Services Provided by Third Party
You acknowledge that the voice communication service available to all Entropia Universe's participants (“Voice Communication Services”) and related software and documentation (“Voice Communication System”), or parts thereof, will be provided by third parties (“Independent Service Provider”). You agree that we may forward you personal information to the Independent Service Provider for any purpose relating to your subscription for the Voice Communication Services, including without limitations billing issues.
Further, you acknowledge that parts of the Voice Communication Service and System will be available to all Participants with no extra costs (“Open Features”) while for using other parts you will first be required to subscribe and pay for the service (“Restricted Features”). Open Features and Restricted Features are collectively referred to herein below as Voice Communication Services.
Voice Communication Services
Basic Voice Package
By using the Basic Voice Package you will be able to speak and listen to other participants in your vicinity. The participants' sound volume will differ depending on how close you are to them. Also, you can hear which direction the sound is coming from. This feature is disabled by default, but you can activate it yourself in-world.
The Basic Voice Package is available for all participants without any subscription fees.
Premium Voice Package
The Premium Voice Package includes the following features:
- Private Voice Chat, where you call people on your Friend List when you are in-world. Note: The participant you are calling must also have the Premium Voice package.
- Create a voice team with a maximum of 6 members, including yourself.
- Increased sound quality, compared to the Basic Voice Package. This affects the sound quality when listening to other participant's proximity speech, no matter which voice package they are using.
The regular subscription fee for the Premium Voice Package is 15 PED. See section "Subscription Fee" for further information.
Team Voice Chat
With a voice team you can hear the whole team, as if they are within 2 meters from you, even if they are spread out over different planets in Entropia Universe.
Note: You can only initiate a voice team if you subscribe to Premium Voice Package or Premium Voice Team Package+. However, the rest of the members only need the Basic Voice Package.
You will still be able to hear other participants based on their distance to you and they can hear you in the same way.
Premium Voice Team Package+
The Premium Voice Package can be upgraded to Premium Voice Team Package+ which includes the following features:
- Create a voice team with a maximum of 12 members, including yourself.
- All features in the Premium Voice Package.
The regular subscription fee for the Premium Voice Team Package+ is 10 PED. See section "Subscription Fee" for further information.
Your limited and revocable use of the Voice Communication System is subject to the following terms and conditions:
- no ownership rights to Voice Communication System is transferred to you under this license;
- the Voice Communication System may only be used in conjunction with your use of and only if incorporated in Entropia Universe;
- proprietary, copyright, trademark or warning legends may not be removed from Voice Communication System (if applicable);
- Voice Communication System, or any part thereof, may not be decompiled or reverse engineered except as permitted by compulsory law; and
- Voice Communication System may only be used by you in order to access and use the Voice Communication Service via Entropia Universe;
Rules of Conduct
Your limited license to use the Voice Communication System and Services is also subject to the following rules of conduct:
- You may not use the Voice Communication Services to broadcast third parties’ copyrighted material without first obtaining the permission from the lawful owner or rights holders.
- You may not use the Voice Communication Services to make loud or otherwise disturbing noises that may in any way compromise the experience of other users of Entropia Universe.
No Warranties and Limited Liability
The Voice communication Services and System are provided to you AS IS. Neither the Independent Service Provider, not MindArk or MindArk’s applicable Planet Partner(s) makes any promises or representations or any warranties, guarantees or indemnities in respect of the Voice Communication Service or Voice Communication System.
Notwithstanding anything to the contrary stated in this Agreement, in no event shall Independent Service Provider, MindArk or MindArk’s applicable Planet Partner, 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.
In no case shall Independent Service Provider’s, MindArk’s or MindArk’s applicable Planet Partner(s)’ total accumulated liability for damages, whether in contract or in tort, including negligence, exceed the amount of one monthly subscription fee.
- that you are unlawfully using the Voice Communication Service and/or System, and/or;
- that you are non–compliant with any applicable law or regulations, including intellectual property laws and privacy laws.
- The monthly subscription fee for the Premium Voice Package is fifteen (15) PED, and will be paid by you in advance for each month (30-day period) you choose to use the Voice Communication Services. Special offers and discounts may apply from time to time.
- The monthly subscription fee for the Premium Voice Package + is ten (10) PED, and will be paid by you in advance for each month (30-day period) you choose to use the Voice Communication Services. This subscription requires you to also subscribe to the Premium Voice Package. Special offers and discounts may apply from time to time.
Service Level and Support
Please observe that the following terms apply to the Restricted Features only:
- In case of Voice Communication Services not being available to you due to communication system network failure only, MindArk and/or Independent Service Provided, may, at their sole discretion, choose to compensate you by adding an extra subscription time to your subscription period. You acknowledge and agree that your compensation will not be offered due to any other failure in the Voice Communication Service or System that is not due to network failure, including without limitations, failure in the Entropia Universe System, failure in the related communication software, your failure to comply with any applicable minimum system requirements and/or failure in your own hardware or Internet services.
Termination of Subscription or Services
Please observe that the following term applies to the Restricted Features only:
- 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 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 the availability of the Communication Services, or any parts thereof, with or without prior notice to you.
Please observe that the following term applies to the Restricted Features only:
- By subscribing to these services, you give your consent to MindArk and the Independent Service Provider to begin performing the Voice Communication Service during the cooling-off period applicable to consumers according to the Consumer Protection (distance contracts and home sales) Act [Sw. Distans och hemförsäljningslagen (2005:59)]. You consent to that MindArk, by forwarding your subscription order to the Independent Service Provider, begins processing your subscription during the ongoing cooling-off period, meaning that your cooling-off right, according to the act referred to above in this paragraph is inapplicable.
Further, you acknowledge and agree that additional terms and conditions of Independent Service Provider might apply to your use of the Voice Communication System and Service.
- 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.
- 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.
- 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.
- 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.