Entropia Universe Account Terms of Use (ToU)

2016-10-31

Entropia Universe is an online virtual environment consisting of a number of virtual planetary systems (“Entropia Universe Planets”) where each one is created by and in collaboration between MindArk and third parties (“MindArk's Planet Partners”).

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.

The condition for Your access to the Entropia Universe Starting Area and thereafter on one or several Entropia Universe Planets is that You have a registered and approved Entropia Universe Account. In order to apply for an Entropia Universe Account You must accept the following Entropia Universe Account Terms of Use ("ToU" or "Agreement").

Please notice that some of the terms in the paragraphs below will not apply on Your participation in the Entropia Universe Starting Area and will come into force once you enter the full Service via an Entropia Universe Planet, as applicable.

These ToU is an agreement between You (also known as "Participant"), who wish to register an Entropia Universe Account and MindArk PE AB (“MindArk” including its subsidiaries and affiliates), the developer, owner and provider of the Entropia Universe.

1.        Age Requirements

If You are under the age of 18 please note -

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.

2.        Description of the Service

2.1.       Entropia Universe Account

You can only join an Entropia Universe Planet 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 (see below under paragraph 3.1 Account Application and Registration).

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.

An approved Account will allow You to use the Entropia Universe Starting Area.

An approved Account and a verified e-mail address (see below under paragraph 3.1 Account Application and Registration) 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).

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 ToU and related Policies.

2.2        Minimum System Requirements

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.

2.3.       Cooling-off period

By completing the registration process as above, You give Your consent to MindArk to begin performing the services available through Entropia Universe during the cooling-off period applicable to consumers according to the Consumer Protection (distance contracts and home sales) Act [Sw. Distans och hemförsäljningslagen (2005:59)]. You consent to that MindArk begins processing the registration during the ongoing cooling-off period meaning that Your cooling-off right, according to the act referred above in this paragraph is inapplicable.

3.        Your Registered Account

3.1.       Account Application and Registration

 

Please notice that different Account registration requirements may apply to different features of the service.

In order to register an Entropia Universe Account to enter the Entropia Universe Starting Area, You must provide “Login Details”.

In order to register an Entropia Universe Account to enter Entropia Universe Planets You must provide MindArk with a valid e-mail address and verify that address by following the instructions in our verification e-mail sent to you in the Account creation process or when manually triggered by you.

To deposit or withdraw funds from the Entropia Universe (as described in paragraph 7), You must provide MindArk with current, complete and accurate information. Such information may include, without limitation, details such as Your full name, country of origin and e-mail address, as well as Your home address, telephone number and Your bank account and/or credit/debit card information ("Self-Registered Personal Information"). The protection of all of Your Personal Information is regulated under Paragraph 4 (Your Privacy) to this Agreement. You agree that You are responsible to update any of Your Self Registered Personal Information, whenever needed, so that MindArk's records are always correct. MindArk reserves the right to terminate Your Entropia Universe Account and/or to refuse a deposit or a withdrawal (see more in paragraph 7 – Virtual Currency Transfer and Fund Transactions) if You provide false, incomplete or misleading Self-Registered Personal Information.

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.

3.2     Responsibility for the Confidentiality and Security of Your Login Details and for the use of Your Account

Your Account and Login Details are uniquely associated with Your participation in Entropia Universe and use of the Entropia Universe System. You are solely responsible for preserving the confidentiality of Your Login Details, and for restricting access to Your Account and to the computer from which You access the Account. MindArk never asks You to provide us with the Login Details.

You agree to accept personal liability for all actions that occur through Your Account or through the use of Your Login Details, whether done by You or by someone else using Your Account and/or Login Details. You must notify MindArk immediately if You suspect a breach of security or unauthorized use of Your Account and/or Your 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 willfully 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 3.

4.        Privacy Protection

MindArk respects Your right to anonymity in the Entropia Universe and intends to keep all Self Registered Personal Information confidential, and to handle such information with accordance to MindArk’s

Privacy Policy.

MindArk keeps records of Your Self-Registered Personal Information as well as certain automatically collected information, such as IP address and some information about Your hardware and related drivers ("Automatically-Registered Personal Information"). “Self Registered Personal Information” and “Automatically-Registered Personal Information” are hereafter collectively referred to as “Personal Information”.

Your Personal Information is collected for the following purposes: (i) to provide a better service, (ii) for accounting purposes and financial reporting of the economic activities available via Entropia Universe, (iii) for the purposes of identity verification, detection and counteraction of fraud and Agreements violations, and (iv) in order to balance the load on the Entropia Universe.  By Your usage of the Entropia Universe and therewith consenting to this Agreement and MindArk’s Privacy Policy, and by providing MindArk and/or MindArk's Partners with Your Personal Information, You hereby consent to and approve of the collection, processing and recording of Your Personal Information, its transmission to MindArk's Partners and its use in compliance with MindArk’s Privacy Policy.

In any event that MindArk is requested by the proper authorities and/or other entities seeking legal remedy against You with connection to a violation made by You or alleged to have been made by Your participation in the Entropia Universe, MindArk may share all information regarding You and Your use of the Entropia Universe, including, but not limited to, Personal Information.

