TERMS OF USE

These Terms of Use (the "TOU") set forth the terms and 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.

1. 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.
2. Additional License Limitations. You agree that you will not, under any circumstances:
   1. 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;
   2. 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;
   3. You may NOT intercept or “mine” information off the service or allow any third party to do the same;
   4. You may NOT use cheats, hacks, mods, bots or any other unauthorized software designed to modify the Service or any Game experience;
   5. You will NOT impersonate a Stardock official, nor will you represent yourself as an official of any sort;
   6. You may NOT abuse, harass, threaten or otherwise alienate another player or authorized Stardock representative;
   7. You may NOT violate any local, state, national or international laws or regulations;
   8. 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.
3. 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 these Terms of Use, will not be reactivated for any reason. Stardock may stop offering 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.
4. 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.
5. 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.
6. 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.
7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
   1. 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.
   2. 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.
8. DISPUTE RESOLUTION AND GOVERNING LAW.
   1. Any dispute or claim by you related to these Terms of Use ("Dispute"), 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.
   2. 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 principles.
9. GENERAL
   1. 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.
   2. 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 not supersede, Game EULAs and Terms of Use specific to a Stardock Game.
   3. 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.

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