Stardock Games Online Terms of Use
- Paul Scroggins (Unlicensed)
End User License Agreement and Terms of Service
Thank you for your interest in Stardock Entertainment, Inc.’s (“Stardock” or “we”) StardockGames.com game platform service and Stardock’s interactive games (“Games”). This End User License Agreement and Terms of Service (“Agreement”) sets forth the terms and conditions under which you are licensed to use the StardockGames.com service to obtain access to StardockGames.com, and use certain Games features enabled by StardockGames.com. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE STARDOCKGAMES.COM SERVICE.
THIS IS A LEGAL CONTRACT BETWEEN YOU AND STARDOCK STATING THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF, AND ACCESS TO, THE STARDOCKGAMES.COM ONLINE COMMUNITY, GAMING PLATFORM AND GAMING SERVICES ACCESSED THROUGH YOUR PC GAMES, YOUR STARDOCKGAMES.COM ACCOUNT AND THE INTERNET. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES AND ALL OF STARDOCK’SRULES AND POLICIES, COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND STARDOCK.
TO ACCEPT THIS AGREEMENT, CLICK “AGREE.” IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT CLICK “AGREE,” AND DO NOT USE THE STARDOCKGAMES.COM ONLINE COMMUNITY OR GAMING SERVICES. YOU MUST ACCEPT AND ABIDE BY THIS AGREEMENT AS PRESENTED TO YOU IF YOU DESIRE TO USE THE STARDOCKGAMES.COM ONLINE COMMUNITY OR GAMING SERVICES. ANY CHANGES, ADDITIONS, OR DELETIONS THAT YOU MAKE TO THE AGREEMENT ARE NOT ACCEPTABLE, AND STARDOCK MAY REFUSE ACCESS TO THE STARDOCKGAMES.COM ONLINE COMMUNITY AND/OR GAMING SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. YOUR USE OF THE STARDOCKGAMES.COM ONLINE COMMUNITY OR GAMING SERVICES SHALL BE DEEMED YOUR UNCONDITIONAL ACCEPTANCE OF THE CURRENT VERSION OF THIS AGREEMENT. UPON ACCEPTANCE OF THIS AGREEMENT, YOU AND STARDOCK HEREBY AGREE AS FOLLOWS:
Welcome to StardockGames.com’s Online Community. Welcome to the StardockGames.com online community. Stardock (i.e., Stardock Entertainment, Inc.) is a subsidiary of Stardock Corporation and provides the StardockGames.com service to you, subject to the terms and conditions of this Agreement, which may be updated by us from time to time without notice to you. You can review the most current version of this Agreement at any time at: www.StardockGames.com/terms. Once you have downloaded a Game containing the StardockGames.com client software (“Stardock Client Software”), for access to StardockGames.com and the StardockGames.com online community of services and gaming platform (collectively the StardockGames.com Online Community”), a unique StardockGames.com user account (“Account”) will be automatically set up for you, as detailed in Section 2 below. The StardockGames.com Online Community may afford users who have valid Accounts to participate in, post and/or review online chat, instant messaging, blogging, multiplayer gaming and match-making, news, press releases and other online content. The StardockGames.com Online Community is regularly expanded and updated by Stardock, and is subject to change at any time without notice to you. You are responsible for providing and maintaining all necessary equipment and Internet service (at your sole cost) to use the StardockGames.com Online Community and your Account. The quality and speed of your hardware and Internet connection will affect your use and enjoyment of the StardockGames.com Online Community, your Games, and your Account.
The StardockGames.com Account. To use the StardockGames.com Online Community with any Games, you must have previously established a Steam account and that Steam account must be in good standing (See Steam’s Subscriber Agreement). A StardockGames.com Account will be automatically created on a Game player’s behalf. In order to play certain Games or use certain features offered by Stardock, you may be required to provide Stardock with additional personal information, including, but not limited to, your real name and valid e-mail address. When a StardockGames.com Account is created on your behalf, you authorize Stardock to use and save information about you, such as your Steam name, Steam friends, and Steam avatar.
Children. Minor children may only use an Account established by their parent or legal guardian. Minor children should not establish their own account on StardockGames.com. A minor child’s parent or legal guardian is responsible for their child’s use even if such use was not authorized by the parent. Children under the age of thirteen (13) may not use StardockGames.com or its gaming services. For children under the age of thirteen (13), you should also refer to Stardock’s privacy policy at Stardock - Privacy Policy .