5.        Account Inactivity, Account Ban and Account Termination

5.1.       Definitions

The following terms referred to in this paragraph will have the following meaning:

Terminated Account (or “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.

Locked Account (or “Account Lockdown”) means that the Account is temporarily not accessible due to Your own request.

Banned Account (or “Account Banning”) means that the Account is under investigation due to a suspected violation of the EULA, ToU and/or Rules of Conduct, or that the Account user was deemed to have violated one of the said agreements. This may be temporary for short or long periods, on MindArk's and/or MindArk's Partner sole and absolute discretion.

5.2.       Locked Account

Please note that if Your Account has been Locked You are still obliged to comply with the EULA and the ToU Agreement in their relevant parts.

5.3.       Inactivated Account 
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 (90) consecutive days.
 

5.4.    Terminated Account
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 three hundred and sixty-five (365) consecutive days (i.e. 275 days after an account becomes inactive as described in section 5.3 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 5. You hereby discharge MindArk, any of MindArk's Partners and their respective officers, directors and employees, from and against any and 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.


5.5.       Banned Account

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 fulfillment 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.        Transactions with Virtual and Real Life Items

The terms in this paragraph 6 do not apply to Your participation within the Entropia Universe Starting Area.

6.1.       Transactions between Avatars

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 any and all transactions with Virtual Items involving Your Account. MindArk accepts no responsibility for misplaced or misused Virtual Items in any incidence, regardless of reason.

6.2.       Transactions with Real World Items

Additional terms shall apply upon any transaction with non-virtual items (“Real World Items”) between You and third parties or between You and MindArk. For further information see Third Party Items Purchase Agreement and General Real World Items Agreement, available when making transactions with Real World Items within the Entropia Universe.

7.        Virtual Currency Transfers and Fund Transactions

The terms in this paragraph 7 do not apply to Your participation within the Entropia Universe Starting Area.

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 here 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:

  1. MindArk is unable to verify or authenticate any or some of the Self-Registered Information You provide; or

  2. You did not provide MindArk with the full and comprehensive information needed to complete a withdrawal; or

  3. MindArk is obliged by law or regulations to do so; or

  4. it is suspected that the withdrawal may involve fraudulent and/or other unlawful activity; or

  5. 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.

8.        MindArk’s Rules of Conduct

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:

a. 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.

b. 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.

c. You cannot interfere with any other Participants ability to use and enjoy the Entropia Universe.

d. 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, libelous, 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.

e. 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.

f. 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.

g. You may not use the Entropia Universe to engage in any misleading or deceptive activity.

h. 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.

i. 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.

j. 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.

k. You may not spread any rumors, 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.

l. 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.

m. You may not post or convey any other Participants’ Personal Information and/or Login Details, in, on or outside the Entropia Universe.

n. Gambling activities are expressly forbidden in the Entropia Universe.

o. 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 prohibitions 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.

MindArk reserves the right to modify these Rules of Conduct any time.

YOU HEREBY ACKNOWLEDGE THESE RULES AND AGREE TO ABIDE BY THEM. YOU ALSO AGREE THAT YOU ARE RESPONSIBLE FOR YOUR REGISTERED ENTROPIA UNIVERSE ACCOUNT AND THESE SAME RULES APPLY TO ANYBODY YOU ALLOW TO USE YOUR ACCOUNT. All and any behavior, utterance or action in the Entropia Universe or in any of MindArk’s forum or website that MindArk, at it sole and absolute discretion, FIND TO be a violation of the Rules of Conduct could result in the Account being Banned or Terminated WITHOUT ANY CLAIMS WHATSOEVER.

9.        MINDARK'S LIMITATION OF LIABILITY

MindArk provides the Entropia Universe, a virtual universe where You are free to choose the course of the action You wish to pursue.

MINDARK, ITS EMPLOYEES, OFFICERS AND DIRECTORS, ITS AFFILIATES AND SUBSIDIERIES SHALL, TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT, BE LIABLE TO YOU FOR ANY DAMAGES, LOSS OR EXPENSE INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE, OR ECONOMIC LOSS, INCLUDING WITHOUT LIMITATION ATTORNEY FEES, LOST OF GOODWILL OR HARDWARE DAMAGES, ARISING FROM THE USE OF THE ENTROPIA UNIVERSE OR IN CONNECTION WITH YOUR TRANSMISSION OR USE OF ANY CONTENT USING THE ENTROPIA UNIVERSE.

YOU ACKNOWLEDGE THAT , TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, MINDARK SHALL NOT BE LIABLE TO YOU FOR THE LOSS OF ANY DATA OR ELECTRONIC FILES, INCLUDING, BUT NOT LIMITED TO, ACCOUNT, AVATAR, SKILLS AND/OR VIRTUAL ITEMS AND/OR CURRENCIES, FOR ANY REASON WHATSOEVER INCLUDING, BUT NOT LIMITED TO, SERVER FAILURE, INTERRUPTIONS OR CESSATION OF TRANSMISSION, INTERNET LATENCY, VIRUSES, BUGS, TROJAN HORSES AND THE LIKE, SOFTWARE AND/OR HARDWARE DEFECTS OR ERRORS, UNAUTHORISED USE OF THE ENTROPIA UNIVERSE SYSTEM OR SERVERS, USE OF CONTENT SUBMITTED TO THE ENTROPIA UNIVERSE, AND THE USE OF ENTROPIA UNIVERSE IN GENERAL.

