Little Big Mining Log Terms of Use (ToU)

2011-02-08

Welcome to the Little Big Mining Log services, tools and software (collectively, the "Little Big Mining Log" or "LBML"), provided to you by Digital Envision Piotr Koziuk ("Digital Envision").

All trademarks used in this document are the property of their respective owners.

The condition for Your use of Little Big Mining Log is that You have a registered and verified Little Big Mining Log Account. In order to operate the Little Big Mining Log program You must accept the following Little Big Mining Log Account Terms of Use ("ToU" or "Agreement").

These ToU is an agreement between You, who wish to use the Little Big Mining Log and Digital Envision the developer and owner of the Little Big Mining Log.

Digital Envision and our relation to MindArk or any of MindArk's planet partners.

Digital Envision and MindArk (including any of MindArk's planet partners) have no affiliations whatsoever.

You cannot use the Little Big Mining Log to ask for help regarding Entropia Universe.

MindArk or any of MindArk's planet partners cannot be held liable for any direct or indirect damages arising from or related to the services provided by the Little Big Mining Log.

MindArk or any of MindArk's planet partners cannot be held accountable for any disputes between you and Digital Envision.

MindArk or any of MindArk's planet partners are the sole owner of all trademarks related to Entropia Universe, such as - but not limited to; "Entropia Universe", "Planet Calypso" and "First Planet Company".

Users should not register their Entropia Universe login details (username and password) in the Little Big Mining Log system.

Little Big Mining Log Account

Account Application and Registration

You can only join and use Little Big Mining Log by creating a Little Big Mining Log Account that is uniquely associated with Your participation ("Account").

You must provide Digital Envision with current, complete and accurate information. Such information may include, without limitation, details such as Your full name, country of origin and e-mail address, during Your Account Application process, as well as Your home address, telephone number and Your bank account and/or credit/debit card information in the case of purchasing account upgrades or special tool features. You agree that You are responsible to update any of Your Self Registered Personal Information, whenever needed, so that Digital Envision's records are always correct. Digital Envision reserves the right to terminate Your Little Big Mining Log Account and/or to refuse a purchase if You provide false, incomplete or misleading Self Registered Personal Information.

Digital Envision reserves the right to, for any reason and at its sole discretion, refuse approval of an Account application, to refuse access to an Account, to Terminate, Ban or Lock an Account and to remove, edit or add Account information, with or without notice to You.

You may only register one Account per avatar inside Entropia Universe.

Your use of the Little Big Mining Log Account and all Your activities with Little Big Mining Log through the Account are regulated by this ToU and related Policies.

Responsibility for the Confidentiality and Security of Your Login Details and for the use of Your Account

Your Account and Login Details are uniquely associated with Your participation in Little Big Mining Log and use of the Little Big Mining Log System. You are solely responsible for preserving the confidentiality of Your Login Details, and for restricting access to Your Account and to the computer from which You access the Account. Digital Envision never asks You to provide us with the Login Details other than your e-mail.

You must notify Digital Envision immediately if You suspect a breach of security or unauthorized use of Your Account and/or Your Login Details. You agree to hold Digital Envision free from liability for any improper or illegal use of Your Account.

Privacy of your account

Digital Envision respects Your right to anonymity in the Little Big Mining Log and all data stored which can be used to identify you will never be sold, given out, leased or by other means released to any third party.

Optionally you will be asked to provide your Entropia Universe Avatar Name which may appear public inside the system

Limited License

Limited and Non-Exclusive License

The Participant acknowledges that he or she shall have only a limited, non-exclusive, non-assignable license to make personal use of the Little Big Mining Log Software and only in conjunction with the use of the Little Big Mining Log Services.

Restricted Use

No modification or de-compilation.

The Participant may not translate, modify, copy, disassemble, de-compile, derive source code, create derivative works from or otherwise tamper with the Little Big Mining Log System, code, software, hardware or firmware provided therewith.

Use of the Little Big Mining Log Software.

The Participant agrees upon not tampering, removing (except complete deletion) or modifying the installed Little Big Mining Log Software and its associated files in any way whatsoever.

No transfer of license.

The Participant may not sell, lease, sublicense or otherwise transfer any rights to the Little Big Mining Log System to third parties.

