Again, disputes will rely on the onus of proof bearing with the claimant.

While Zindraya is an adult environment, sexual age play is strictly forbidden (Sexual age play is that of being a child avatar), School Roleplay or Incest is permitted as long as the avatars involved are clearly 18+ looking). Any evidence of such shall immediately render the offenders accounts and alternates as banned. Zindraya shall not be liable for any form of reimbursement.

While Furry and animal avatars are fully free to explore and engage in activity around Zindraya we ask that all animal furry/animal avatars keep any sexual interactions to specific regions/lands only and do not engage in any sexual activity around the rest of the Zindraya.

Zindraya mainland is a community standard, as such, ad farms will not be tolerated. Violation will result in ads being removed and/or region reclamation.

Zindraya mainland is a neighborhood of many people, unsightly ads or offensive materials are not welcomed. Violation will result in removal.

Harassment in any form or fashion will not be tolerated. Onus of proof lies with the claimant but, will be dealt with accordingly. Flame wars, outright attacks and defamation are forbidden. This should be common sense and Zindraya will assume the adult user has some.

Dissemination of information relating to another person’s real-life identity (including but not limited to links, names, addresses, etc) without their consent is forbidden. Violators may be subject to termination.

7. AVAILABILITY OF THE ZINDRAYA SERVICES

Access to Zindraya Services may not be available at all times or in all areas. Zindraya reserves the right to modify or discontinue, temporarily or permanently, Zindraya Services, with or without any notice to you. You agree that Zindraya shall not be liable to you or to any third party for the content or any modification, suspension, or discontinuance of the Zindraya Services and/or any of the Content including, without limitation, User Generated Content

8. COMMERCIAL ADVERTISEMENTS

The Content may include sexual advertisements uploaded by Users, within their regions/lands. All the information contained in such advertisements has been uploaded on behalf of the Users and at their sole responsibility. Zindraya does not endorse any of the advertisers and makes no warranties or representations regarding such advertisements.

9. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy located at www.zindraya.com/privacy.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

By using the Zindraya Services and/or viewing or using any of the Content, you acknowledge and agree that Zindraya may access, collect, process, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access, collection, processing, preservation or disclosure is reasonably necessary to:

(i) satisfy any applicable law, regulation, legal process or enforceable governmental request,

(ii) enforce the Terms, including investigation of potential violations hereof,

(iii) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or

(iv) protect against imminent harm to the rights, property or safety of Zindraya, its users or the public as required or permitted by law.

You understand that the technical processing and transmission of Zindraya Services, including your Content, may involve:

(i) transmissions over various networks; and

(ii) changes to conform and adapt to technical requirements of connecting networks, devices or services.

We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

We will only retain personal information as long as necessary for the fulfillment of those purposes.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We will make readily available to customers information about our policies and practices relating to the management of personal information.

We will not share, sell, rent, or otherwise disclose your personal information to anyone, for any reason other than as required by law through subpoena or court order, or to assist in criminal justice proceedings, where necessary.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

10. COOKIES & LOCAL STORAGE

When you visit the website and/or use the services, Zindraya may use industry-wide technologies such as “cookies”, Flash and/or Silverlight (or similar technologies), which stores certain information on your computer (“Local Storage”) and which will allow Zindraya to enable automatic sign-in to the website and/or the services and make your browsing much more convenient and effortless. It is easy to prohibit the Local Storage. Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. In order to erase or disable the Local Storage option in Flash or Silverlight you should use the settings option of Flash/Silverlight according to the specific instructions provided by the technology provider. However, if you block or erase cookies, or change the settings of Flash and/or Silverlight, your online experience may be limited.

Zindraya may also use certain third-party cookies. These are a different kind of cookies, which are stored on your computer by a third party site, rather than by Zindraya. This kind of cookie is updated each time you visit the Zindraya website and/or use any of the Zindraya Services, and also when you visit other websites that use similar cookies. Third-party cookies usually store only Non-personal Information, such as the web pages you have visited, the duration of your browsing, etc.

11. SECURITY

We take great care in maintaining the security of the Zindraya Services and your information and in preventing unauthorized access to it through industry standard technologies and internal procedures. However, we do not guarantee that unauthorized access will never occur.

12. THIRD PARTY SITES

The Zindraya Services may contain links to third-party’s websites (“Third Party Sites”). You hereby acknowledge that Zindraya has no control over such Third Party Sites, which are not of its responsibility. We strongly recommend that you carefully review such Third Party Sites’ terms of use before using them.

13. INFORMATION RECEIVED FROM THIRD PARTY SITES

Zindraya may receive certain information from Third Party Sites, such as social media platforms (e.g. Facebook, Twitter, LinkedIn, etc.), only if the following conditions are met: (i) the information is necessary for the delivery of certain services you have requested; and (ii) we have fully complied with the Third Party Sites’ applicable privacy policies. For example, Facebook may share with Zindraya certain information defined in its privacy policy, such as your name and your profile picture.

14. DISPUTE RESOLUTION

Buyer Beware
Zindraya does not exercise editorial control over the content of Zindraya and will make no specific efforts to review the textures, objects, sounds or other content created within Zindraya. Additionally, Zindraya does not certify nor endorse the operation of in-world games, vending machines, or retail locations; refunds must be requested from the owners of these objects.

Alternate Accounts
While users may choose to play Zindraya with more than one account, specifically or consistently using an alternate account to harass other users or violate the community standards is not acceptable. Alternate accounts are generally treated as separate from a user’s principal account, but misuse of alternate accounts can and will result in disciplinary action on the principal account.

