Stardock

Terms of Use

This is a legal contract between you and Stardock Systems, Inc. and its subsidiaries and affiliates ("Stardock", "we" and "our") stating the terms and conditions that govern your use of the Stardock store service. This agreement, together with all updates, Additional Terms (defined below) and software licenses, collectively constitute the “Agreement” between you and Stardock. By using or accessing this website, including making any purchase or download initiated from this website, you unconditionally agree to these terms, including, without, limitation, all of the provisions detailed below. If you do not agree to this Agreement, do not make any purchase through this website and do not download any software from Stardock.

  1. Description of Service. Stardock is the provider of the Stardock store ("Service") that permits you to evaluate and purchase computer software (i.e., end user licenses), as well as update previously purchased computer software, via digital download to your personal computer, upon the terms and conditions set forth in this Agreement. You can review the most current version of these Terms of Service at any time at: www.stardock.com/terms. In order to use the Service, you will need to create a registered and valid user account ("Account"), at no cost to you, with Stardock (if you do not already have one). You can create an Account with Stardock’s Service on our secure site at www.stardock.com/accounts/createaccount. You will need dedicated access to the internet on your personal computer, and a valid personal e-mail address. You are responsible for providing and maintaining all necessary equipment and internet service (at your sole cost) to use the Service and your Account. The quality and speed of your hardware and internet connection will affect your use of the Service and your Account.
  2. Age Requirements for Use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or legal guardian to make sure that you and your parent or legal guardian understand the Agreement and its terms and conditions. You may not use this Service is you are under the age of 13.
  3. Sales Policies. Your use of the Service and transactions made through it are subject to Stardock’s Return Policy posted at https://store.stardock.com/policy.aspx#Policy_ReturnPolicy, which can be readily viewed on the Service, and any end-user license agreements or other terms and conditions required for use of the Service, all of which are incorporated into and made a part of this Agreement. If you have not already read Stardock’s Return Policy, you should do so now. Your purchase of software products made through the Service is subject to any end-user license agreements or other terms and conditions required for use of such products, all of which are hereby made a part of this Agreement.
  4. Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to Stardock’s Privacy Policy posted at https://store.stardock.com/policy.aspx#Policy_PrivacyStatement, which is expressly made a part of this Agreement. If you have not already read Stardock’s Privacy Policy, you should do so now.
  5. Your Personal Information. You must provide accurate, current, and complete information required to register with the Service and create an Account, as well as at other items as may be required in the course of using the Service ("Registration Data"). Further, you shall maintain and update your Registration Data as required to keep it accurate, current, and complete. Stardock may terminate your rights to any part of or all of the Service and/or your Account if any information you provide is false, inaccurate or incomplete, or if your breach this Agreement. You agree that Stardock may store and use your Registration Data (including credit card and PayPal account information) for use in maintaining your Account and in billing fees to your credit card or PayPal account.
  6. User Account and Security.
    1. Account and Password. You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Stardock of any unauthorized use of your Account or any other breach of security. Stardock shall not be responsible for any losses arising out of the unauthorized use of your Account.
    2. Security. You understand that products transacted through the Service, such digital download computer software ("Products"), include a security encryption and digital rights management technology that protects unauthorized Product activation and requires you to validate your Product through the Service as a condition of activation. You shall not violate or attempt to violate any security components. Further, you shall not attempt to, or assist or encourage another person to, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Products, the Service, or any of the security components related to the Products, in whole or in part, or create any derivative works from or of the foregoing intellectual property. You shall not access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil and/or criminal liability.
  7. Territory. The Service is available to you only in the United States of America, its territories, and possessions. You agree not to use or attempt to use the Service from outside of the available territory, and that Stardock may use technologies to verify your compliance.
  8. Agreement to Pay.
    1. Payment for Products. You shall pay for all Products you purchase through the Service, and Stardock may charge your credit card or PayPal account for any Products purchased, and for any additional amounts (including any taxes, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING STARDOCK WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the PayPal account, you designate on your Account. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information by logging into your Account and updating your account information.
    2. Prices and Availability of Products Subject to Change. Prices and availability of all Products are subject to change at any time. In fact, you acknowledge that from time to time Stardock may offer Product sales, promotions, deals or bundles, and that no such sale, promotion, deal or bundle shall entitle you to a refund or credit, partial or whole, of any fees previously charged to your Account and/or paid by you to Stardock or its assignees.
