Terms of Service
3Dchat™ Terms of Service Agreement
Please become familiar with this Terms of Service Agreement so you become familiar with what is expected of you while visiting 3Dchat. By using the 3Dchat software, services or its website, you are agreeing to comply with all of the terms, conditions and obligations contained in this Terms of Service Agreement.
What is 3Dchat
3Dchat is a virtual environment with related websites and services designed to provide visitors an area to socialize, date, shop, learn and play. 3Dchat LLC (hereinafter referred to as “3Dchat”) offers access to its virtual world and websites to its visitors strictly subject to this Terms of Service Agreement, which includes, but is not limited to, all policies linked from this Terms of Service Agreement as well. The Terms and Conditions including the policies of 3Dchat cannot be altered by and between 3Dchat and any visitor(s) without the express, written consent of 3Dchat. 3Dchat, at its sole discretion, may modify this Agreement from time to time and post the modified Agreement clearly on its website.
The 3Dchat software client and related services (herein referred to as “Services”) including, but not limited to, the virtual space accessible for, and inhabited by, real persons who are graphically represented by their computer generated avatars in the virtual world of 3Dchat, is provided to qualified and approved persons only. These persons who have signed up to use the aforementioned 3Dchat family of websites, virtual worlds and software services, (herein referred to as “Member(s)” or “User(s)) are permitted to do so only with the consent of 3Dchat, which can be unreasonably withheld or denied at its sole discretion.
Your access to 3Dchat
In order to have access to 3Dchat, you must sign up for 3Dchat and become a 3Dchat member. 3Dchat is designed to allow real people to meet, play, share and enjoy with others. Like many social networks, our users are actual, real people. Similarly, each user will choose with whom to share their profile data with. You, the user will have control over your information and who sees it.
18 or over only PERIOD!
3Dchat will not tolerate underage access to this site. There are dozens of virtual worlds and websites targeting the teen/tween market, this is NOT one of them. Our world is comprised of users that wish to associate with others who they know are real people and who are adults. Therefore, all members of 3Dchat will be checked through VERYfy™, and certified to be over the age of 18. VERYfy™ confirms your identity by cross checking the information you provide against consumer and business databases. The information you provide to 3Dchat and VERYfy™ is used for verification purposes only. The VERYfy™ process is not a credit check and has no effect on your credit rating. 3Dchat will use any other means necessary used to confirm users are over 18 as well, and we strictly enforce our “when in doubt, don’t allow access” policy. This restriction is here because our users have demanded that they have a place by grown-ups, for grown-ups. The penthouse apartments, game shows, beach, dance game etc. all are built around the needs and desires of adults. In addition, virtual dating and sensuality is an allowable feature for VERYfied™ premium members and may not be appropriate for young users. Members that VERYfy™ are granted special access, rights, support and stature within 3Dchat. Your country may have further restrictions; therefore you must also be of legal age in your country of residence to become a 3Dchat member. By signing up you expressly declare that you are of legal age in your country of residence to view and participate in the 3Dchat virtual world and websites. As a specific term of your use of 3Dchat, you agree to the following;
- You expressly agree that you will not provide any false personal information to 3Dchat, or our billing partners, or to any of our third party services.
- You expressly agree that you will not create an account for any member other than yourself without written permission from 3Dchat.
- You expressly agree that you will not share your password or let any other Member access your account, or do anything else that might jeopardize the security of your account and personal information.
- You expressly agree that you will not send or otherwise post unauthorized commercial email or communications (such as spam) on or in 3Dchat in any way, shape or form.
- You expressly agree that you will not engage in unlawful multi-level marketing, such as a pyramid scheme on or in 3Dchat in any way, shape or form.
- You expressly agree that you will not upload viruses or other malicious code on or in 3Dchat in any way, shape or form.
- You expressly agree that you may not transfer your account to any member and you are fully responsible for what happens on your account, including the billing charges and the conduct/behavior of any person(s) that has access to your account. (We HIGHLY recommend that you use a sophisticated password that cannot be easily deciphered.)
- You expressly agree that you will keep your information accurate and up-to-date.
- You expressly agree that you have familiarized yourself with the privacy and application settings with regard to 3Dchat software and website profile information and have adjusted the settings in accordance with your personal preferences.
- You expressly agree that you are fully responsible for all content you post in your profile and other areas of 3Dchat and how that information is shared.
3Dchat reserves the right to alter, change or deny any usernames at its sole discretion. Any name or ID conflicts with another user, is similarly confusing, impersonates staff or is otherwise inappropriate we may ask you to change it and you agree to do so upon notification to do so. You agree that 3Dchat, in its sole discretion, may terminate your password, account (or any part thereof) or use of the services and remove and discard any electronic communications within the services, for lack of use or if 3Dchat believes that you have violated or acted inconsistently with the terms or purpose of these Terms of Service. 3Dchat may also in its sole discretion and at any time discontinue providing the Services, or any part thereof. You agree that any termination of your access to the services under any provision of these TOS may be effected upon notice to you, and acknowledge and agree that thereafter 3Dchat may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files and services. Further, you agree that 3Dchat shall not be liable to you or any third party for any termination of your access to the services. You further agree to forfeit any refund due for pre-paid access or pro rata portion of any fee that may have been paid by you for the portion of the services not furnished to you as of the date of such termination. If your account is terminated for any reason or remains dormant for longer than 90 days, the account may be permanently closed and the username may be reissued to another member at the sole discretion of 3Dchat.
