Terms of Service
Welcome to Paradigm.
M and M Quartly Investments Ltd. (the “Company” , “we” or “us“) offers Paradigms’ Services to you, provided that you are either (i) of legal age to form a binding contract and are not a person barred from receiving Paradigms’ Services under the laws of New Zealand, and/or other applicable jurisdiction; or (ii) operating during your use of the Pradigms’ Services under the supervision of a person of legal authority to form such a binding contract on your behalf, under the laws of the New Zealand or other applicable jurisdiction (“you” or the “User“). We recommend that you keep your account password safe and secured. Please notify us of any unauthorised use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to keep your account secure.
Registration to the Paradigms’ Services
In order to access the Kitely Services, you will need to open an account with us (“Paradigm Account“).
Please note that upon registration to the Paradigm Services via certain social networks, such social networks may require real identification information (e.g. Facebook, LinkedIn etc.) and, thus, others may be able to view your information therein (see also: Information Received From Third Party Sites section below).
As part of the Paradigms’ Services, any User may either create virtual spaces that will be stored in his or her personal Paradigm Services account (a “Virtual World“) or visit Virtual Worlds created by others, pursuant to access restrictions, as defined by the relevant Region Manager (as such term is defined below).
Virtual World sizes are measured in the number of units (“Regions“) they contain. Each Region starts at 65536 virtual square meters. Or a multiple of the is number if larger regions are required.
Representations and Warranties of Region Managers
A Region Manager is a User who has created a Virtual World.
Each Region Manager is responsible for managing his or her Virtual Worlds, and will be put in charge of controlling the activity of the Users who visit her or his Virtual Worlds (“Your Visitors“).
A Region Manager may designate access restrictions, in order to prevent certain Users from entering or being a part of his or her Virtual Worlds in any way (“Access Restrictions“). You hereby undertake that you shall proactively institute such Access Restrictions to comply with all applicable laws and prevent violations of these Terms by Your Visitors.
You agree to not use Paradigms’ Services to do anything unlawful, misleading, malicious, or discriminatory.
You agree to not use Paradigms’ Services to bully, intimidate, or harass anyone.
You agree to not use Paradigms’ 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 Paradigms’ 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 Paradigms’ 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 Paradigms’ Services to send or otherwise post unauthorised commercial communications (such as spam).
You agree to not do anything that could disable, overburden, or impair the proper working of Paradigms’ Services or any other organisation or individual.
You agree to not solicit Paradigms’ Services login information or access a Paradigm Account belonging to someone else.
You agree to not upload Content which is not appropriate for the age of the other users in the applicable Virtual World.
You agree to not create an API or GUI around Paradigms’ 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 Paradigm, or express or imply that Paradigm 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 Paradigm’s Intellectual Property (as shall be defined below).
Please be aware that the Content displayed through the Virtual World has been uploaded by Users of Paradigm’s Services and not by Paradigm. We can therefore take no responsibility if you find such Content offensive, indecent or objectionable.
We strongly encourage you to report any activity or Content that may violate the Terms, by using the Company’s online Contact form.
Please do not access the Paradigms’ Services by any means other than through the interface that is provided by the Company for accessing Paradigm Services.
Pardigm is unable to authorise legal access to children under the age of 16, without parental or legal custodian supervision (“Adult Supervision“). If you are not yet 16 years old, and do not intend to use the Paradigms’ Services subject to such Adult Supervision, you must wait until you turn 16 before you can create a Paradigm Account. If Company learns that it has collected personal information from a child under the age of 16 which is not using the Paradigms’ Services under Adult Supervision, it will handle such information according to any applicable law.
Users outside of the New Zealand agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the from New Zealand or your country of residence.
Availability of the Paradigms’ Services
Access to Paradigms’ Services may not be available at all times or in all areas. Company reserves the right to modify or discontinue, temporarily or permanently, Paradigms’ Services, with or without any notice to you. You agree that the Company shall not be liable to you or to any third party for the content or any modification, suspension, or discontinuance of the Paradigms’ Services and/or any of the Content (including, without limitation, User Generated Content (as defined below)) presented therein.
The Content may include commercial advertisements uploaded by Users, within their Virtual Worlds. All the information contained in such advertisements has been uploaded on behalf of the Users and at their sole responsibility. Company is not endorsing any of the advertisers and makes no warranties or representations regarding such advertisements.
Cookies & Local Storage
When you visit the website and/or use the services, Paradigm 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 Paradigm 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.
Company 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 Paradigm. This kind of cookie is updated each time you visit Paradigms”s website and/or use any of Paradigms’ 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.
We take great care in maintaining the security of the Paradigms’ Services and your information and in preventing unauthorised access to it through industry standard technologies and internal procedures. However, we do not guarantee that unauthorized access will never occur.
Third Party Sites
Information Received From Third Party Sites
We claim no ownership or control over any Content submitted, posted or displayed by you on or through Paradigm’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 Paradigms’ Services and you are responsible for protecting those rights, as appropriate.
We claim no rights to your User Generated Content, but we must have your permission to use and distribute that Content via Paradigms’ Services, for us to be able to provide the Paradigms’ Services you elect to use. Therefore, you may only upload, publish, submit or sell User Generated Content on or through Paradigms’ Services if you agree to provide us with a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use that Content in or in connection with Kitely Services. To be clear, we will only use your User Generated Content for providing Paradigms’ Services, unless we have your written permission to use it in other ways. In addition, the license you grant us to use your User Generated Content will end when you, and all the other Users you allowed to get copies of that Content, delete all your respective copies of that Content from Paradigms’ Services.
Paradigm 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.
An “Avatar” is a Paradigm 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 delivered by Paradigm’s Market (as the term is defined below) are either explicitly licensed for use outside of Paradigms’ Services (grant you “Export Permission“) or are explicitly barred from use outside of Paradigms’ Services (are marked “No-Export“). Items not delivered by Paradigms’ Market 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 Paradigms’ Services using the same copy, modify and/or transfer terms that they have for those Items inside Paradigms’ 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.
Paradigms’ 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 Paradigm and subject to copyright and other applicable intellectual property rights under New Zealand law, 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 the Company.
When used with Company’s permission or as permitted by applicable law, to the extent provided, all trademarks must be identified as trademarks of the Company 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.
We always appreciate your feedback or suggestions, but please don’t share any ideas with us for which you expect to be compensated. If you don’t agree to us freely using your idea without you getting anything in return then simply don’t discuss that idea with us.
The Company respects the intellectual property rights of others. Company’s policy is to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act (“DMCA“) and/or other all applicable laws, including, but not limited to, the New Zealand Copyright Law, and to terminating the accounts of repeat infringers. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please use Company’s online form, available by clicking hereto file a complaint on copyright infringement and provide the following information in writing to The Company’s Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit The Company to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
You agree that Company has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Paradigms’ Services. You acknowledge that Company may have set no fixed upper limit on the number of transmissions you may send or receive through Paradigms’ Services or the amount of storage space used; however, Company retains the right, at its sole discretion, to create limits at any time with or without notice.
Some Paradigms’ Services may require you to obtain Paradigms (“P”). P is a virtual currency issued by the Company to be used solely in connection with the Paradigms’ Services. P may be purchased from Company, and may not be refunded, traded, exchanged, transferred, or sold except within Paradigms’ Services at Company’s discretion. Company may give and take away P from time to time, without warning, and without compensation, for reasonable causes determined at its sole discretion such as fraud, accounting error, legal orders, and/or alleged violation of these Terms.
Company will charge your account’s P balance (“P Balance“) a certain storage fee of P per calendar day (“Day“) per nonupgraded virtual world stored in your account (“Stored World“). When copying an existing virtual world or changing a world to be a Stored World, Company will immediately charge your P Balance the current Day’s storage fee for the resulting Stored World. If Company is unable to bill you for Stored Worlds for more than 60 consecutive Days, Company may, at its sole discretion, delete all your Stored Worlds without notice or compensation. It is your sole responsibility to make sure that your P Balance contains enough P to continue paying for world storage.
Upon termination of your use of Paradigms’ Services, we will close your account and you will no longer be able to retrieve Content contained in that account. Upon termination of your account all Ps contained in your Account shall be canceled and of no further force and effect. Notwithstanding the foregoing, we shall, however, refund such Ps or any portion thereof if required by law or otherwise at our discretion.
Paradigms’ Services include a marketplace (“Paradigm Market“) where you can buy Items from Users (“Merchants“) and sell Items you create to Users (“Buyers“).
Kitely Market allows selling products for NZ Dollars (“NZD“) or Ps. When Items you sell via the Paradigm Market are purchased using P you receive the P net of Paradigm Market Fees (as defined below) into your P Balance immediately. When Items are purchased using NZD, the money net of Paradigm Market Fees (“Withheld Money“) accumulates in your NZD balance (“NZD Balance“), and it will be transferred to you, following the Withholding Period (as defined below), at regular weekly intervals (“Weekly Payout Date“). You must have a working Verified PayPal account (“Your PayPal Account“) in order to receive Withheld Money. Until you provide the Company with the details of Your PayPal Account, the NZD that you receive will keep accumulating in your NZD Balance. If you don’t setup Your PayPal Account, or there’s a problem with Your PayPal Account, then the Company won’t be able to transfer Withheld Money from your NZD Balance to you. If at a Weekly Payout Date the amount of Withheld Money scheduled for transfer is less than 10 NZD (“Minimum Payout Amount“) then the transfer of that Withheld Money will be delayed until the next Weekly Payout Date in which at least the Minimum Payout Amount is scheduled for transfer. You agree that if Withheld Money can’t be transferred from your NZD Balance to Your PayPal Account for more than 90 days, Company may remove that Withheld Money from your NZD Balance, use it to buy P (at the rate of 500 KC for each 1 NZD) and add those bought P to your P Balance. Company won’t buy back, refund or otherwise convert money back from P to NZD under any circumstances.
