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Frostburn Studios Heroes of Newerth Account Terms of Service
THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE GAME.
The Game is distributed solely for use by authorized end users according to the provisions of this TOS. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of the TOS, or without the prior written consent of Frostburn, is expressly prohibited.
If you have questions about the Terms of Service, please contact us by sending an email to TOS@frostburnstudios.com
1. Heroes of Newerth Online Account Registration
In order to use the service and the Game, you will be required to establish a separate account (your "Account") on Frostburns's centralized account system. When creating these accounts, you may be required to provide Frostburn with certain personal information, financial information and an unused Authentication Key provided to you by Frostburn. You agree that you will supply accurate information to Frostburn when requested, and that you will update that information promptly after it changes.
A. During the registration process, you may be required to select a unique username and a password (collectively referred to hereunder as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein. Frostburn will not ask you to reveal your password or ever initiate any contact with you asking for your reminder words. (If you forget your password, you can tell us your reminder words and we will send you your password.)
B. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, 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 Frostburn.
C. Frostburn MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Service.
D. You are solely responsible for all activity on your Account and for the security of your computer system. You agree to indemnify and hold Frostburn harmless for any improper or illegal use of your Account.
Frostburn does not recognize the transfer of Frostburn or HoN accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Frostburn owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, or any other attributes associated with the Account or stored on the Service.
Frostburn, our Members, our affiliates, and our independent content providers provide most of the Content on Frostburn. Frostburn does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Frostburn.
Strong vulgar language, hate speech, crude or explicit sexual references, discussions of illegal drugs, terrorist plots, and subversive behavior are inappropriate Some game play and chat rooms may involve use of stronger language than others, including mild expletives. Always use your best judgment in online conduct. If you would not say something in a room full of people you have never met, or in the workplace, don't post it on our message boards or chat.
Frostburn does not endorse, approve, or prescreen any Content that you or other users communicate on the Service, including user-generated or copywritten material. Frostburn does not assume any responsibility or liability for Content that is generated by Members or other guests on Frostburn. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. Frostburn does not assume any liability for any failure to remove, or any delay in removing Content.
If we removed Content that you created, we may send you a warning. If it's a serious offense or you've violated our rules before, we may ban you from participating on Frostburn and terminate your Account.
3. Online Conduct
Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior at Frostburn. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of the Game and any related services and cooperate with law enforcement for illegal behavior.
You agree that you will be personally responsible for your use of HoN and the Service and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless Frostburn., its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Frostburn, including any Content that you contribute.
The following rules are not meant to be exhaustive, and Frostburn reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Frostburn reserves the right to modify this Terms of Service at any time.
You will violate the Terms of Service if you (or others using your Account) do any of the following:
- Harass, threaten, embarrass, or do anything else to another Member or guest that is unwanted.
- Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
- Impersonate another person (including celebrities), indicate that you are an Frostburn employee or a representative of Frostburn.
- Upload any software or Content that you do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Post, transmit, promote, or distribute Content that is illegal.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.
- Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- You must obey all applicable laws, regulations and rules wherever you are on the Service. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on the Service. We will cooperate with law enforcement in such matters.
- You will not exploit any bug in Frostburn's product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service.
- The utilization of any outside services, third party tools, or individuals competing on your behalf for the artificial inflation of your Match Making Rating (MMR) is expressly prohibited.
If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them using the "Help" or "Report Abuse" functions of the Service.
4. Commercial Activity and Unsolicited E-mail.
You may not advertise any goods or services on Frostburn. Chain letters and pyramid schemes are not allowed. You may not use any area of Frostburn to collect information, including login names, about Frostburn Members, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit Frostburn, or any games or services offered on Frostburn for any commercial purpose. Any violation of these provisions can subject your Frostburn Account(s) to immediate termination (or result in revocation of Guest status, if you are a guest) and further legal action.
5. Changes to the Terms of Service Agreement, the Game or Frostburn Services and Servers.
Frostburn reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Game or the Service (including Frostburn servers), hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice; provided, however, that material changes (as determined in Frostburn's sole and absolute discretion) will be disclosed as follows: Frostburn will provide you with notification of any such changes through a patch process, or by email, forum posting, postal mail, website posting, pop-up screen, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Game and the Account. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Frostburn may change, modify, suspend, or discontinue any aspect of the Game, including but not limited to adding or subtracting Frostburn game servers, at any time. Frostburn may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
6. Alpha / Beta Policy
If you have been selected to the alpha or beta program for any of Frostburn's products you do so under the following express conditions:
Alpha/beta tests are strictly confidential. The games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a alpha/beta test, you will use your best efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. In addition no recordings, no screenshots, no assets grabs of any type will be permitted. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to Frostburn, and Frostburn is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations.
By starting an alpha/beta game, you agree that: Playing alpha/beta games is at your own risk and that you know that the games may include known or unknown bugs, Any value or status indicators that you achieve through game play may be erased at any time, Frostburn's TOS applies to your use of the games during the testing phase, and, you will keep all information about the alpha/beta games confidential as stated above and not disclose such information to any other person. User's Computer Information. When you connect to Frostburn for the alpha/beta test, we will retrieve information from the computer used to log onto the beta test about the computer's hardware system and any data related to the computer's operation of Frostburn. We will not collect any personal information about you, however, without your knowledge and consent as stated in our PP.
7. Disclaimer of Warranty
THE GAME AND THE SERVICE ARE PROVIDED "AS IS" AND Frostburn DOES NOT WARRANT THAT THE GAME OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Frostburn EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
8. Limitation of Liability.
NEITHER Frostburn NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAME OR SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL Frostburn BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Upon request by Frostburn, you agree to defend, indemnify and hold harmless Frostburn and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on Frostburn. Frostburn reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Frostburn in that matter. This Section shall survive termination of this Agreement.
10. Ownership of Materials
All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Frostburn. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement. In addition any and all properties created by end users or third-parties become property of Frostburn. Any attempt to turn user created properties into commercial properties is expressly forbidden and will result in ex parte injunctive relief without bond to prevent the breach or threatened breach of intellectual property rights.
This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and deleting the Game. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for game access to HoN. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid on behalf of the Account prior to any termination of this Agreement. Frostburn may terminate this Agreement with or without notice by terminating the Account for violations of any provision of this Terms of Service Agreement. The provisions of this Agreement relating to ownership of the Game and all related activities, content, choice of law, indemnification and confidentiality shall survive any termination of this Agreement.
No refunds will be provided that are requested more than 30 days after original purchase date. During open beta and retail launch you may request a refund within 30 days of purchase and a refund will be granted only if you DID NOT login and access the game client.
13. Governing Law.
Except as expressly provided otherwise, this Agreement shall be 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. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. Those who choose to access the Service from locations outside of the United States, do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Service Agreement is the complete and exclusive statement of the agreement between you and Frostburn concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Frostburn. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AGREEMENT AND AGREE THAT MY USE OF THE GAME AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT.