This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.1: Agreement. This Agreement is a contract between you and EntropiaPartners.com (herein referred as EntropiaPartners) and applies to your use of the EntropiaPartners service available through www.entropiapartners.com (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. EntropiaPartners disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. EntropiaPartners also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
2: Account restrictions.
2.1: Eligibility. This Agreement must be completed, understood and agreed to by an adult of at least 18 years of age who either holds a Second Life® Account or an Entropia Universe® or an EVE Online® account in good standing. If you are not yet 18 or do not hold an active Second Life® or Entropia Universe® or an EVE Online® account, you do not have permission to create an Account or use the Service. By accepting this agreement you represent that you are an adult, 18 years of age or older.
2.2: Obligations. In consideration of use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by any registration form on the Sevice; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, EntropiaPartners has the right to terminate your Account and refuse any and all current and/or future use of the Service.
2.3: Accounts per household. Multiple accounts per household are permitted, as long as they do not take advantage of our affiliate schemes. Use of IP proxies is strictly forbidden.
3.1: Commissions and Prepay Services. EntropiaPartners charges fees for some activities of the Service like advertising on its web pages, and withdrawing your earnings in the form of virtual currency (PED or ISK) to your Entropia Universe® or EVE Online® account. Advertising fees are decided based on mutual consent and a written agreement is drawn in such cases. Withdrawl fees are mentioned on the withdrawl pages, and are subject to change without prior notice.
3.2: Recurring Charges for Prepaid Services. All recurring charges are payable in advance. All billing periods start and end according to the date the Prepaid Service is initiated as per the agreement between both the parties (please refer to section 3.1).
3.3: Pricing. EntropiaPartners does not charge to use its services except some prepay services like advrtising on its website (please refer to section 3.1). EntropiaPartners may change its pricing and/or payment structure at any time.
4.1: Government Fees. You agree to pay all applicable taxes or fees imposed by any government entity in connection with your use of the Service.
4.2: Ownership of Funds. Payments made under this Agreement are only for use by you and may not be transferred to any third party unless expressly authorized in writing by EntropiaPartners.
4.3: Violation of Agreement. EntropiaPartners reserves the right to withhold payment or charge back your account due to any violation of this Agreement by you, pending EntropiaPartners's reasonable investigation of any violation of this Agreement by you.
5: User-Supplied Content.
5.1: User-Supplied Website Content. You understand that information available to you through the Service may include information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content") that are unedited, sexually explicit, or offensive to you and that your access to such materials is at your own risk. EntropiaPartners hereby disclaims any responsibility for or control over all Content.
5.2: User-Supplied Products and Services. You understand that the products and services available to you through the Service may include Content or functionality that violates the Second Life® or Entropia Universe® or EVE Online® Terms of Service. You agree that your access to and use of such Content is at your own risk. EntropiaPartners hereby disclaims any responsibility for or control over such Content.
5.3: Right to Refuse Content. EntropiaPartners reserves the right (but not the obligation) to refuse or delete any Content that it reasonably considers to violate any provision of this Agreement or be otherwise illegal.
5.4: Right of Editorial Discretion. EntropiaPartners reserves the right to modify any Content that it reasonably considers to violate any provision of this Agreement for the purpose of bringing it into compliance with this Agreement.
5.5: Right to Review Second Life Content. EntropiaPartners reserves the right to acquire and review items, scripts, textures, or any other assets in Second Life (to the extent that Second Life permissions allow) that are represented by EntropiaPartners Content for the purpose of investigating claims of misrepresentatation (see Section 6.2).
5.6: License. When you submit Content, you remain the original copyright holder. However in doing so you also grant EntropiaPartners a non-exclusive, world-wide, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights you have in the Content (excluding Content not residing in EntropiaPartners's computer systems, such as Second Life inventory). These rights allow us to do our job of promoting, selling, and distributing your Content.
6: User Conduct.
6.1: User Conduct. You agree not to upload, post, email, or otherwise transmit through the Service: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable Content of any kind; (b) any Content that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any Content that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation.
You may not use EntropiaPartners to engage in any misleading or deceptive activity. You agree not to spam or abuse EntropiaPartner users and staff in any direct or indirect way.
6.2: Misrepresentation. You agree not to defraud or misrepresent yourself, your Content, other members, or their Content through use of the Service.
6.3: Adult Content. YOU AGREE THAT YOU WILL POST OR UPLOAD ADULT CONTENT ONLY IN AREAS WHERE IT IS CLEARLY VISIBLE THAT YOU CAN SPECIFY CONTENT AS "Adult" AND THAT YOU WILL MARK ANY CONTENT WHICH FALLS UNDER THE Adult Guidelines AS "Adult". Further any such adult content shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
7: Interruption or Change of Service. EntropiaPartners, at its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
8: Termination. You agree EntropiaPartners may immediately delete your Account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Service under any provision of this Agreement. You also acknowledge and agree that termination of any of Service may be effected without prior notice.
9: Unauthorized Transactions
9.1: EntropiaPartners reserves the right to hold any member's earned funds for up to 30 days from the time funds are deposited or received if there is reason to believe said funds may be associated with one or more fraudulent or unauthorized transactions.
9.2: EntropiaPartners reserves the right to reverse, charge back, or withhold payment of any transaction that is confirmed to be fraudulent or unauthorized. You agree this may affect your account even if you are not directly involved with said fraudulent transactions. You further agree that EntropiaPartners shall not be held liable for any damages resulting from actions taken against fraudulent or unauthorized transactions.
10: Disclaimer of Warranties.
10.1: YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
10.2: EntropiaPartners EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.3: EntropiaPartners MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EntropiaPartners MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
10.4: YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
10.5: EntropiaPartners MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
10.6: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EntropiaPartners OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
10.7: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.
11: Limitation of Liability
11.1: YOU AGREE THAT EntropiaPartners, ITS PARTNERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES AND DISTRIBUTORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF EntropiaPartners HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2: YOU FURTHER AGREE THAT EntropiaPartners SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
11.3: You acknowledge that Pursuant to Indian Copyright Act, 1957 and as amended in 1994-1995, EntropiaPartners has a policy providing for termination of Service to Account holders who are repeat offenders. However, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL EntropiaPartners BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO COMPLY WITH INDIAN COPYRIGHT ACT, 1957 AND AS AMENDED IN 1994-1995.
11.4: IN NO EVENT SHALL EntropiaPartners BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.
11.5: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.
12: General. This Agreement and the relationship between you and EntropiaPartners shall be governed construed in accordance with the laws of India. If any dispute arises between you and EntropiaPartners during your use of the Service or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by EntropiaPartners . The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.