Entropians Instant Messenger Terms of Use
This document was created on June 30, 2008,
and last updated on July 1, 2008
Welcome and Thank You for visting Entropians.com!
By using Entropians.com, you agree to abide by the
following terms and conditions (the "Terms
of Use").
Entropians Instant Messenger Terms & Conditions
ATTENTION: This legal notice
applies to the entire contents of this website
under the domain name entropians.com and to any
associated websites owned or operated by us
("Website") and to any correspondence
by e-mail between us and you. Please read
these terms carefully before using this Website.
Using this Website indicates that you accept
these terms (regardless of whether or not
you choose to register with us). If you do
not accept these terms, do not use this Website.
This notice is issued by Entropians.com ("Entropians.com").
1. INTRODUCTION
1.1 You may access most
areas of this Website without registering
your details with us. Certain areas of this
Website are only open to you if you register.
1.2 By accessing any part
of this Website, you shall be deemed to
have accepted this legal notice in full.
If you do not accept this legal notice in
full, you must leave this Website immediately.
If you breach any of the terms in this legal
notice, your permission to use this Website
automatically terminates.
1.3 Entropians.com may revise this
legal notice at any time by updating this
posting. You should check this Website from
time to time to review the then current
legal notice, because it is binding on you.
Certain provisions of this legal notice
may be superceded by expressly designated
legal notices or terms located on particular
pages at this Website.
1.4 Entropians.com may from time
to time offer other services which may be
subject to different terms and conditions
and which will be notified to the user of
the relevant service and which will apply
to that particular service, failing which
the terms of this legal notice will apply.
2. SERVICE PROVIDED
2.1 Website is designed
to provide a communications service that
enables its users to use the latest Entropians.com
software (the " Software ") to
create a private text and/or voice chat session with another
individual or individuals, in order to communicate in real
time over the internet.
2.2 Entropians.com provides a semi-public XMPP network,
available to participants of
Entropia Universe, operated by
Mindark PE AB..
Entropians.com has no official relationship with either Mindark PE AB,
or Entropia Universe.
This website is operated as a fan site of an online computer gaming service.
3. Entropians.com INTELLECTUAL PROPERTY
3.1 Unless otherwise stated,
the copyright, trade marks and other intellectual
property rights in all material or content
supplied as part of this Website (including
without limitation photographs and graphical
images) are owned by Entropians.com. or its licensors.
You are permitted to use this material or
content only as expressly authorised in
writing by Entropians.com. Entropia Universe is a registered trademark
of Mindark PE AB. Spark is a trademark of JiveSoftware.com.
3.2 No part of this Website
may be reproduced or stored in any other
website or included in any public or private
electronic retrieval system or service without
Entropians.com's prior written permission.
3.3 Any rights not expressly
granted in these terms are reserved.
4. SERVICE ACCESS
4.1 While Entropians.com endeavours
to ensure that this Website is available
24 hours a day, Entropians.com shall not in any way
be liable if for any reason this Website
is unavailable at any time or for any period.
4.2 Access to this Website
may be suspended temporarily and without
notice in the case of system failure, maintenance
or repair or for reasons beyond Entropians.com's
control.
5. CONTENT, VISITOR, MATERIAL AND
CONDUCT
5.1 Users are required
to use the Software and Website responsibly.
5.2 You acknowledge and
agree that Entropians.com has no control whatsoever
over the information shared between users
(which may include material inappropriate
for children) ( "Content" ) and
that it is entirely your responsibility
to ensure that your accessing, copying,
use and/or dealing in any other way with
the Content is legal under any applicable
law. You undertake to satisfy yourself of
the risks involved and acknowledge that
the Content may contain technically harmful
data and/or programs including without
limitation computer viruses, logic bombs,
Trojan horses, worms, harmful components,
corrupted data or other malicious software
or harmful data) and may, amongst other
things, cause harm to your computer, your
network and/or any programs on such.
5.3 Other than personally
identifiable information, which is covered
under the Privacy Policy,
any material you transmit or post to this Website shall
be considered non-confidential and non-proprietary.
Entropians.com shall have no obligations with respect
to such material beyond those stated in the site Privacy Policy.
5.4 You are prohibited
from posting or transmitting to or from
this Website or to another user any material
or Content:
5.4.1 that is threatening,
defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable
to incite racial hatred, discriminatory,
menacing, scandalous, inflammatory, blasphemous,
in breach of confidence, in breach of
privacy or which may cause annoyance or
inconvenience;
5.4.2 for which you
have not obtained all necessary licences
and/or approvals from the relevant persons or entities
including without limitation with respect
to copyright or any third party intellectual
property rights, from the owners of such
rights and in this regard you are referred
to the information in relation to intellectual
property law as set out at paragraph 3
of the Disclaimer;
5.4.3 which constitutes
or encourages conduct that would be considered
a criminal offence, gives rise to civil
liability, or otherwise be contrary to
the law of or infringe the rights of any
third party, in the United States or any other country
or region; or
5.4.4 which is technically
harmful (including, without limitation,
computer viruses, logic bombs, Trojan
horses, worms, harmful components, corrupted
data or other malicious software or harmful
data).
