Entropia Universe End User License Agreement (EULA)
2018 05 24
- Right to use Entropia Universe
- User Account
- Account lockdown, Inactivity, Ban and Termination
- System Requirements and monitoring
- Explicit consent to no right of withdrawal
- Rules of Conduct for the Entropia Universe
- Virtual Currency Transfers and Fund Transactions
- Transactions between Avatars in Entropia Universe
- Participant Content
- Limited Warranty
- Limitation of Liability
- Breach of Agreement
- Terms of Agreement
- Termination of this agreement
These terms (the “Terms”) apply to you as a user (the “User”, “You”), who wish to use the Entropia Universe, and MindArk PE AB (publ) ("MindArk"), a Swedish corporation having its principle place of business at Järntorget 8, SE-413 04 Gothenburg, Sweden (for additional contact details, see MindArk’s webpage https://www.mindark.com/contact/). Please read the Terms carefully before clicking accept when you log into Entropia Universe.
The Entropia Universe includes the Entropia Universe System and the Entropia Universe Services. Entropia Universe is the virtual environment developed and supported by MindArk as it is amended and altered from time to time. The Entropia Universe may consist of several virtual planetary systems (“Entropia Universe Planet(s)”), where each one is created by and in collaboration between MindArk and third parties ("MindArk's Planet Partner(s)"). A planet can be independently managed by one of MindArk’s Planet Partners.
The Entropia Universe System is operated by MindArk and includes digital information (for example files containing computer software, script, texts, images, photos, drawings and other graphics, sound and video, database information), the Entropia Universe Client software and any data communication and/or network communication to or from the Entropia Universe Client software. In order to gain access to the Entropia Universe System, the Entropia Universe Client Software must be installed on Your computer.
The Entropia Universe Services consist of a unique mixture of features, services and content, such as, but not limited to, on-line entertainment, community creation, communications, E-commerce, cultural and educational activities and much more, which are offered to Participants through different graphical environments or other client communication devices. Some features of this service may be free, and some for charge.
You do not have the right to gain access to Entropia Universe or any parts thereof without accepting these Terms. By accepting these Terms, You undertake to comply with them for Your use of Entropia Universe. To qualify as an Entropia Universe Participant, You must be at least 18 years old. If You are not 18 years old but You are at least 13 years old, You may still apply for an Entropia Universe Account, but only with approval of Your parent or guardian.
As a newcomer, You will be introduced to Entropia Universe via a starting area ("Entropia Universe Starting Area"). The Entropia Universe Starting Area allows You to explore some of the basic features of Entropia Universe but will not allow You full access to the Service. Once You have left the Entropia Universe Starting Area You cannot return there, but You will continue to an Entropia Universe Planet in the Entropia Universe.
These terms include any rules and policies that MindArk from time to time publishes on the Entropia universe websites www.entropiauniverse.com, account.entropiauniverse.com and legal.entropiauniverse.com.
The Terms shall apply only to the maximum extent allowed by national mandatory law in Your country of residence or otherwise applicable to You.
2. Right to use Entropia Universe
MindArk or its Planet Partner(s) holds any and all rights, including intellectual property rights and database rights, to The Entropia Universe and the Entropia Universe System and the items in Entropia Universe including the Client software, and any future patches, updates, modifications or related documentations, including without limitation, materials, user guides, manuals and drawings and no rights are transferred or licensed to the User other than the limited right to access and play Entropia Universe in accordance with these Terms.
MINDARK®, MINDARK PE™, PROJECT ENTROPIA™, ENTROPIA UNIVERSE®, MINDBANK®, ENTROPIA PLATFORM®, PED®, PROJECT ENTROPIA DOLLAR® and other names and marks indicated in Entropia Universe and/or on MindArk’s and Entropia Universe’s websites (at www.mindark.com and at www.entropiauniverse.com) are trademarks of MindArk. Any Entropia Universe and/or MindArk design and any other, graphics, logotypes or icons that appear in Entropia Universe and/or on MindArk’s and Entropia Universe’s websites are trademarks of MindArk and/or respective MindArk’s Planet Partner(s).
