Terms of Membership

By registering for membership, you agree to the Stratagem Corporation's Terms of Membership Agreement for your involvement in and use of the VZones services (incorporating newHorizone, Dreamscape, the Chat Room and any other virtual worlds or associated services provided by Stratagem Corporation). For any questions relating to these Terms of Membership, please send an email to: support@vzones.com.

1. Rating
newHorizone and Dreamscape are rated PG13. Here is the Motion Picture Association of America, Inc. and the National Association of Theatre Owners official definition:

"PARENTS STRONGLY CAUTIONED
Some material may be inappropriate for children under 13 Signifies that the film rated may be inappropriate for pre-teens. Parents should be especially careful about letting their younger children attend. Rough or persistent violence is absent; sexually-oriented nudity is generally absent; some scenes of drug use may be seen; some use of one of the harsher sexually-derived words may be heard."

2. General
The VZones service is provided by Stratagem Corporation ("Stratagem Corporation" or "we") to you ("Member" or "you"), subject to the terms of this Agreement. Any technical support for VZones that may be provided by Stratagem Corporation is also subject to these Terms of Membership. The Stratagem Corporation Terms of Membership comprise the entire agreement between Stratagem Corporation and you, and supersede any other agreement, written or oral, relating to Stratagem Corporation provided, however, that Stratagem Corporation may revise the Stratagem Corporation Terms of Membership at any time, and such revision will be effective upon the earlier of (i) the date ten (10) days after the revised Stratagem Corporation Terms of Membership are posted here, or (ii) the date you are notified of such change in the Stratagem Corporation Terms of Membership via email or by some other manner. If any such revision is unacceptable to you, you may terminate your Membership. Your continued use of VZones, following notice of any revision the Stratagem Corporation Terms of Membership will be conclusively deemed acceptance of all revised and new Stratagem Corporation Rules. Our virtual worlds change and evolve continuously, so it's important that you periodically check here for updates and new information. You can view the Terms of Service at any time by clicking on the Terms of Service link at the bottom of our vzones.com home page.

3. Registration and Account Information
To use VZones, you must register as a VZones Member, upon which you will be provided an Avatar identity ("Avatar Identity"). You agree to provide Stratagem Corporation with accurate and complete registration information. Correct and current information including billing information, phone number, email address and member name is required. Failure to do so will constitute a breach of this Agreement and constitute unauthorized access to the worlds. Stratagem Corporation reserves the right to cancel any account where incorrect information has been provided. You may not select or use a name of another person for your Avatar Identity name in violation of the rights of any person, or an Avatar Identity name that Stratagem Corporation deems offensive or in any way subject to civil action in a court of law.
Where and when it is made available, there is a limit one trial membership per family. Members may not create multiple accounts in order to harvest tokens. Such multiple accounts will be terminated, and the account holding the accumulated tokens is also subject to termination as determined by VZones staff.

4. Restricted areas
Many areas of our worlds are open to all Members (defined as "Public Areas" or "Free Areas"). There are also certain areas, which are only open to certain Members, and generally by invitation only. These are "Private Areas," or "turfs/apartments," or "backstage areas." Membership in our worlds does not guarantee you access to any Private Areas, as entrance into Private Areas is determined by the Members/entities who sponsor such Private Areas. You acknowledge that some areas of Stratagem Corporation may contain material that is inappropriate for minors. Stratagem Corporation reserves the right to restrict access to certain parts of the VZones service based on a Member's age or any other criteria it deems relevant.

5. Deletion and/or Loss of Avatars, Virtual Possessions and Turfs
Avatars are automatically deleted 90 days from last log in and turfs are deleted 6 weeks after last rental due date. Stratagem Corporation is not liable for or is obligated to replace any lost or stolen virtual possessions whether or not those virtual possessions were lost due to any reason whatsoever. LOST TURFS: If you fail to pay the rent on your Turf (Private apartment), The Turf and all items in the turf will be deleted from the server 6 weeks after the rent is first due. We have no way to restore lost Turfs or items and cannot be held responsible for the loss.

6. Security
Stratagem Corporation has no control, liability or responsibility for any interception and unauthorized use by any third parties of any Internet communications. You are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you're online and DO NOT REVEAL YOUR ACCOUNT ID, PASSWORD OR OTHER PERSONAL INFORMATION TO ANY OTHER MEMBER OR THIRD PARTY. Stratagem Corporation staff will NEVER ask you for your password but may ask you for your account ID. Likewise, Stratagem Corporation staff will NEVER send you any unsolicited emails with attachments, unless you have been communicating privately with our Support group. All software upgrades will ONLY be available from our web sites.

