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S2 Games Heroes of Newerth Account Terms of Service

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THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING T
HE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. I
F YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INST
ALL, COPY OR USE THE GAME.
Heroes of Newerth (hereinafter HoN ) is composed of the software program, and any f
iles that are delivered to you by S2 Games, LLC (herein referred to as S2 or S2
Games), via on-line transmission or otherwise, to "patch," update, or otherwise
modify the software program, as well as any printed materials and any on-line or
electronic documentation (the "Manual"), and any and all copies and derivative
works of such software program and Manual (collectively, the "Game") and is the
copyrighted work of S2 Games, LLC and its subsidiaries, affiliates or its licens
ors. The website, http://www.heroesofnewerth.com, all related sites, online pla
y environments, including but not limited to S2 servers, and related activities
in and of S2 Games, are the sole and exclusive property of S2 Games, LLC. Your u
se of S2 games and services is subject at all times to these Terms of Service (T
OS), or Privacy Policy (PP) and/or our Beta Policy (BP) which are incorporated h
erein by reference.
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 t
he Game not expressly authorized by the terms of the TOS, or without the prior w
ritten consent of S2, is expressly prohibited.
If you have questions about the Terms of Service, please contact us by sending a
n email to TOS@s2games.com
1. Heroes of Newerth Online Account Registration
In order to use the service and the Game, you will be required to establish a se
parate account (your Account ) on S2 s centralized account system. When creating thes
e accounts, you may be required to provide S2 with certain personal information,
financial information and an unused Authentication Key provided to you by S2. Y
ou agree that you will supply accurate information to S2 when requested, and tha
t 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 Informatio
n"). You may not share the Account or the Login Information with anyone other th
an as expressly set forth herein. S2 will not ask you to reveal your password or
ever initiate any contact with you asking for your reminder words. (If you forg
et 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 AGR
EE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, A
ND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE A
ND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF S2.
C. S2 MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR AN
Y REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explan
ation and not limitation, most account suspensions, terminations and/or deletion
s 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 S2 harmless fo
r any improper or illegal use of your Account.
S2 does not recognize the transfer of S2 or HoN accounts. You may not purchase,
sell, gift or trade any Account, or offer to purchase, sell, gift or trade any A
ccount, and any such attempt shall be null and void. S2 owns, has licensed, or o
therwise has rights to all of the content that appears in the Game. You agree th
at 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.
2. Content
S2, our Members, our affiliates, and our independent content providers provide m
ost of the Content on S2. S2 does not pre-screen all Content. You bear the entir
e risk of the completeness, accuracy or usefulness of Content found on S2.
Strong vulgar language, hate speech, crude or explicit sexual references, discus
sions of illegal drugs, terrorist plots, and subversive behavior are inappropria
te Some game play and chat rooms may involve use of stronger language than other
s, including mild expletives. Always use your best judgment in online conduct. I
f 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.
S2 does not endorse, approve, or prescreen any Content that you or other users c
ommunicate on the Service. S2 does not assume any responsibility or liability fo
r Content that is generated by Members or other guests on S2. We reserve the rig
ht to remove Content that is objectionable to us for any reason. This determinat
ion is in our sole discretion, and is final. S2 does not assume any liability fo
r 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 ser
ious offense or you've violated our rules before, we may ban you from participat
ing on S2 and terminate your Account.
3. Online Conduct
Online conduct should be guided by common sense and basic etiquette. The laws th
at apply in the offline world must be obeyed online as well. We have zero tolera
nce for illegal behavior at S2. You must also obey rules for use of third party
tools, and rules of interactive service providers, state, local, federal laws, o
r foreign or international law where appropriate. Ignorance of the law is no exc
use. We terminate use of the Game and any related services and cooperate with la
w enforcement for illegal behavior.
You agree that you will be personally responsible for your use of HoN and the Se
rvice and for all of your communication and activity on the Service, including a
ny Content you contribute, and that you will indemnify and hold harmless S2., it
s affiliates, employees, officers, and directors from any liability or damages a
rising from your conduct on S2, including any Content that you contribute.
The following rules are not meant to be exhaustive, and S2 reserves the right to
determine which conduct it considers to be outside the spirit of the Game and t
o take such disciplinary measures as it sees fit up to and including termination
and deletion of the Account. S2 reserves the right to modify this Terms of Serv
ice at any time.
You will violate the Terms of Service if you (or others using your Account) do a
ny of the following:
** Harass, threaten, embarrass, or do anything else to another Member or guest t
hat is unwanted.
** Transmit or facilitate distribution of Content that is harmful, abusive, raci
ally or ethnically offensive, vulgar, sexually explicit, defamatory, infringing,
invasive of personal privacy or publicity rights, or in a reasonable person's v
iew, objectionable. Hate speech is not tolerated.
** Impersonate another person (including celebrities), indicate that you are an
S2 employee or a representative of S2.
** Upload any software or Content that you do not own or have permission to free
ly distribute.
** Promote or encourage any illegal activity including hacking, cracking or dist
ribution 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 wi
thout limitation advertising, promotional materials, chain letters, pyramid sche
mes, or make any commercial use of our Service.
