Terms of Service and Use Policies

1. Acceptance of Terms

These terms are an agreement between you and SimulArk for use of the portal, viewer login, regions, inventory, groups, economy, scripts, assets, Hypergrid access, and any other service associated with the grid. If you do not agree, you must not create an account, log in, teleport to SimulArk, or use SimulArk services.

SimulArk is operated by Cristiano Miguel Dos Santos Alexandre. The legal contact address is admin@simulark.xyz, and the stated operating address is Massachusetts, USA.

The English version is the primary and controlling version of these terms. Translations are provided for accessibility. If there is any conflict or ambiguity between translations, the English version prevails to the maximum extent permitted by law.

These Terms work together with the SimulArk Privacy Policy, Intellectual Property / DMCA Policy, and Community Standards. The Terms summarize the core legal and operational rules; the separate policies provide more detail and are incorporated by reference into this agreement.

Access to SimulArk is voluntary and conditional. Nobody is specially invited, entitled, or guaranteed to enter or use SimulArk services. Access is available only to people who accept and continue to respect these terms.

Hypergrid visitors may be required to accept these terms before entering. When policies materially change, SimulArk may require a new acceptance before allowing further login or teleport access.

2. Accounts and Identity

• SimulArk is intended for users who are at least 18 years old, or older if local law requires a higher age.
• SimulArk is not directed to children and does not knowingly allow minors to register or use the services. If we discover that a minor created an account or provided data, the account may be suspended or deleted and related personal data may be removed according to these terms and applicable law.
• You are responsible for protecting your password, email, viewer, computer, and account.
• You may not use another person's account without permission, create accounts to evade bans, or impersonate staff, support, administrators, brands, creators, or other avatars.
• We may refuse names that are offensive, deceptive, illegal, confusing, or that imitate SimulArk administrative/support accounts.
• Administrative and support accounts may have their own visual identification. Trying to imitate that identification is prohibited.

3. Hypergrid and External Grids

Hypergrid allows movement between independent OpenSimulator grids, but it also increases technical, security, privacy, and intellectual property risks. External grids are not operated or controlled by SimulArk and may have different rules, privacy practices, logging systems, permissions, moderation, asset handling, availability, security standards, and legal obligations.

External grids may be insecure, may record data about you, may expose you to malicious content, may behave differently from SimulArk, may affect inventory or asset behavior, and may cause failed teleports, broken links, permission confusion, or loss of content. You use Hypergrid and third-party grids at your own risk.

When you enter SimulArk from another grid, technical data needed for teleport, identity, presence, and security may be received and logged. When you leave SimulArk for another grid, normal OpenSimulator technical information may be transmitted to the destination grid, and that destination grid's policies may apply.

4. Content and Intellectual Property

You keep the rights you already own in content you create. By uploading, importing, rezzing, selling, distributing, or storing content in SimulArk, you represent that you have all rights, licenses, consents, and permissions required for that use.

You grant SimulArk a limited technical and operational license to host, store, internally copy, transmit, render, back up, restore, review for support, moderate, and make your content available only as needed to operate, protect, maintain, and improve the grid. This does not transfer ownership of your content to SimulArk.

• Copybot, stolen content, piracy, improper cloning, and license violations are prohibited.
• Viewer permissions such as Copy/Modify/Transfer do not by themselves prove that you have a legal right to import, sell, export, or redistribute an item.
• Modified viewers, scripts, bots, IAR/OAR files, Hypergrid transfers, backups, or false permissions may not be used to bypass legal rights, creator permissions, or original licenses.
• You are fully responsible for all content you upload, import, store, sell, distribute, rez, transfer, export, or bring into SimulArk.
• Brands, logos, characters, celebrities, recognizable products, textures, scripts, meshes, animations, sounds, and protected names may only be used with proper rights or authorization.
• Items brought by IAR, OAR, Hypergrid, marketplace purchases, freebies, backups, scripts, bots, or external tools remain subject to their original copyrights and licenses.
• You should keep proof of purchase, license, authorship, or permission when selling, distributing, or importing sensitive content.

5. Intellectual Property Reports

SimulArk may receive and review reports involving copyright, trademarks, trade dress, image rights, privacy, or other intellectual property issues. Reports should be sent to admin@simulark.xyz or through an official channel indicated in the portal.

It is impossible for SimulArk to proactively analyze and verify the legitimacy of every asset uploaded, imported, carried in inventories, restored from backups, or arriving through Hypergrid. SimulArk does not pre-clear or certify the legality of all assets entering the grid. We review legitimacy when a report is submitted, when a risk is detected, or during an investigation already in progress.

