EntropiaUniverse End User License Agreement (EULA) Updated Feb. 6th 2007

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ENTROPIA UNIVERSE END USER LICENSE AGREEMENT (EULA)
2007-02-06

This Agreement ("Agreement") is made by and between MindArk PE AB (publ) ("MindArk") and the Participant ("Participant" and/or "You") who wishes to use the Entropia Universe.

By accepting this Agreement, the Participant agrees to it in its entirety, effective immediately.

MindArk owns the software and the system, identified as the Entropia Universe ("System").

In consideration of the promises set forth herein, the parties hereto agree as follows:

1. Arrangement
This Agreement is a legal document that details your rights and obligations as an Entropia Universe Participant, entitled to a Participant account, and access to use certain MindArk services. You cannot become an Entropia Universe Participant until you have accepted the terms of this Agreement. You hereby acknowledge that your use of the Entropia Universe constitutes your acceptance of this Agreement.

MindArk agrees to provide the Entropia Universe "as is" to the Participant. All use of the Entropia Universe is only allowed according to the terms and conditions set forth herein. All use not in accordance with this Agreement is specifically forbidden.

This Agreement is your entire agreement with MindArk and governs your use of the System. By accepting this Agreement you also agree to any additional terms and conditions that may arise from usage of affiliate systems, other MindArk systems or products, or third-party software and/or systems.

To qualify as a 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 partake, but only if your account was created and registered by your parent or guardian. Any rights you might have according to this Agreement will be void and without effect, and you will not be entitled access to the Entropia Universe, if you do not satisfy the age requirement.

2. Description
MindArk provides the Entropia Universe as a service, described as a virtual universe. The Entropia Universe is not a "game".

Upon completion of the registration process, you will choose your password ("Password"), your login ("Login") and your Entropia Universe account ("Account") that are uniquely associated with your participation. A Participant may only have one Account. All of your access to the system will be through that Account, except as otherwise set forth in this Agreement. An Account supplies access to MindArk's online virtual universe. In the virtual universe you will be able to interact with other participants and online constructs. Your interactions will be through an "Avatar", or virtual persona/alter-ego, and are regulated by the Rules of Conduct section below.

You agree to obey the limits set on your Account by your category of participation. You further agree to obey the Rules of Conduct. Violation of the Rules of Conduct may result in termination of your Account.

3. Participant Account
To participate in the Entropia Universe, you must provide current, complete and accurate information, including, without limitation to, information such as your name, address, telephone number and e-mail address in each part of your Account application, and your bank account and/or credit/debit card information in the case of depositing or withdrawing funds from the Entropia Universe ("Self-Registered Personal data"). Your Personal Data will be protected by MindArk according to Section 4 of this Agreement. You agree to update any registration information that you provide whenever it is changed so that MindArk's records are also correct. MindArk reserve the right to terminate your Entropia Universe Account if you provide false or misleading information.

MindArk and its affiliates reserve the right, at their sole discretion, to refuse approval of an Account, to refuse access to an Account, to terminate an Account and to remove, edit or add content, without notice.

You are solely responsible for preserving the confidentiality of your Account, your Login and Password, and for restricting access to your Account and to your computer. MindArk never ask for this information and all communication with MindArk is conducted through the secure Support section, located at the Entropia Universe website.

You agree to accept personal liability for all actions that occur through your Account or through the use of your Login and/or Password, whether done by you or by someone else using your Account. 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 Password and/or Login, you have relinquished your right to any assistance regarding the possible outcomes or consequences based upon your actions. Your Account may be terminated if you let someone else use it inappropriately. If your Account is terminated for any reason, MindArk is under no obligation to provide you a license to use the Entropia Universe in the future.

4. Privacy
MindArk gives access to a virtual universe to Participants all over the world. A Participant may choose to appear with his or her own name or use a nickname in the virtual universe. A Participant is able to interact with none, few or many other Participants. MindArk intends to keep the identity of each Participant private to him or herself and to handle your Self-Registered Personal Data confidentially and according to MindArk's Privacy Policy, which can be found at the Entropia Universes website.