No transmission.

The Participant may not distribute, transmit, broadcast or display parts of the Little Big Mining Log for commercial use, which has not been authorized by Digital Envision.

No peripheral services or goods.

The Participant may not provide any peripheral services or goods related to the Little Big Mining Log. Digital Envision reserves the right to revoke this limitation either generally or in specific cases.

No Interference

Prohibition to Interfere with the Little Big Mining Log System

You may not analyze, hack into, interrupt, redirect or in any other way affect or interfere with any data and/or network communication to or from the Little Big Mining Log System, the Little Big Mining Log servers, clients, websites and systems, as well as not use any other software than the Little Big Mining Log to interpret or affect data sent to or from the Little Big Mining Log server and client systems. You may also not replicate or in any other way falsely portray the Little Big Mining Log.

You may not use, launch or install any third party software, device or techniques that Digital Envision deems, at Digital Envision's sole discretion, to be possible to use for collecting information from the Little Big Mining Log System or servers, constituting "cheating" and/or affecting the Little Big Mining Log in any way.

Ownership and Proprietary Rights

Digital Envision's Proprietary Rights

The Little Big Mining Log and the Little Big Mining Log System, including, but not limited to, computer code, text, graphics, audio files, logotypes, button icons, images, characters, items, concepts, data compilation and software, is the property of or controlled or licensed by or to Digital Envision and protected by Polish and international intellectual property rights laws.

As part of Your interactions with the Little Big Mining Log, You will generate or in any other way "create" information data based on images captured by the software or user input. You expressly acknowledge that You do not obtain any ownership right or interest in the information data You "create" but you obtain the right to use a certain feature of the Little Big Mining Log in accordance with the terms and conditions of this agreement. For clarity, Digital Envision retains all rights, title and interest to all information, data, and files You create or that are generated by the Little Big Mining Log software. You hereby grant Digital Envision the worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights for any said content.

Changes to the Little Big Mining Log System

It is hereby expressly clarified that the information data, accumulated in Your Account represent only a limited license right regulated by this Agreement. Accordingly, Digital Envision may, at any time and at Digital Envision's sole discretion, update, revise, implement patches or in any other way modify, manage and control the internal data of the Little Big Mining Log System and/or any aspect or feature of the Little Big Mining Log, with or without any prior notice to the Participant or responsibility for compensation due to loss or gain of data consequent to these modifications.

You agree that upon launching the Little Big Mining Log Software updates may automatically be downloaded and installed on Your hardware for the purpose of improving, enhancing or repairing the Little Big Mining Log System.

LIMITATED WARRANTY

NO FURTHER WARRANTY. THE LITTLE BIG MINING LOG IS PROVIDED TO YOU "AS IS". THE LITTLE BIG MINING LOG IS NOT WARRANTED BY DIGITAL ENVISION TO BE UNINTERUPTED , COMPLETE, ACCURATE OR ERROR OR BUG FREE. DIGITAL ENVISION MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE LITTLE BIG MINING LOG. ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DIGITAL ENVISION'S LIMITATION OF LIABILITY

Digital Envision provides the Little Big Mining Log, System.

DIGITAL ENVISION, ITS EMPLOYEES, OFFICERS AND DIRECTORS, ITS AFFILIATES AND SUBSIDIARIES SHALL, TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT, BE LIABLE TO YOU FOR ANY DAMAGES, LOSS OR EXPENSE INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE, OR ECONOMIC LOSS, INCLUDING WITHOUT LIMITATION ATTORNEY FEES, LOST OF GOODWILL OR HARDWARE DAMAGES, ARISING FROM THE USE OF THE LITTLE BIG MINING LOG OR IN CONNECTION WITH YOUR TRANSMISSION OR USE OF ANY CONTENT USING THE LITTLE BIG MINING LOG.