For copyright complaints, SimulArk may use a DMCA-style notice-and-takedown process to the extent applicable. A notice should identify the copyrighted work, identify the allegedly infringing material, provide contact information, include a good-faith statement, include a statement of accuracy and authority to act, and include a physical or electronic signature. SimulArk may request additional information before acting where a report is incomplete or unclear.

To help locate and evaluate a report, include:

• identification of the reporter and a contact method;
• a description of the work, trademark, product, image, script, asset, or right allegedly infringed;
• precise location in SimulArk, such as region, coordinates, object name, seller name, URL, or asset identifier if known;
• a good-faith statement that the use was not authorized by the owner, representative, or applicable law;
• a statement that the information is accurate and that the reporter is the owner or authorized to act for the owner.

SimulArk may remove, block, replace, preserve as evidence, suspend sales, or restrict reported content while reviewing the case. The affected person may provide an explanation or counter-notice with evidence of authorship, license, or authorization.

Users who repeatedly infringe intellectual property rights, abuse takedown processes, submit false reports, or repeatedly import content without proof of rights may have content removed, selling privileges restricted, Hypergrid access blocked, or accounts suspended or terminated.

6. Community and Conduct

• Harassment, threats, doxxing, disclosure of personal data, stalking, blackmail, hate speech, sexual abuse, fraud, spam, phishing, malware, extortion, and attacks are not allowed.
• You may not publish private conversations, personal information, real identity, alternate accounts, or another user's data without consent, except where necessary to report abuse to staff.
• Griefing, repetitive sounds, objects that push or trap avatars, aggressive scripts, visual spam, region attacks, resource abuse, or attempts to stop others from using the grid are prohibited.
• Personal conflicts, private agreements, relationships, drama, and resident-to-resident transactions are the responsibility of the people involved unless they violate these terms, the law, or grid security.

7. Adult Content and Safety

Adult content, when allowed, must remain only in appropriate regions, parcels, or events with suitable access controls and signaling. Sexual content involving real, apparent, represented, simulated, or suggested minors is prohibited. Any content, conduct, or roleplay that may place people at risk, violate the law, or associate SimulArk with criminal activity may result in immediate removal or ban.

8. Scripts, Objects, and Automation

LSL scripts, external systems, bots, vendors, HUDs, attachments, APIs, Python, SLUA, or any other automation must respect SimulArk security, privacy, performance, and technical limits.

• You may not use scripts or tools to steal data, bypass permissions, exploit bugs, attack services, mine resources, spam, stalk users, or copy content without rights.
• Objects that overload regions, the asset service, money server, database, network, viewers, or other residents may be returned, disabled, or removed.
• SimulArk may limit, pause, inspect, or remove scripts and objects when needed for security, stability, or abuse investigation.

9. God Mode and Administration

God Mode, administrative tools, elevated permissions, console access, database access, backups, support access, and grid powers are reserved exclusively for authorized SimulArk staff. Trying to obtain, simulate, sell, promise, use, or abuse those powers without authorization is prohibited.

Staff may access technical information, objects, regions, logs, or accounts only when needed for operation, support, security, audit, legal compliance, or enforcement of these terms.

10. Economy and Virtual Items

SimulArk Coin, balances, virtual items, land, objects, services, sales, and digital benefits exist only inside the SimulArk environment unless an official notice says otherwise. They are not legal tender, bank deposits, investments, securities, financial assets, banking products, stored value accounts, or guarantees of real-world value.

• Resident-to-resident transactions are made at the parties' own risk.
• Paid services, private regions, rentals, setup fees, renewals, custom work, and any future purchase or sale of virtual currency, including any future Jojo currency system, are digital services subject to the specific terms announced at the time of purchase.
• Virtual currency is a limited, revocable, in-world license and not stored value, electronic money, a deposit, a financial product, a security, a right to profit, a right to appreciation, or a right to cash-out unless SimulArk expressly publishes an official cash-out program in writing.
• SimulArk does not promise appreciation, convertibility, liquidity, profit, resale value, withdrawal, redemption, or exchange into fiat currency, cryptocurrency, goods, or services outside the official SimulArk environment.
• SimulArk may apply anti-fraud, AML/KYC-style checks, transaction limits, account reviews, payment holds, refund controls, source-of-funds questions, or identity verification if required for legal compliance, payment processing, security, or risk management.
• Nothing in the economy is intended to make SimulArk a bank, financial institution, securities issuer, investment platform, money transmitter, or money services business. If a future feature creates regulatory duties, SimulArk may delay, restrict, refuse, suspend, or redesign that feature.
• Private region payments may be suspended, cancelled, migrated, or refused for non-payment, chargeback, abuse, technical risk, policy violation, or infrastructure needs.
• SimulArk may investigate fraud, chargebacks, bug exploitation, laundering, vendor abuse, improper duplication, or balance manipulation.
• Refunds, compensation, or restoration are not guaranteed, especially where a third-party failure, user error, rule violation, or loss outside SimulArk's reasonable control is involved.