  9. Delivery of Products. All purchased Products will be delivered to you via digital download to your personal computer. Purchased Products can only be activated through your Account. If you experience any technical problems with the download of a purchased Product, your Account, or the activation of a purchased Product, you must contact Stardock's technical support at www.stardock.com/support. Your sole and exclusive remedy with respect to a Product that is not delivered within a reasonable period of time or that is defective will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by Stardock in its sole discretion.
  10. Use of Products. Your use of a Product and your rights with respect to the use of a Product will be governed by the end user license agreement, if any, provided for the Product by or for the Product developer or publisher ("EULA"). This Agreement does not amend or supersede any EULA between you and a provider of a Product. If you receive a Product that is not accompanied by a EULA or that is not activated or used upon the express condition that you accept its EULA, then in such event Stardock grants you a limited and non-exclusive license to download and use the Product for your personal and non-commercial purposes only, without any rights to modify, reproduce, de-compile or reverse engineer the Product. All Products are protected by copyright and other intellectual property laws and treaties. Stardock and/or its licensors own the title, copyright and other intellectual property rights in and to the Products, and all Products are licensed and not sold.
  11. Intellectual Property.
    1. Ownership. The Service, including but not limited to Products, graphics, user interface, trailers, demos, screen shots, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Stardock and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright laws, and therefore you shall not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement and use of a purchased Product in compliance with the terms of the applicable EULA. No portion or content of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
    2. Copyrights. All copyrights and other intellectual property rights in and to the Service and the Products offered by Stardock are owned by Stardock, Stardock's affiliates or subsidiaries, and/or its/their licensors, who reserve all of their rights in law and equity. THE USE OF STARDOCK’S INTELLECTUAL PROPERTY RIGHTS WITHOUT PRIOR WRITTEN AUTHORIZATION FROM STARDOCK MAY SUBJECT YOU TO LIABILITY, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
    3. Trademarks. Stardock®, the Stardock logos, and other Stardock trademarks, service marks, graphics, and logos used in connection with the Service are trademarks/service marks or registered trademarks/service marks of Stardock Systems, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks or service marks of their respective owners. You are granted no right or license whatsoever in or to the aforementioned trademarks or service mark, and no right or license to use them.
    4. Reservation of Rights. Except for the rights expressly granted to you in this Agreement and in the EULAs included for the Products, all right, title and interest in the Service and the Products are reserved and retained by Stardock, Stardock’s affiliates and subsidiaries, its/their licensors, and its/their respective providers, publishers and holders of intellectual property rights. You do not acquire any ownership interest or ownership rights whatsoever in the Service or the Products as a result of using the Service or downloading, installing and/or using the Products.
  12. Termination. If you fail, or Stardock suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Stardock with a valid credit card, PayPal account or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the any usage rules or software license referenced in this Agreement, or infringement or other violation of a third party’s rights, or otherwise breach any provision of this Agreement, Stardock, at its sole discretion, without notice to you may: (a) terminate this Agreement and/or your Account, in which event you will remain liable for all amounts due under your Account up to and including the date of termination; (b) preclude access to the Service (or any part thereof); and/or (c) de-activate any Product(s) for which a Product license has not been paid in full.
  13. General Compliance with Laws. The Service is controlled and operated by Stardock from its offices in the United States of America. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that may apply to your use of the Service.
  14. Enforcement of These Terms. Stardock reserves the right to take any steps or course of action it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Stardock’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that Stardock has the right, without liability to you, to disclose your Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Stardock believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Stardock’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).
  15. No Responsibility for Third Party Materials or Websites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Stardock may provide links to certain third party websites, including, without limitation, links to official websites for software Products or software developers, distributors or publishers related to Products offered by Stardock. You acknowledge and agree that Stardock shall not be responsible for examining or evaluating the content or accuracy of any such third party materials or websites. Stardock does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third party materials in a manner that would infringe upon or violate the rights of any other party, and that Stardock shall not be in any way responsible for any such use by you.
  16. Important Safety Information for Games. To avoid muscle, joint or eye strain during personal computer game play, you should always take frequent breaks from playing, and stop and take a longer rest if your eyes, hands, wrists, or arms become tired or sore or you feel any other discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing personal computer games. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before playing personal computer games if you have ever suffered these or other symptoms linked to seizures and/or epilepsy, and stop playing immediately and see a physician if these or similar symptoms occur during game play. Parents should monitor their children’s personal computer game play for signs of symptoms identified above.