Monitoring Rights. Stardock retains the unconditional right to monitor and/or record the all players’ communications and usage data associated with StardockGames.com and its services and Games.
Grant of License. If you accept and comply with the terms of this Agreement, Stardock will grant you, and you will receive, a non-sublicensable, and non-exclusive license to use the Stardock Client Software, the StardockGames.com Online Community and its integrated Games, subject to the “License Limitations” set forth in Section 4 below. You may use the StardockGames.com Online Community for personal and non-commercial entertainment purposes only. You may not transfer, assign or sublicense this Agreement or any of your license rights hereunder. Games integrated with the StardockGames.com Online Community may be subject to specific and additional end user license terms, to which you are bound. You should refer to each Game’s specific end user license agreement, in addition to this StardockGames.com Agreement.
License Limitations. Stardock may cancel your Account and revoke your license to use the Stardock Client Software, the StardockGames.com Online Community and/or its integrated Games if you violate, or assist others in violating, the license limitations set forth below or otherwise breach this Agreement. You agree that you will not, in whole or in part or under any circumstances, do any of the following:
Derivative Works. Copy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the StardockGames.com Client Software, the StardockGames.com Online Community, or its integrated Games.
Cheating. Create, use, offer, advertise, make available and/or distribute the following or assist therein:
Cheats, such as methods, not expressly authorized by Stardock, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods.
Bots, including any code and/or software, not expressly authorized by Stardock, that allows the automated control of a Game, the StardockGames.com Online Community and/or any component or feature thereof.
Hacks, including accessing or modifying the software of a Game, the Stardock Client Software or the StardockGames.com Online Community in any manner not expressly authorized in writing by Stardock, and/or any code and/or software not expressly authorized by Stardock that can be used in connection with the StardockGames.com Online Community, the Stardock Client Software, a Game and/or any component or feature thereof which changes and/or facilitates the gameplay.
Prohibited Commercial Uses. Exploit, in their entirety or individual components of the StardockGames.com Online Community or any Game for any purpose not expressly authorized by Stardock, including, without limitation: (i) playing any Game at commercial establishments (unless prior written consent is granted by Stardock); (ii) gathering in-game currency, items, or resources for sale outside of the Game; (iii) performing in-game services, like power-leveling, in exchange for payment outside of the StardockGames.com Online Community or the Game; or (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the StardockGames.com Online Community or any Game.
Data Mining. Use third-party software that intercepts, collects, reads, or “mines”information generated or stored by StardockGames.com, the StardockGames.com Online Community or any Game; provided, however, that Stardock may, at its sole and absolute discretion, allow the use of certain extensions.
Duplicated Items. Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Stardock Client Software, StardockGames.com Online Community or any Game.
Matchmaking. Host, provide or develop matchmaking services for any Game, or intercept, emulate or redirect the communication protocols used by Stardock in any way, for any purpose, including without limitation unauthorized play over the Internet, network play (except as expressly authorized by Stardock), or as part of content aggregation networks.
Unauthorized Connections. Facilitate, create or maintain any unauthorized connection to StardockGames.com, the StardockGames.com Online Community or any Game, including without limitation: (i) any connection to any unauthorized server that emulates, or attempts to emulate, the StardockGames.com Online Community; and (ii) any connection using third-party programs or tools not expressly authorized by Stardock.
Transfers. Attempt to sell, sublicense, assign, rent, lease, grant a security interest in or otherwise transfer your account or any copy of a Game, or your license rights to use the Game, to any other party in any way not expressly authorized herein.
Disruption. Disrupt or assist in the disruption of: (i) any computer or network used to support the StardockGames.com Online Community or any Game environment; or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT STARDOCKGAMES.COM OR THE STARDOCKGAMES.COM ONLINE COMMUNITY OR TO UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL LAWS AND/OR SUBJECT YOU TO A CIVIL LAWSUIT.
Violation of Laws. Use a Game, or the StardockGames.com Online Community, to violate any applicable law or governmental rule or regulation.
