Interconnect Services Terms

2010-09-28

By ordering the Entropia Universe Interconnect Services (“Interconnect Services” and/or “Service”) and connecting your Entropia Universe account to an information service (“Connected Service”) external to Entropia Universe you hereby certify that you have read, understood and agree to the following terms and conditions (T&C). The T&C is a legally binding agreement that governs your use of Interconnect Services for Entropia Universe between you on one side and MindArk PE AB (MindArk) and/or MindArk’s Planet Partners or other affiliates on the other side.

Third Party Service Provider and Privacy

You acknowledge that the Interconnect Services, or parts thereof, are provided by third parties (“Independent Service Provider”) and that MindArk only act as an intermediate service provider. By requesting MindArk to connect your Entropia Universe account to your external account with the Independent Service Provider, you hereby give MindArk the permission to share your personal identifiable information with the Interconnect Service provider. For more information on the collection and use of your personal information please see MindArk’s Privacy Policy. You acknowledge and agree that MindArk’s Privacy Policy, is incorporated and made part of these T&C.

Service Restriction and Changes

You agree that MindArk may, at any time and at its sole discretion, update, revise, implement patches or in any other way modify, manage, control any and all aspects of the Service, with or without any prior notice to you.

You acknowledge and agree that MindArk may, at any time, update, revise or change these T&C if MindArk consider it reasonably necessary. MindArk shall provide you with prior notice on such changes by means of update posts on MindArk’s and/or the Entropia Universe website or any website related or connected thereto, including without limitations, MindArk’s Planet Partner’s website. You should periodically check the website(s) for such changes. You further agree that your continued use of the Entropia Universe Interconnect Services after notification of changes shall mean that you have accepted and agreed to the changes. If you do not want to accept the changes proposed by MindArk or any of the terms in these T&C, your only remedy is to immediately end this agreement and cease using the Entropia Universe Interconnect Services.

No Warranty and Disclaimer

The Interconnect Service is provided to you AS IS. The Interconnect Service is not warranted by Independent Service Provider, MindArk or MindArk’s applicable Planet Partner(s) to be uninterrupted, complete, accurate or error or bug free. Neither the Independent Service Provider, nor MindArk or MindArk’s applicable Planet Partner(s) makes any promises or representations or any warranties, guarantees or indemnities, either expressed or implies, with respect of the Interconnect Services, including but not limited to any representation or warranties concerning packet loss level that might affect the availability of your post or any published content.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, including, but not limited to the risk of being exposed to disclosure of your real-world identity or your Avatar identity or any other risks related to the use of the information you may publish through the Interconnect Service.

Notwithstanding anything to the contrary stated in this T&C, in no event shall Independent Service Provider, MindArk or MindArk’s applicable Planet Partner (s), be liable (i) for incidental, indirect, special, exemplary, punitive or consequential damages, nor (ii) for loss of use or data, or production or business or market share, or lost profits, savings or revenues of any kind or any other economic loss (whether direct, indirect or consequential); no matter what theory of liability, even if such party has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold Independent Service Provider, MindArk, MindArk’s applicable Planet Partner(s) and their officers, employees, subsidiaries and affiliates harmless from and against any losses suffered, incurred, or sustained 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 Interconnect Services and/or Connected Services, and/or;
2. that you are non–compliant with any applicable law or regulations, including intellectual property laws and privacy laws.

Additional Terms

You acknowledge and agree that the Entropia Universe End User License Agreement and Terms of Use (including Participant Content Policy and other agreements and policy incorporated thereto by reference) will also apply to any use of the Interconnect Services and any intellectual property of MindArk or MindArk’s applicable Planet Partner(s)’ related thereto.

Further, you acknowledge that the Service is only available to persons who are also registered members of each pertinent Connected Service. In order to use the Service you must be in compliance with the policies and/or terms of use/service of that Connected Service. You therefore acknowledge and agree that additional terms and conditions of the Independent Service Provider might apply to your use of the Interconnect Services.

Termination of Services

Each party may terminate the agreement at any time and for any reason by providing notification thereof to the other party 30 days prior to termination. No refund of subscription fee, if applicable, will be paid pursuant to such termination by you.

Without limiting MindArk's, Independent Service Provider's or MindArk’s Planet Partner(s)’ other applicable legal remedies against you, if you fail to comply with the restrictions and limitations of this agreement or the agreements it incorporates by reference or otherwise breach this agreement, MindArk may immediately terminate this agreement, and, when applicable your Entropia Universe account with or without prior notice to you.

Miscellaneous

1 . Force Majeure . A party will not be responsible for not complying with this agreement if they prove that such non-compliance was caused by an impediment, which was unforeseeable at time of subscription, and outside his reasonable control (“Force Majeure”), including without limitation, strikes, terrorist attacks, war, governmental or regulatory actions, natural disasters, unforeseeable supply, transport or production problems affecting MindArk ’s contractors. If the Force Majeure event lasts longer than sixty (60) days then each party shall have the right to terminate this agreement.

2. No waiver . The failure by either party to enforce any provisions of this agreement or to exercise any right in respect thereto shall not be construed as constituting a waiver of its rights thereof.

3. Severability . In the event any article or provision of this Agreement should under any applicable legislation or trade practice be held to be illegal, null or void such clause or provision shall not affect the validity of the remaining articles of this Agreement.

4. Choice of law and disputes . This Agreement shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law rules. All disputes, differences or questions arising out of or in connection with this Agreement shall be finally settled by a Swedish court.