Your Actions in 3Dchat
Like the real world, 3Dchat is comprised of many types of people. These 3Dchat members enjoy a high level of freedom to interact with other members. Although not the intention or responsibility of 3Dchat, you may be exposed to content or actions you may find offensive or objectionable. 3Dchat does not control, regulate or pre-screen content made available by 3Dchat members to other members, nor does it control in any way the actions performed by individual 3Dchat members. Therefore, 3Dchat has very limited control over the quality, accuracy, morality and legality of various aspects of 3Dchat. Your use of 3Dchat attests that you agree to hold 3Dchat harmless for any reason whatsoever, including, but not limited to, actions or offensive materials that you may be exposed to. 3Dchat WILL, however, use its best efforts and take appropriate action against 3Dchat members who disrupt 3Dchat in ANY way, especially by not respecting their fellow members when such acts are reported to us.
By using the 3Dchat client, website and related materials, you acknowledge and agree that you are solely responsible for all your actions in or related to 3Dchat. You are always required to respect all applicable legal rules, including statutory law and each of the provisions of this Terms of Service agreement.
You agree to follow the rules communicated to the 3Dchat members through the Terms of Service agreements posted on the 3Dchat website or in the virtual world client. Your actions must not be publically indecent, offensive, or immoral by the standards of your place of residence or by the standards of the real world which is simulated, such as the standards of public safety, public decency and public order.
In ANY area of 3Dchat, including private apartments and penthouses or public stores and all other public areas, your actions must not be contrary to the rules provided by this Terms of Service Agreement or the individual retailer or real estate leaser.
You agree that you will not harass, intimidate, threaten, or stalk any member, or make any rude, insulting or defamatory remarks to or about any member, or do anything else that a person acting reasonably would consider inappropriate. You further agree not to distribute any other member's personal information, including photos or information that you may have about any other member without their explicit written consent, a copy of which must be sent to 3Dchat prior to the dissemination of that information in any way within 3Dchat.
You agree that you will not link, post or display publically materials that would be deemed offensive by users or is illegal in any way. This includes using or displaying copyrighted materials that you are not the copyright holder of, nor have express written permission from, to display or utilize that copyrighted material. You expressly take 100% personal responsibility for this and all other actions you take within 3Dchat’s virtual world and on its websites. 3Dchat may at its sole discretion and without prior notice, delete, change or insert content originally inserted by a 3Dchat member that it considers offensive, illegal or immoral. The user will be notified and issued a warning for the infraction.
You agree to refrain from any activity which in any way could be considered an obstacle to other users of 3Dchat, including in any way hindering the ability of other users of 3Dchat to have an enjoyable experience. You agree to follow the instructions of 3Dchat, its employees, assistants and vicarious agents, including administrators and moderators of 3Dchat in world and in its forums.
You acknowledge and agree to only access the virtual world of 3Dchat through the unaltered 3Dchat software client provided by 3Dchat.
You agree NOT TO EVEN ATTEMPT to alter in ANY WAY the copyrighted code of 3Dchat’s virtual world software, attack its websites or commit any other illegal act of a similar nature.
For you disruptive techies out there, each time the software is executed, we will be doing numerous internal checks on the software, including CRC checks and verifying digitally signed files prior to each launch of 3Dchat. If there are discrepancies in the files, they will be re written back to their original state and the incident logged and reviewed. If there are multiple attempts by you to alter the files or in any way attempt to ‘hack’ 3Dchat, the client will self disable and you will be permanently banned. In addition, the computer code that runs the software (client) to operate all aspects of the 3Dchat service is copyrighted. We can and WILL pursue either criminal or civil action to the fullest extent of the law against anyone attempting to hack, decompile, disable or distribute unauthorized copies of our copyrighted materials, use our copyrighted name or trademark infringement or disrupt our services in any way.
You agree to promote yourself on and in 3Dchat with your real gender, age and social aspects. If you say you’re a 18 year old female and you’re really a 45 year old male, you may receive a lifetime ban and be required to verify your data with customer support to get your account reinstated.
Your safety is IMPORTANT!
We do our best to keep 3Dchat safe, but we cannot and do not guarantee it. We have implemented numerous safeguards, but it is up to you to use good judgment at all times when using the internet.