Online Content of Others. You understand, acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively the “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Stardock, are entirely responsible for all Content that you upload, post or otherwise transmit via the Stardock Client Software or the StardockGames.com Online Community. Stardock does not control the Content posted on the StardockGames.com Online Community, and therefore Stardock does not guarantee or take responsibility for the accuracy, integrity, or quality of such Content. You understand, acknowledge and agree that by using the StardockGames.com Online Community, you may be exposed to Content that is offensive, indecent, or objectionable, and that you do so at your own risk.
Your Online Content. The Stardock Client Software, StardockGames.com Online Community and/or certain Games may provide you with the opportunity and means to upload and display Content on the StardockGames.com Online Community and/or as part of a Game, including the compilation, arrangement or display of such Content. You hereby grant Stardock a perpetual, irrevocable, worldwide, fully paid up, non-exclusive right and license to exploit your Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. Stardock shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice your Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of your Content or the elements thereof in conjunction with or into any other material. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world. You represent and warrant that your Content does not and will not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights whatsoever of any third party. To the extent permitted by applicable law, you hereby waive any moral rights you may have in any and all of your Content. You understand, acknowledge and agree that Stardock may at any time and from time to time remove any of your Content, and any related Content or elements, from the StardockGames.com Online Community at its sole discretion.
Match Reporting. Some Games require that match replay and other information about a match be sent or transmitted to Stardock or the Stardock Online Community in order for players to compete in the event. Depending upon the Game, this information may be considered private or public. Nevertheless, this information shall at all times be considered, treated and deemed as Content and, therefore, shall be subject to all provisions of this Agreement pertaining to Content.
Game Information. Stardock may upload, or a Game may cause to be uploaded, to the StardockGames.com Online Community your saved Game or replay information or data, including, without limitation, for purposes public and private tournaments or matches. You understand, acknowledge and agree that a Game may or may not permit you to turn on, turn off, or otherwise limit or restrict, this uploading feature or component. Further, Stardock or a Game may upload this information or data for non-public purposes, such as to assist Stardock with debugging issues, balancing of Games, and similar technical or gameplay issues.
User Conduct. Individuals under the age of thirteen (13) years old may not use the StardockGames.com Online Community. You agree not to use, and shall not use, the Stardock Client Software or the StardockGames.com Online Community to commit or accomplish, or attempt to commit or accomplish, any one or more of the following:
Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
Harm or threaten harm to minors or adults in any way.
Impersonate any person or entity, including, but not limited to, a Stardock officer, director, shareholder, employee, agent, forum leader, guide, moderator or host, or falsely state or otherwise misrepresent your affiliation with any person or entity.
Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under a confidentiality and nondisclosure agreement).
Upload, post or otherwise transmit any material that contains a software virus, a Trojan horse, spyware, malware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Interfere with or disrupt the StardockGames.com Online Community, the Stardock Client Software, any Game, or any servers or networks connected to it/them, or disobey any requirements, procedures, policies, rules or regulations of networks connected to it/them.
Intentionally or unintentionally violate any applicable local, state, federal, national or international law or treaty, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
Stalk or otherwise harass or threaten the safety of another person.
Make malicious personal attacks, defamatory statements, or other behavior deemed unacceptable by the StardockGames.com Online Community’s administrators.
Collect or store personal information or data about other users.
Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals (including, without limitation, providing instructions on how to commit acts of terrorism, how to assemble bombs, grenades, and other weapons, and creating “Crush” sites).
Publish or post any advertisement for any products or services.
Send chain letters, junk mail, spam or distribution lists to any person who has not given specific permission to be included in such a process.
Interfere with another person’s use or enjoyment of the StardockGames.com Online Community, the Stardock Client Software or any Game.
Promote or advertise sexually explicit or pornographic materials or websites.
Confidentiality; Security; and Privacy Policy. You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Stardock of any unauthorized use of your Account or any other breach of security. Stardock shall not be responsible for any losses arising out of the unauthorized use of your Account. Your Account should not be used by anyone other than you, and any Content transmitted to Stardock or posted or published within the StardockGames.com Online Community through your Account will be attributed to you. Except as otherwise expressly provided for in this Agreement, the StardockGames.com Online Community is subject to Stardock’s Privacy Policy posted at Stardock - Privacy Policy , and Stardock’s Digital Millennium Copyright Act Policy, Notice and Takedown Procedure posted at Stardock Corporation - Terms of Use , all of which are expressly made a part of this Agreement. If you have not already read Stardock’sPrivacy Policy and Digital Millennium Copyright Act Policy, Notice and Takedown Procedure, you should do so now.
Ownership and Use of Your Content. Stardock does not claim ownership of the Content you transmit to Stardock or otherwise post or publish within the StardockGames.com Online Community. However, Stardock has the right, and your transmission of Content to Stardock or through the StardockGames.com Online Community shall be deemed your express consent, to quote, republish and/or reproduce in whole or part your Content (excluding non-public personal information concerning your Account) for promotion of the StardockGames.com Online Community. You acknowledge, understand and agree that you shall have no expectation of, or right to, privacy with respect to any Content that you post or publish within the StardockGames.com Online Community. You further acknowledge, understand and agree that Stardock does not pre-screen any Content, including your own Content and the Content transmitted by other users. Stardock shall have the right (but not the obligation) in its sole discretion to refuse to publish any Content or to remove any Content that is transmitted within the StardockGames.com Online Community. Without limiting the foregoing, Stardock shall have the sole and absolute right to remove, in whole or in part, any content that violates this Agreement or that is otherwise objectionable to Stardock. You acknowledge and agree that you must evaluate and bear all risks associated with the use of your Content, including, without limitation, liability and claims related to issues of accuracy, completeness, and infringement upon third party rights in or to the Content.
Consent to Monitor. When running, a Game may monitor your computer’s random access memory (i.e., RAM) for unauthorized third party programs running concurrently with the Game (an “unauthorized third party program”). In the event that a Game detects an unauthorized third party program, (a) the Game may communicate information back to Stardock, including, without limitation, your Account name, details about the unauthorized third party program detected, and the time and date; and/or (b) Stardock may exercise any or all of its rights under this Agreement, with or without prior notice to you or any other user. Additionally, certain Games may include a tool that will allow your computer system to forward information to Stardock in the event that the Game crashes, including system and driver data, and you hereby consent to Stardock being able to receive this data.
Indemnification. BY USING THE STARDOCKGAMES.COM ONLINE COMMUNITY, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STARDOCK, ITS PARENT AND ITS/THEIR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS WITH RESPECT TO ANY AND ALL CLAIMS AND/OR ATTORNEY FEES INCURRED BY THEM, ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, ANY VIOLATION OF THESE TERMS OF SERVICE, YOUR USE OF THE STARDOCKGAMES.COM ONLINE COMMUNITY, OR ANY ACTION TAKEN BY ANY OF THEM AS PART OF AN INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR THESE TERMS OF SERVICE OR AS A RESULT OF ITS/THEIR FINDING OR DECISION THAT A VIOLATION HAS OCCURRED. THEREFORE, YOU CANNOT AND SHALL NOT SUE OR RECOVER ANY DAMAGES FROM STARDOCK, ITS PARENT AND ITS/THEIR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS/THEIR DECISION TO REMOVE OR REFUSE TO POST OR PUBLISH ANY CONTENT, TO SUSPEND OR TERMINATE YOUR ACCOUNT OR ACCESS TO THE STARDOCKGAMES.COM ONLINE COMMUNITY, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF STARDOCK’S CONCLUSION THAT A BREACH OF THIS AGREEMENT OR VIOLATION OF THESE TERMS OF SERVICE HAS OCCURRED.
No Resale of Service. You shall not resell access to, or any service associated with, the StardockGames.com Online Community. You shall not reproduce any aspect of the StardockGames.com Online Community or any Content posted or published therein. Further, you shall not sell the Stardock Client Software to any third party.
Modifications to the StardockGames.com Online Community. Stardock reserves the right at any time and from time to time to temporarily or permanently modify, discontinue, suspend, cancel, upgrade, update, redesign, expand, curtail, alter and change the StardockGames.com Online Community (or any part thereof) with or without notice to you. You agree that Stardock shall not be liable to you or to any third party for any such action taken by Stardock.
Termination. Stardock, in its sole discretion, may terminate your Account, access to the StardockGames.com Online Community, use of the StardockGames.com Online Community, use of the Stardock Client Software, or use of any other Stardock service, and remove and discard any Content posted or published within the StardockGames.com Online Community, for any reason or no reason whatsoever, including, without limitation, for lack of use or if Stardock believes that you have violated or acted inconsistently with this Agreement. Stardock may also in its sole discretion and at any time discontinue the StardockGames.com Online Community, in whole or in part, with or without notice. You agree that any termination of access to your Account and/or the StardockGames.com Online Community under any provision of this Agreement may be effected or accomplished without prior notice to you. Further, you agree that Stardock shall not be liable to you or any third party for any termination of your Account or access to the StardockGames.com Online Community.
Proprietary Rights to the StardockGames.com Online Community. You acknowledge and agree that the StardockGames.com Online Community services, the software code used to operate the StardockGames.com Online Community, the Stardock Client Software, the Games, the Stardock® mark, the Stardock and StardockGames.com online manuals and support publications, and the Stardock servers used to host and operate the StardockGames.com Online Community are the sole proprietary property and intellectual property of Stardock and/or its parent company or its/their subsidiaries, affiliates or licensors, and that such property is protected by copyright, trademark, patent, trade secrets and other intellectual property laws, treaties and statutes. Except as otherwise expressly permitted in this Agreement, you may not use, claim an ownership interest in, or sell or assign any interest in or rights to the aforementioned proprietary property or intellectual property of Stardock, its parent or it/their subsidiaries or affiliates. Further, and without limitation of the foregoing, you shall have no right to, and must not, create any derivative works based upon the Stardock Client Software or the StardockGames.com Online Community or any of the other aforementioned proprietary or intellectual property, in whole or in part. You understand, acknowledge and agree that since the StardockGames.com Online Community may contain materials licensed by third parties to Stardock, these third parties may enforce their ownership and/or license rights against you in the event that you violate this Agreement.
Disclaimer of Warranties; and Limitation of Liability.
STARDOCK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE STARDOCKGAMES.COM ONLINE COMMUNITY WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME STARDOCK MAY SUSPEND, LIMIT, OR REMOVE THE STARDOCKGAMES.COM ONLINE COMMUNITY FOR INDEFINITE PERIODS OF TIME, OR TERMINATE THE STARDOCKGAMES.COM ONLINE COMMUNITY AT ANY TIME, WITHOUT NOTICE TO YOU. FURTHER, STARDOCK MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT: (A) THE STARDOCKGAMES.COM ONLINE COMMUNITY WILL MEET YOUR NEEDS OR REQUIREMENTS; (B) THE STARDOCKGAMES.COM ONLINE COMMUNITY WILL BE SECURE; (C) THE QUALITY OF THE STARDOCKGAMES.COM ONLINE COMMUNITY WILL MEET YOUR EXPECTATIONS; OR (D) THE STARDOCKGAMES.COM ONLINE COMMUNITY OR THE STARDOCK CLIENT SOFTWARE WILL BE COMPATIBLE WITH YOUR PERSONAL COMPUTER SYSTEM OR OTHER DEVICE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE STARDOCKGAMES.COM ONLINE COMMUNITY IS AT YOUR SOLE RISK. THE STARDOCKGAMES.COM ONLINE COMMUNITY AND THE STARDOCK CLIENT SOFTWARE ARE (EXCEPT AS OTHERWISE EXPRESSLY WARRANTED IN WRITING BY STARDOCK) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL STARDOCK, ITS PARENT OR ITS/THEIR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM YOUR USE OF THE STARDOCKGAMES.COM ONLINE COMMUNITY OR THE STARDOCK CLIENT SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE STARDOCKGAMES.COM ONLINE COMMUNITY OR THE STARDOCK CLIENT SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STARDOCKGAMES.COM ONLINE COMMUNITY, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, STARDOCK’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
STARDOCK WILL USE REASONABLE EFFORTS TO PROTECT PERSONAL INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR ACCOUNT FOR THE STARDOCKGAMES.COM ONLINE COMMUNITY, BUT YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND STARDOCK HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
STARDOCK DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE STARDOCKGAMES.COM ONLINE COMMUNITY WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND STARDOCK DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO.
Storage Limitations. Stardock shall have no responsibility for the deletion or failure to store or maintain any Content transmitted to or posted or published within the StardockGames.com Online Community. Stardock has set no fixed upper limit on the number or posts, blogs, messages or other items of Content a user may send or receive through the StardockGames.com Online Community or the amount of storage space used for such Content. However, Stardock retains the right, at its sole discretion, to impose any such limitations and to determine whether or not your (or any other user’s) conduct is consistent with this Agreement and, in turn, may limit, suspend or terminate your (or any other user’s) access to and/or use of the StardockGames.com Online Community and/or your (or any other user’s) Account if Stardock believes that a your (or any other user’s) conduct is inconsistent with or in violation of this Agreement.
Territory. The StardockGames.com Online Community is available to you in the United States of America, its territories and possessions, and in such other regions and countries offered by Stardock from time to time. However, Stardock may limit this territory at any time in its sole discretion. You agree not to use or attempt to use the StardockGames.com Online Community from outside of the available territory, and that Stardock may use technologies to verify your compliance.
Reporting of Violations. You may report any third party violations of this Agreement to Stardock via e-mail at: legal@stardock.com.
Changes; Modifications; and Supplements. Stardock reserves the right, at any time and from time to time, to update, revise, change, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, and/or conditions on your use of the StardockGames.com Online Community. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the StardockGames.com Online Community shall be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. Further, Stardock reserves the right, at any time and from time to time, to change, alter, update, replace, expand, limit, terminate or otherwise modify the StardockGames.com Online Community without notice to you.
Notices. Stardock may send you notice with respect to the StardockGames.com Online Community or your Account, including, without limitation, by sending an e-mail message to the e-mail address listed on your Account as part of your contact information, by sending a letter via postal mail to the contact address listed on your Account, or by a posting on the StardockGames.com Online Community. All such notices shall become effective immediately.
How to Contact Stardock. If you need to contact Stardock with respect to the StardockGames.com Online Community or this Agreement, you must refer to the technical support and contact information posted on the StardockGames.com website or otherwise made available to you through the Stardock Client Software and your Account. Any written inquiries intended for postal delivery to Stardock should be sent to Stardock at the following postal address: c/o Stardock Corporation, 15090 Beck Rd., Plymouth, MI 48170.
Governing Law and Jurisdiction. This Agreement and your use of the StardockGames.com Online Community shall be governed by and construed and enforced in accordance with the laws of the State of Michigan, notwithstanding any conflict of laws principles or doctrines. Your use of the StardockGames.com Online Community may also be subject to other local, state, federal, national, or international laws. You knowingly, voluntarily and expressly agree, to the maximum extent permitted by law, that the sole and exclusive jurisdiction and venue for any claim, suit or dispute with Stardock, its parent and/or its/their affiliates or that in any way relate to your use of the StardockGames.com Online Community or the provisions of this Agreement shall be in the U.S. Federal District Courts located in Wayne County, Michigan, USA, and the Michigan State Courts located in Oakland County, Michigan, USA. You hereby expressly submit to the personal jurisdiction of the foregoing courts.
General Compliance with Laws. The StardockGames.com Online Community is controlled and operated by Stardock from its offices or facilities located in the United States of America. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, rules and regulations that may apply to your use of the StardockGames.com Online Community.
Enforcement of These Terms. Stardock reserves the right to take any steps or course of action it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Stardock’s right to cooperate with any legal process relating to your use of the StardockGames.com Online Community and/or a third party claim that your use of the StardockGames.com Online Community is unlawful and/or infringes such third party’s rights). You agree that Stardock has the right, without liability to you, to disclose any of your Account information to law enforcement authorities, government officials or agencies, and/or a third party, as Stardock believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Stardock’s right to cooperate with any legal process relating to your use of the StardockGames.com Online Community and/or a third party claim that your use of the StardockGames.com Online Community is unlawful and/or infringes such third party’s rights).
Claims Limitation. To the maximum extent permitted by applicable law, you expressly, knowingly and voluntarily agree that any and all lawsuits, causes of action and/or claims against Stardock, its parent, and/or its/their subsidiaries or affiliates shall be forever waived, barred and released unless properly brought and filed in a court of competent jurisdiction within one (1) year from the date upon which said lawsuit, cause of action or claim first accrued.
Miscellaneous. This Agreement constitutes the entire and integrated agreement between you and Stardock with respect to your use of the StardockGames.com Online Community and the subject matter hereof, and this Agreement supersedes and replaces any and all prior agreements between you and Stardock with respect to the StardockGames.com Online Community and said subject matter. If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Stardock’s failure to enforce any right, remedy or provisions in this Agreement shall not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or illegal, the other provisions will remain in full force and effect. Stardock shall not be responsible for failures to fulfill any obligations due to causes beyond its control.
Last updated: May 5, 2015
(c) Copyright Stardock Entertainment. All rights reserved.