Disputes of all natures
Zindraya acknowledges that there will be disputes of varying nature. This is human. Zindraya will not police nor pre-screen content, text nor interaction. Any dispute raised between users will be investigated if brought to our attention. The onus of proof will always lie with the claimant. Zindraya will not be responsible for maintaining nor perusing chat logs on a regular basis. That said, you as the user will be responsible for providing said chat logs and/or screen-shots. Zindraya will pull applicable chat logs from the database to compare and inspect. Zindraya does not guarantee that any chat logs will be available in an archived manner at any time. Again, common sense will prevail.

Account Deletion
If you wish to have a Zindraya account deleted please submit a support ticket.

15. PROPRIETARY RIGHTS & RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION

In no event shall zindraya.com or zindraya.net or its suppliers be liable for any damages (including, without limitation to, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Zindraya’s site, even if Zindraya or a Zindraya authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

You release Zindraya from your claims relating to other users. Zindraya has the right but not the obligation to resolve disputes between users.

We claim no ownership or control over any Content submitted, posted or displayed by you on or through Zindraya’s Services (“User Generated Content” or “Items”). You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Generated Content you submit, post, display, or sell on or through Zindraya Services and you are responsible for protecting those rights, as appropriate. By submitting, posting, displaying or selling Content on or through Zindraya Services you agree to allow Zindraya to handle your User Generated Content in all the ways required to provide the Zindraya Services you elected to use. Zindraya reserves the right to refuse to accept, post, display, transmit, or sell any User Generated Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Generated Content submitted.

You agree that when you add User Generated Content to Zindraya Services you implicitly define a license (“Permissions”) for what other people are allowed to do with those Items. You agree that when receiving Items from other Users you are only receiving a license to use those Items and you will claim no ownership or control over any copyrights associated with those Items. You agree to abide by the terms of use defined by Permissions. You agree that Permissions define whether the Avatar (as the term is defined below) that acquires an Item may make copies of that Item (has “Copy Permission”), modify that Item (has “Modify Permission”) and/or transfer that Item to other Avatars (has “Transfer Permission”).

An “Avatar” is a Zindraya Account or third-party user account that is (A) capable of using Items; and (B) is capable of having a presence in only one location at a time.

Items in Zindraya have an implicit Export Permission if they (A) have Copy Permission; and (B) have Transfer Permission; and (C) do not contain or use any No-Export items.

You agree that people are allowed to use Items for which they have Export Permission outside Zindraya Services using the same copy, modify and/or transfer terms that they have for those Items inside Zindraya Service.

You agree that people are allowed to store Items for which they have Export Permission in offline backup files. You agree that if you create a backup file, and it contains any Items that you did not create and do not have Transfer Permission for, then you will not share that file and/or those Items with other people.

You agree that people have an additional right to use Items for which they have Export Permission in one virtual space that runs on their personal computer and is not accessible to any other person, regardless of whether those Items have Copy Permission and/or Transfer Permission.

You may copy, modify, transfer, and/or export Items you create regardless of their implicit Permissions, unless these Items contain and/or use Items that you did not create.

You may define an explicit license for your Items, but it may not remove any of the rights that are granted by the Permissions, and it may not add any rights for use of Items that you did not create.

Zindraya Services, and all the Content (other than the User Generated Content mentioned above), including without limitation, the graphics, photos, texts, data, personal data and information, business and technical data and information, guides, manuals, specifications, any proprietary resources, presentations, sounds, music, videos, interactive features, software (whether in source code or object code), scripts, designs, interface functionality trademarks, service marks, and logos (collectively, “Intellectual Property”), whether or not registered and/or protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, are solely owned by or licensed to Zindraya and subject to copyright and other applicable intellectual property rights under UK laws, foreign laws and international conventions. Except as permitted by applicable laws, you are not granted, expressly or by implication, estoppels or otherwise, any license or right to use any of the Intellectual Property without the prior written permission of Zindraya.

When used with Zindraya’s permission or as permitted by applicable law, to the extent provided, all trademarks must be identified as trademarks of Zindraya using the appropriate symbol (e.g.,™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.

16. ZINDRAYA CURRENCY (GLOEBITS)

Some Zindraya Services may require you to obtain Gloebits. Gloebits is a virtual currency issued by a third party and can be used on multiple other grids as well as Zindraya, by agreeing to our terms you understand that Zindraya has no control over Gloebits and that all issues must be dealt with by contacting the Gloebits provider themselves and that by creating a Gloebits account you are bound by there terms found here https://www.gloebit.com/display-tos

Upon termination of your use of Zindraya Services, we will close your account and you will no longer be able to retrieve Content contained in that account.

17. USE & STORAGE

You agree that Zindraya has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Zindraya Services. You acknowledge that Zindraya may have set no fixed upper limit on the number of transmissions you may send or receive through Zindraya Services or the amount of storage space used; however, Zindraya retains the right, at its sole discretion, to create limits at any time with or without notice.

18. REGION RENTALS

When purchasing a region via the Zindraya billing and support website you understand that you are renting virtual land which is a defined by renting a piece of our server, by renting a region and agreeing to these terms, you agree not to upload items to your region(s) that could damage the server, you agree that if we find that your region is damaging our server that we have the right to ask you to remove items and to fix your region(s).

By purchasing a region you understand that Zindraya uses a PayPal subscription system and that when canceling a region you are solely responsible for canceling your PayPal subscription and that Zindraya cannot be held responsible for any payments paid to Zindraya due to your failure to cancel your PayPal subscription.