fo0d
Old Alpha
- Joined
- Oct 9, 2008
- Posts
- 834
- Location
- Italy
- Society
- The Disturbed Ones
- Avatar Name
- Freddy fo0d Kreuger
Before actually filing a support case and disturb a MindArk employee, I would like to ask the all-knowing-bunch who reside in the EF forum some information in regards to some points of the EULA.
Below a part of the EULA, in blue the parts which I believed interesting, in red my doubts/questions.
Entropia Universe End User License Agreement (EULA)
2009-08-18
End User License Agreement
This End User License Agreement (“EULA” or "Agreement") is made between You (defined below as a "Participant" and/or "You"), who wish to use the Entropia Universe System and the Entropia Universe Services (both defined below) and MindArk PE AB (publ) ("MindArk"), a Swedish corporation having its principle place of business at Jarntorget 8, SE-41304 Gothenburg, Sweden.
4. Ownership and Proprietary Rights
4.1 MindArk’s Proprietary Rights
The Entropia Universe and the Entropia Universe System, including, but not limited to, computer code, text, graphics, audio files, logotypes, button icons, images, characters, items, concepts, data compilation and software, is the property of or controlled or licensed by or to MindArk and/or MindArk’s Planet Partner(s) and protected by Swedish and international intellectual property rights laws.
MindArk®, MindArk PE™, Project Entropia™, Entropia Universe®, Mindbank®, Entropia Platform™ and other names and marks indicated in Entropia Universe and/or on MindArk’s and Entropia Universe’s websites (at www.mindark.com and at www.entropiauniverse.com) are trademarks of MindArk. Any Entropia Universe and/or MindArk design and any other, graphics, logotypes or icons that appear in Entropia Universe and/or on MindArk’s and Entropia Universe’s websites are trademarks of MindArk and/or respective MindArk’s Planet Partner(s).
Virtual items are fictional in-world graphical objects with a predefined set of parameters in Entropia Universe and will often have names similar or identical to corresponding physical categories such as "people", "real estate", "possessions”, “currency”, “cloths” and the names of specific items in those categories such as "house", "rifle", "tools", "armor", “coat”, “money” etc. (“Virtual Items”). Despite the similarity in terminology, all Virtual Items, including virtual currency, are part of the Entropia Universe System and/or features of the Entropia Universe, and MindArk and/or respective Mindark’s Planet Partner(s) retains all rights, title, and interest in all parts including, but not limited to Avatars, Skills and Virtual Items. These retained rights include, without limitation, patent, copyright, trademark, trade secret and other proprietary rights throughout the world. Notwithstanding any other language or context to the contrary, as used in this EULA and/or in the Entropia Universe in the context of Virtual Items, You expressly acknowledge that all terms like “exchange of”, “trade with”, “purchase of”, “sale of” or “use of” Virtual Items, and all similar terms in context of transactions with Virtual Items, refers to the licensed right to use a certain feature of the Entropia Universe or the Entropia Universe System in accordance with the terms and conditions of this EULA.
As part of Your interactions with the Entropia Universe, You may also, “construct”, “craft”, “compile”, “design”, “modify” or in any other way “create” Virtual Items. Notwithstanding any other language or context to the contrary, as used in this EULA and/or in the Entropia Universe in the context of the in-world creation of Virtual Items, You expressly acknowledge that You do not obtain any ownership right or interest in the Virtual Item You “create” but all such terms refer to the licensed right to use a certain feature of the Entropia Universe System or the Entropia Universe in accordance with the terms and conditions of this EULA. For clarity, MindArk and/or the respective MindArk’s Planet Partner retains all rights, title and interest to all Virtual Items You create in-world.
Those this actually mean that even though you officially have an account in their systems and you virtually have a virtual series of objects in game per avatar, you never truly own the objects? Does this mean that, at least in theory, MA does have a right to "delete" any object in your inventory?
The Entropia Universe contains different systems, including but not limited to the services available via the Ad-System, Chat-System, Messaging-System, Land management System and Event System, that allow You to insert, use or create content, for example, text, graphics, audio and video in the Entropia Universe System. Subject to the following paragraph (Participant Content), You hereby grant MindArk the worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights for any said content, including, but not limited to, user-to-user communications.
User-to-User comunication, I would assume that would be "chatting". In theory this would mean that MA is allowed to view player conversations and store them?
Participant Content. The Entropia Universe even incorporates a communication system that allows You to submit images, videos, films, texts and other communications that can be then viewed by other Participants ("Participant Content"). MindArk provides You with the hosting services for said Participant Contents (the “Participant Content System”). For more information regarding Your rights and obligations concerning Participant Content and the Participant Content System please read Mindark’s Participant Content Policy.
6. MINDARK'S LIMITATION OF LIABILITY
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 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.
If for some reason all user data stored in their systems is lost... it's just lost? That's the end of it?
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.
If MindArk ever decides to close, we will not be able to ask for anything more than the amount we have deposited in game over the last six months?
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.