Virtual items are fictional in-world graphical objects with a predefined set of parameters in Entropia Universe and will often have names similar or identical to corresponding physical categories such as "people", "real estate", "possessions”, “currency”, “cloths” and the names of specific items in those categories such as "house", "rifle", "tools", "armour", “coat”, “money” etc. (“Virtual Items”). Despite the similarity in terminology, all Virtual Items, including virtual currency, are part of the Entropia Universe System and/or features of the Entropia Universe, and MindArk and/or respective MindArk’s Planet Partner(s) retains all rights, title, and interest in all parts including, but not limited to Avatars, Skills and Virtual Items. These retained rights include, without limitation, patent, copyright, trademark, trade secret and other proprietary rights throughout the world. Notwithstanding any other language or context to the contrary, as used in this agreement and/or in the Entropia Universe in the context of Virtual Items, You expressly acknowledge that all terms like “exchange of”, “trade with”, “purchase of”, “sale of” or “use of” Virtual Items, and all similar terms in context of transactions with Virtual Items, refers to the licensed right to use a certain feature of the Entropia Universe or the Entropia Universe System in accordance with the terms and conditions of this agreement.
Subject to these Terms, MindArk hereby grants You a non-transferable, non-exclusive, worldwide and perpetual right (without the right to sublicense) to download, display and use Entropia Universe, as provided to You by MindArk, solely for Your private, personal and non-commercial use.
You are not entitled to use Entropia Universe in a manner that violates applicable law or infringes on any third parties’ rights. MindArk does not tolerate any fraudulent behaviour or cheating in Entropia Universe. If You use Entropia Universe, in a manner that violates the Terms and/or any rules or policies provided by MindArk, MindArk may limit or terminate Your Account without further notice.
Your license is subject to Your acceptance of these Terms including:
- No modification or de-compilation. The Participant may not translate, modify, copy, disassemble, de-compile, derive source code, create derivative works from or otherwise tamper with the Entropia Universe System, code, software, hardware or firmware provided therewith.
- Use of the Entropia Universe Client. The Participant agrees upon not tampering, removing (except complete un-installation) or modifying the installed Entropia Universe Client Software and its associated files in any way whatsoever.
- No interference. You may not analyse, hack into, interrupt, redirect or in any other way affect or interfere with any data and/or network communication to or from the Entropia Universe System, the Entropia Universe servers, clients, websites and systems, as well as not use any other software than the Entropia Universe Client to interpret or affect data sent to or from the Entropia Universe server and client systems. You may also not replicate or in any other way falsely portray the Entropia Universe.
- No transfer of license. The Participant may not sell, lease, sublicense or otherwise transfer any rights to the Entropia Universe System to third parties.
- No transmission. The Participant may not distribute, transmit, broadcast or display parts of the Entropia Universe for commercial use, which has not been authorized by MindArk.
- No peripheral services or goods. The Participant may not provide any peripheral services or goods related to the Entropia Universe System. MindArk reserves the right to revoke this limitation either generally or in specific cases.
- No cheating. You may not use, launch or install any third party software, device or techniques that MindArk deems, at MindArk’s sole discretion, to be possible to use for collecting information from the Entropia Universe System or servers, constituting “cheating” and/or affecting the Entropia Universe in any way. This includes, without limitation, if possible to use for affecting the Entropia Universe System interface, the Entropia Universe environment, components, balancing and/or the Participant’s experience. MindArk reserves the right to revoke this limitation either generally or in specific cases.
The Entropia Universe System incorporates third party technologies and/or third party content, including code, text, audio files, graphics, icons, images, characters, items, animations, concepts etc. (“Third Party Licensed Material”). Third Party Licensed Material is the property of Third Parties and is protected under international and local immaterial rights laws. You acknowledge that You may not modify, copy, disassemble, decompile, derive source code or create derivative works from Third Party Licensed Material. You further agree to use Third Party Licensed Material only to the extent necessary to use the Entropia Universe System and/or the Entropia Universe.
3. User Account
You can only join an Entropia Universe Planet and use the Entropia Universe Services by creating an Entropia Universe Account that is uniquely associated with Your participation (“Account”). When applying for an Entropia Universe Account You will be asked to fill in a simple form.
To complete the Account registration process, You have to choose a password ("Password") and a username ("Username") (together referred to as “Login Details”), which, subject to MindArk’s approval, will provide You with an access to the Entropia Universe Account that You have registered.
