C&F Estates Resident Covenant
1 Purpose
This covenant is an agreement between C&F Estates and its Residents. It serves as an outline for the relationship between C&F Estates and Residents. Version 4 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 Land Purchases
Land purchase as a parcel or a whole region represents the payment of a non-refundable purchase of usage rights to a portion of server resources. These rights grant the transferable right to use the land 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 2.2. Parcels with tier fees 24 hours past due are subject to reclaim without 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. C&F Estates is a third party reseller of usage rights to server space owned by Linden Labs. This transfer of rights will cease to be in force if the resident is not current on their tier payments or C&F Estates no longer manages the region the rights were purchased for.
2.2 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. 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 reserves the right to increase tier fees at any time. If tier fees are increased in response to a fee increase from Linden Labs the change takes effect immediately with an adjusted balance due on outstanding time the Resident has already paid for. Otherwise the change will take effect on the Residents next payment. If a large tier increase is unavoidable Residents may request grandfathering to lock their tier at the rate they were paying. C&F Estates will judge such requests on a case by case basis.
2.3 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.
2.4 Past Due Fees
If a Resident has past due fees C&F Estates has the right to reclaim any or all of their parcels without refund, notice, or further obligation at any time. No refunds offered in any other section are valid for Residents with past due fees.
2.5 Distressed Region Fees
C&F Estates owes the same amount to Linden Lab each month for a region regardless of the amount paid by the Residents. When the collective tier fees paid for land in a region drop below the amount C&F Estates has to pay to keep the region open. C&F Estates may choose to charge a variable fee to the residents instead of closing the region. Such a fee would be a temporary fee intended to recover costs and would not bring the total tier revenues paid for a months usage of the region more than US$25 above the cost of maintaining the region. If such a fee is charged it will immediately be discontinued if the region returns to profitability.
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.
C&F Estates reserves the right to change rules in effect for residents in shared regions as it sees necessary without warning. C&F Estates will make reasonable efforts to keep the rules stable and provide notice and accomodation in the event of changes, however since Resident actions and content can affect their neighbors C&F Estates reserves the right to take immediate action as it deems necessary.
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.
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 9, 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 pays less than 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 attempt 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 Region Closure
This section takes effect if C&F Estates discontinues management of a region by transfer to a new owner or by releasing the region to Linden Labs. Region closures by Linden Labs or another third party fall under section 9
If a region is transfered C&F Estates will attempt to get the new owner to allow all pre-existing residents to continue their usage of the land. However the region becomes the full responsibility of the new management and C&F Estates makes no commitments or obligations to Residents past the point of transfer.
If a resident is unable to stay in the region as a result of the region being transfered or returned to Linden Labs C&F Estates will attempt to provide the resident with another parcel of the same size in another region with the same zoning and terrain. If a resident is moved under these circumstances they will be provided with 1 week of free tier up to the value of 1 weeks tier after the first tier payment is made on the new land.
If C&F Estates has no land they can offer the resident any remaining tier balance will be returned in a prorated refund.
If C&F Estates received funds in exchange for the region Residents may choose to give up their land in exchange for a share of the funds. Such a payment will be the lessor of the A. (Total Payment Received - Transfer Expenses) * Resident Percentage of Total Land in Region or B. The amount C&F Estates last received from a Resident for that land.
All compensation is forfeited if the Resident is past due on their tier at the time of closure.
When in conflict this section takes precedence over sections 5 or 9.
9 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 or closure of a region by Linden Labs, no fees will be refundable. This restriction takes precedence over all other sections of the covenant.
10 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.
11 Precedence
When this agreement or C&F Estates rules conflict with the Linden Labs
Terms of Service or
Community Standards the most restrictive agreement takes precedence.
Section 2.4 Past Due Fees takes pecidence over any conflicting section of this agreement.
When in conflict Section 8 Region Closure always takes precedence over Section 9 Termination.
When in conflict this covenant as found on the C&F Estates website takes precedence over anything in the Covenant tab in Second Life.
12 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.
Available Land
Regions
Covenant
Support
