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By accessing Ship of Heroes (“SoH” or “the game”) or its content, you agree to these terms and conditions.
READ THIS DOCUMENT CAREFULLY.


RULES OF CONDUCT

The goal of these Rules of Conduct is to facilitate a positive community. Posting in chat is a privilege that can be revoked. Players making hostile, objectionable, or unhelpful comments in the opinion of Heroic Games Corporation (“HG”) may lose this privilege. Failure to observe the below Rules of Conduct or any other provision of this document allows HG to terminate your right to access to the game without any refund.


PRIMARY RULE: BE NICE AND RESPECT RULES AND LAWS

1. Be friendly and helpful: No rudeness, bullying, insulting, threatening, no defamation. Do not disrupt the game for other players (no "griefing"). Refrain from swearing, including modified spelling of swear words. Making false claims is a violation of terms of service.
2. No promotion of businesses, political, lifestyle, or religious agendas or use of chat or other game features for non-game purposes is permitted. No solicitation of any kind unrelated to the game is allowed.
3. Respect the rules: No cheating, scamming, or gambling. No exploitation of bugs or software to circumvent or violate any provision herein. You must provide truthful information to register. Do not share or resell your account access. Enabling players banned from the game to access the game, or using the game or its content if you are banned for a violation of any provision herein, is a violation of this agreement.
4. Respect the law: No fraud, hacking, or other illegal activity. Scraping of data, data mining, and the use of bots are prohibited. No violation of our intellectual property rights or exploitation of the game or its content for commercial purposes. However, you have a limited license to publish SOH content on social media and video platforms, even if doing so results in monetary gains, as long as you provide clear identification of the game and provide clear credit for the game to HG. You must respect HG’s trademarks, copyright, and other IP rights. No impersonation of any third party, including posing as one of HG employees. Do not use real-world identities.

QUALIFICATIONS

YOU: You must be 13 years of age or over to access and play Ship of Heroes. If HG discovers you are under 13 years of age, HG may terminate your access to the game and you will receive no refund.

YOUR SYSTEM: Ship of Heroes requires certain computer capabilities. You are responsible for ensuring that your equipment and service are compatible with and adequate to play the game. You understand and agree that HG is not responsible for any inability to play SoH or any damage to your computer.


NO RIGHT OF PRIVACY OR OWNERSHIP
(whether content online or on your computer)

CHAT
: All messages you post and all content you create are public and you understand and agree that you have no privacy rights in any posts or content.

CONTENT
: The entire game and all content, including content created by you, and all intellectual property rights related to the game, belong to Heroic Games Corporation and you understand and agree that you have no rights of any kind in the game, aspects of the game, or any content, even if created by you. You also understand that you may not and agree that you will not use any content that infringes any third-party intellectual property rights. You may not use any game content, even if created by you, for commercial gain, except as specified above. You may not misappropriate any name or identity in the game or any other game features for another use. Heroic Games Corporation will vigorously enforce its intellectual property rights, including without limitation by pursuing injunctive relief and/or monetary damages.

LICENSE: Upon receipt of applicable fees, including download, subscription, or other fees and agreement to all of the terms herein, you will be granted a limited license to use Ship of Heroes, as long as your account is current and you have not violated any rule of conduct or any other term herein. Content, options, and assets may change at the discretion of Heroic Games Corporation and the license granted to you is only for SoH and its content available at the time you access the game. Use of the game in excess of your license, and any use after any revocation of your license, infringes HG’s rights. Violation of any rule of conduct, or your license, or of any other provision of these terms can result in revocation of your license without notice or refund. Again, Heroic Games Corporation will vigorously enforce its intellectual property rights, including injunctive relief and/or monetary damages.

SUBSCRIPTION FEES: You will pay for the license subscription you choose. If you cancel, you will not receive a refund. If you are banned due to violation of any terms herein, you will not receive a refund. Heroic Games Corporation is not responsible for game interruptions beyond its control, whether individual interruptions or widespread interruptions, and you will not receive a refund for any such interruptions (including, but not limited to, disruptions related to internet, utilities, weather, civil unrest, criminal activity, government action, or local, national, or world events) and you will not receive a refund for any such interruptions or for interruptions due to game or system maintenance. If, during your subscription, Heroic Games Corporation materially changes the terms herein and you wish to cancel, you may request a refund for the remainder of your subscription term. If, at any time for any reason, HG issues you a refund, such refund shall only be issued to the same name and account and by the same payment method that you used to purchase your subscription.

PRIVACY OF YOUR SUBSCRIPTION AND OTHER DATA: By registering, you agree to maintain an active email address for your Ship of Heroes account, and that HG may obtain from Steam the information required for the purpose of creating and maintaining an account with HG. You agree that HG may use the information you provide or content you create, as well as information disclosed by your computer or the internet (such as IP addresses) to identify you and contact you to deliver notices and to send you marketing information. You understand that HG monitors your use of the game to help you play the game, for its internal analysis to help improve the game, to ascertain and investigate violations of the rules of conduct or any other term herein, and to confirm that you only use the game as allowed by your subscription license. You also understand and agree that HG may provide information to law enforcement and other government authorities, without any liability to you, and you hereby consent to such disclosures.


WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEROIC GAMES CORPORATION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SHIP OF HEROES IS PROVIDED “AS AVAILABLE” AND "AS IS" WITHOUT ANY FURTHER WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE GAME AND THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE YOUR COMPUTER OR DEVICE OR SYSTEM. HEROIC GAMES CORPORATION DOES NOT WARRANT THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. HG’s LIABILITY TO YOU IS LIMITED TO RESTORED ACCESS TO THE GAME, AS POSSIBLE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HG HAS NO LIABILITY TO YOU WHATSOEVER, AND IN NO EVENT WILL HEROIC GAMES CORPORATION BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE GAME OR YOUR USE OR ATTEMPTED USE OF THE GAME OR ITS FEATURES, INCLUDING ANY CHAT FUNCTION. FURTHER, IN THE EVENT THAT HEROIC GAMES CORPORATION IS FOUND LIABLE FOR ANY DIRECT OR OTHER DAMAGES, SUCH LIABILITY SHALL BE LIMITED TO THE COST OF YOUR THEN-CURRENT SUBSCRIPTION TERM.


INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD HARMLESS HEROIC GAMES CORPORATION AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIM, DEMAND, OR LOSS (INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS) ARISING FROM OR RELATED TO YOUR REGISTRATION FOR OR USAGE OF SHIP OF HEROES, YOUR VIOLATION OF ANY RULE OF CONDUCT OR ANY OTHER TERM HEREIN, AND/OR YOUR POSTS, CONTENT OR INTERACTIONS WITH OTHER USERS, AS WELL AS ANY OTHER ACTION OR OMISSION COMMITTED BY YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SHALL BE SOLELY RESPONSIBLE FOR RESOLVING ANY AND ALL DISPUTES THAT MAY ARISE BETWEEN YOU AND OTHER USERS, AND FOR PAYING ANY AND ALL EXPENSES INCURRED BY YOU IN CONNECTION WITH RESOLVING SUCH DISPUTE. HEROIC GAMES CORPORATION SHALL NOT BE RESPONSIBLE FOR MEDIATING OR RESOLVING ANY SUCH DISPUTES AND SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OR ANY THIRD PARTY FOR ANY COSTS, FEES, EXPENSES, DAMAGES OR OTHER LOSSES INCURRED IN CONNECTION WITH OR AS A RESULT OF ANY SUCH DISPUTES, AND YOU SHALL FULLY INDEMNIFY AND HOLD HARMLESS HEROIC GAMES CORPORATION IN REGARD TO ANY SUCH ISSUES.


TERM AND TERMINATION

The terms herein apply from the moment you register or first access the game until you cancel your subscription, let your subscription expire, or HG terminates your access. Heroic Games Corporation may terminate your access at any time without notice. If such termination is due to your violation of any term herein or interference by any law, court or government agency with HG’s offering of the game, you will receive no refund. Upon any termination, you must delete all game content from your system (including computer or any other device).


DISPUTE RESOLUTION

NEGOTIATION: You agree to use your best effort to negotiate a resolution to any dispute. Your notice of any dispute shall be submitted to Heroic Games Corporation through a contact form at http://www.shipofheroes.com. Such notices shall contain a reasonable description of the dispute, along with a proposed resolution. Our notice of any dispute shall be sent to you at the email address associated with your account or at the address you provide. If no such information exists or if such information is not current, or if for any reason you do not respond within thirty (30) days of the date the notice is sent, then Heroic Games Corporation has no further obligation to attempt to contact you (whether to initiate the dispute resolution process or to respond to a dispute notice from you). If the parties cannot resolve any dispute within thirty days of a party sending a dispute notice, either party may bring an action in a court of competent jurisdiction pursuant to the venue restrictions below.

GOVERNING LAW: These terms (to which you agree by accessing SOH) shall be governed by and construed under the laws of the United States of America and the laws of the State of Indiana, without regard to choice of law principles. If you access the game from outside of the United States, you are also responsible for compliance with all applicable laws in your jurisdiction. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. The parties agree to submit to the exclusive jurisdiction of the state and federal courts in Hamilton County, Indiana, and you consent to venue in and personal jurisdiction before such courts. You agree that any legal action brought by you must be on an individual basis only, and not on a class or representative basis.

WAIVER OF JURY BY TRIAL: YOU ACKNOWLEDGE AND AGREE THAT ANY DISPUTE THAT MAY ARISE UNDER THESE TERMS OR OUR PROVISION OR YOUR USE OF THE GAME IS LIKELY TO INVOLVE DIFFICULT ISSUES AND, THEREFORE, FOR ANY DISPUTE RESOLVED IN COURT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING THESE TERMS OR OUR PROVISION OR YOUR USE OF THE GAME.

NOTICE DEADLINE: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU MUST FILE ANY LEGAL PROCEEDING ALLOWED HEREIN BY THE NINETIETH (90TH) DAY AFTER THE END OF THE NEGOTIATION PERIOD DESCRIBED ABOVE.

GENERAL PROVISIONS

The partial or complete invalidity of any one or more provisions herein shall not affect the validity or continuing force and effect of any other provision and, where possible, shall be replaced by a valid provision that effects as close as possible the intent of the invalid provision. HG’s failure to insist, in any one or more instances, upon the performance of any obligation, or to exercise any right, shall not be construed as a waiver or relinquishment of any such term or condition or right as respects further performance. Heroic Games Corporation shall have the right to assign its rights and obligations in whole or in part to a third party at any time without notice. Your rights are personal to you and may not be assigned. These terms constitute the entire understanding and agreement between Heroic Games Corporation and supersede any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof. Heroic Games Corporation reserves the right to modify these terms and/or the game at any time. Heroic Games Corporation will notify you of such changes and, if you do not agree to any such modification, you may terminate your subscription use of the game. Your use of the game following any such modification constitutes your acceptance of any and all such modifications.