Potted

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Virtually Potted, LLC – Licensing Agreement (EULA)

Table of Contents

    INTRODUCTION

    END-USER LICENSE AGREEMENT (EULA) FOR VIRTUALLY POTTED, LLC, DBA “POTTED”

    This End User License Agreement (“EULA”) governs your use of the scripts, prims, mesh, sounds, media files, marketing materials, and textures, along with the Potted game application, software, their associated upgrades, patches, and updates, and related services (collectively referred to as “Potted game”) currently provided or which will be provided by Virtually Potted, LLC.

    ACCEPTANCE

    By using the Potted game, you agree to be bound by the terms and conditions of this EULA. If you do not agree with the terms and conditions of this EULA, you must not use the Potted game.

    AUTHENTIC ITEMS & REGISTRATION

    Definition: “Registered Copy” and “Authentic Seeds.”

    “Registered Copy” means a Potted game item (including seeds, bowls, and pots) that was issued by Virtually Potted, LLC (or an authorized vendor) and recorded by our servers. “Authentic Seeds” are seeds generated and recorded by our servers through normal gameplay or official vendor delivery. Any duplicate, cloned, or otherwise unrecorded item is counterfeit and not licensed for use.

    Condition of License.

    Your license to use Potted items applies only to Registered Copies / Authentic Seeds. Use of counterfeit or unregistered items is a breach of this EULA.

    OWNERSHIP

    All title, ownership rights, and intellectual property rights in and to the Potted game (including, without limitation, all scripts, 3D mesh, textures, text, graphics, music or sounds, all messages or items of information, names, themes, objects, slogans, diagrams, concepts, videos, audio-visual effects, domain names, and any other elements which are part of the Potted game, individually or in combination) and any and all copies thereof are owned by Virtually Potted, LLC. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without the prior permission of Virtually Potted, LLC.

    This EULA confers no title or ownership in the Potted game and should not be construed as a sale of any rights in the Potted game. Except as expressly set forth in this EULA, all rights not granted hereunder to you are expressly reserved by Virtually Potted, LLC.

    IP LOGGING AND DATA MANAGEMENT

    Virtually Potted, LLC, as part of its commitment to maintaining a secure and high-performing environment for the Potted game, implements certain data monitoring practices.

    1. IP Address Logging: To safeguard the integrity of the game and its community, we log and monitor the IP addresses of our users. This practice is crucial for:
      • Ensuring the security and optimal performance of the game.
      • Detecting and preventing abusive behavior or potential breaches.
      • Complying with legal and regulatory obligations.
    2. Email Address Storage: We respect the importance of your personal information. In instances where users voluntarily provide their email addresses, for purposes such as receiving updates or support, we store this data with a high level of security and confidentiality. The use of email addresses is governed by the following principles:
      • Purpose of Collection: Email addresses are collected solely for legitimate business interactions, including but not limited to, game updates, customer support, and promotional communications, if consented to.
        • Although we need an email address to be attached to a support ticket in order to route it to the correct team member, players are not required to use their personal email addresses for this. Players who are concerned with email privacy can use whichever email is more comfortable for them, including temporary email addresses used only for support. Players are recommended to ensure inworld username is correct in support tickets when using email addresses that they may not check to ensure we have a way to contact them.
      • Privacy and Security: We adhere to strict privacy policies to ensure the protection of your personal data. Email addresses are managed responsibly and securely, in alignment with our Privacy Policy.
    3. No Sale of Data: We firmly stand by the principle of not selling your personal data. Your information will not be traded, sold, or in any way provided to third parties for marketing or commercial purposes.

    By participating in the Potted game and using our services, you acknowledge and consent to these data management practices. We emphasize our commitment to privacy and responsible data handling, ensuring a safe and enjoyable experience for all our players.

    ANTI-FRAUD TELEMETRY

    To protect game integrity, you consent to our collection of limited anti-fraud telemetry related to Potted items (e.g., object UUIDs, creator and owner IDs, version numbers, server timestamps, and server signatures) solely to verify authenticity, investigate fraud, and enforce this EULA.

    DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

    Limitations

    3.1. You must not remove or alter any Virtually Potted, LLC copyright notices, trademarks, and/or branding on any and all copies of the Potted game.
    3.2. Use of Potted game elements or any part thereof as part of a trademark, design mark, trade name, business name, service mark, or logo outside of the original official Potted designation is strictly prohibited.
    3.3. All Potted game items purchased through officially designated Potted retailers within the Second Life platform shall be considered registered copies. You may resell registered copies of the Potted game items to third parties via secondary markets within the platform of Second Life, so long as they abide by this EULA.
    3.4. Incorporation of Potted game elements in design applications for resale, including, without limitation, texture maps, background images, texture templates, Second Life clothing items, Second Life Prim Object, and design elements for use in worlds real and virtual, and any use of Potted game elements resulting in redistribution of the game is strictly prohibited.
    3.5. You must comply with all applicable laws regarding the use of the Potted game.
    3.6. You must comply with all applicable Terms of Service and Community Standard guidelines provided on the official Second Life™ website regarding the use of the Potted game.

    Restrictions

    4.1. You shall not modify, reverse engineer, disassemble, or decompile the Potted game or any part thereof.
    4.2. You shall not manipulate, exploit, or otherwise use discovered vulnerabilities to get around the rules and mechanics of the game, regardless of whether the method uses Potted products, viewer, or second life issues, vulnerabilities, or other inconsistencies.
    4.3. You shall not use the Potted game for any illegal, unauthorized, or otherwise inappropriate purposes.
    4.4. You are prohibited from using the Potted game on any platform other than the Second Life platform. Any attempt to transfer, distribute, or use the Potted game on platforms other than Second Life is a violation of this EULA.

    Prohibited Conduct

    You agree not to:

    (a) duplicate, clone, spoof, or attempt to reproduce any Potted item;
    (b) use, sell, list, or transfer any counterfeit or unregistered Potted item;
    (c) exploit bugs, deprecated content, or security gaps to obtain items;
    (d) use automation, bots, packet injection, or circumvention tools against Potted objects or servers;
    (e) use alternate accounts to disguise prohibited conduct or to evade enforcement.

    Enforcement; Seizure; Market Actions

    We may, in our sole but good-faith discretion, suspend or ban accounts (including linked alts), invalidate or seize counterfeit or fraudulently obtained items, void in-game gains obtained through prohibited conduct, and remove or block listings from Official Potted markets. Grounds may include: inventories inconsistent with server records; use of deprecated legacy bowls; refusal to verify proof of purchase; or patterns consistent with duplication. Decisions are final. We are not obligated to provide refunds for enforcement actions related to prohibited conduct.

    Verification Requests

    We may request reasonable information (e.g., transaction details, vendor name, time of purchase) to verify an item. Failure to provide verification may result in enforcement.

    Graphic Use and Protection

    All graphics, including seed pack images and logos used in the Potted game, are protected under US copyright law, Second Life Terms of Service (TOS), and our End-User License Agreement (EULA). Unauthorized use, reproduction, or distribution of these graphics is strictly prohibited.

    Permissible Actions

    Prohibited Actions

    By adhering to these guidelines, you help support the integrity and creativity of the Potted community.

    Alternate Account Policy

    In Potted, the responsible use of alternate accounts, or Alts, is permitted to enhance your gaming experience. This policy outlines the acceptable and required practices regarding Alts in the game.

    Permitted Uses of Alts

    Prohibited Uses of Alts

    Exceptions

    Alts are permitted to purchase additional quantities in time-limited vendors, given that each Alt meets the necessary subscription level for the vendor.

    Disclosure Requirement

    Players must disclose their alternate accounts upon request by Potted administrators. This transparency is vital for ensuring fairness and compliance with the game’s policies.

    Non-Compliance

    Failure to adhere to this policy, including non-disclosure of Alts when requested, will result in a ban for all related accounts, including the player’s main account. This is to uphold fairness and integrity within the Potted community.

    Policy Agreement

    By engaging with the Potted game, players implicitly agree to abide by this Alternate Account Policy. It is each player’s responsibility to understand and follow these guidelines to ensure a fair and enjoyable experience for all.

    VERSIONING & DEPRECIATION

    We may deprecate vulnerable or outdated items and disable server features for them after a posted grace period. Using deprecated items after the grace period is a breach of this EULA. We may enforce without further notice.

    COMMUNITY CONDUCT AND PROTECTION OF COMPANY

    As a participant in the Potted community, you are required to follow our Community Guidelines, which promote a positive, respectful atmosphere for all players. Infringing behaviors that undermine the reputation or operations of Potted are strictly prohibited. This encompasses, but is not limited to:

    Specific Prohibitions on Griefing and Harassment

    Consequences

    Violations of these guidelines can lead to disciplinary actions, including but not limited to:

    We reserve the right to enforce these rules to maintain Potted as a safe, respectful, and enjoyable environment for everyone. By engaging with Potted, you agree to adhere to these standards and accept the outlined consequences for any non-compliance.

    PARTICIPATION IN COMMUNITY PLATFORMS

    As part of our commitment to fostering a rich and interactive environment, we offer several platforms where players and enthusiasts can connect, share, and enhance their gaming experience. These platforms include:

    Community Guidelines and Conduct

    Participation in Potted’s diverse community platforms – including our Patreon program, Discord channels, and Inworld Groups in Second Life – is a privilege that comes with its own set of responsibilities. To ensure that our community remains a welcoming and safe space for everyone, your participation on these platforms is governed by specific community guidelines, which are an extension of our End User License Agreement (EULA).

    Respect and Inclusivity: We strive to create an environment where all members feel valued and safe. Respectful communication, appreciation for diversity, and inclusivity are the cornerstones of our community interactions.

    Constructive Engagement: We encourage open, constructive discussions. Share your thoughts, feedback, and experiences in a manner that contributes positively to the community.

    Adherence to Rules: Each platform may have its own set of specific rules or etiquettes. Familiarize yourself with these to ensure a harmonious experience for yourself and others.

    No Tolerance for Misconduct: Actions that contradict our community standards, such as harassment, hate speech, or any form of discrimination, are strictly prohibited and will be dealt with promptly.

    Consequences of Non-Compliance

    Failure to adhere to these guidelines is taken seriously. Depending on the severity and nature of the violation, consequences may include temporary suspensions or permanent bans from one or more of the community platforms. Our aim is not only to maintain order but also to cultivate a positive and engaging environment for all our users. As a participant in these platforms, you play a vital role in upholding these values.

    By engaging with our community platforms, you acknowledge and agree to abide by these guidelines, fostering a respectful and enjoyable experience for everyone involved.

    POTTED OFFICIAL MARKETS PROGRAM

    Participants in the Potted Official Markets program are subject to a specific set of rules and guidelines. These rules are integral to the operation and integrity of the markets within the Potted ecosystem. Market participants are responsible for:

    Market Rules

    To ensure fairness, transparency, and the integrity of the Potted Official Markets, participants are required to adhere to the following guidelines. These guidelines apply to any auction advertised in Potted Official Groups, Discord, or social media, any auction featuring Official Potted Market Pots or Market Seeds, and any auction advertised as a Potted Official Auction.

    1. Minimum Pricing: All items listed in the Official Potted Market auctions must have a minimum starting bid of 500L per item on a panel. This is to maintain a standard value for the products and ensure fair competition.
    2. Product Exclusivity: Only Potted products are allowed in the Official Potted Auctions. Mixed breedable auctions, which include products from other games or sources, are permitted to occur, but are not permitted to be advertised on Potted Official Groups, Discord, or Calendars and are not permitted to be a part of Official Potted Market sim programs such as Market Seeds and Market Pot auctions. Mixed breedable auctions cannot be advertised as Potted Official Auctions.
    3. Accuracy of Information: Deliberately providing false information about Potted products or market conditions is not permitted. Accuracy and honesty are crucial for maintaining trust within the community.
    4. Misrepresentation Prohibited: Presenting information as if it is official Potted notices or information when it is not, is strictly forbidden. This includes creating misleading advertisements or announcements.
    5. Respect and Professionalism: Defamation or harassment of Potted, its staff, Customer Service Representatives (CSRs), or players by any market staff members is unacceptable. Professional conduct and respect are expected at all times.

    Non-Compliance

    We reserve the right to update these rules as needed and expect all participants to keep themselves informed of any changes.

    SECONDARY MARKET SALES

    Limitation of Liability

    Potted is not responsible for any perceived gains or losses arising from secondary market transactions. Players engage in trading and selling at their own risk.

    Nature of Transactions

    Transactions between players, such as trades and sales, are not governed by Potted, except where they conflict with rules outlined in this document or other Potted policies.

    Game-First Approach

    Potted is sold and promoted as a game. The focus is on gameplay and community engagement, not on the financial aspects of secondary market transactions.

    By participating in Potted, players acknowledge and agree to these terms, understanding that Potted’s primary purpose is entertainment, and any secondary market activities are ancillary to this main focus.