I might have misunderstood the above contents of the EULA, after all English is not my mother-tongue. Are there parts of the EULA I might have skipped in which the End User is protected by the agreement?
Has the EULA ever been discussed with MA officials in the history of Entropia ?
Thanks for your time guys.
Below a part of the EULA, in blue the parts which I believed interesting, in red my doubts/questions.
Entropia Universe End User License Agreement (EULA)
2009-08-18
End User License Agreement
This End User License Agreement (“EULA” or "Agreement") is made between You (defined below as a "Participant" and/or "You"), who wish to use the Entropia Universe System and the Entropia Universe Services (both defined below) and MindArk PE AB (publ) ("MindArk"), a Swedish corporation having its principle place of business at Jarntorget 8, SE-41304 Gothenburg, Sweden.
4. Ownership and Proprietary Rights
4.1 MindArk’s Proprietary Rights
The Entropia Universe and the Entropia Universe System, including, but not limited to, computer code, text, graphics, audio files, logotypes, button icons, images, characters, items, concepts, data compilation and software, is the property of or controlled or licensed by or to MindArk and/or MindArk’s Planet Partner(s) and protected by Swedish and international intellectual property rights laws.
MindArk®, MindArk PE™, Project Entropia™, Entropia Universe®, Mindbank®, Entropia Platform™ and other names and marks indicated in Entropia Universe and/or on MindArk’s and Entropia Universe’s websites (at www.mindark.com and at www.entropiauniverse.com) are trademarks of MindArk. Any Entropia Universe and/or MindArk design and any other, graphics, logotypes or icons that appear in Entropia Universe and/or on MindArk’s and Entropia Universe’s websites are trademarks of MindArk and/or respective MindArk’s Planet Partner(s).
Virtual items are fictional in-world graphical objects with a predefined set of parameters in Entropia Universe and will often have names similar or identical to corresponding physical categories such as "people", "real estate", "possessions”, “currency”, “cloths” and the names of specific items in those categories such as "house", "rifle", "tools", "armor", “coat”, “money” etc. (“Virtual Items”). Despite the similarity in terminology, all Virtual Items, including virtual currency, are part of the Entropia Universe System and/or features of the Entropia Universe, and MindArk and/or respective Mindark’s Planet Partner(s) retains all rights, title, and interest in all parts including, but not limited to Avatars, Skills and Virtual Items. These retained rights include, without limitation, patent, copyright, trademark, trade secret and other proprietary rights throughout the world. Notwithstanding any other language or context to the contrary, as used in this EULA and/or in the Entropia Universe in the context of Virtual Items, You expressly acknowledge that all terms like “exchange of”, “trade with”, “purchase of”, “sale of” or “use of” Virtual Items, and all similar terms in context of transactions with Virtual Items, refers to the licensed right to use a certain feature of the Entropia Universe or the Entropia Universe System in accordance with the terms and conditions of this EULA.
As part of Your interactions with the Entropia Universe, You may also, “construct”, “craft”, “compile”, “design”, “modify” or in any other way “create” Virtual Items. Notwithstanding any other language or context to the contrary, as used in this EULA and/or in the Entropia Universe in the context of the in-world creation of Virtual Items, You expressly acknowledge that You do not obtain any ownership right or interest in the Virtual Item You “create” but all such terms refer to the licensed right to use a certain feature of the Entropia Universe System or the Entropia Universe in accordance with the terms and conditions of this EULA. For clarity, MindArk and/or the respective MindArk’s Planet Partner retains all rights, title and interest to all Virtual Items You create in-world.
Those this actually mean that even though you officially have an account in their systems and you virtually have a virtual series of objects in game per avatar, you never truly own the objects? Does this mean that, at least in theory, MA does have a right to "delete" any object in your inventory?
The Entropia Universe contains different systems, including but not limited to the services available via the Ad-System, Chat-System, Messaging-System, Land management System and Event System, that allow You to insert, use or create content, for example, text, graphics, audio and video in the Entropia Universe System. Subject to the following paragraph (Participant Content), You hereby grant MindArk the worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights for any said content, including, but not limited to, user-to-user communications.
User-to-User comunication, I would assume that would be "chatting". In theory this would mean that MA is allowed to view player conversations and store them?
Participant Content. The Entropia Universe even incorporates a communication system that allows You to submit images, videos, films, texts and other communications that can be then viewed by other Participants ("Participant Content"). MindArk provides You with the hosting services for said Participant Contents (the “Participant Content System”). For more information regarding Your rights and obligations concerning Participant Content and the Participant Content System please read Mindark’s Participant Content Policy.
6. MINDARK'S LIMITATION OF LIABILITY
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 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.
If for some reason all user data stored in their systems is lost... it's just lost? That's the end of it?
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.
If MindArk ever decides to close, we will not be able to ask for anything more than the amount we have deposited in game over the last six months?
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.
I might have misunderstood the above contents of the EULA, after all English is not my mother-tongue. Are there parts of the EULA I might have skipped in which the End User is protected by the agreement?
Has the EULA ever been discussed with MA officials in the history of Entropia ?
Thanks for your time guys.
Last edited: