Third Party's Items Purchase Agreement
1. Third Party Items
'Third Party Items' means real world products, which are to be created, produced, sold, delivered and warranted by a third party towards the Participant.
The Entropia Universe platform also provides a venue for trade between Third Parties and Participant.
MindArk is not involved in any way in the actual transaction between Third Party and Participant. MindArk acts solely as a passive conduit for Third Party's online distribution and the communication of Participant information with regards to transaction with Third Party.
The Participant acknowledges that MindArk does not and cannot have direct nor indirect control over:
1.1 Third Party's information, including, without limitation, to business information, item information and transaction information (such as, but not limited to, terms, rights, price, product description, methods of payment, delivery and warranty).
1.2 Third Party's materials including, without limitation, to their quality, safety, legality; eligibility or accuracy.
1.3 The effectiveness, adequacy or enforceability of transferred rights to Third Party materials.
1.4 The ability of Third Party to complete a transaction, including, but not limited to, order, transport and warranty;
1.5 Whether Third Party will complete a transaction.
The Participant assumes any and all risks, known or unknown, now existing or hereafter arising, related to the transactions with Third Party's items, including, but not limited to, completing transactions, default, negligence, unauthorized use of Participant's account and password and other Participants acting under false identity.
The Participant acknowledges that MindArk is not a part to any possible future disputes between Third Party and the Participant. Resolution of any dispute is the full and sole responsibility of the involved parties and MindArk will not act as a mediator between them. The Participant releases MindArk, its agents, representatives and employees, from any and all claims, demands and damages, direct and indirect, suspected and unsuspected, arising from such dispute.
The provisions of this paragraph shall survive any termination of this Agreement, in whole or in part, for any reason whatsoever.
3. No Warranties
MindArk expressly disclaims all warranties with regard to Third Party items or service, including, but not limited to, merchantability, non-infringement and fitness for a particular purpose.
The Participant further agrees that he/she shall have no claim or cause of action against MindArk involving any transaction with Third Party items. Any and all such claim will be directed to Third Party.
4. Limitation of Liability
In no event shall MindArk, nor MindArk’s employee, agent or representative, be liable for any direct or indirect damages arising from or related to a transaction with Third Party items. In no event whatsoever shall the liability of MindArk, MindArk’s employee, agent or representative, to Participant or any third party exceed the fee paid to MindArk for its service in the particular transaction with Third Party items.
BY PURSUING FURTHER THIS TRANSACTION YOU REPRESENT THAT YOU HAVE A FULL POWER TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER.
YOU FURTHER AGREE TO RELEASE MINDARK FOR ANY RESPONSIBILITY DERIVATE FROM THIS TRANSACTION AND ACCEPT THIRD PARTY'S TERMS FOR THE TRANSACTION.