7. Charges
You will be charged for usage of the VZones service in accordance with the current billing procedures and guidelines. Stratagem Corporation will notify you of any changes in the fees in the future, at which time you will have the option to terminate your Membership or pay the amended fees. VZones membership does not cover any telephone access or Internet service charges you may incur in the course of using Stratagem Corporation worlds.
You are responsible for canceling your own account if you no longer wish to be a member of VZones. Canceling your account will end your service at the end of your billing period. You may find links to the Account Manager on the My Account option on the VZones Launcher application. Free trial accounts do not need to be cancelled.

8. Rights and Responsibilities
(a) Conduct and Communication.
You agree to use Stratagem Corporation only for lawful purposes and in accordance with the Stratagem Corporation Terms of Membership Agreement. Stratagem Corporation may elect at its sole discretion to monitor the Public or Private Areas of Stratagem Corporation for compliance with the Stratagem Corporation Rules. You are expected to use common courtesy and conduct yourself in a civil and appropriate manner when communicating with others while using Stratagem Corporation's services. Any conduct that in Stratagem Corporation's sole discretion is inconsistent with the Stratagem Corporation Rules will not be permitted, and will entitle Stratagem Corporation, in its sole discretion and without notice, to limit membership privileges or immediately terminate such Member's membership. Hacking, patches, and denial of service activity are strictly prohibited.
You may not engage in spoofing or otherwise impersonating any persons in the course of using Stratagem Corporation worlds. To "spoof" or "impersonate" means to assume another person's identity in such a manner that, in Stratagem Corporation's sole discretion, a reasonable person does not or would not know that you are not in fact such person, and/or to assume another person's identity in such a manner that, in Stratagem Corporation's sole discretion, is offensive, embarrassing or harmful in any manner to any person or Stratagem Corporation.
In the course of using Stratagem Corporation worlds you may not reveal any other member or non-member's personal information in any form. This includes in text conversation, on a TMA or linked via a URL.
You are entirely liable for all activities conducted in Stratagem Corporation through your Avatar Identity. In cases where you have authorized another individual, including a minor, to use your Avatar Identity you recognize that you are fully responsible for the online conduct of such user.

9. Harassment of another member
The term "harassment" means to repeatedly annoy another person, and as in the real world, constant annoyance often ends in a complaint to a controlling entity. And as in the real world, harassment is difficult to prove, and seldom one sided. Therefore, our determination that harassment has occurred is based on this rule:
-Any member found to have repeatedly used insults and/or bad or abusive language in one interchange (conversation with one other person) can be considered guilty of harassment, PROVIDED the transcript clearly indicates the member whom initiated the harassment, and that a staff member was paged and/or witnessed the interaction. When we receive harassment complaints from a member, we do the following:
a . We ask the member to record any text that proves harassment. They must provide at least three text transcripts, one for each of three separate harassment instances, in order for us to take action. Less will not constitute "harassment".
b . We then talk to the offending member and warn them that this behavior will not be tolerated, and that another instance will result in a 24 hour muting of their avatar or avatars. Two proven complaints will result in cancellation of the member's account and three proven complaints instances will result in a 12 month ban from the Zone to which he or she subscribes.
c. We advise the member claiming harassment to use the "ignore this avatar" function, to avoid further interchange. If the member claiming harassment instigates any conversation in the VZones worlds with the offending member, we are unable to help further, as we then view the harassment as being reciprocal.
d . If the harassment has happened repeatedly in one specific locale, we ask the member claiming harassment to avoid that particular locale. Although this request may seem to limit the rights of the member being harassed, it forces the harasser to either give up or attempt to find the member they have been harassing. This second option provides us with substantial evidence to bring the situation to a close.
e . If a member is proven to have harassed three members or more and has had three separate complaints filed against him or her, he or she will be permanently banned from all VZones worlds.

Other harassment issues.
Placing slanderous or defamatory remarks about another member on a "tell me about" tag is considered to be in violation of these Terms of Service. Any member doing so will be asked to remove it. If the member refuses their avatar will be force ghosted until the TMA is removed. A second occurrence will result in the offending member's avatar being ghosted for 14 days, regardless of whether or not the offending TMA has been removed before the ghosting period is complete. A third instance will result in the banning of the offending member.