YOU ACKNOWLEDGE THAT , TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, DIGITAL ENVISION SHALL NOT BE LIABLE TO YOU FOR THE LOSS OF ANY DATA OR ELECTRONIC FILES, INCLUDING, BUT NOT LIMITED TO, ACCOUNT, CLAIM DATA, CAPTURED IMAGES, FOR ANY REASON WHATSOEVER INCLUDING, BUT NOT LIMITED TO, SERVER FAILURE, INTERRUPTIONS OR CESSATION OF TRANSMISSION, INTERNET LATENCY, VIRUSES, BUGS, TROJAN HORSES AND THE LIKE, SOFTWARE AND/OR HARDWARE DEFECTS OR ERRORS, UNAUTHORISED USE OF THE LITTLE BIG MINING LOG SYSTEM OR SERVERS, USE OF CONTENT SUBMITTED TO THE LITTLE BIG MINING LOG, AND THE USE OF LITTLE BIG MINING LOG IN GENERAL..

You acknowledge that Digital Envision will not be liable for any damages or loss caused by failure to perform any term or condition of this Agreement due to conditions beyond Digital Envision's reasonable control such as, but not limited to, war, terror attack, strikes, fires, floods, acts of God, governmental or authority restrictions, power failures, or damage or destruction of any network facilities or servers.

Digital Envision reserves the right to interrupt the services available via Little Big Mining Log and/or the operation of the Little Big Mining Log System with or without prior notice for any reason. You agree that Digital Envision will not be liable for any loss or damage caused by interruption of the Little Big Mining Log, delay or failure to perform.

DIGITAL ENVISION'S LIABILITY TOWARDS YOU SHALL, IF ACKNOWLEDGED, IN EACH INCIDENCE BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT PAID FOR ACCOUNT ADITIONS AND SPECIAL FEATURES INTO THE INVOLVED ACCOUNT BY SAID PARTICIPANT UNDER ONE MONTHS PERIOD PRIOR TO THE INCIDENT.

Agreement Breach and Account Termination

Without limiting Digital Envision's legal remedies, if You fail to comply with the restrictions and limitations of this Agreement or the agreements it incorporates by reference, Digital Envision may immediately terminate this Agreement, with or without prior notice to You.

You also agree that Digital Envision has the right to lock Your Little Big Mining Log Account in case of suspected Agreement violation during the period of investigation of the said violation.

If Your Account was Terminated for any reason, Digital Envision is under no obligation to allow You to register a new Little Big Mining Log Account in the future.

In the event that your account is terminated no refund account upgrades or special tool features is granted.

Terms of Agreement

This ToU is effective until terminated by You or by Digital Envision.

Please note that if Your Account has been Locked or Banned You are still obliged to comply with this Agreement in its relevant parts.

If any provision of this Agreement shall be void or unenforceable for any reason, this will not affect the validity and enforceability of any remaining provisions of this Agreement.

All provisions of this Agreement that by their nature should survive termination of this Agreement do survive its termination, including, but not limited to, provisions on proprietary rights, warranty disclaimers, liability and remedy limitations.

Forum and Governing Law

Forum

You agree that all disputes under this Agreement shall be settled by a Polish court in the city of Warsaw. Notwithstanding the exclusive jurisdiction of a Polish court as stipulated above, You acknowledge Digital Envision's right to apply for injunctive and/or other equitable relief in any court of competent jurisdiction.

Governing Law

This Agreement is to be governed by, construed and enforced according to the laws of Poland. You agree that any future dispute that might arise between You and Digital Envision is to be governed by the laws of Poland, without regards to any principles of conflicts of laws and the United Nations convention on contracts for the International Sale of Goods.

Final Agreement

Final Agreement

This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof.

Digital Envision's Right to Change the Agreement

By accepting this Agreement and applying for a Little Big Mining Log Account You agree that Digital Envision may, at any time, update, revise or change this Agreement if Digital Envision reasonably consider it necessary to do so and upon prior notice to You as follows:

All changes will be posted on the Little Big Mining Log website (www. Mininglog.com). You should periodically check the website for such changes. If Digital Envision makes material changes or revisions to this Agreement, Digital Envision will attempt to provide You with a notice, via the e-mail address You provided upon registration.

Your use of Your Little Big Mining Log Account and continued use in the Little Big Mining Log Software after notification of changes means that You have accepted the changes. If You do not want to accept the changes proposed by Digital Envision or any of the terms in this Agreement, Your only remedy is to end this Agreement and Terminate Your Account and cease using the Little Big Mining Log.