6. MINDARK'S LIMITATION OF LIABILITY
MINDARK, ITS EMPLOYEES, OFFICERS AND DIRECTORS, ITS AFFILIATES AND SUBSIDIARIES 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 TO ATTORNEY FEES, LOSS 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 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 LIABILITY TOWARDS ANY PARTICIPANT SHALL, IF ACKNOWLEDGED, IN EACH INCIDENCE BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT TRANSFERRED INTO THE INVOLVED ACCOUNT BY SAID PARTICIPANT UNDER THE 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 Paragraph 4.1 above).
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.
7. 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:
(i) 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;
(ii) that You are non–compliant with any applicable law, regulations, agreement or other legal obligation, and/or;
(iii) 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.
8. Breach of License
Without limiting MindArk's legal remedies, if You fail to comply with the restrictions and limitations of the license herein (see Paragraphs 2-4 above) or if You otherwise breach this EULA 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 ToU agreement. If Your Account was terminated for any reason, MindArk is under no obligation to provide You with a new license to use the Entropia Universe System in the future.
9. Equitable Relief
Participant recognizes and acknowledges that any breach of or threat to breach this Agreement by Participant may cause MindArk irreparable harm for which monetary damages may be inadequate. Participant agrees, therefore, that MindArk shall be entitled to an injunction, without posting bond or undertaking and without proof of actual damages, to restrain Participant 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.