    COMMUNITY SERVICE REPRESENTATIVES (CSRs) ROLE DEFINITION

    At Virtually Potted, LLC, we value the contributions of our Community Service Representatives (CSRs), who play a vital role in supporting and enhancing the experience of our players in Potted. It is important to understand and respect the nature of their role:

    1. Volunteer Status: CSRs are players who volunteer their time and effort to assist the community. They are not paid staff members of Virtually Potted, LLC, but are invaluable to our game’s community due to their dedication and knowledge.
    2. Responsibilities: CSRs provide assistance with general inquiries, offer guidance to new players, help resolve common issues, and facilitate a positive gaming experience. They act as a bridge between the player community and the official Potted staff.
    3. Limitations: While CSRs are knowledgeable about Potted, they may not have access to all information or the ability to resolve all issues. Complex or sensitive matters should be directed to the official Potted staff via a Support Ticket.
    4. Respect and Courtesy: Players are expected to treat CSRs with respect and courtesy. Harassment, abuse, or mistreatment of CSRs is strictly prohibited and will not be tolerated. Such behavior may result in disciplinary actions, including suspension or termination of your Potted access.
    5. Feedback: Constructive feedback about the CSR’s assistance is welcomed and can be directed to the official Potted staff. This helps us improve the support experience for all players.

    By understanding and respecting the role of our CSRs, players contribute to a supportive and friendly community in Potted. Our CSRs are here to help and make your gaming experience more enjoyable, and we appreciate your cooperation in creating a positive environment for everyone.

    CHARITABLE ACTIVITIES AND AFFILIATIONS

    At Virtually Potted, LLC, we are committed to contributing positively to our community and the wider world. As part of this commitment, we engage in various charitable activities and collaborations. However, it is important to clarify the following points regarding our charitable endeavors:

    1. No Official Affiliation: While we support and collaborate with various charitable organizations, Virtually Potted, LLC is not officially affiliated with any charity. Our support does not imply endorsement by these organizations, nor does it signify any official partnership.
    2. Independent Initiatives: Our charitable activities are initiated and managed independently by Virtually Potted, LLC. We choose our charitable engagements based on our company values and the interests of our community.
    3. Transparency in Contributions: We are committed to transparency in our charitable activities. Details about our contributions, the organizations we support, and the impact of these contributions will be shared with our community through our official communication channels.
    4. Voluntary Participation: Participation in our charitable activities by our community members is entirely voluntary. We appreciate and value any support, but there is no obligation for our users to participate in these initiatives.
    5. Allocation of Funds: We ensure that all funds raised for charitable purposes are directed to the chosen organizations. We will provide clear information about how these funds are allocated and utilized.

    By engaging in charitable activities, we aim to create a positive impact beyond the virtual world of Potted. We welcome the support and involvement of our community in these endeavors, and we are grateful for the opportunity to give back in meaningful ways.

    TERMINATION

    This EULA is effective until terminated. You may terminate this EULA at any time by ceasing all use of the Potted game and deleting all copies in your possession. Virtually Potted, LLC may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, you must cease all use of the Potted game and delete all copies in your possession.

    LIMITATION OF LIABILITY

    ALL SALES HEREIN ARE FINAL. THERE WILL BE NO REFUNDS, CREDITS, OR EXCHANGES, EXCEPT AT THE EXPRESS DISCRETION OF VIRTUALLY POTTED, LLC. IN NO EVENT SHALL VIRTUALLY POTTED, LLC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE POTTED GAME, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE.

    NO WARRANTIES; ALL SALES FINAL

    ALL SALES ARE FINAL TO THE MAXIMUM EXTENT PERMITTED BY LAW; YOUR STATUTORY RIGHTS, IF ANY, ARE NOT AFFECTED. THE POTTED GAME AND ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    GOVERNING LAW

    This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which Virtually Potted, LLC is registered, excluding its conflict of law provisions. Any legal action or proceeding arising under this EULA will be brought exclusively in the courts located in the jurisdiction where Virtually Potted, LLC is registered, and the parties hereby consent to personal jurisdiction and venue therein.

    SEVERABILITY

    If any provision of this EULA is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid, illegal, or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

    ENTIRE AGREEMENT

    This EULA constitutes the entire agreement between you and Virtually Potted, LLC regarding the use of the Potted game and supersedes all prior or contemporaneous understandings, communications, or agreements, written or oral, regarding the subject matter of this EULA.