C&F Estates Resident Covenant
1 Purpose
This covenant is an agreement between C&F Estates and its Residents. It serves as a guideline for the relationship between C&F Estates and Residents and as a guideline for Resident land usage. Version 3 takes the place of all prior versions. Residents who own land under previous versions will be placed in a Grandfathered state.
2 Billing
2.1 Rental Deposits
This section applies to parcels sold in regions with "Purchased land may not be resold." in on the in world covenant tab.
Parcel purchase represents the payment of a non-refundable deposit on the parcel. This deposit grants the purchaser an exclusive option on the parcel for 24 hours. Purchasers who fail to pay tier fees within 24 hours will forfeit both the deposit and the land.
Upon exercising this option by the payment of Tier Fees as described in the next section the deposit will be placed in reserve. Residents who pay for their parcel for atleast three full months will have their deposit returned on departure if they notify C&F Estates of their departure no later than 12pm PST on the last day before tier is due.
2.2 Parcel Purchases
This section applies to parcels sold in regions with "Purchased land may be resold." in on the in world covenant tab.
Parcel purchase represents the payment of a non-refundable purchase of usage rights. These rights grant the transferable right to use the parcel as long as the rights holder makes tier payments when due and the region is maintained by C&F Estates. The first tier payment is due immediately as described in section 2.3. Parcels with tier fees 24 hours past due will be reclaimed with no refund. Purchased land may not be resold until tier fees are paid C&F Estates reserves the right to reclaim land to prevent such a sale or if the land is sold ban that Resident or immediately repossess future purchases until the full balance due is recovered.
2.3 Tier Fees
Residents of C&F Estates agree to pay a recurring tier fee for land usage. First payment is due immediately after a parcel is purchased as outlined in the Reservation Fee section above. C&F will attempt to provide advance warning of upcoming payments to customers without an automatic payment. For any payment method it is the Resident's responsibility to make sure payment is made on time. All tier fees paid to C&F Estates are non-refundable for any reason.
C&F Estates will only force a rate increase for existing residents in the event Linden Labs increases the tier rate C&F Estates pays, this rate increase would take effect with the next tier payment.
2.4 Late Fees
C&F Estates may charge a late fee on any parcel that is unpaid after the payment due date. This fee may be waived if the Resident contacts us before the payment is past due.
Normally C&F Estates will allow a grace period for past due parcels before reclaiming, however if C&F Estates believes a parcel is abandon the parcel will be reclaimed immediately on being past due.
3 Rules
All Residents agree to C&F Estates
Rules, this covenant, Linden Labs
Terms of Service and
Community Standards, and any applicable laws. General Rules apply to all parcels regardless of zoning. Additional zoning rules are applied according to the zoning of the Estate the region is a part of. UnZoned regions should not be confused with no covenant and are still under this covenant and general rules. Normally violations will recieve a warning. Repetitive offenders and serious offenses are subject to immediate termination of this agreement without refund at the discretion of C&F Estates.
4 Changes
4.1 Substance Changes
C&F Estates reserves the right to change all or part of this agreement without warning or cancel this agreement at any time. Normally when C&F Estates makes a change to the substance of this agreement Residents that would lose rights under the new agreement will be placed in a Grandfathered state unless they agree to the newest version. In the event C&F Estates decides all Residents must be moved to the current agreement an opportunity to leave with a refund on unused tier may be offered to non-agreeing Residents. Residents are bound by any changes made by Linden Labs or applicable laws.
4.2 Clerical Changes
C&F Estates reserves the right to make clerical changes to this agreement for the purpose of typo correction or passage clarification without warning. Changes of this nature do not change the substance of the agreement.
4.3 Rule Changes
C&F Estates reserves the right to change their
rules at any time without notice. However rules created after a Resident's most recently aquired parcel will not be enforced against that Resident on their own parcels.
5 Refunds
In the event Linden Labs issues a refund for downtime that refund will be passed on to Residents. Except as allowed in this section(5), section 8, section 2.1, and section 4.1 all fees paid to C&F Estates are non-refundable for any reason.
6 Grandfathered Residents
A Grandfathered Resident is defined as a Resident who does not pay the current standard rate for their parcel or who is under a covenant version older than the current version. C&F Estates will support grandfathered Residents where possible, however grandfathered residents may not move to another parcel or change the size of their holdings without first bringing their account in line with current rates and the current covenant. Only a Resident can be grandfathered therefore if a parcel at a grandfathered rate remains grandfathered only as long as it is owned by the original Resident.
7 Warranty
C&F Estates will make every effort to make Resident experiences pleasant and fullfilling, however all parcels are provided AS IS. C&F Estates makes no warranties express or implied, including but not limited to the usability or accessability of parcels.
8 Termination
This agreement may be terminated at any time by C&F Estates or the Resident at any time for any reason for a single parcel or all parcels.
If C&F Estates voluntarily terminates a parcel for a resident in good standing, not in violation of this covenant or fees due, C&F Estates will refund unused tier and the initial payment for any parcels terminated.
If a Resident terminates this agreement they will forfeit all fees paid except as allowed by this covenant.
If this agreement is terminated due to causes or losses outside C&F Estates control, including but not limited to the closure of Second Life, no fees will be refundable. This restriction takes precedence over all other sections of the covenant.
9 Service Provider
C&F Estates is a third party redistributer of server space(known as land) in Second Life. C&F Estates has little if any control over the actions of other parties and the effects those actions may have. C&F Estates can not take responsibility for the content or actions of others. Each party remains solely responsible in all ways for their own content and actions.
10 Severability
If any provision of this agreement is held by a court of competent jurisdiction to be unlawful, invalid, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
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