1.2 Changes to these Terms. Joopita Research a.s.b.l may change this Agreement and/or the Community Rules at any time by posting the modified Agreement or rules on kirps.com. Modifications will be effective immediately upon posting and your use of the Service after the date of the changes constitutes your agreement to them.
2.1 Eligibility. You must establish an Account with kirps.com (your "Account") to use the Service. By accepting this agreement in connection with an Account you represent that a) you are an adult 18 years of age or older or b) your parent or legal guardian has consented to you having an Account and participating in the Service and your parent or legal guardian has read and accepted this Agreement.
2.2 Registration Obligations. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form (a valid e-mail address is required) and (optionally) the profile form. Joopita Research a.s.b.l reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information.
2.3 Account Username. You must choose an Account name to identify yourself to Joopita Research a.s.b.l staff (your "Account Username"), which will also serve as nickname to be displayed within the Service. You may not select as your Account Username the name of another person, a name which violates any trademark right, copyright, or other proprietary right, a name which may mislead other users to believe you to be an employee of Joopita Research a.s.b.l, or a name which Joopita Research a.s.b.l deems in its discretion to be vulgar or otherwise offensive. Joopita Research a.s.b.l reserves the right to delete or change any Account Username for any reason or no reason. You are fully responsible for all activities conducted through your Account or under your Account Username.
2.4 Passwords. At the time your Account is opened, you will get a password via e-mail. It is suggested to change your password instantly after the first login. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or Account Username. At no time should you respond to an online request for a password. Joopita Research a.s.b.l will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process. You are not allowed to ever disclose your password to another person.
2.5 Account. By using the Service you agree that even though you may retain certain copyright or other intellectual property rights with respect to works you create (your "Content" as defined in Section 6.1 below, if released under a non-GFDL license) while using the Service (as specified in Section 5.3 below), you do not own the Account you use to access the Service, nor do you own any data Joopita Research a.s.b.l stores on Joopita Research a.s.b.l servers (including without limitation any data representing or embodying any or all of your Content).
2.6 No Internet Connection. Joopita Research a.s.b.l does not provide Internet access, and you are responsible for all fees associated with your Internet connection.
3. BILLING POLICIES
3.1 Opening a kirps.com account and using the kirps.com website services is free. Buying a virtual goods on the kirps.com website requires a unique payment using one of the payment methods offered by the kirps.com website. You agree to the fact that the objects you can buy on the kirps.com website are purely virtual and do only exist in the virtual and fictional kirps.com world.
3.2 Payment Terms. Joopita Research a.s.b.l is not responsible for any charges or expenses you incur resulting from any payments made (e.g. overdrawn Accounts, exceeding credit card limit, etc.).
3.3 Unique Accounts; No Transfer. You will only use one single account, one single username and one single e-mail address to participate on the kirps.com website. You may not transfer your Account to any third party without the prior written consent of Joopita Research a.s.b.l.
3.4 Cancellation, Refunds, Reactivation. Accounts may be cancelled at any time, by going to the My Account page and clicking on "cancel account". Upon clicking "cancel account" and confirming with you r password, your Account will instantly be cancelled. If you owned virtual goods linked to your kirps.com Account, these may be transferred to the kirps.com Community or they may be deleted. THERE WILL BE NO REFUNDS FOR OBJECTS THAT YOU BOUGHT USING YOUR ACCOUNT. It is usually not possible to re-activate cancelled accounts, and it may not be possible to re-link purchased virtual goods to your account after re-activating it. Virtual goods once linked to your account may be altered or deleted by administrators or even other site members after you cancel your account, or if your account has been terminated.
4.1 License. Subject to the terms of this Agreement, Joopita Research a.s.b.l grants to you a non-exclusive, limited, fully revocable license to use the Service and the kirps.com Software during the time you own an Account for but only as long as you are in full compliance with these terms and conditions and the kirps.com Rules. You may only use kirps.com website as expressly provided in this Agreement. Nothing in this Agreement, or on Joopita Research a.s.b.l's or kirps.com's site, shall be construed as granting you any other rights or privileges of any kind with respect to the Hardware, Software, Service or to Content other than your own.
4.2 Service Provider. Joopita Research a.s.b.l acts as a service provider that may allow people to interact virtually at any time, from anywhere, in a variety of formats. Joopita Research a.s.b.l is not involved in actual communications between users or even in users' interactions with the virtual world of the Service. As a result, Joopita Research a.s.b.l has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service. As a condition of access to the Service, you release Joopita Research a.s.b.l (and Joopita Research a.s.b.l's owners, 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.
You further understand and agree that: (a) Joopita Research a.s.b.l will have the right but not the obligation to resolve disputes between users relating to the Service; (b) to the extent Joopita Research a.s.b.l 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) Joopita Research a.s.b.l's resolution of such disputes will be final with respect to the virtual world of the Service but will have no bearing on any real-world legal disputes in which users may become involved; and (d) you hereby release Joopita Research a.s.b.l (and Joopita Research a.s.b.l's owners, 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 Joopita Research a.s.b.l's resolution of disputes relating to the Service.