10. Content
(a) Our virtual worlds and associated web pages may contain information, communications, software, photos, video, graphics, music, sounds and other material and services (collectively, "Content"). Such Content may be provided under license by independent content providers ("Independent Content Providers") and other VZones Members. Each Member and Independent Content Provider must evaluate and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Stratagem Corporation does not pre-screen Content. Stratagem Corporation has the right, but not the responsibility, to remove Content, which is inconsistent with the Stratagem Corporation Rules.
(b) No Pre-Screening of Communications or Content.
You agree that Stratagem Corporation cannot determine in advance the accuracy, or conformance to the Stratagem Corporation Rules, of communications and Content transmitted on Stratagem Corporation . Stratagem Corporation is not responsible for screening, policing, editing, or monitoring such communications and Content. If notified of communications or Content which are alleged not to conform to the Stratagem Corporation Rules, Stratagem Corporation may determine in good faith and in its sole discretion whether to remove or request the removal of such Content from Stratagem Corporation , or take other action as deemed appropriate by Stratagem Corporation. Stratagem Corporation has no liability to you in respect of its performance or non-performance of such activities.
(c) Responsibility for Content.
Stratagem does not endorse, approve, or prescreen any Content that you or other users communicate on the Service and does not assume any responsibility or liability for Content that is generated by Members in the VZones. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. Stratagem does not assume any liability for any failure to remove, or any delay in removing Content.
(d) Stratagem Corporation and Third Party Rights.
Content may be protected by copyrights, trademarks, and other proprietary rights of Stratagem Corporation and third parties ("Rights"). Your use of Content will be governed by applicable copyright and other intellectual property laws. You agree to transmit on or through Stratagem Corporation only Content that is (i) not subject to any Rights, or (ii) expressly licensed by the holder(s) of such Rights for distribution on Stratagem Corporation worlds. By transmitting Content to any Public Area and/or submitting Content to Stratagem Corporation (including but not limited to the submission of any ideas of how to improve Stratagem Corporation), you hereby grant, and warrant that Stratagem Corporation has the royalty-free, perpetual, irrevocable, non-exclusive worldwide right and license to use, reproduce, adapt, translate, create derivative works from, distribute, transmit, perform and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights in such Content and grant to each Member the further right and license to access, view, store and reproduce the Content for personal use. Furthermore, you agree to abide by the U.S. and other applicable export control laws and not to transfer, any Content, which is subject to such laws without complying with any requisite government authorization.
(e) Advertisement and Third Party Products/Services Advertised In Stratagem Corporation Worlds.
Linking your avatar and/or inworld possessions to web sites.
You may, at our sole discretion, link any website or file to your avatar or inworld possessions, provided the Content on the linked website or file is considered by us to be family oriented, and/or the linked website or file is not owned, operated by any Stratagem competitor or endorses any competitor or competitor's products or services. Competitors include but are not limited to virtual worlds, text chat boards and online simultaneous multi-player games. We reserve the right to remove links that are unacceptable to us for any reason, with or without notice. Repeated offenses may limit a Member's functionality in the VZones and may result in the termination of their account. This determination is in our sole discretion, and is final. Stratagem does not assume any liability for any failure to remove, or any delay in removing links. To the extent Stratagem Corporation authorizes such advertising, Stratagem Corporation does not endorse or guarantee any product or service, and will not be a party to any transaction between you and any third-party provider of such products or services. Furthermore, you acknowledge that by clicking on certain icons located in the VZones of advertisers or other third parties, you may be linked to Internet web sites/locations that are not controlled by Stratagem Corporation. There may be some content on these third party web sites/locations to which you may be linked which may be offensive to some individuals, or which may not be in compliance with legal requirements and other rules, including these Terms of Membership. Stratagem Corporation assumes no responsibility for and does not endorse the content contained on any such web sites/locations. (PLEASE NOTE THAT THE "TOKENS" AND ANY OTHER "PLAY CURRENCIES" OFFERED THROUGH STRATAGEM CORPORATION HAVE NO REDEEMABLE VALUE, AND MAY NOT BE USED TO PURCHASE ANY "REAL" PRODUCTS OR SERVICES ADVERTISED THROUGH STRATAGEM CORPORATION WORLDS.)

11. Privacy Policy (Also see Privacy Policy expanded details later on this page)
Whereas your personal information will never be provided to any third party by Stratagem Corporation for commercial purposes without your permission, Stratagem Corporation retains the right to make exceptions and release your Member Identity Information in appropriate circumstances, as determined in Stratagem Corporation's sole discretion, such as: (a) to comply with law or legal process, (b) to protect the rights or property of Stratagem Corporation and others, (c) when a person's physical safety may be at risk, or (d) in connection with investigations regarding activities which break any laws. Please also note that because your access to a Stratagem Corporation World is via the Internet, any of your communications, intended to be private or otherwise (including submission of your password), as you send them over the Internet to a Stratagem Corporation virtual world may be intercepted by others. Stratagem Corporation has no control, liability or responsibility for any interception and unauthorized use by any third parties of any such communications.

12. Stratagem Corporation Software
You may access Stratagem Corporation only by using the VZones Software, which is available at no charge for downloading at http://www.vzones.com/download.htm. The VZones Software is subject to the license agreement located at http://www.vzones.com/softwarelicense.htm, and may only be used for connecting to Stratagem Corporation worlds and in accordance with the license terms. Any software that you develop or obtain from an independent entity that operates with or on Stratagem Corporation Software or the VZones Software is referred to as "Ancillary Software." Stratagem Corporation does not warrant that any future changes to, or new releases of, VZones Software will not impact your ability to use any such Ancillary Software with VZones Software. Stratagem Corporation has no responsibility to provide new releases or make changes to its software or service to make any such Ancillary Software operate properly.

13. NO WARRANTY.
STRATAGEM CORPORATION SOFTWARE AND THE VZONES SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, UNLESS AND EXCEPT TO THE EXTENT SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE FOREGOING, STRATAGEM CORPORATION DOES NOT WARRANT THAT ACCESS TO STRATAGEM CORPORATION WILL BE AVAILABLE AT ALL TIMES OR AT ANY PARTICULAR TIMES. YOU EXPRESSLY AGREE THAT YOUR USE OF AND PARTICIPATION IN STRATAGEM CORPORATION AND USE OF THE VZONES SOFTWARE ARE AT YOUR SOLE RISK. 7. LIMITATION OF LIABILITY. STRATAGEM CORPORATION'S LIABILITY TO YOU FOR ANY BREACH OF THIS AGREEMENT, OR ANY ACTION OR INACTION OTHERWISE RELATING TO THIS AGREEMENT AND STRATAGEM CORPORATION, IS LIMITED SOLELY TO THE AMOUNT PAID BY YOU TO STRATAGEM CORPORATION DURING THE PAST 12 MONTHS TO ACCESS AND USE STRATAGEM CORPORATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, SHALL STRATAGEM CORPORATION BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF STRATAGEM CORPORATION SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. STRATAGEM CORPORATION'S LIABILITY IN SUCH JURISDICTIONS IS LIMITED TO THE EXTENT PERMITTED BY LAW.

14. Indemnification
You agree to defend, indemnify and hold harmless Stratagem Corporation, its directors, employees, affiliated companies, licensors, licensees, suppliers and Independent Content Providers from all liabilities, claims and expenses, including reasonable attorneys' fees, arising from or relating to (i) breach of any law or the Stratagem Corporation Rules, or infringement of any intellectual property or other rights, by use of, or in connection with, the your conduct in Stratagem Corporation worlds, (ii) the harassment or defamation of any other Member, person or entity by you or your Avatar Identity, or (iii) any other misconduct committed by you or your Avatar Identity. Stratagem Corporation reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder.

15. Restriction of Access/Limiting Privileges and Termination
Stratagem Corporation retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to restrict your access to the VZones and its associated forums/or limit your Stratagem Corporation membership privileges. Furthermore, either you or Stratagem Corporation may terminate your membership in Stratagem Corporation at any time without liability. Your only right with respect to any dissatisfaction with any (i) Stratagem Corporation Terms of Membership, or practice of Stratagem Corporation in operating Stratagem Corporation worlds, (ii) Content available through Stratagem Corporation, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your Membership by discontinuing use of your account. The termination of your account will be effective 60 days after your last use of Stratagem Corporation. In the event that your account is terminated or canceled, no refund of any fees will be granted.

16. Law and Arbitration
Should any part of the Stratagem Corporation Terms of Membership be held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. The Stratagem Corporation Terms of Membership will be governed by the laws of California, excluding its conflicts of law rules. Any dispute or claim arising out of or related to this Agreement shall be settled by binding arbitration in San Jose, California, in accordance with the Commercial Rules of the American Arbitration Association. Any such matter shall be submitted to arbitration within twelve (12) months after the dispute or claim arises, and the failure to institute arbitration proceedings within such period shall constitute an absolute bar to the institution of any proceedings and a waiver of all such claims. Judgment as to any award or determination made in such arbitration may be enforced in any court of competent jurisdiction, and you and Stratagem Corporation each submit to the exclusive jurisdiction of the courts of California. Dreamscape, newHorizone and the VZones logos are trademarks of Stratagem Corporation, Inc. All other trademarks appearing in Stratagem Corporation virtual worlds are trademarks of their respective owners. Under California Civil Code Section 1789.3, California Members are entitled to the following specific consumer rights information: In the event of any consumer complaint regarding the Stratagem Corporation service, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501 Sacramento, CA 95814 or by telephone at 1-916-445-1254.