** Use or distribute "auto" software programs, "macro" software programs or othe
r "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 la
ws where applicable. Ignorance of the law is no excuse. The laws that apply in t
he offline world must be obeyed online as well. We have zero tolerance for illeg
al behavior on the Service. We will cooperate with law enforcement in such matte
rs.
** You will not exploit any bug in S2 s product to gain unfair advantage in the ga
me and you will not communicate the existence of any such bug (either directly o
r through the public posting) to any other user of the Service.
If you encounter another user of the Service who is violating any of the Rules o
f 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 S2. Chain letters and pyramid sch
emes are not allowed. You may not use any area of S2 to collect information, inc
luding login names, about S2 Members, and use of such information to send unsoli
cited e-mail or for any other purpose is strictly prohibited. You may not exploi
t S2, or any games or services offered on S2 for any commercial purpose. Any vio
lation of these provisions can subject your S2 Account(s) to immediate terminati
on (or result in revocation of Guest status, if you are a guest) and further leg
al action.
5. Changes to the Terms of Service Agreement, the Game or S2 Services and Server
s.
S2 reserves the right, at its sole and absolute discretion, to change, modify, a
dd 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 S2 servers), hours of availabilit
y, content, data, software or equipment needed to access the Game or the Service
, effective with or without prior notice; provided, however, that material chang
es (as determined in S2 s sole and absolute discretion) will be disclosed as follo
ws: S2 will provide you with notification of any such changes through a patch pr
ocess, 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 y
ou or cause you to no longer be in compliance with this Agreement, you must term
inate, and immediately stop using, the Game and the Account. Your continued use
of the Game following any revision to this Agreement constitutes your complete a
nd irrevocable acceptance of any and all such changes. S2 may change, modify, su
spend, or discontinue any aspect of the Game, including but not limited to addin
g or subtracting S2 game servers, at any time. S2 may also impose limits on cert
ain 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 S2 s products yo
u do so under the following express conditions:
Alpha/beta tests are strictly confidential. The games, including information abo
ut features and functionality to be offered as part of the games, are confidenti
al. If you participate in a alpha/beta test, you will use your best efforts to s
afeguard and to prevent unauthorized access to, copying, disclosure, and unautho
rized use of the beta games. In addition no recordings, no screenshots, no asset
s 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 S2, and
S2 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 you
r obligations.
By starting an alpha/beta game, you agree that: Playing alpha/beta games is at y
our 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, S2 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 st
ated above and not disclose such information to any other person. User s Computer
Information. When you connect to S2 for the alpha/beta test, we will retrieve in
formation 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 S2. 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 S2 DOES NOT WARRANT THAT THE G
AME OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE COR
RECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COM
PONENTS. S2 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WI
THOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OR USE, AND NON-INFRINGEMENT.
8. Limitation of Liability.
NEITHER S2 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 STO
PPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, AC
COUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTION
S 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 S2 BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, I
NCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
9. Indemnification
Upon request by S2, you agree to defend, indemnify and hold harmless S2 and its
affiliates, subsidiaries, employees, contractors, officers, directors, vendors,
and content providers from all liabilities, claims and expenses, including attor
neys' 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 S2. S2 re
serves the right, at its own expense, to assume the exclusive defense and contro
l of any matter otherwise subject to indemnification by you. In that event, you
shall have no further obligation to provide indemnification to S2 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, lo
cations, concepts, artwork, character inventories, structural or landscape desig
ns, animations, sounds, musical compositions and recordings, audio-visual effect
s, storylines, character likenesses, methods of operation, moral rights, and any
related documentation) are owned or licensed by S2. The Game is protected by th
e copyright laws of the United States, international treaties and conventions, a
nd 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 viola
tion of this License Agreement. In addition any and all properties created by en
d users or third-parties become property of S2. 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 bre
ach of intellectual property rights.
11. Termination.
This Agreement is effective until terminated. You may terminate this Agreement b
y 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 y
ou 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 Acco
unt prior to any termination of this Agreement. S2 may terminate this Agreement
with or without notice by terminating the Account for violations of any provisio
n 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, ind
emnification and confidentiality shall survive any termination of this Agreement
.
12. Refunds
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 withi
n 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 o
f the State of Michigan, without regard to choice of law principles. The applica
tion of the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. This Agreement shall be interpreted to give maximu
m effect to the terms and conditions hereof. Those who choose to access the Ser
vice 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.
14. Miscellaneous.
If any provision of this Agreement shall be unlawful, void, or for any reason un
enforceable, then that provision shall be deemed severable from this Agreement a
nd 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 S2 concerning the Service, and this Agreement supersed
es any prior or contemporaneous agreement, either oral or written, and any other
communications with regard thereto between you and S2. This Agreement may only
be modified as set forth herein. The section headings used herein are for refere
nce only and shall not be read to have any legal effect.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERV
ICE AGREEMENT AND AGREE THAT MY USE OF THE GAME AND THE SERVICE IS AN ACKNOWLEDG
MENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF SE
RVICE AGREEMENT.

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