5.4.5 which is in direct violation
of the Entropia Universe End User License Agreement (EULA).
5.5 You may not misuse
the Website (including, without limitation,
by hacking or attmepting to bypass security measures).
5.6 Entropians.com shall fully
cooperate with any law enforcement authorities
or court order requesting or directing Entropians.com
to disclose the identity or locate anyone
posting or transmitting any material or
Content in breach of paragraph 5.4 or paragraph
5.5.
6.0 LINKS TO OTHER WEBSITES
6.1 Links to third party
websites on this Website, including (without
limitation) those relating to third party
software, are provided solely for your convenience.
If you use these links, you leave this Website.
Entropians.com has not reviewed these third party
websites and does not control and is not
responsible for these websites or their
content, availability, safety, quality or
fitness for purpose. Entropians.com therefore does
not endorse or make any representations
about them, or any material found there,
or any results that may be obtained from
using them. If you decide to access any
of the third party websites linked to this
Website, you do so entirely at your own
risk .
6.2 If you would like
to link to this Website, you may only do
so on the basis that you link to, but do
not replicate, the home page of this Website,
and subject to the following conditions:
6.2.1 you do not remove,
distort or otherwise alter the size or
appearance of any of our trade names,
logos and/or trademarks;
6.2.2 you do not create
a frame or any other browser or border
environment around this Website;
6.2.3 you do not in
any way imply that Entropians.com is endorsing
any products or services other than its
own;
6.2.4 you do not misrepresent
your relationship with Entropians.com nor present
any other false information about Entropians.com;
6.2.5 you do not otherwise
use any Entropians.com trade marks displayed on
this Website without express written permission
from Entropians.com;
6.2.6 you do not link
from a website that is not owned by you;
and
6.2.7 your website does
not contain content that is distasteful,
offensive or controversial, infringes
any intellectual property rights or other
rights of any other person or otherwise
does not comply with all applicable laws
and regulations.
6.3 Entropians.com expressly reserves
the right to revoke the right granted in
paragraph 6.2 for breach of these terms
and to take any action it deems appropriate, including
deletion of your user account and/or banning your
hostname and/or IP address.
6.4 You hereby fully indemnify
Entropians.com and hold Entropians.com harmless for any loss
(including without limitation consequential
losses, loss of profit and loss of reputation,
and all interest, penalties and legal and
other professional costs and expenses) or
damage suffered by Entropians.com or any of its group
companies for breach of paragraph 6.2.
7. ACCESS TO THIRD PARTY FILES
7.1 Entropians.com cannot accept
any responsibility and hereby excludes any
and all liability relating to or resulting
from your use of this Website and/or any
software on or through this Website for
the purposes of accessing or in any way
dealing with third party files, data, content
and/or material including (without limitation)
such files data and/or material stored in
or on the hard drive of other users of this
Website and/or any software on this Website
which may be proprietary in nature and where
its use without the proper permission of
the right holder may be illegal.
7.2 Where you are using
or intending to use any Entropians.com software,
including (without limitation) the Software,
you are again reminded of and referred to
the terms and conditions applicable to the
use of such software.
8. CHILDREN AND MINORS
Children under 18 years of age must have
permission from their parents or legal guardians
to use the Website and/or the Software. Children under 13 years
of age are not permitted to register for this Website or to use the
Entropians.com Instant Messaging Service. Parents
and legal guardians are put on notice that
Entropians.com has no control whatsoever over the Content
of the Website. Whilst Entropians.com requests all
users to use the Software and/or the Website
responsibly, Entropians.com is unable to and will not
pre-screen/monitor the use of the Website
and/or Software. It is the responsibility
of parents and guardians of minors to determine
the appropriateness or otherwise of the relevant
Content to the child.
9. REGISTRATION
9.1 Each registration
is for a single user only. Entropians.com does not
permit you to share your user name and password
with any other person nor with multiple
users on a network. Similiarly, members are restricted
to a single user account; creating multiple account and/or
network IDs will result in termination of all accounts and a
ban from this website.
9.2 Responsibility for
the security of any passwords issued rests
with you.