11. Technical Data and Privacy

To operate and protect the grid, we may collect and log data such as avatar name, UUID, account email, account status, password hashes, login history, IP address received by the server, dates, viewer, viewer channel, origin grid, home URI, acceptance tokens, technical logs, inventory data, groups, transactions, visited regions, errors, abuse reports, and information needed for support.

The data controller/operator is Cristiano Miguel Dos Santos Alexandre, operating SimulArk from Massachusetts, USA. Data is processed for account administration, performance of the service, security, fraud prevention, intellectual property protection, legal compliance, support, backups, and legitimate operational interests of the grid.

Identifiers such as Mac/Id0, when sent by the viewer or received by Robust, are stored in the access table as irreversible cryptographic hashes, not as clear text. These hashes help detect repeat abuse, related accounts, ban evasion, and technical abuse without storing the raw identifier in that table.

OpenSimulator and Hypergrid may require certain technical data to be transmitted between services, regions, and grids to enable login, teleport, presence, inventory, appearance, groups, messages, assets, and security.

Data may be processed in the United States and by technical providers needed to operate the service. We use reasonable technical and administrative measures, but no online service can guarantee perfect security.

12. Use and Sharing of Data

Data is used to:

• create and administer accounts, logins, teleports, inventory, groups, economy, and support;
• protect the grid against bots, copybot, fraud, abuse, attacks, ban evasion, and security incidents;
• investigate reports, comply with legal obligations, and enforce these terms;
• maintain backups, diagnose errors, improve stability, and restore services where possible.

SimulArk does not sell personal data and does not provide it for marketing. Data may be shared only when needed with technical providers who help operate the grid, when you request or authorize it, when required by law, valid order, or competent authority, or when necessary to protect SimulArk, other users, or third parties against abuse or crime.

13. Data Rights and Account Deletion

You may request access, correction, or deletion of personal data associated with your account through admin@simulark.xyz. SimulArk will handle reasonable requests where technically possible and legally appropriate.

If you stop agreeing with these terms or with a future update, you are free to stop using SimulArk and request deletion of your account. Once the account is deleted, the active operational relationship between you and SimulArk will be removed as far as technically and legally possible.

Personal data tied to an avatar account is kept while that account remains active. After account deletion, active account data will be deleted or anonymized within up to 90 days, except where longer retention is necessary for security, fraud prevention, abuse investigations, legal obligations, backups, chargebacks, dispute records, or protection of SimulArk and other users.

Some data may be preserved where necessary for security, investigations, bans, audit, legal defense, legal obligations, backups, technical integrity, or abuse prevention. Backups may not be altered immediately, but removed data should not be restored into active use except for technical, legal, or security necessity.

14. Moderation and Enforcement

SimulArk may issue warnings, return objects, remove content, block sales, suspend accounts, restrict Hypergrid access, ban by avatar, ban by origin grid, ban by IP, ban by technical hash, freeze accounts, preserve evidence, or terminate accounts.

Any affected person may appeal or request review of a SimulArk decision by contacting admin@simulark.xyz with the avatar name, UUID when known, date, action challenged, and relevant evidence. SimulArk may keep urgent or protective measures active while reviewing the appeal and may reject abusive, repetitive, bad-faith, or unsupported appeals.

Because access is voluntary and conditional, accepting these terms while intending to bypass them, later deny their applicability after using the services, or undermine SimulArk's authority to govern its own grid may be treated as evidence of bad faith and as an attempt to harm SimulArk, its residents, or its infrastructure.

In urgent, severe, or technically dangerous situations, administration may act without prior notice. Where reasonable, SimulArk will try to review context and evidence before applying permanent measures.

15. Availability, Backups, Liability, and Force Majeure

SimulArk runs on OpenSimulator, an open-source virtual world platform that is experimental by nature and depends on viewer software, databases, asset systems, simulator processes, scripts, network services, VPS providers, and third-party components. OpenSimulator and related components may fail, restart, lose connection, corrupt data, contain unpredictable bugs, behave differently between viewers, or become temporarily unavailable.

The service is provided "as is" and "as available." To the maximum extent permitted by law, SimulArk disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, availability, compatibility, data integrity, performance, and uninterrupted operation.

No user has a guaranteed right to the permanent existence, maintenance, recovery, value, or availability of any account, region, inventory, asset, object, script, group, profile, virtual currency, economy, infrastructure, feature, service, or access path. The virtual environment may be changed, migrated, restarted, reorganized, suspended, restructured, or discontinued at any time for technical, operational, legal, administrative, security, financial, or infrastructure reasons.

You should not rely on SimulArk as a guaranteed source of income, commercial continuity, permanent business presence, asset preservation, investment return, or uninterrupted access. Commercial activities inside SimulArk are permitted only at your own risk and without expectation that the grid, economy, traffic, assets, scripts, or regions will remain unchanged.

Backups are an operational protection measure, not an individual restoration guarantee. Backups may fail, be incomplete, be corrupted, be overwritten, be technically unsafe to restore, or be incompatible with the current service state. Corruption of data, hardware failures, VPS failures, software defects, storage failures, network failures, human error, malicious activity, or OpenSimulator defects may prevent full or partial recovery.

When restoration is possible and safe, administration will decide case by case based on technical integrity, security, legal duties, operational impact, and administrative judgment.

To the maximum extent permitted by law, SimulArk, its operator, staff, contractors, and service providers are not liable for indirect, incidental, consequential, special, punitive, exemplary, or lost-profit damages, including loss of content, inventory, regions, virtual currency, business opportunities, reputation, access, or data.

Where liability cannot be excluded, the total aggregate liability of SimulArk and its operator is limited to the amount you paid directly to SimulArk for the affected service during the three months before the claim, or USD 50 if you paid nothing for that service, unless mandatory law requires a different limit.

SimulArk is not responsible for delay, failure, loss, or interruption caused by events outside reasonable control, including datacenter outages, VPS/provider failures, DDoS or cyberattacks, power or network failures, war, civil unrest, natural disasters, labor disputes, legal orders, payment processor actions, third-party software bugs, viewer failures, or OpenSimulator defects.

16. Private Regions and Infrastructure

Private regions may be allocated on VPS infrastructure and may be moved, consolidated, separated, restarted, migrated, resized, or reassigned without prior notice when needed for security, stability, maintenance, cost control, performance, provider changes, or operational planning. The number of regions hosted on each VPS may depend on internal technical calculations, including expected load, scripts, users, memory, CPU, storage, network, and stability. These allocation decisions are operational decisions of SimulArk.

SimulArk's own core servers are intended to keep the grid structure, central services, and SimulArk-owned regions. Private region infrastructure may be separated when needed for stability, security, performance, or administration.

Unless a separate written agreement says otherwise, private regions do not include a guaranteed SLA, dedicated hardware, permanent hardware allocation, exclusive VPS, fixed VPS location, fixed provider, or guaranteed migration/restoration schedule. Region owners are responsible for complying with these terms and for keeping lawful rights to content placed in their regions.

17. Indemnification

You agree to defend, indemnify, and hold harmless SimulArk, its operator, staff, contractors, service providers, and affiliates from claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney fees, arising from your content, scripts, conduct, transactions, region, account, violation of these terms, violation of law, fraud, abuse, or infringement of intellectual property or privacy rights.

18. Governing Law, Venue, and Legal Terms

These terms are governed by the laws of the Commonwealth of Massachusetts, USA, and applicable United States federal law, without regard to conflict-of-law rules, unless mandatory consumer or privacy law requires otherwise.

To the maximum extent permitted by law, disputes relating to SimulArk or these terms must be brought in the state or federal courts located in Massachusetts, USA, and you consent to personal jurisdiction and venue there.

Before filing a formal claim, the parties agree to make a reasonable good-faith attempt to resolve the dispute informally by contacting admin@simulark.xyz and allowing up to 30 days for review, unless urgent injunctive relief, intellectual property protection, account security, abuse prevention, or a legal order requires faster action.

To the extent permitted by applicable law and where enforceable, disputes must be resolved on an individual basis and not as part of a class, collective, consolidated, private attorney general, or representative action. Where a valid arbitration agreement is enforceable under applicable law, disputes may be resolved by binding individual arbitration instead of court litigation, except that either party may seek court relief for intellectual property, security, abuse, unauthorized access, or injunctive matters. Nothing in this section limits non-waivable rights provided by mandatory law.

If any provision is found invalid or unenforceable, the remaining provisions remain in effect. Failure by SimulArk to enforce any provision is not a waiver. These terms, together with policies published by SimulArk, form the entire agreement for use of the services unless a separate written agreement signed by SimulArk applies.

19. Changes to These Terms

These terms may be updated to reflect new policies, features, risks, tools, legal requirements, or technical changes. The version and date at the top of this page identify the published policy. Material changes may require new acceptance in the portal, login, or Hypergrid access page.

20. Contact

For questions, reports, data requests, intellectual property, security, or support related to these terms, contact SimulArk administration at admin@simulark.xyz or through the official channel indicated in the portal.