The Entropia Universe incorporates technology of Massive Incorporated ("Massive") that enables certain In-World objects (e.g. advertising) to be temporarily uploaded to your pc or console and replaced In-World while connected online. As part of that process, no personally identifiable information about you is collected and only select non-personally identifiable information is temporarily logged. No logged information is used to determine any personally identifiable information about you. For full details visit http://www.massiveincorporated.com/privacy.htm.

MindArk registers Participants Self-Registered Personal Data as well as certain automatically collected anonymous information, such as IP address and some information about your hardware and related drivers ("Automatically-Registered Personal Data") to provide a better service, for the necessity of transferring funds between MindArk and the Participant, and for the purposes of identity verification, detection and counteraction of fraud and Agreement violations and in order to balance the load on the System. By your acceptance and use of the Entropia Universe and by providing MindArk and/or MindArk affiliates with your Personal Data, you hereby consent to and approve of the collection, processing and storage of your Personal Data, its transmission to MindArk affiliates and its use for these purposes.

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 Data.

5. License
The Participant acknowledges that he or she shall have only a limited, non-exclusive, license to access and make personal use of the Entropia Universe. The Participant acknowledges and agrees that he or she will not use the Entropia Universe for any illegal purpose according to any law, local, national or international. The Participant agrees that he or she will use the Entropia Universe carefully and will not use it in any way that might result in any loss of his or her or any Third Party's property, information or other legal right. MindArk will not take any responsibility if this should occur.

The Participant agrees not to translate, modify, copy, printout, disassemble, de-compile or otherwise tamper with the Entropia Universe system, code, or any firmware, circuit board or software provided therewith. The Participant also agrees not to hack into or interfere with any data communication to or from the Entropia Universe servers, clients, and systems, as well as not to use any other software than the Entropia Universe Client to interpret or influence data sent to or from the Entropia Universe server and client systems. The Participant also agrees upon not using any Third Party software or equipment that influences the Entropia Universe in any way. The Participant agrees upon not tampering, removing (except complete uninstallation), adding, or changing the installed Entropia Universe Client Software and its associated files in any way whatsoever.

6. Account Inactivity and Account Termination
MindArk may terminate this Agreement upon notice to the Participant. Such termination may be made without reason, and may be for one or more Participants.

MindArk reserves the right, pursuant to the conditions set forth in Section 17, to terminate your Account and this Agreement without notice, at MindArk's sole discretion, if you fail to comply with the terms of this Agreement.

In the event that your Account is locked or terminated, no refund will be granted. Any delinquent or unresolved issues relating to former participation must be resolved before MindArk will permit you to have a new Account.

You acknowledge and agree that your Entropia Universe Account will be deemed inactive if it is not used for a period of three hundred and thirty (330) consecutive days. Upon verification of your identity, MindArk may, at MindArk's sole discretion, reactivate your Account.

You further acknowledge and agree that your Entropia Universe Account will be purged if is not used for a period of five hundred and ten (510) consecutive days. Upon purging your Account, all your item(s) will be sold for their Trade Terminal (TT) value and the funds will be transferred to the PED balance of your Account.

In addition, your virtual real estate will be reclaimed by MindArk and your Avatar skills will be erased. You will never be able to retrieve the items, estate deeds or skills that were purged due to Account inactivity.

If you wish to cancel your Account at any time, you can do so by filing a request through the Support Section of the Entropia Universe website. MindArk reserves the right to collect fees, surcharges or costs incurred before you cancel your Account. In addition, you are responsible for any charges incurred to Third-Party vendors or content providers prior to your cancellation.

MindArk reserve the right to reactivate an Account, at MindArk's sole discretion, upon fulfillment of required identity verification or other conditions.

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 ownership, proprietary rights, warranty disclaimers and liability and remedy limitations. 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.

7. Ownership
The System, including, but not limited to, computer code, text, graphics, audio files, logos, button icons, images, characters, items, concepts, data compilation and software, is the property of MindArk and protected by Swedish and international copyright laws.

MindArk, MindArk PE, Project Entropia, Entropia Universe and other marks indicated on the Entropia Universe’s website are registered trademarks of MindArk in Sweden. Any Entropia Universe design and any other MindArk graphics, logos or button icons are trademarks of MindArk.

Virtual items will often have names similar or identical to corresponding physical categories such as "people," "real estate," "possessions," and the names of specific items in those categories such as "house," "rifle," "tools," "armor," etc. Despite the similar names, all virtual items are part of the System and MindArk retains all rights, title, and interest in all parts including, but not limited to Avatars and Virtual Items; these retained rights include, without limitation, patent, copyright, trademark, trade secret and other proprietary rights throughout the world.

As part of your interactions with the System, you may acquire, create, design, or modify Virtual Items, but you agree that you will not gain any ownership interest whatsoever in any Virtual Item, and you hereby assign to MindArk all of your rights, title and interest in any such Virtual Item.

You hereby grant MindArk the worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights for any content you may upload to the Entropia universe, including, but not limited to, user-to-user communications.

8. Transactions between Participants
The Entropia Universe is fitted with an economy system that enables Participants to carry out secure transactions with other Participants, in which buyers and sellers exchange Virtual Items, Virtual Funds and Real-Life Items (the "Approved Transaction").

You acknowledge that any exchange carried out using any Non-Approved transaction procedure is at your own risk. MindArk reserves the right to take any 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 terminating a directly or indirectly involved Account, if MindArk judges that the Transaction was not performed in compliance to this Agreement.

Additional terms shall apply upon any transaction with Real-Life Items between you and Third Parties. For further information see Third Party's Items Purchase Agreement, available when making transactions with Real-Life items within the Entropia Universe.

9. Participant Content
The Entropia Universe allows images, videos and other communications submitted by Participants ("Participant Content") and the hosting of such Participant Contents.

In connection with Participant Content, you agree that you will not: (a) submit materials that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have 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, libelous, defamatory, obscene, threatening, pornographic, hateful, harassing, racially or ethnically offensive, or encourages conduct considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or business solicitations not related to participation in the Entropia Universe; (e) copy materials submitted by other Participants; (f) tamper or interact with the hosting facilities provided by MindArk in any way other than through the uploading and deleting functions provided through the Entropia Universe.

MindArk reserves the right to remove Participant Content without prior notice.

MindArk does not permit copyright infracting activities and infraction of intellectual property rights in the Entropia Universe, and MindArk will remove all Participant Content when properly notified that such Participant Content infracts on another's intellectual property rights.

MindArk also reserves the right to decide whether a Participant Content is appropriate and complies with this Agreement for violations other than copyright infraction and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, excessive length or any offensive behaviors described in §17 of this Agreement. MindArk may remove such Participant Content and/or terminate a Participant's access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.

10. MINDARK'S WARRANTIES
MINDARK REPRESENTS AND WARRANTS THAT IT HAS THE REQUISITE RIGHT AND LEGAL AUTHORITY TO GRANT THE LICENSE AND TO PROVIDE THE ENTROPIA UNIVERSE. THE ENTROPIA UNIVERSE IS PROVIDED TO YOU "AS IS". THE ENTROPIA UNIVERSE IS NOT WARRANTED BY MINDARK TO BE ERROR OR BUG FREE. MINDARK MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE ENTROPIA UNIVERSE. ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11. 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 and that any principles of conflicts of laws will not be applicable with regards to this Agreement.

12. Accounts and Funds Transfers
The Participant may deposit funds and may withdraw funds from his or her PED Card. MindArk may refuse a withdrawal, if unable to verify or authenticate any information you provide or if it is suspected that the withdrawal may involve fraudulent activity. MindArk acknowledges the responsibility to maintain records of all funds transactions. MindArk's transaction records shall be conclusive proof of the transaction carried out to or from your PED card. Account deficits in any situation apart from those described herein are the responsibility of the Participant. MindArk accepts no responsibility for funds misplaced or misused in any incidence, regardless of reason.