We want you to be able to enjoy 3Dchat without being harassed by any other users that you do not wish to interact with. At any time, you can turn off the ability to see, or be seen by any other residence within 3Dchat. If someone is acting towards you in a disrespectful manner, you may simply elect to report the abuse and then disintegrate them from your 3Dchat world altogether. They cannot see you, you cannot see them. Poof! Most of the time, 3Dchat will not have to intercede at all for the virtual residence of 3Dchat. There are always those few, as we all know, that derive pleasure by being disruptive to others. 3Dchat will not restrict the liberties granted the many for the malicious acts attempted by the few. 3Dchat will retain policies for those of you that wish to come into this world simply to disrupt others. The other users and 3Dchat moderators will easily find, flag and remove these users in a fast and efficient manner. We will maintain a zero tolerance policy for abusers of 3Dchat ad its legitimate users!
We have implemented a sophisticated reporting mechanism throughout 3Dchat. Users in our world will govern themselves for the most part but when they are stalked, treated disrespectfully or in any way harassed they can easily send an abuse report. If there are multiple abuse reports about the same user, 3Dchat will intercede on behalf of the users that made the reports and take appropriate action. So if you are repeatedly reported by other users as abusive, combative or disruptive in any way, 3Dchat, at its sole discretion, may implement the following;
- Short term suspension of your ability to use our virtual world, and your avatar may spend that time as a ghost, invisible and unable to interact with others in world. You may be allowed to walk around the world as a ghost to watch and learn how others play well together.
- Long term suspension of your ability to use our virtual world, and your avatar may spend that time in a suspended state of animation, in a virtual jail cell.
- Permanent suspension of your ability to use our virtual world, and your avatar may be burned at the stake, never to return.
3Dchat™ the 3Dchat logo, and other 3Dchat trademarks, service marks, logos and product and service names are marks of 3Dchat LLC ("3Dchat marks"). Other trademarks, service marks, and logos are the property of their respective owners. You agree not to display or use the 3Dchat marks, or any other marks in any manner without the owner's express prior written permission.
This Terms of Service Agreement constitutes the entire agreement between all of the parties, and replaces any prior agreements or promises anyone from 3Dchat may have made to you.
If any portion of these Terms of Service agreement is found to be unenforceable, the remaining parts will remain in full force and effect.
If we fail to enforce any portion of this Terms of Service agreement, it will not be considered a waiver unless in writing, and such shall not be considered a permanent waiver regardless.
Any amendment to or waiver of this Terms of Service agreement must be made in writing and will be posted. We can change these Terms of Service agreement by posting the changes with the current version number under the link "Terms of Service" on the access pages to the Service and at www.3dchat.com. You are responsible to be familiar with the latest Terms of Service agreement at all times you are a user of 3Dchat.
We reserve the right, in our sole discretion, to deny, restrict, suspend or terminate your access to all or any part of 3Dchat services at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the service at any time, including the availability of any feature, database, or content, without prior notice or liability.
ALTHOUGH WE TRY TO KEEP THE SERVICE OPERATIONAL, BUG-FREE, AND SAFE, THE SOFTWARE IS IN A CONSTANT STATE OF GROWTH AND PERPETUAL TESTING PHASE, THEREFORE YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SERVICE "AS IS" AND ON AN “AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE SAFE OR SECURE. 3DCHAT RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICES (OR ANY PART THEREOF) WITHOUT PRIOR NOTICE. YOU AGREE TO 3DCHAT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SERVICE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE 3DCHAT, our DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TOS OR USE OF THE SERVICE, EVEN IF YOU ARE RUNNING A BUSINESS, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF SERVICE OR PROVIDING THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, YOU AGREE THAT OUR LIABILITY WILL BE LIMITED TO THE LOWEST AMOUNT PERMITTED BY THAT APPLICABLE LAW.
We reserve the right to report illegal activity to law enforcement. We retain the right to require a subpoena or other legal process prior to providing any information to law enforcement. However, should we determine that we wish to voluntarily initiate or cooperate with a law enforcement investigation; you specifically give us the right to provide any information to law enforcement at any time without requiring a subpoena or other compulsory legal process. We currently intend to exercise our rights in conjunction with laws intended for the protection of minors. Similarly, if we have any reason to believe that you have engaged in any behavior that is detrimental to any child, we may report such activity to law enforcement and/or any agency or organization that is engaged in the protection of children. Our policy is to report child sexual abuse to the appropriate authorities in the relevant country and we will do so any time we suspect such abuse may have occurred. By using this service, you expressly agree that we are permitted to do all of this and give up any right you may have to prevent such reporting or to be compensated for such reporting or any consequential damages this might cause you.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Terms of Service agreement or 3Dchat exclusively in an online dispute resolution forum. The laws of the state of South Carolina, USA will govern this Terms of Service agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Charleston County, South Carolina, USA for the purpose of pursuing any such claims.
By using the 3Dchat software and or any of its services or website, you certify that you have read and agree to each of the terms and conditions set forth in this Terms of Service Agreement.
Last Updated: June 27, 2010