You may only register one Account.
Within the Entropia Universe You will appear as an "Avatar", a virtual persona/alter-ego. Your use of the Entropia Universe Account and all Your activities within Entropia Universe through the Account are regulated by this agreement.
An approved Account will allow You to use the Entropia Universe Starting Area.
An approved Account and a verified e-mail address will allow You to log into the Entropia Universe Planets. Here, You will be able to interact and exchange Virtual Items with other Participants and/or Non-Participant Character (a.k.a. NPC).
The user account is personal and may not be assigned to a third party. Your Account and Login Details are uniquely associated with Your participation in Entropia Universe and use of the Entropia Universe System. You undertake to ensure that no one but You can use Your login credentials. You may not reveal Your password to any unauthorized person and shall ensure that any document setting out the username and password is stored in such way that no unauthorized person can gain access to the information. You must immediately change Your password or notify MindArk if it is suspected that any unauthorized person know Your password.
If MindArk suspects that the user account or login information is misused or if the usage otherwise violates the Terms, MindArk has the right to suspend You as a User. MindArk has the right to, irrespective of the reason, assign You with new login details.
You can unregister Your user account at any time. When You unregister Your user account all information that is stored in Your user account will be permanently deleted. Any PED which has not been withdrawn from Your Entropia Universe account will cease to exist and can thereafter not be withdrawn.
You agree to accept personal liability for all actions that occur through Your Account or with Your Login Details, whether done by You or by someone else using Your Account and/or Login Details. You agree to hold MindArk free from liability for any improper or illegal use of Your Account. This includes illegal or improper use by someone to whom You have given permission to use Your Account. The Terms of this agreement shall extend to anyone else using Your Account.
If You should happen to wilfully or otherwise reveal Your Login Details, You have relinquished Your right to any assistance regarding the possible outcomes or consequences of Your actions. Your Account may be Banned and/or Terminated if You let someone else use it inappropriately or not in compliance with this paragraph.
MindArk reserves the right to, for any reason and at its sole discretion, refuse approval of an Account application, to refuse access to an Account, to Terminate, Ban or Lock an Account and to remove, edit or add Account information, with or without notice to You.
It is hereby expressly clarified that the Virtual Items, accumulated in Your Account as well as the Avatar You use represent only a limited license right regulated by this agreement. Accordingly, MindArk may, at any time and at MindArk’s sole discretion, update, revise, implement patches or in any other way modify, manage and control the internal data and balancing of the Entropia Universe System and/or any aspect or feature of the Entropia Universe, with or without any prior notice to the Participant or responsibility for compensation due to loss or gain of value consequent to these modifications.
You agree that upon launching the Entropia Universe Client updates may automatically be downloaded and installed on Your hardware for the purpose of improving, enhancing or repairing the Entropia Universe System.
4. Account lockdown, Inactivity, Ban and Termination
Locked Account/Account Lockdown means that the Account is temporarily not accessible due to Your own request. Please note that if Your Account has been Locked You are still obliged to comply with the Agreement in its relevant parts.
Inactivated Account/Account Inactivation You acknowledge and agree that Your Entropia Universe Account will be deemed inactive if it has not been logged into for a period of ninety consecutive days.
Terminated Account/Account Termination means that the Account is purged and that You will no longer be able to retrieve its contents or to re-activate it to access Entropia Universe. Purging the Account means that, when applicable, all skills will be deleted, any estate deeds will be transferred back to MindArk and/or MindArk's Partner and the virtual objects on the Account will be exchanged for their Trade Terminal (TT) value. The aggregated value will be added to the balance on the PED Card connected to Your Account for You to withdraw if exceeding the minimal withdrawal limit of 1 000 PED. Any pending transactions involving a Terminated Account will be revoked.
You acknowledge and agree that Your Entropia Universe Account will be deemed to have been abandoned by You and consequently automatically Terminated if it has not been accessed for a period of 365 consecutive days (i.e. 275 days after an account becomes inactive as described above).
You also agree to assign MindArk and/or MindArk's Partners all rights in Your Terminated Entropia Universe Account according to the procedures established in this paragraph. You hereby discharge MindArk, any of MindArk's Partners and their respective officers, directors and employees, from and against all claims, demands, liabilities, costs, and expenses to You arising out of, or relating to, Your Terminated Entropia Universe Account.