All funds transactions into or from the Entropia Universe must be through MindArk's Approved Transaction system. For further information please see the "Deposit" and/or "Withdrawal" sections of the Entropia Universe website.

Additional terms shall apply to any funds withdrawals using the Entropia Universe Cash Card. For further information see the Cash Card Holder Agreement at the Entropia Universe website.

13. MINDARK'S LIMITATION OF LIABILITY
MindArk provide the software platform Entropia Universe, a virtual universe where Participants are free to choose the course of action they wish to pursue.

YOU AGREE TO NOT HOLD MINDARK AND AFFILIATED SUBSIDIARIES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, TELECOMMUNICA-TIONS PROVIDERS AND CONTENT PROVIDERS LIABLE FOR ANY CLAIMS AND EXPENSES, INCLUDING ATTORNEYS FEES, THAT ARISE FROM A BREACH OF THIS AGREEMENT OR ARE MADE BY OTHER PARTICIPANTS RELATED TO YOUR USE OF THE ENTROPIA UNIVERSE OR THE INTERNET, OR IN CONNECTION WITH YOUR TRANSMISSION OF ANY CONTENT USING THE ENTROPIA UNIVERSE.

MINDARK SHALL, 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 ARISING FROM THE USE OF THE ENTROPIA UNIVERSE. MINDARK'S LIABILITY TOWARDS ANY PARTICIPANT SHALL, IF ACKNOWLEDGED, IN EACH INCIDENCE BE LIMITED TO NO MORE THAN THE INITIAL AMOUNT TRANSFERRED BY SAID PARTICIPANT INTO THE ENTROPIA UNIVERSE.

YOU ACKNOWLEDGE THAT MINDARK SHALL NOT BE LIABLE TO YOU FOR THE LOSS OF ANY DATA OR ELECTRONIC FILES, INCLUDING, BUT NOT LIMITED TO, ACCOUNT, AVATAR AND ITEMS, FOR ANY REASON WHATSOEVER INCLUDING, BUT NOT LIMITED TO, SERVER FAILURE, INTERRUPTIONS, INTERNET LATENCY, VIRUSES, DEFECTS, ERRORS, AND NEGLIGENT ACT OF MINDARK AND/OR ITS AFFILIATES.

MindArk's failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement.

MindArk reserves the right to interrupt the Entropia Universe with or without prior notice for any reason or no reason. You agree that MindArk will not be liable for any interruption of the Entropia Universe, delay or failure to perform.

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.

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.

14. No Assignment
This Agreement is not assignable by you and shall be binding upon and inured to the benefit of the parties and their respective administrators, successors and assigns.

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

16. Changes to the System
MindArk may, at any time, update, revise or change the internal data and balancing of the System, without any notice or responsibility for compensation due to loss or gain of value due to these changes.

17. Rules of Conduct
All users of the Entropia Universe are real people interacting in the form of avatars. Consider the feelings of other people in what you say and do. You are relating to a real person, not a computer character. Think before you speak and act or you may make mistakes that will prevent you from making friends and becoming part of the larger community. Treat others like you want to be treated. Show respect. Speak up for your opinions, but don't insult other people. Harassment, defamation, abuse, or threats against others through words, pictures or actions are not allowed and could result in Account suspension or termination.

AS A PARTICIPANT IN THE VIRTUAL UNIVERSE OF THE ENTROPIA UNIVERSE YOU MUST ABIDE BY THE FOLLOWING RULES. IF YOU VIOLATE ANY OF THESE RULES, YOUR POSSIBILITY TO PARTICIPATE IN ENTROPIA UNIVERSE MAY BE IMMEDIATELY TERMINATED BY MINDARK WITHOUT ANY CLAIMS WHATSOEVER.

a. You cannot impersonate any member of the MindArk staff, or fellow Participants. You cannot impersonate being a MindArk staff member, employee, or claim having association with MindArk if you don't really are/have one. You cannot create any society that would indicate such links.

b. You cannot threaten, harass, cause grief or distress to any MindArk staff in or outside the virtual universe, including, but not limited to, IRC channels or public web forums.