The Company will withhold sales revenue from Items sold for NZD for a period of 45 Days (“Withholding Period“) to get past the PayPal transaction dispute window. If no payment dispute is received from PayPal during the Withholding Period and the Company doesn’t have a reason to suspect the Withheld Money is connected to activities that are against the Terms, the Company will schedule the Withheld Money for transfer to Your PayPal Account in the next Weekly Payout Date. You agree that Company may, at its own discretion, delay transferring Withheld Money to Your PayPal Account if it suspects that it will need to keep the money in order to offset future losses resulting from PayPal disputes or credit card chargebacks connected to your Kitely Market transactions. If Company suffers losses from your Kitely Market transactions it will deduct the sum of those losses from your current and future NZD Balance and, at the Company’s discretion, take additional actions to recuperate its losses.
All sales in Kitely Market are final, the Company will not refund PayPal transactions. Merchants can refund payment for a bought Item during the 30 Days following the time the Item was bought. When a Merchant refunds a bought Item, the Company will also refund the sales commission it collected for that sale. All Merchant-issued refunds are in P, even if the Buyer paid in NZD. When a Merchant issues a refund for an Item bought for USD the Company will remove the money earned from the sale from the Merchant’s NZD Balance and will give the Buyer 500 KC for each 1 NZD that he or she paid for the Item. Real Money Processing Fees will not be refunded.
License rights to use bought Items are contingent upon the transfer of money from the Buyer to the Merchant. All license rights terminate immediately and without notice if a sale is reversed for any reason. The Company reserves the right to remove Buyer access to Items for which the Merchant does not retain payment.
You may not sell Items that contain brands, trademarks, copyrighted content, or any other sort of intellectual property for which you do not have an explicit license from the intellectual property owners to sell in the Paradigm Market. You must mention the existence of such a license in the Paradigm Market Item listings of any Items that include third-party content which was not bought in Paradigms’ Services. You agree to provide the Company with documentation proving the existence of these explicit licenses upon request.
You agree that, except inside Virtual Worlds, you will not use Paradigms’ Services to specify how to obtain your Items that are listed in Paradigms’ Market outside of Paradigms’ Services.
Money Back Guarantee
If you aren’t fully satisfied with your Virtual World then let us know within 14 days of when you created that Virtual World and we’ll refund what you paid us to host it. Refund requests must be sent from the email address you had used to create your Paradigms’ Account, to the email address that is listed at https://paradigm.ac.nz/contact (the “Contact Page“).
This money back guarantee is only valid for the hosting fees of newly created Virtual Worlds. It isn’t valid for Virtual Worlds which have been upgraded or downgraded from other world types; for purchases of Paradigm Credits; or for purchases from Paradigm Market. If you abuse this guarantee (e.g., by repeatedly ordering worlds and then asking for a refund) then we reserve the right to refuse your refund requests.
Modifications to Service
Company may, from time to time modify or discontinue, temporarily or permanently, Paradigms’ Services (or any part thereof) with or without notice. In such event, Company will strive to provide advance notice if practicable to its Users.
You may discontinue your use of Paradigms’ Services at any time. You agree that Company may at any time and for any reason terminate your access to Paradigms’ Services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Paradigms’ Services, your account or any files or other content contained in your account. The following sections of the Terms shall survive expiration or termination: Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations, Choice of Law, Waiver and Severability, and Statute of Limitations.
You agree to hold harmless and indemnify Company, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “M and M Quartly Investments Ltd“) from and against any third party claim arising from or in any way related to your use of Paradigms’ Services, violation of the Terms or any other actions connected with use of Paradigms’ Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Company will provide you with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF PARADIGM’S SERVICES IS AT YOUR SOLE RISK. PARADIGMS’ SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, M AND M QUARTLY INVESTMENTS LTD EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
M QUARTLY INVESTMENTS LTD DO NOT WARRANT THAT (i) PARADIGM SERVICES WILL MEET YOUR REQUIREMENTS, (ii) PARADIGMS’ SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PARADIGMS’ SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH PARADIGMS’ SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PARADIGMS’ SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARADIGM OR THROUGH OR FROM PARADIGMS’ SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Exclusions and Limitations
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND PARADIGM’S AGGRAGATE LIABILITY WILL BE LIMITED TO THE SUM OF ONE HUNDRED DOLLARS ($100).
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that the Company may provide you with notices, including those regarding changes to the Terms, by email, social networks, instant messages, virtual world messages, regular mail, or postings in Paradigms’ Services.
The Terms (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Company and govern your use of Paradigms’ Services, superseding any prior agreements between you and Company for the use of Paradigms’ Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Paradigms’ Services, affiliate services, third-party content or third-party software.
Choice of Law and Forum
The Terms and the relationship between you and Company shall be governed by the laws of New Zealand without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within New Zealand.
Waiver and Severability of Terms
The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Paradigms’ Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This document was last updated on June 3rd, 2018.
The section headings in the Terms are for convenience only and have no legal or contractual effect.