  17. Disclaimer of Warranties; and Limitation of Liability.
    1. STARDOCK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME STARDOCK MAY SUSPEND, LIMIT, OR REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. FURTHER, STARDOCK MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT: (A) THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS; (B) THE SERVICE WILL BE SECURE; (C) THE QUALITY OF THE SERVICE OR PURCHASED OR DOWNLOADED PRODUCTS WILL MEET YOUR EXPECTATIONS; OR (D) THE SERVICE OR ANY PURCHASED OR DOWNLOADED PRODUCT WILL BE COMPATIBLE WITH YOUR PERSONAL COMPUTER SYSTEM.
    2. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY STARDOCK) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
    3. IN NO CASE SHALL STARDOCK, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF ITS/THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM YOUR USE OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY PRODUCT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, STARDOCK’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
    4. STARDOCK WILL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND STARDOCK HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
    5. STARDOCK DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND STARDOCK DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN COMPUTER SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR DOWNLOADED THROUGH THE SERVICE.
  18. Indemnity and Waiver. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STARDOCK, ITS SUBSIDIARIES AND ITS/THEIR AFFILIATES, AND ITS/THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS WITH RESPECT TO ANY CLAIMS AND/OR ATTORNEY FEES INCURRED BY STARDOCK, ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY STARDOCK AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THEREFORE, YOU CANNOT AND SHALL NOT SUE OR RECOVER ANY DAMAGES FROM STARDOCK, ITS SUBSIDIARIES, ITS/THEIR AFFILIATES, AND/OR ITS/THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF STARDOCK’S DECISION TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE AND/OR ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF STARDOCK’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
  19. Changes; Modifications; and Supplements. Stardock reserves the right, at any time and from time to time, to update, revise, change, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, and/or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Service shall be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. Further, Stardock reserves the right, at any time and from time to time, to change, alter, update, replace, expand, limit, terminate or otherwise modify the Service without notice to you.
  20. Notices. Stardock may send you notice with respect to the Service or your Account by sending an email message to the email address listed on your Account as part of your contact information, by sending a letter via postal mail to the contact address listed on your Account, or by a posting on the Stardock Store. All such notices shall become effective immediately.
  21. How to Contact Stardock. If you need to contact Stardock with respect to the Service or this Agreement, you must refer to the technical support and contact information posted on the stardock.com website. Any written inquiries intended for postal delivery to Stardock should be sent to Stardock at the following postal address: Stardock Systems, Inc., 15090 Beck Rd., Plymouth, MI 48170.
  22. Governing Law and Jurisdiction. This Agreement and your use of the Service shall be governed by and construed and enforced in accordance with the laws of the State of Michigan, notwithstanding any conflict of laws principles or doctrines. Your use of the Service may also be subject to other local, state, national, or international laws. You knowingly, voluntarily and expressly agree, to the maximum extent permitted by law, that the sole and exclusive jurisdiction and venue for any claim, suit or dispute with Stardock and/or its subsidiaries or affiliates or that in any way relate to your use of the Service or the provisions of this Agreement shall be in the U.S. District Courts for the Eastern District of Michigan located in Wayne County, Michigan, and in the Courts of the State of Michigan located in Oakland County, Michigan, USA.
  23. Claims Limitation To the maximum extent permitted by law, you expressly, knowingly and voluntarily agree that any and all lawsuits, causes of action and/or claims against Stardock and/or its parent or affiliates shall be forever waived, barred and released unless properly brought and filed in a court of competent jurisdiction within one (1) year from the date upon which said lawsuit, cause of action or claim accrued.
  24. Miscellaneous. This Agreement constitutes the entire and integrated agreement between you and Stardock with respect to your use of the Service and the subject matter hereof, and this Agreement supersedes and replaces any and all prior agreements between you and Stardock with respect to the Service and said subject matter. If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Stardock’s failure to enforce any right, remedy or provisions in this Agreement shall not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or illegal, the other provisions will remain in full force and effect. Stardock shall not be responsible for failures to fulfill any obligations due to causes beyond its control.

Last updated: March 31, 2014