conditions under which you (“You”, or “Customer”)
are provided access to the “Service” (online play and
interaction) by Stardock Entertainment, Inc. ("Stardock"
or "we"). This Agreement does not supersede the End User
License Agreement (the "EULA") that accompanies the game
you are playing. Whereas the EULA governs your use of the Game client (software
installed on your PC), this Agreement governs your use of the Service.
- Grant of a Limited License to Use the Service. You may use the
Service solely for your personal (non-commercial) purposes only. This Service is
intended for individuals 18 and older. If you are below 18, you agree that you have
been granted permission by a legal guardian.
- Additional License Limitations. You agree that you will not, under
- You may NOT use any abusive, defamatory, harassing, harmful, obscene, hateful, sexual,
vulgar, threatening, ethnically or racially offensive language. Trying to use alternate
spelling will be considered to have the same meaning as the original and will incur
the same result by moderation;
- You may NOT exploit the Service for any commercial purpose, including without limitation
(a) to communicate or facilitate any commercial advertisement or solicitation or
(b) use at a computer gaming center or any other commercial establishment without
the express written consent of Stardock;
- You may NOT intercept or “mine” information off the service or allow
any third party to do the same;
- You may NOT use cheats, hacks, mods, bots or any other unauthorized software designed
to modify the Service or any Game experience;
- You will NOT impersonate a Stardock official, nor will you represent yourself as
an official of any sort;
- You may NOT abuse, harass, threaten or otherwise alienate another player or authorized
- You may NOT violate any local, state, national or international laws or regulations;
- And, You will NOT disrupt or assist in the disruption of (i) any computer used to
support the Service (a "Server"); or (ii) any other player's Game experience.
ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION
OF THE SERVICE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
- Account Suspension/Cancelation. STARDOCK MAY SUSPEND, BAN, TERMINATE,
MODIFY, OR DELETE ENTIRELY ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON,
WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by Stardock for any type of abuse,
harassment or other similar action, including, without limitation, a violation of
and/or supporting the Service at any time. Stardock reserves the rights to moderate
the Service as needed and will have the right to determine if an account should
be suspended, terminated, banned or otherwise modified. In the event that an Account
is modified in any fashion, up to including complete deletion, You will not be eligible
for any refund or other such compensation.
- Modification of TOU. This TOU may be revised or modified from time
to time. It is your responsibility to check for revisions or modifications to ensure
that you remain in compliance.
- Ownership. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU
ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST
IN THE ACCOUNT THAT YOU CREATE WITH STARDOCK, AND YOU FURTHER ACKNOWLEDGE AND AGREE
THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE
TO THE BENEFIT OF STARDOCK. Stardock does not recognize the transfer of Accounts.
You may not purchase, sell, or trade any Account, or offer to purchase, sell, or
trade any Account, and any such attempt shall be denied. You also agree to not allow
others access to the service under your account. Any such action could result in
account deletion. Any violation caused by “somebody else” using your
account will be treated the same as if You were using the account.
- DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM
COURSE OF DEALING OR USAGE OF TRADE. STARDOCK DOES NOT WARRANT THAT YOU WILL BE
ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED;
OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
- STARDOCK IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE OR
YOUR INABILITY TO USE THE SERVICE. IN NO CASE SHALL STARDOCK BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF
THE SERVICE. IN NO CASE SHALL THE LIABILITY OF STARDOCK EXCEED THE AMOUNT THAT YOU
PAID TO US, EITHER DIRECTLY OR THROUGH A RETAILER. YOU ACKNOWLEDGE AND AGREE THAT
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH STARDOCK IS TO STOP USING THE
SERVICE, AND TO CLOSE ANY ACCOUNTS REGISTERED TO YOU.
- You agree to indemnify, defend and hold Stardock harmless from any claim, demand,
damages or other losses, including any reasonable attorneys’ fees, asserted
by any third-party resulting from or arising out of your use, or abuse, of the Service,
or any breach by you of this Agreement.
- DISPUTE RESOLUTION AND GOVERNING LAW.
you agree to first attempt to negotiate any Dispute informally before initiating
any arbitration or court proceeding. Notices should be sent to Stardock at: Stardock
Entertainment, Inc. 15090 Beck Rd., Plymouth, MI 48170 ATTN: Legal Department.
- Governing Law. Except as expressly provided otherwise, this Agreement
shall be is governed by, and will be construed under, the Laws of the United States
of America and the law of the State of Michigan, without regard to choice of law
- Severability. If any part of this Agreement is determined to be
invalid or unenforceable, then that portion shall be severed, and the remainder
of the Agreement shall be given full force and effect.
- Entire Agreement. This TOU, including the documents expressly incorporated
by reference herein, constitutes the entire agreement between you and us with respect
to the Service and supersedes all prior communications between you and us with respect
to the Service; provided, however, that this Agreement shall coexist with, and shall
- Force Majeure. Stardock shall not be liable for any delay or failure
to perform resulting from causes outside the reasonable control of Stardock, including
without limitation any failure to perform hereunder due to unforeseen circumstances
or cause beyond Stardock's control such as acts of God, war, terrorism, riots, embargoes,
acts of civil or military authorities, fire, or floods.
Stardock Entertainment and Gas Powered Games. Demigod is a trademark of Gas Powered Games. All rights reserved. All other trademarks and copyrights are the properties of their respective owners. Windows, the Windows Vista Start button and Xbox 360 are trademarks of the Microsoft group of companies, and 'Games for Windows' and the Windows Vista Start button logo are used under license from Microsoft. ©
Advanced Micro Devices, Inc. All rights reserved. AMD, the AMD Arrow logo and combinations thereof are trademarks of Advanced Micro Devices, Inc.