In the event that Your Account is Terminated and if applicable, no refund will be granted except for the balance on Your PED Card and the TT value of the objects on the Account, as set out above. Any delinquent or unresolved issues relating to former participation in the Entropia Universe must be resolved before MindArk will permit You to register a new Account.
Banned Account/Account Banning means that the Account is under investigation due to a suspected violation of these Terms, or that the Account user was deemed to have violated one of the Terms. This may be definitive or temporary for short or long periods, on MindArk's and/or MindArk's Partner sole and absolute discretion.
If Your Entropia Universe Account has been temporarily Banned, MindArk and/or MindArk's Partner may, at their sole discretion and upon verification of Your identity or fulfilment of other conditions, reactivate Your Account.
You hereby expressly acknowledge that if MindArk and/or MindArk's Partner decide not to reactivate Your Account, it will eventually be Terminated, with or without Your right to withdraw any remaining PED Card value, on MindArk's and/or MindArk's Partner sole and absolute discretion.
6. System Requirements and monitoring
The Entropia Universe is accessed by downloading the Entropia Universe Client with an approximate file size of 1 GB. The Entropia Universe Client can be downloaded from anywhere in the world.
You hereby acknowledge that You may not be able to successfully utilize all features of the Entropia Universe if Your system does not comply with the minimum requirements for the Entropia Universe System.
You are fully responsible to protect Your computer or device and any other technical equipment against unauthorized use, including using appropriate anti-virus software and firewall.
You hereby give MindArk Your consent for monitoring Your use of the Entropia Universe System for the purpose of detecting use of unauthorized third party program or tool.
7. Explicit consent to no right of withdrawal
By completing the registration of an Account and downloading the Entropia Universe Client You acknowledged that there is no right of withdrawal pursuant to the Swedish Distance and Off-Premises Contracts Act (SFS 2005:59).
8. Rules of Conduct for the Entropia Universe
As a participant in the virtual universe of the Entropia Universe You are required to abide the general community principles and respect the feelings and rights of other participants to use the Entropia Universe, It is Your responsibility to read and understand these rules.
Please note that additional rules and policies may apply to each Entropia Universe Planet.
The Entropia Universe account rules of conduct include, but are not limited to, the following regulations:
- You may not impersonate any person, including a MindArk’s employee, agent or affiliate or another Participant, or claim having association with MindArk if You do not really are/have one. You may not create any society in the Entropia Universe that would indicate such links.
- You may not take any action, post, communicate, upload or otherwise use any content to threaten, harass, cause grief or distress to any of MindArk’s employees or agents or MindArk’s affiliate’s employees or agents in or outside the Entropia Universe, including, but not limited to, IRC channels or public web forums.
- You cannot interfere with any other Participants ability to use and enjoy the Entropia Universe.
- You may not take any action, post, communicate, upload or otherwise use any content, including text, images and sounds, that MindArk, at its sole and absolute discretion determines to be sexually explicit, racially, ethnically, religiously or sexually offensive, hateful, vulgar, defamatory, libellous, harassing or threatening to another person or organization or otherwise objectionable. This includes communications in the Entropia Universe and in any other website or forum with connection to the Entropia Universe.
- You may not register details on an Avatar hosting an explicit or implicit racist, hateful, degrading, religious, sexual or other form of offensive, illegal or otherwise objectionable alias.
- You may not use the Entropia Universe, including the Entropia Universe System, the Entropia Universe website or Forum to commit, attempt to commit, support or communicate about any illegal activity and/or infringe any local, national or international laws or regulation intentionally or unintentionally, including without limitation, copyright, trademark or other proprietary right infringement, invasion of privacy, fraud, contrabands, narcotics, defamation, harassment, hacking or other cyber-crime.
- You may not use the Entropia Universe to engage in any misleading or deceptive activity.
- You may not create and/or join a society or a team within the Entropia Universe that are based on any sexist, racist, degrading, hateful or otherwise objectionable philosophy directed towards companies, persons or organizations.
- You may not use the official Entropia Universe website and/or the Entropia Universe, including the Entropia Universe System, to provide or to facilitate access to or to distribute illegal software or materials, including software or materials that infringes MindArk’s or third party proprietary rights.
- You must immediately report errors and bugs in the Entropia Universe to MindArk whenever You discover them. You may not “cheat” or otherwise neglect to report errors or bugs, use bugs, slow connection, Internet latency, or other 'exploits' for own benefits or for the benefit of others.
- You may not spread any rumours, false or inaccurate information about MindArk, the Entropia Universe or MindArk’s Partners, associates, staff or affiliates, which MindArk consider, at MindArk’s sole discretion, to be potentially damaging, by using the Entropia Universe, IRC (chats) or any other public forums in any media, now known or not currently known, including but not limited to a web site.
- You may not provide MindArk, MindArk’s Partners or affiliates, in the context of Your participation in the Entropia Universe, with false or inaccurate information, including false reporting to MindArk’s Support and false information during Account registration.
- You may not post or convey any other Participants’ Personal Information and/or Login Details, in, on or outside the Entropia Universe.
- Gambling activities are expressly forbidden in the Entropia Universe.
- You may not interfere in any way with the virtual economy of Entropia Universe and/or with other Participants’ ability to use or enjoy the auction system or any other trading system in Entropia Universe. The foregoing includes, without limitations, the prohibition of manipulation or cause to manipulate statistical data, directly or indirectly. This prohibition includes, without limitation, prohibition of price manipulation and/or price fixing regarding virtual items on the auction system.
You are solely responsible for any information that You publish and/or provide to MindArk or to another Entropia Universe Participant in any communication medium, in or outside Entropia Universe, including without limitation, in public message forum, bulletin boards and IRC (chats). Regarding communication forums available in Entropia Universe, for example the “Participant Content System”, the “Global Ad System” and chat windows, You acknowledge that MindArk operates as a passive conduit for Your information and communications.
9. Virtual Currency Transfers and Fund Transactions
The Entropia Universe incorporates a PED Card System connected to each Account, through which MindArk administers the funds You transfer to and withdraw from the Entropia Universe (the “PED Card”).
You may use MindArk’s approved and secured fund transfer methods to increase by deposits and/or decrease by withdrawals the PED balance on Your PED Card. The deposited funds are converted by MindArk to PED that may be used by You as virtual currency in the Entropia Universe. If You choose to deposit or withdraw funds to or from the Entropia Universe. You hereby agree to any costs and fees involved in all fund transfers. For further information please see under the “Account” Section (Sub-sections "Deposits" and/or "Withdrawals") of the Entropia Universe website.
You acknowledge that MindArk may refuse, halt or reverse a withdrawal, and/or ask You to verify Your identity as condition to withdrawal if:
- MindArk is unable to verify or authenticate any or some of the Self-Registered Information You provide; or
- You did not provide MindArk with the full and comprehensive information needed to complete a withdrawal; or
- MindArk is obliged by law or regulations to do so; or
- it is suspected that the withdrawal may involve fraudulent and/or other unlawful activity; or
- the PED balance on Your PED Card is less than 1 000 PED, the minimum amount for a withdrawal.
MindArk acknowledges the responsibility to maintain records of finance for all funds transactions in connection with Your use of the Entropia Universe. You agree that MindArk's transaction records shall be conclusive proof of the transaction carried out to or from Your PED Card.
MindArk will provide You with a fund transfer statement, showing Your deposits and withdrawals for the last 12 months (under the Account Section). Notwithstanding the forgoing, You acknowledge Your responsibility to keep track of any transactions with virtual currency within the Entropia Universe to or from Your PED Card. MindArk accepts no responsibility for funds and/or PED misplaced or misused in any incidence, regardless of reason.
10. Transactions between Avatars in Entropia Universe
The Entropia Universe provides You with trading administration services (including the Auction System service, the Shop Systems services, Avatar Direct Trade System services etc.) that enables You to carry out secure transactions with others, in which participating parts can exchange Virtual Items and Real World Items (the "Approved Transaction").
Please notice that transactions concerning payment for Virtual Items, including PED, outside the Entropia Universe often involve fraudulent activities. You acknowledge that any transaction regarding Virtual Items, including PED, carried out using any service or system other than one of MindArk’s Approved Transaction systems is at Your own risk. MindArk reserves the right to take any reasonably necessary measures for the purpose of preventing and acting against frauds and non-Approved Transactions, including, but not limited to, making a reservation against a suspected Transaction, and Banning and/or Terminating a directly or indirectly involved Account, if MindArk determines that the transaction was not performed in compliance to this Agreement.
MindArk acknowledges the responsibility to maintain records on all transactions with Virtual Items via MindArk's Approved Transaction systems. You agree that MindArk's transaction records shall be conclusive proof of the transaction carried out via Your Account.
You acknowledge Your responsibility to keep track of all transactions with Virtual Items involving Your Account. MindArk accepts no responsibility for misplaced or misused Virtual Items in any incidence, regardless of reason.
Please note that there are different terms that applies when You purchase in Entropia Universe from a Third Party, se separate agreement http://legal.entropiauniverse.com/legal/third-party-items-purchas.xml
11. Participant Content
As part of Your interactions with the Entropia Universe, You may also, “construct”, “craft”, “compile”, “design”, “modify” or in any other way “create” Virtual Items. Notwithstanding any other language or context to the contrary, as used in this agreement and/or in the Entropia Universe in the context of the in-world creation of Virtual Items, You expressly acknowledge that You do not obtain any ownership right or interest in the Virtual Item You “create” but all such terms refer to the licensed right to use a certain feature of the Entropia Universe System or the Entropia Universe in accordance with the Terms and conditions of this agreement. For clarity, MindArk and/or the respective MindArk’s Planet Partner retains all rights, title and interest to all Virtual Items You create in-world.
The Entropia Universe contains different systems, including but not limited to the services available via the Ad-System, Chat-System, Messaging-System, Land management System and Event System, that allow You to insert, use or create content, for example, text, graphics, audio and video in the Entropia Universe System. Subject to the conditions in these terms, You hereby grant MindArk the worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights for any said content, including, but not limited to, user-to-user communications.
The Entropia Universe even incorporates a communication system that allows You to submit images, videos, films, texts and other communications that can be then viewed by other Participants ("Participant Content").
You agree to be solely responsible to Your Participant Content and for the results of its submission.
In connection with the Participant Content System, You agree that You will not: (a) submit materials that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, privacy and publicity rights, unless You are the owner of such rights or have a written permission from their rightful owner(s) to submit the materials; (b) publish falsehoods or misrepresentations that could damage MindArk or any third party; (c) submit material that is unlawful, libellous, defamatory, obscene, threatening, pornographic, hateful, harassing, containing excessive language, racially, ethnically or sexually offensive, or encourages conduct considered a criminal offense, give rise to civil liability, violate any law or agreement, or is otherwise inappropriate; (d) post advertisements or business solicitations not related to participation in the Entropia Universe;
MindArk reserves the right to, without prior notice, remove Participant Content and/or revoke Your access to upload material, if MindArk determines, at MindArk’s sole discretion, that uploaded material does not comply with the above limitations.
Participant Content is made available “as is” and may be used solely for its intended functionality within the Entropia Universe.
You may not copy, reproduce, distribute, display, transmit, broadcast, license or in any other way transfer the rights or exploit others’ Participant Content. For clarity, prohibition for copying does not include automatic and temporary copy to Your hardware for the purpose of viewing others' Participant Content.
Ownership Right in Participant Content
You retain all ownership rights in Your Participant Content that You have submitted to the Entropia Universe. By submitting Your Participant Content, however, You hereby grant all other Participants the right to create a copy of Your Participant Content on their hard disk for the purpose of viewing the material You submitted with connection to their participation in the Entropia Universe.
You hereby agree to, concurrently with submission of Your Participant Content, grant MindArk and MindArk’s Planet Partner, on which Planet You publish Your Participant Content, an irrevocable, non-exclusive, perpetual, royalty-free, transferable, worldwide license to use Your Participant Content. The license is granted for the purpose of developing and promoting MindArk’s business, the Planet Partner’s business, the Entropia Universe, the Planet Partner’s Planet, MindArk’s websites and Planet Partner’s website concerning the Planet, or any other purpose reasonably connected to them. The license granted by You to MindArk and/or MindArk’s Planet Partner includes the rights to reproduce, distribute, sub-license, create derivative works of, perform, display and publish the Participant Content.