4.3 All Data On Joopita Research a.s.b.l's Servers Are Subject to Deletion, Alteration or Transfer. When using the Service, you may name objects, create content and take part in the kirps.com Community. THESE DATA, AND ANY OTHER DATA INCLUDING CONTENT (AS DEFINED IN SECTION 6.1 BELOW) AND ACCOUNT HISTORY RESIDING ON Joopita Research a.s.b.l'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN Joopita Research a.s.b.l'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, Joopita Research a.s.b.l DOES NOT ADMIT, PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO CONTENT OR ACCUMULATED STATUS OR OTHER DATA.
5. USER CONDUCT
5.1 Participant Conduct. In addition to abiding at all times by the Community Rules, you agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (ii) impersonate any person or entity, including, but not limited to, an Joopita Research a.s.b.l employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit Content as determined by Joopita Research a.s.b.l at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) attempt to gain access to any other user's Account or password; or (x) "stalk" or otherwise harass another user. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Account. You agree that Joopita Research a.s.b.l may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you.
5.2 Use as Provided. Joopita Research a.s.b.l has designed the Service to be experienced only as offered by kirps.com at its web site or partner websites. You agree to use the Service only as offered by Joopita Research a.s.b.l at its web site or partner websites and not through any other means. You further agree not to create or provide any other means through which the Service may be accessed or used, as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Service, except that you may use the kirps.com Software to the extent expressly permitted by this Agreement. You are prohibited from taking any action that imposes an unreasonable or disproportionately large load on kirps.com's infrastructure.
5.3 Participant Content Ownership and License Terms, Including Participant Representations and Warranties. Users can create Content on kirps.com's servers in various forms. Joopita Research a.s.b.l acknowledges and agrees that, subject to the terms and conditions of this Agreement, including without limitation the limited licenses granted by you to Joopita Research a.s.b.l herein, you will retain any and all applicable copyright and/ or other intellectual property rights with respect to any Content you create using the Service. Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the service, you automatically grant (and you represent and warrant that you have the right to grant) to Joopita Research a.s.b.l: (a) a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Service; (b) the perpetual and irrevocable right to delete any or all of your Content from Joopita Research a.s.b.l's servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as Joopita Research a.s.b.l may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Service. You also understand and agree that by submitting your Content to any area of the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to Joopita Research a.s.b.l and to all other users a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual License, under any and all patent rights you may have or obtain with respect to your Content, to use your Content for all purposes within the Service. You further agree that you will not make any claims against Joopita Research a.s.b.l or against other users based on any allegations that any activities by either of the foregoing within the Service infringe your (or anyone else's) patent rights. You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and Joopita Research a.s.b.l will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the service, including without limitation any legal consequences relating to your intellectual property rights; and (iii) Joopita Research a.s.b.l's acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of Joopita Research a.s.b.l's intention not to require users to forego certain intellectual property rights with respect to Content they create using the Service, subject to the terms specified herein.
6.1 Content. YOU UNDERSTAND AND AGREE THAT Joopita Research a.s.b.l HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOURS) 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.
6.2 Rights in Content. You acknowledge that Joopita Research a.s.b.l and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, that they retain all such rights and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from Joopita Research a.s.b.l.
7. INTERRUPTION OF OR CHANGES TO SERVICE
7.1 Termination. Joopita Research a.s.b.l 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. Joopita Research a.s.b.l may suspend or terminate the Account associated with such breach and any or all other Accounts held by you or your affiliates. In the event that Joopita Research a.s.b.l suspends or terminates your Account or this Agreement, you understand and agree that: (a) you shall receive no refund or exchange for virtual or physical services or articles you purchased, or for anything else. Notwithstanding the foregoing, no money will be returned to you in the event that your Account is terminated due to suspicions of fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service.
7.2 Interruption. Joopita Research a.s.b.l reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Joopita Research a.s.b.l will not be liable for any interruption of the Service, delay or failure to perform, and understand that except as otherwise specifically provided in this Agreement you shall not be entitled to any refunds of fees for interruption of service or failure to perform.
7.3 Changes. Joopita Research a.s.b.l 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.
8.2 The kirps.com Observation. You acknowledge and agree that Joopita Research a.s.b.l, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service. Joopita Research a.s.b.l 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.
9. NO WARRANTY AND DISCLAIMER
9.1 DISCLAIMER. Joopita Research a.s.b.l PROVIDES THE SERVICE, kirps.com SOFTWARE, THE 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, Joopita Research a.s.b.l does not ensure continuous, error-free, secure or virus-free operation of the Service, the Joopita Research a.s.b.l Software or your Account, and you understand that you shall not be entitled to refunds for fees based on Joopita Research a.s.b.l'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.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL Joopita Research a.s.b.l/kirps.com OR ANY OF ITS OWNERS, 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 kirps.com SOFTWARE, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT Joopita Research a.s.b.l 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 Joopita Research a.s.b.l'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 it is impermissible, this limitation may not apply to you. You agree that Joopita Research a.s.b.l cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service.
At Joopita Research a.s.b.l's request, you agree to defend, indemnify and hold harmless Joopita Research a.s.b.l, its owners, 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 Joopita Research a.s.b.l, 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 Joopita Research a.s.b.l in connection with the deletion, alteration, transfer or other loss of your Content, Accumulated Status or other data held in connection with your Account, and (b) any claims by third parties that your Content infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.
12. FURTHER INFORMATION
All notices given by you or required under this Agreement shall be mailed to:
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