10. INFORMATION PROVIDED
10.1 You hereby confirm
and agree that any information that you
may provide Entropians.com from time to time whether
for the purposes of registration for use
of the Website or otherwise (" Information"
) will be true, accurate, complete and not
in any way misleading and you agree that
the Information will be updated by you promptly
as and when necessary to ensure that the
Information remains at all times true, accurate,
complete and not in any way misleading.
10.2 If for any reason
the Information is not true, accurate, complete
and/or is misleading or Entropians.com suspects this
to be the case, Entropians.com hereby reserves the
right to suspend or terminate your ability
to use the Website, restrict your future
ability to access the Website and/or require
you to destroy any copy of the Software
which you may have use and/or control of
and you agree to immediately comply with
any such request.
11. DISCLAIMER
Users are referred to and requested to read
the Disclaimer, which, for the avoidance of
doubt, is deemed to form part of this legal
notice.
12. OPEN SOURCE SOFTWARE
12.1 Certain elements
of the EntropiansIM software contain source code which
is made available for use or modifications
by users and other developers as they see
fit (" Open Source "). In respect
of these elements of the Software, including
but without limitation, Xvid video codec
and OpenSSL library, the terms of the
GNU
General Public License (" GNU ")
will apply.
12.2 If you intend to
download or otherwise make use of the Software,
it is important that you read the full provisions
relating to Open Source at clause 2 of the
Download Licence.
13. LIABILITY
13.1 Entropians.com, any other
party (whether or not involved in creating,
producing, maintaining or delivering this
Website), and any of Entropians.com's group companies
and the officers, directors, employees,
shareholders or agents of any of them, exclude
any and all liability and responsibility
for any amount or kind of claim, loss (including
without limitation consequential losses,
loss of profit and loss of reputation, and
all interest, penalties and legal and other
professional costs and expenses) or damage
that may result to you or a third party
in any way in connection with:
13.1.1 this Website
in any way;
13.1.2 the use, inability
to use or the results of use of this Website;
or
13.1.3 any websites
linked to this Website or the material
on such websites.
13.2 Nothing in this legal
notice shall exclude or limit Entropians.com's liability
for:
13.2.1 death or personal
injury caused by negligence; or
13.2.2 fraud; or
13.2.3 any liability
which cannot be excluded or limited under
applicable law.
13.3 If, as a result of
using this Website or any material on it,
you require servicing, repair or correction
of equipment, software or data, you agree
that you alone will bear any and all costs
related to such servicing, repair or correction
and that Entropians.com shall not in any way be responsible
to you in this regard.
14. INDEMNITY
You hereby agree to indemnify and keep Entropians.com
and its subsidiaries, affiliates, officers,
employees, agents and other partners harmless
from and against all costs, claims, demands,
liabilities, expenses, damages or losses (including
without limitation consequential losses, loss
of profit and loss of reputation, and all
interest, penalties and legal and other professional
costs and expenses) arising out of or in connection
with your negligence, default or breach of
these terms and condition, use of this Website
and/or the Software including in particular
(but without limitation) the misuse or breach
of any third party's copyright or intellectual
property rights.
15. DEALINGS WITH THIRD PARTIES
15.1 You acknowledge and
agree that Entropians.com is not in any way responsible
for any products and/or services you use
and/or purchase from any providers of such
products and/or services found on or through
the Website.
15.2 Accordingly, any
dealings between you and such providers
of products and/or services are between
you and that provider and do not in any
way involve Entropians.com and/or any party related
to or associated with it. Entropians.com is not therefore
responsible for and, to the maximum extent
permitted by law, hereby excludes any and
all liability relating to or arising from
any loss (including without limitation consequential
losses, loss of profit and loss of reputation,
and all interest, penalties and legal and
other professional costs and expenses) and/or
damage that you may suffer as a result of
any such dealings.
16. Entropians.com TRADE MARK
Entropians.com belongs to Entropians.com and must not
be used in any way without the prior written
consent of a duly authorised officer of Entropians.com.
17. WAIVER
17.1 The failure by us
to exercise or delay in exercising a right
or remedy provided to us by this legal notice
or by any applicable law does not constitute
a waiver by us of our right or remedy or
a waiver by us of our other rights or remedies.
17.2 A waiver by us of
a breach of any of the terms of this legal
notice or of a default by you under this
legal notice does not constitute a waiver
by us of any other breach or default and
shall not affect the other terms of this
legal notice.
17.3 A waiver by us of
a breach of any of the terms of this legal
notice or of a default by you under this
legal notice will not prevent us from subsequently
requiring you to comply with the waived
obligation.
18. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and
construed in accordance with United States law.
Disputes arising in connection with this legal
notice shall be subject to the exclusive jurisdiction
of American courts.