For clarity purposes please note that, Your retainable proprietary right to Your Participant Content does not mean that You obtain any right in the Virtual Item (like the virtual frame, advertising board etc.) displaying the said material. MindArk and/or Planet Partner, as applicable, hereby expressly retain all and any rights in all Virtual Items as set out above.
12. Limited Warranty
MindArk represents and warrants that it has the requisite right and legal authority to grant the license as granted in these Terms and to provide the Entropia Universe System to the User. MindArk makes no other warranty, express or implied, with respect to The Entropia Universe.
The Entropia Universe is provided to You “as is” which means that MindArk do not warrant that The Entropia Universe will be uninterrupted, complete, and accurate or error or bug free.
13. Limitation of Liability
MindArk shall in no event be liable for (i) any indirect, incidental, special, consequential, punitive or tort damages, nor (ii) for any loss of use or data (including, but not limited to Your Entropia Universe User Account, Avatar skills and/or Virtual Items) or for lost profits of any kind (whether direct, indirect or consequential). MindArk is in no event liable for any services provided by a third party.
MindArk is not liable for any disruptions, delays or failures to perform in Entropia Universe, including any damages, losses or causes of action, which this may cause the User.
MindArk reserves the right to interrupt the services available via Entropia Universe and/or the operation of the Entropia Universe System with or without prior notice and for any reason. You agree that MindArk will not be liable for any loss or damage caused by interruption of the Entropia Universe, delay or failure to perform.
MindArk’s total liability for all damages, losses and causes of action and for all costs and expenses which may arise under the agreement with You shall for each incidence, if acknowledged, under no event, exceed the total amount that You have purchased PEDs for during the six months period prior to the incident.
The limitation of liability set forth herein does not apply in case of willful misconduct or gross negligence. The limitation of liability shall only apply to the extent allowable under applicable mandatory law.
To the extent allowable under applicable mandatory law, You agree to indemnify, defend, and hold MindArk, its agents, representatives and employees harmless from and against, any losses suffered, incurred, or sustained by You to the extent resulting from, arising out of, or relating to, any claim:
- that You are unlawfully using the Entropia Universe System or the Entropia Universe and/or Your Entropia Universe Account, including usage in breach of this Agreement, and/or;
- that You are non–compliant with any applicable law, regulations, agreement or other legal obligation, and/or;
- that Your Participant Content is infringing upon the proprietary or other rights of any third party.
Notwithstanding anything else in this Agreement for the avoidance of doubt, in case of Termination of Your Account You acknowledge and agree to MindArk’s right to set off any claim for any loss sustained against the remaining PED value of Your Account or any other refund obligation it might have under this Agreement.
15. Breach of Agreement
Without limiting MindArk's legal remedies, if You fail to comply with the restrictions and limitations of this Agreement or the agreements it incorporates by reference, MindArk may immediately terminate this Agreement, with or without prior notice to You.
You also agree that MindArk has the right to lock Your Entropia Universe Account in case of suspected Agreement violation during the period of investigation of the said violation.
Termination of this agreement results in Termination or Ban of Your Entropia Universe Account.
You recognize and acknowledge that any breach of or threat to breach this Agreement by You may cause MindArk irreparable harm for which monetary damages may be inadequate. You agree, therefore, that MindArk shall be entitled to an injunction, without posting bond or undertaking and without proof of actual damages, to restrain You from such breach or threatened breach. Nothing in this Agreement shall be construed as preventing MindArk from pursuing any remedy at law or in equity for any breach or threatened breach of this Agreement.
16. Terms of Agreement
This Agreement is effective until terminated by You or by MindArk.
Please note that if Your Account has been Locked or Banned according to these Terms (Account Inactivity, Account Ban and Account Termination) You are still obliged to comply with this Agreement in all applicable parts.
17. Termination of this agreement
MindArk may terminate this Agreement immediately upon notice to You. Such expiration may be made for any reason, and may be for one or more Participants.
MindArk reserves the right, pursuant to the conditions set forth in Paragraph 14 (Breach of the Agreement), to terminate this Agreement at MindArk's sole discretion, if You fail to comply with the Terms of this Agreement.
If You wish to end this Agreement at any time, You can do so by filing a request for Account Termination through the Entropia Universe Support. MindArk reserves the right to collect fees, surcharges or costs incurred before You terminate this Agreement. In addition, You are responsible for any charges incurred to third-party vendors or content providers prior to Your termination.
The license granted to You by this agreement shall immediately cease, upon termination of the Agreement, either by You or by MindArk. Thus upon termination You must permanently remove the all parts of the Entropia Universe System, including the Entropia Universe Client, from Your computer.
All provisions of this Agreement that by their nature should survive termination of this Agreement do survive its termination, including, but not limited to, provisions on proprietary rights, warranty disclaimers, liability and remedy limitations.
You may not assign this Agreement or transfer Your Entropia Universe Account to anyone. You may not sublicense any license granted to You by this Agreement, except to the extent expressly permitted by this Agreement with regards to transaction with Virtual Items, or if obtaining a prior written consent from MindArk. Notwithstanding the foregoing, Your Entropia Universe Account will be disposable by Your legal successors by inheritance subject to terms and limitations, as applicable by MindArk from time to time. Any attempt to transfer, give or grant Your Entropia Universe Account in breach of this Agreement will be invalid. MindArk may assign or transfer any of its rights or obligations under this Agreement to any other company, firm or person without any limitations.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
If any provision of this Agreement shall be void or unenforceable for any reason, this will not affect the validity and enforceability of any remaining provisions of this Agreement.
You as a consumer have the right to lodge complaints for purchased services, such as Virtual Items, in three years from when the service was purchased or the time set out in applicable mandatory consumer protection law. Please note that the time to lodge a complaint may be shorter or longer depending on the consumer’s legal rights in each case (see further information on governing law below).
The right to file a complaint apply to services, which are defective according to applicable consumer protection legislation
Any User who wishes to file a complaint shall, as soon as possible after discovering the defect, contact MindArk preferably by sending an e-mail to firstname.lastname@example.org
Forum and Governing Law
Any dispute, controversy or claim regarding the interpretation or application of these Terms shall be governed and construed in accordance with Swedish law and settled by public court in Sweden to the extent this is possible under mandatory applicable consumer protection law in the country where the User resides.
In case of a dispute, controversy or claim MindArk will follow the submitted recommendations from the Swedish National Board for Consumer Disputes or equivalent alternative dispute resolution board in the User’s country of residence. The Swedish National Board for Consumer Disputes may be accessed either via the website www.arn.se or address Box 174, 101 23 Stockholm, Sweden.
You acknowledge that MindArk is not a part to any possible future disputes between Third Party and You even if it is related to Entropia Universe. Resolution of any dispute is the full and sole responsibility of the involved parties and MindArk will not act as a mediator between them.
MindArk’s Right to Change the Agreement
By accepting this Agreement and applying for an Entropia Universe Account You agree that MindArk may, at any time, update, revise or change this Agreement if MindArk reasonably consider it necessary to do so and upon prior notice to You as follows:
Currently applicable Agreement is always posted on the Entropia Universe website http://legal.entropiauniverse.com/legal/conditions.xml. You should periodically check the website for such changes. If MindArk makes material changes or revisions to this Agreement, MindArk will endeavour to provide You with a notice, via the Entropia Universe Release Notes, in connection with a release subsequent to the change. The Release Notes are published on the Entropia Universe website http://www.entropiauniverse.com/bulletin/release-notes/ and in the Client Loader.
Your use of Your Entropia Universe Account and continued participation in the Entropia Universe after notification of changes means that You have accepted the changes. If You do not want to accept the changes proposed by MindArk or any of the Terms in this Agreement, Your only remedy is to end this Agreement and Terminate Your Account and cease using the Entropia Universe.
Conflict between different language versions of this Agreement
You acknowledge and agree that in the event of any inconsistency or conflict between the English version of this Agreement or any part or stipulation thereof, and another language version of this Agreement or any part or stipulation thereof, the English version of this Agreement shall prevail.
I hereby certify that I have read, understood and agree to the Terms in this Agreement. I acknowledge that by checking the “I accept” box or registering an approved Account, install the Entropia Universe Client or parts of it I hereby enter an obliging agreement with MindArk.