c. You cannot interfere with any other Participant's ability to enjoy the Entropia Universe according to its rules.

d. You cannot harass, threaten and cause grief or distress to another Participant in the Entropia Universe.

e. You are forbidden to 'spam' and/or 'flood' the communication system or abuse functions in the Entropia Universe to cause effects not intended.

f. You cannot use sexually explicit or offensive language. You cannot post or communicate any defamatory content.

g. You cannot create virtual universe avatars hosting an explicit, racist, hateful, degrading, religious, sexual or other form of offensive alias.

h. You cannot use the Entropia Universe to commit any illegal action and/or infringe any local, national or international laws intentionally or unintentionally.

i. You cannot use hateful language towards another Participant's gender, race, sexual orientation, intelligence, or religion.

j. You are not allowed to create societies that are based on any sexist, racist, degrading or hateful philosophy directed towards real life companies, persons or organizations.

k. You cannot engage in or communicate about any illegal activities, including pirated material, narcotics or contraband.

l. You cannot use the official Entropia Universe site and/or virtual environment to supply the means of access to illegal software or materials.

m. You must report errors and bugs to MindArk whenever you discover them. Neglecting to report errors or bugs, or using bugs, slow connection, Internet latency, or 'exploits' for own benefits may result in a termination of your Account, including its Virtual Items, funds, and abilities.

n. You cannot spread any rumors about MindArk, the Entropia Universe, and MindArk Staff or Partners, that can be considered potentially damaging, using the Entropia Universe, IRC or any other public forums in any media now known or not currently known, including but not limited to a web space.

o. You cannot post or convey any Entropia Universe Participant's Personal Data and/or Account information, including, but not limited to, login info, in, on or outside the Entropia Universe.

You are solely responsible for any information that you provide to MindArk in the registration process, to MindArk or to another Entropia Universe Participant in any public message forum or in any other communication. You acknowledge that MindArk operates as a passive conduit for your information and communications.

YOU ACKNOWLEDGE THESE RULES AND AGREE TO ABIDE BY THEM. YOU ALSO AGREE THAT YOU ARE RESPONSIBLE FOR YOUR ENTROPIA UNIVERSE ACCOUNT AND THESE SAME RULES APPLY TO ANYBODY YOU ALLOW TO USE YOUR ACCOUNT.


18. Breach of the Agreement
Without limiting MindArk's legal remedies, if you violate any part of this Agreement or the documents it incorporates by reference, your Account may be terminated, locked, or warned in the form of a temporary lockdown. Any action taken against your Account due to a violation is the decision of MindArk and is final. Any claims, Virtual Items, funds, etc, located on a locked avatar Account will be forfeited and any fund transactions pending will be revoked. Upon verification of your identity, MindArk may, at MindArk's sole discretion, reactivate your Account.

You agree to indemnify MindArk upon its request against any liability, claim and cost arising from breach of this Agreement or in connection with the use of your Account.

19. Additional terms
Additional terms and conditions are incorporated into this agreement by the following documents:
a. Third Party's Items Purchase Agreement
b. Cash Card Holder Agreement
c. Privacy Policy

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

By accepting this Agreement and becoming a Participant you agree that MindArk may, at any time, update, revise or change this Agreement. If MindArk makes material changes or revisions to this Agreement, MindArk will provide notice to you, via the e-mail address you provided upon registration. Your 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 cancel your Account and cease using the Entropia Universe.
 
I am so paranoid, I ran both versions through a document comparison tool.

New section 9:

Participant Content
The Entropia Universe allows images, videos and other communications submitted by Participants ("Participant Content") and the hosting of such Participant Contents.

In connection with Participant Content, you agree that you will not: (a) submit materials that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have 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, libelous, defamatory, obscene, threatening, pornographic, hateful, harassing, racially or ethnically offensive, or encourages conduct considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or business solicitations not related to participation in the Entropia Universe; (e) copy materials submitted by other Participants; (f) tamper or interact with the hosting facilities provided by MindArk in any way other than through the uploading and deleting functions provided through the Entropia Universe.

