NOTICE & DISCLAIMERS FOR CROWDFUNDER CAMPAIGN

Your donation is being made to AvaCon, Inc., a 501(c)(3) nonprofit organization dedicated to promoting the growth, enhancement, and development of the metaverse, virtual worlds, augmented reality, and 3D immersive and virtual spaces. We hold conventions and meetings to promote educational and scientific inquiry into these spaces, and to support organized fan activities, including performances, lectures, art, music, machinima, and much more. Our primary goal is to connect and support the diverse communities and practitioners involved in co-creating and using virtual worlds, and to educate the public and our constituents about the emerging ecosystem of technologies broadly known as the metaverse.  By making this donation, you acknowledge that funds raised through the OpenSimulator Community Conference Crowdfunder Campaign will be used to further AvaCon’s work in creating an open, shared Metaverse, including the costs to support, produce and manage the OpenSimulator Community Conference, grid and web server hosting and management costs, paid web services such as the online schedule service, honoraria and fees for keynote speakers, and other costs to manage and produce the conference.  Further, you acknowledge that some portion of your donation may also be used to cover the cost of shipping and postage for physical items depending upon the level of donation or sponsorship benefits you have selected.  AvaCon, Inc. is a Gold Participant of the GuideStar Exchange Nonprofit Directory, where you can find more information about AvaCon, Inc. and our commitment to financial transparency.

Donor acknowledges that the OpenSimulator server software on which the conference will be hosted is in the “alpha” stage of development, and therefore it is possible for technical difficulties to disrupt the conference proceedings from time to time during the event. AvaCon and its associated event partners and server administrators will make a good faith effort to minimize any such disruptions, but all parties acknowledge that disruptions or even a complete failure of the OpenSimulator software shall not result in AvaCon’s liability or delay of performance under this Agreement, and that the donor shall not be entitled to a refund of any donations under any such circumstances.

Additionally, AvaCon, Inc. shall not be responsible for failure to perform any of the obligations implied or imposed by the OpenSimulator Community Conference Crowdfunder Campaign benefit levels, provided such failure shall be occasioned by negligence of the donor, failure of the donor to provide any required information in a timely manner, or by fire, flood, explosion, lightning, windstorm, earthquake, subsidence of soil, failure or destruction, in whole or in part, of machinery or equipment, IT systems, computer servers, or internet and network connections, or failure of supply of materials, discontinuity in the supply of power or internet connection, governmental interference, civil commotion, riot, acts of terrorism,Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks, war, strikes, labor disturbance, transportation difficulties, labor shortage, acts or omissions of other common carriers, or any cause beyond the reasonable control of AvaCon.

FLORIDA RESIDENTS – AvaCon, Inc. is a registered charity with the State of Florida Department of Agriculture & Consumer Services.  REGISTRATION #: CH41781  A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE (800-435-7352) WITHIN THE STATE.  REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.

DISCLAIMER OF WARRANTY AND LIABILITY

AVACON, INC. SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES (ORAL OR WRITTEN), INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT AND ACCURACY OF INFORMATIONAL CONTENT. DAMAGES LIMITATION: AVACON, INC. SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING LOSS OF REVENUE OR PROFIT, LOST DATA, OR DOWNTIME COSTS) ARISING OUT OF THIS AGREEMENT EVEN IF AVACON, INC. HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY. IN ANY CASE, AVACON, INC.’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE THE AMOUNT INDICATED IN THE CROWDFUNDER LEVEL SELECTED AND CONFIRMED BY THE DONOR.