Privacy Policy

Thank you for registering with GnomiVerse, LLC (“GnomiVerse”). GnomiVerse  improves your online experience by offering you access to a variety of features, offerings and content. When you register with GnomiVerse, you provide GnomiVerse with personally identifiable information (“your GnomiVerse information”). This Policy explains the information practices that apply to your GnomiVerse information, as well as the choices you can make about the way your GnomiVerse information is used by GnomiVerse.

In order to access your third party accounts, you must enter your applicable user names and passwords into the Gnomi Chat Client. Passwords are only stored on our servers in an encrypted form utilizing both 1024-bit RSA key and MD5 hash technologies. Both the passwords themselves and the database in which they are stored are secured in this manner. Neither GnomiVerse employees nor our systems have access to your passwords in clear-text. GnomiVerse also offers the ability to access to our servers utilizing a secure SSL connection via the Gnomi Chat Client. You also have the option to not store your usernames and passwords in the Gnomi Chat Client, in which case they will not be stored on our servers.

Click here to read our full Privacy Policy.

Terms of Service

ACCEPTANCE OF TERMS OF USE
Welcome to GnomiVerse, Inc (“GnomiVerse”). These Terms of Use govern your use of GnomiVerse websites, content, software and services (collectively, “GnomiVerse Services”). This is a legal agreement between you and GnomiVerse with respect to your access and use of GnomiVerse Services. YOUR AFFIMATIVE ACT OF USING GNOMIVERSE SERVICES SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE GNOMIVERSE PRIVACY POLICY, AND YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH GNOMIVERSE ELECTRONICALLY. IF YOU DO NOT AGREE, DO NOT USE GNOMIVERSE SERVICES.

Please note that GnomiVerse Services are not for use by children less than 13 years of age. If it comes to GnomiVerse’s attention through reliable means that a registered user is a child under 13 years of age, GnomiVerse will cancel that user's account.

MODIFICATION OF THESE TERMS OF USE
GnomiVerse may change the Terms of Use at any time and such changes shall be effective immediately. You are responsible for regularly reviewing GnomiVerse’s  Terms of Use. The most recent version of the Terms of Use can be found by clicking on the Terms of Use link located on the GnomiVerse homepage. Your continued use of GnomiVerse Services after we post changes to these Terms of Use affirms your agreement to the new terms.

ADDITIONAL TERMS
Additional operating guidelines ("Guidelines") may be posted from time to time on a particular Gnomiverse Service that will also apply to use of such Service, and such Guidelines are incorporated by reference into the these Terms of Use. GnomiVerse may also offer certain Services that are governed by different terms of use, and such different terms of use will be posted and govern the use of such Service. GnomiVerse does not support authorized third-party software that uses the Service.

PRIVACY POLICY
The GnomiVerse Privacy Policy explains the practices that apply to your information when you use GnomiVerse services. Your ongoing use of GnomiVerse Services signifies your consent to the information practices disclosed in the GnomiVerse Privacy Policy. You can review the Privacy Policy by clicking on the Privacy Policy link located on the GnomiVerse homepage.

CHANGES TO GNOMIVERSE
GnomiVerse may discontinue or change any service or feature with any GnomiVerse Service at any time and without notice.

ACCESS COSTS
You must provide at your own expense the equipment and Internet connections that you will need to access and use GnomiVerse Services. This includes, but is not limited to, all long distance toll charges, wireless service provider fees, fees for messaging, alerts, web browsing, or other services that require access to any network. Check with your phone, Internet and cell phone provider to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur with access GnomiVerse Services through any wireless or other communication service.
 
NO UNLAWFUL OR PROHIBITED USE
You may use GnomiVerse Services, offerings and content for lawful purposes only. You may not submit or transmit through GnomiVerse services any material or otherwise engage in any conduct that (1) enter user details of another person with the intention of impersonating that person (2) enter details, information or materials in violation of the intellectual property rights of any person, (3) enter details, information or materials that GnomiVerse considers to be offensive, (4) send unsolicited bulk e-mail, junk e-mail or unsolicited bulk instant messages, (5) violates these Terms of Use, guidelines or any policy posted on GnomiVerse’s website, or (6) interferes with GnomiVerse users in any way.

You may not post on or transmit through the GnomiVerse Services any material that (1) violates or infringes in any way upon the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, harassing, libelous, vulgar, obscene, profane, indecent, contains explicit or graphic descriptions, or accounts of, sexual acts, or is otherwise objectionable, (3) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (4) gives rise to civil liability, (5) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, (6) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer network, or (7) otherwise violates any law. You also may not undertake any conduct that, in GnomiVerse's judgment, restricts or inhibits any other user from using or enjoying the GnomiVerse Services. You agree to indemnify GnomiVerse, its officers, agents, employees and directors for any damages incurred as a result of a violation of this section.

You may not use GnomiVerse Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use of GnomiVerse Services. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. GnomiVerse reserves the right at all times to (A) ensure your compliance with this Agreement; (B) satisfy any applicable law, regulation or legal process; or (C) protect the rights, property, and interests of GnomiVerse, its employees, users or the public.

INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
GnomiVerse, our suppliers, and our users who lawfully post text, messages, information, software, images, audio, and video (collectively, “Content”) by usage of GnomiVerse Services own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. This includes look and feel of color combinations, button shapes, and other graphical elements displayed within all GnomiVerse Service offerings. “GnomiVerse” and “Gnomi” are registered trademarks of GnomiVerse, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders, including but not limited to, the following:

  • “AIM” and the running man logo are registered trademarks of America Online, Inc.
  • “Google Talk” is a registered trademark of Google Inc.
  • “ICQ” is a registered mark of ICQ, Inc.
  • “JABBER®” is a registered trademark, and its use is granted under a sublicense from the Jabber Software Foundation
  • “MSN” and the butterfly logo are registered trademarks of Microsoft Corporation.
  • “Second Life®”, “Linden Lab®” and the hand logo are registered trademarks of Linden Research, Inc.
  • “Yahoo!” and “Yahoo! Messenger” are registered trademarks of Yahoo, Inc.

You may use Content offered within GnomiVerse Services only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan or otherwise distribute the Content without GnomiVerse’s prior written consent.  You may not circumvent any mechanisms included in the Content for preventing unauthorized reproduction or distribution of the Content.

Certain GnomiVerse Services may allow you to post Congtent that can be accessed and viewed by others. You may only post Content to public areas within GnomiVerse Services that you created or that you have permission to post. You may not post Content that violates these Terms of Use. We do not claim ownership of any content you post. However, by submitting Content to public areas within GnomiVerse Services, you grant us, our affiliates, and distributors the right to use, copy, display, perform, distribute, adapt, and promote this Content in any medium.

GNOMIVERSE SERVICES ARE NOT AFFILIATED WITH NOR ENDORSED BY:
America Online, Inc., Google Inc., ICQ, Inc., Jabber Software Foundation, Microsoft Corporation, Linden Research, Inc. or Yahoo, Inc.

 

NO DUTY TO MONITOR
You agree that GnomiVerse is not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

NO SPAM
You may not use GnomiVerse Services to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending unsolicited bulk communications. You may not induce or allow others to use GnomiVerse Services to violate the terms of this section. We may terminate your access or use of GnomiVerse Services and take legal action if you, or anyone using your access to GnomiVerse Services, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer communications networks.

You may choose to disclose information about yourself in our online chat rooms or in creating user “profiles”. Information that you disclose in chat rooms or in “profile” information is public information, and there is no expectation of privacy or confidentiality in either place.

Always use care when giving out any personal information about yourself or others including your children in the Service. GnomiVerse does not control or endorse the content, messages or information exchanged by means of the Service and, therefore, GnomiVerse specifically disclaims any liability with regard to the Service and any actions resulting from your participation in the Service.

You are responsible for all activities that occur in your Service account. You agree to notify GnomiVerse immediately of any unauthorized use of your account or breach in security known to you related to the Service.

THIRD PARTY WEB SITES AND CONTENT
GnomiVerse Services and website may contain links to third-party sites that are not under the control of GnomiVerse. Some of these sites may contain materials that are objectionable, unlawful or inaccurate. GnomiVerse is not responsible or liable for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that GnomiVerse endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through the Websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. GnomiVerse is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Websites.

In addition, links to advertising that has not been approved by GnomiVerse may be embedded in third party content displayed on the Websites. GnomiVerse is not responsible for any content, cookies, or other technology used in connection with such advertising.

USE OF SOFTWARE
GnomiVerse Services may make software available for you to download and use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no such agreement presented to you with the software, then the following license, in addition to these Terms of Use, govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties, and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

GnomiVerse may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged or cease to operate.

The software is a “commercial item”, at that termi s defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation”, as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R 27.405(b)(2)(June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.

You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer, and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), withouth proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.

NO WARRANTIES; LIABILITY DISCLAIMER; EXCLUSIVE REMEDY
GNOMIVERSE PROVIDES THE SERVICE AND THE SOFTWARE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. GNOMIVERSE, ITS AFFILIATES, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE " GNOMIVERSE PARTIES") MAKE NO WARRANTIES. THE GNOMIVERSE PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, RELIABLE OR AVAILABLE AT ALL TIMES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. GNOMIVERSE MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.

LIMITATION OF LIABILITY
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN NO EVENT SHALL GNOMIVERSE, OUR AFFILIATES AND OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON GNOMIVERSE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOSS OF USE, DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISEOR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless GnomiVerse, our affiliates, and suppliers, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misues of GnomiVerse Services. GnomiVerse reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

INTERNATIONAL USE
GnomiVerse makes no representation that Content in any GnomiVerse Service is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal or prohibited. If you choose to access GnomiVerse Services from a location outside of the United States, you do so on your own initiative and ou are responsible for compliance with local laws.

TERMINATION/ACCESS RESTRICTION
Your right to use GnomiVerse Services automatically terminates if you violate these Terms of Use or any rules or guidelines posted on the GnomiVerse website. GnomiVerse reserves the right, in its sole discretion, to terminate your access to and use of the Service or any portion thereof at any time, without notice. GnomiVerse may terminate or suspend your access to the Service for inactivity, which is defined as failing to log onto the Service for an extended period of time, as determined by GnomiVerse at our sole discretion.

DISPUTE RESOLUTION
You agree that the laws of the State of Florida govern this contract and any claim or dispute that you may have against us will be resolved by a court located in the State of Florida and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY
This contract and any supplemental terms,policies, rules and guidelines posted on GnomiVerse’s website constitute the entire agreement between you and GnomiVerse and supercede any previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.