You acknowledge that MindArk will not be liable for any damages or loss caused by failure to perform any term or condition of this Agreement due to conditions beyond MindArk’s reasonable control such as, but not limited to, war, terror attack, strikes, fires, floods, acts of God, governmental or authority restrictions, power failures, or damage or destruction of any network facilities or servers.

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 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 LIABILITY TOWARDS YOU SHALL, IF ACKNOWLEDGED, IN EACH INCIDENCE BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT TRANSFERRED INTO THE INVOLVED ACCOUNT BY SAID PARTICIPANT UNDER SIX MONTHS PERIOD PRIOR TO THE INCIDENT.

MindArk does not endorse any Participant Content or any opinion, recommendation, or advice expressed therein, and MindArk expressly disclaims any and all liability in connection with Participant Content (see furtherer terms for Participant Content in EULA Paragraph 4 and MindArk’s Participant Content Policy.

MINDARK EXPRESSLY DISCLAIMS ALL REPRESENTATION AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTIES DURING YOUR USE OF THE ENTROPIA UNIVERSE. YOU AGREE TO LOOK SOLELY TO THIRD PARTIES FOR ANY AND ALL CLAIMS REGARDING SUCH TRANSACTIONS WITH THIRD PARTIES. YOU FURTHER AGREE THAT THE SPECIAL 'THIRD PARTY'S ITEMS PURCHASE AGREEMENT' TERMS (THAT YOU ACCEPT IN THE CASE OF MAKING A THIRD PARTY ITEM PURCHASE) WILL APPLY AS A COMPLEMENT TO THIS AGREEMENT FOR ANY TRANSACTIONS OR COMMUNICATIONS BETWEEN YOU AND THE THIRD PARTY.

10.      Indemnification

You agree to indemnify, defend, and hold MindArk and its officers, employees, subsidiaries and affiliates harmless from and against, any losses suffered, incurred, or caused by You or by third party to the extent resulting from, arising out of, or relating to, any claim:

  1. that You are unlawfully using the Entropia Universe and/or Your Entropia Universe Account, and/or;
  2. that You are non–compliant with any applicable law, regulations, agreement or other legal obligation, and/or;
  3. 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

11.      Breach 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 on this ground may also result in Termination or Ban of Your Entropia Universe Account and termination of the EULA agreement. If Your Account was Terminated for any reason, MindArk is under no obligation to allow You to register a new Entropia Universe Account in the future.

12.      Equitable Relief

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.

13.      Terms of Agreement

13.1.     Term

This ToU is effective until terminated by You or by MindArk.

Please note that if Your Account has been Locked or Banned according to Paragraph 5 above (Account Inactivity, Account Ban and Account Termination) You are still obliged to comply with this Agreement in its relevant parts.

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.

13.2.     Termination of the ToU

MindArk may terminate this Agreement 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 11 (Breach of the Agreement), to terminate this Agreement at MindArk's sole discretion, if You fail to comply with the terms of this Agreement.

You acknowledge that a direct effect of termination of the EULA agreement, by either party and for any reason, will be the immediate termination of this ToU.

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.

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.

14.      No Assignment

You may not assign this Agreement or transfer Your Entropia Universe Account to anyone, except to the extent expressly permitted by this Agreement 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 ToU will be null and void. MindArk may assign or transfer any of its rights or obligations under this Agreement to any other company, firm or person without any limitations.

15.      Headings

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

16.      Forum and Governing Law

16.1.     Forum

You agree that all disputes under this Agreement shall be settled by a Swedish court in the city of Gothenburg. Notwithstanding the exclusive jurisdiction of a Swedish court as stipulated above, You acknowledge MindArk’s right to apply for injunctive and/or other equitable relief in any court of competent jurisdiction.

16.2.     Governing Law

This Agreement is to be governed by, construed and enforced according to the laws of Sweden. You agree that any future dispute that might arise between You and MindArk is to be governed by the laws of Sweden, without regards to any principles of conflicts of laws and the United Nations convention on contracts for the International Sale of Goods.

17.      Additional Terms

Additional terms and conditions are incorporated into this agreement by the following documents: 

a. MindArk’s Privacy Policy

b. General Real World Items Agreement

c. End User License Agreement

d. MindArk’s Participant Content Policy

e. Third Party Item’s Purchase Agreement

f. Entropia Universe Interconnect Services – Terms and conditions (T&C)

g. Voice Communication Service - Terms of Use

18.      Final Agreement

18.1.     Final Agreement

This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof.

18.2.     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 endeavor 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.

18.3.     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 ToU. I acknowledge that by checking the “I accept” box or registering an approved Account I hereby entering an obliging agreement with MindArk.