MindArk reserves the right to remove Participant Content without prior notice.

MindArk does not permit copyright infracting activities and infraction of intellectual property rights in the Entropia Universe, and MindArk will remove all Participant Content when properly notified that such Participant Content infracts on another's intellectual property rights.

MindArk also reserves the right to decide whether a Participant Content is appropriate and complies with this Agreement for violations other than copyright infraction and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, excessive length or any offensive behaviors described in §17 of this Agreement. MindArk may remove such Participant Content and/or terminate a Participant's access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.


Insertion into renumbered section 13 (was 12):

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.

There are quite a few other minor amendments, but these are all either spelling corrections or minor rephrasings that don't change the meaning of the clauses.
 
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OHHHH MYYYY GODDDDDDD...... Just Kidding, sounds pretty standard from what i have read so far, shouldnt be too much of a strech from the original with amendments for all the new custom design and advertising...
 
Thanks a bunch Midori. :thumbup:

Was gonna ask if anyone had noted the changes. +Rep :)
 
I am so paranoid, I ran both versions through a document comparison tool.
(...)

Midori, could you please check if these paragraphs are new? :

EULA said:
As part of your interactions with the System, you may acquire, create, design, or modify Virtual Items, but you agree that you will not gain any ownership interest whatsoever in any Virtual Item, and you hereby assign to MindArk all of your rights, title and interest in any such Virtual Item.

You hereby grant MindArk the worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights for any content you may upload to the Entropia universe, including, but not limited to, user-to-user communications.

So, if I submit any kind of art work to the system, I lose forever the copyright?. Does not sound very attractive to me...

/jdegre.
 
Midori, could you please check if these paragraphs are new? :

If they aren't in the new sections I posted above, then they were in the old EULA as well. The only changes I haven't posted are minor ones like changing "assault" to "insult", "receive password" to "Choose password" and "during" to "for a period of".

This will probably be my last post for a few hours as I will need to go out to work soon. :rolleyes:
 
A very, very unwelcome EULA ..

"As part of your interactions with the System, you may acquire, create, design, or modify Virtual Items, but you agree that you will not gain any ownership interest whatsoever in any Virtual Item, and you hereby assign to MindArk all of your rights, title and interest in any such Virtual Item.

You hereby grant MindArk the worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights for any content you may upload to the Entropia universe, including, but not limited to, user-to-user communications. "
 
A very, very unwelcome EULA ..

"As part of your interactions with the System, you may acquire, create, design, or modify Virtual Items, but you agree that you will not gain any ownership interest whatsoever in any Virtual Item, and you hereby assign to MindArk all of your rights, title and interest in any such Virtual Item.

You hereby grant MindArk the worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights for any content you may upload to the Entropia universe, including, but not limited to, user-to-user communications. "

I was just noticing that bit. Midori says it isn't new, and i vaguely recall similar stuff before (but thought it irrelevant at the time), but in light of this VU it sounds pretty heavy-handed and unlikely to encourage serious participation.
 
I also noticed the quirky email about watching out for a peculiar date in the EULA. I noticed it was my birthdate.
 
Interesting

Those things in red and bold...I will explain in Laymen's terms, and interpret the legalese. Its good to know what you are agreeing to, especially since money is involved.


ENTROPIA UNIVERSE END USER LICENSE AGREEMENT (EULA)
2007-02-06



As part of your interactions with the System, you may acquire, create, design, or modify Virtual Items, but you agree that you will not gain any ownership interest whatsoever in any Virtual Item, and you hereby assign to MindArk all of your rights, title and interest in any such Virtual Item.

(Interpretation: The definition of virtual items, as inferred by the EULA, is anything that your avatar can acquire in the game (Armor, Weapons, Equipment, and even virtual real estate can be considered items in this context). You may have paid for your item. You may have worked for your item. You may have bought a virtual deed that says you "own" the item....but in fact, MA owns everything. Further, by accepting the terms, you agree to this. If these items should disappear, be taken away...INCLUDING VIRTUAL REAL ESTATE (which is considered a virtual item)...you would have no rights to be reimbursed. You have assigned all of your rights to said items to MA. In so much as you have done so, you have no right to get your money out of said item. If it disappears, so can your money...if MA so chooses. This means, in theory and for example, if you own a large space station, and MA chooses to take it away, it is their right. You have no ownership rights to this property. So, this is a risk if you deposit lots of cash. This would also legally include "virtual licenses", which MA could take away at their discretion. In actuality, you have no cash interest in any item. Its a small paragraph with a big meaning.)



10. MINDARK'S WARRANTIES
MINDARK REPRESENTS AND WARRANTS THAT IT HAS THE REQUISITE RIGHT AND LEGAL AUTHORITY TO GRANT THE LICENSE AND TO PROVIDE THE ENTROPIA UNIVERSE. THE ENTROPIA UNIVERSE IS PROVIDED TO YOU "AS IS". THE ENTROPIA UNIVERSE IS NOT WARRANTED BY MINDARK TO BE ERROR OR BUG FREE. MINDARK MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE ENTROPIA UNIVERSE. ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.



(Interpretation: If it is broken....you have no rights. If the items you paid for with your PEDs doesn't work as expected.......too bad!


11. 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 and that any principles of conflicts of laws will not be applicable with regards to this Agreement.


(Interpretation: If you wanna take them to court, the jurisdiction is Sweden)

12. Accounts and Funds Transfers
The Participant may deposit funds and may withdraw funds from his or her PED Card. MindArk may refuse a withdrawal, if unable to verify or authenticate any information you provide or if it is suspected that the withdrawal may involve fraudulent activity. MindArk acknowledges the responsibility to maintain records of all funds transactions. MindArk's transaction records shall be conclusive proof of the transaction carried out to or from your PED card. Account deficits in any situation apart from those described herein are the responsibility of the Participant. MindArk accepts no responsibility for funds misplaced or misused in any incidence, regardless of reason.


(InterpretationL If you withdraw money, MA can ID you to make sure you are the person holding the account. Further, MA keeps the records. Their records are the proof that you got your money, regardless of whether you have received these funds or not. Any account deficits are not MA's problem....unless described in this document. Please note that their are NO descriptions in which MA is liable for any deficits. If the funds do not make it to your bank, regardless of its your fault or theirs, MA accepts no responsibility. If you don't get your money, and MA says you did...their records will offer the final say. If their records say you got the money...then the issue is resolved.)


All funds transactions into or from the Entropia Universe must be through MindArk's Approved Transaction system. For further information please see the "Deposit" and/or "Withdrawal" sections of the Entropia Universe website.

(Interpretation: Don't buy things outside of the game.)



MINDARK SHALL, 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 ARISING FROM THE USE OF THE ENTROPIA UNIVERSE. MINDARK'S LIABILITY TOWARDS ANY PARTICIPANT SHALL, IF ACKNOWLEDGED, IN EACH INCIDENCE BE LIMITED TO NO MORE THAN THE INITIAL AMOUNT TRANSFERRED BY SAID PARTICIPANT INTO THE ENTROPIA UNIVERSE.

(Interpretation: If you sustain a loss (Item, Real Estate, Damage to your PC etc) The maximum MA is liable for is the amount you have INITIALLY deposited. However, as the paragraph further states, MA is liable only if they acknowledge their liability. This means if MA says there is no problem...then there is no liability.)

YOU ACKNOWLEDGE THAT MINDARK SHALL NOT BE LIABLE TO YOU FOR THE LOSS OF ANY DATA OR ELECTRONIC FILES, INCLUDING, BUT NOT LIMITED TO, ACCOUNT, AVATAR AND ITEMS, FOR ANY REASON WHATSOEVER INCLUDING, BUT NOT LIMITED TO, SERVER FAILURE, INTERRUPTIONS, INTERNET LATENCY, VIRUSES, DEFECTS, ERRORS, AND NEGLIGENT ACT OF MINDARK AND/OR ITS AFFILIATES.


(Interpretation: If you suffer any kind of damage to your computer or lose data, even if its a negligent act of an MA employee....they are not responsible. I do not know about Sweden, but in the US this disclaimer is allowed with the stipulation that the employee didn't act with malice. If there is a negligent act with malice (meaning they did it on purpose to you), this disclaimer is void. I do not know about Sweden's laws on the subject.)

MindArk's failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement.

(Interpretation: This is a worthless paragraph, since MA has already said that they are under no obligations to anyone who accepts this agreement.)



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


(Interpretation: MA told you...we don't warranty this...and if you use a helper for the game, we don't warranty that either!)


AS A PARTICIPANT IN THE VIRTUAL UNIVERSE OF THE ENTROPIA UNIVERSE YOU MUST ABIDE BY THE FOLLOWING RULES. IF YOU VIOLATE ANY OF THESE RULES, YOUR POSSIBILITY TO PARTICIPATE IN ENTROPIA UNIVERSE MAY BE IMMEDIATELY TERMINATED BY MINDARK WITHOUT ANY CLAIMS WHATSOEVER.


(Interpretation: You break the rules, we can take everything away from you)




Just in case you were wondering what it all meant....

Now don't flame me, I am not negative or positive on this....I am just interpreting.
 
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"You hereby grant MindArk the worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights for any content you may upload to the Entropia universe, including, but not limited to, user-to-user communications."


HAAAAHAAAAAHAAAAA
Man! thats funny... i got to show this to my CP guy he will laugh his ass off..

so when I as a photographer upload one of my "creations" MA think they own the rights to it?? LOL thats a nice try. but the swedish copyrightlaw is a bit tougher than that...
 
"You hereby grant MindArk the worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights for any content you may upload to the Entropia universe, including, but not limited to, user-to-user communications."


HAAAAHAAAAAHAAAAA
Man! thats funny... i got to show this to my CP guy he will laugh his ass off..

so when I as a photographer upload one of my "creations" MA think they own the rights to it?? LOL thats a nice try. but the swedish copyrightlaw is a bit tougher than that...

Read the last sentence a few times. That clause is there for the sole purpose of protecting themselves while showing your "creations" on other users computers and if by the off chance that your "creation" was in a screen shot used in one of there publicity attempts. Note the user-to-user portion is refering to duplicating your "creation" onto every other users computer screen. That is why you would upload it in the first place right?
 
I am so paranoid, I ran both versions through a document comparison tool.

New section ..............other minor amendments, but these are all either spelling corrections or minor rephrasings that don't change the meaning of the clauses.

Excellent Midori!! Thanks for that. :) + Rep'd
 
this is the part that really bugs me...

YOU ACKNOWLEDGE THAT MINDARK SHALL NOT BE LIABLE TO YOU FOR THE LOSS OF ANY DATA OR ELECTRONIC FILES, INCLUDING, BUT NOT LIMITED TO, ACCOUNT, AVATAR AND ITEMS, FOR ANY REASON WHATSOEVER INCLUDING, BUT NOT LIMITED TO, SERVER FAILURE, INTERRUPTIONS, INTERNET LATENCY, VIRUSES, DEFECTS, ERRORS, AND NEGLIGENT ACT OF MINDARK AND/OR ITS AFFILIATES.

sounds kinda odd to me....:confused: :scratch2:

Read the last sentence a few times. That clause is there for the sole purpose of protecting themselves while showing your "creations" on other users computers and if by the off chance that your "creation" was in a screen shot used in one of there publicity attempts. Note the user-to-user portion is refering to duplicating your "creation" onto every other users computer screen. That is why you would upload it in the first place right?

as you said...read the last sentence
"You hereby grant MindArk the worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights for any content you may upload to the Entropia universe, including, but not limited to, user-to-user communications."
you are stating the general idea of it yes....but as it says it allows them to claim ownership of any sort of document uploaded meaning they can do what they want with it when they want to

oh and +rep Midori
 
I'm sure there will be another EULA just for the banking license :)
Nothing new here, move along...
 
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