Terms of use
LARIAN STUDIOS TERMS OF USE
TERMS OF SERVICE
These terms of service (the “ToS”) set forth the rules and conditions by which Larian Studios offers you access to the service provided (the “Service”). The Service operates in conjunction with software of the game (the “Game”) and any other of Larian Studios’ apps, websites, games, or services that link to these ToS. While using these products and services, Larian Studios may require you to provide personal information which Larian Studios may retain and use according to the terms of the applicable Privacy Policy (which you can consult here [link]. Please read these terms and said Policy carefully. Your use of the Game and Service is subject to acceptance of these ToS, the Game’s End User License Agreement (the “EULA”) and the Privacy Policy (which are both incorporated in these ToS by reference) prior to playing the Game. By clicking the “Accept” button, or by using the Service, you agree to all terms and conditions of these ToS and confirm that these ToS are enforceable like any written contract signed by you. “Larian Studios”, “We”, or “Us” in these ToS are to be understood as a reference to Larian Studios Games ltd., or any of its affiliated entities. Larian Studios Games ltd, is a legal entity operating under Irish law and doing business as Larian Studios. The official seat of the company is at 17A New Bride Street, Wood Quay, Dublin 8, Ireland. Larian Studios can be contacted via info@larian.com
LARIAN STUDIOS ACCOUNT
As part of the Service, you can create your own Larian Studios Account, which will allow you to manage your save games and get premium content. You can also link your Larian Studios Account to your other network accounts to open up cross-play between game platforms. Setting up a Larian Studios Account is completely optional, and not doing so will not prevent you from playing the Game. However, it might limit your access to certain content or features available. When you do set up a Larian Studios Account, you will be required to share personal data with us in order to allow us to provide you with the Service, features and content. Larian Studios will handle your personal data in accordance with the applicable Privacy Policy, which you can consult here [link]. You will be asked to agree to this policy when setting up your Account.
CODE OF CONDUCT
While using the Game or Service, you agree to comply with all applicable laws, rules and regulations of the jurisdiction in which you reside and the following additional rules that govern your use of the Game and Service (the “Code of Conduct”). The Code of Conduct is maintained and enforced solely and exclusively by Larian Studios. Larian Studios reserves the right, in its sole and exclusive discretion, to modify the Code of Conduct at any time, to determine what actions or conduct violate this Code of Conduct, and to take disciplinary measures for any such violations as it sees fit, up to and including termination and deletion of your Account. It is your responsibility to know, understand, and abide by the current Code of Conduct. The following are examples of actions which warrant and may result in measures by Larian Studios:
- Impersonation of any person, business or entity, including without limitation, a Larian Studios employee, or communicating in any way which gives the appearance or impression that the communications originates from Larian Studios, an employee of Larian Studios, or the Game or Service;
- Selecting a name that infringes on the rights of a third party, or which, in Larian Studios’ discretionary opinion, is offensive, defamatory, vulgar, obscene, sexually explicit, racially or ethnically insensitive or otherwise objectionable. This restriction cannot be circumvented by misspelling, alternative spelling or use of numbers or symbols. Larian Studios may, without notification to you, modify any name which, in Larian Studios’ sole and exclusive judgement, violates this provision and may take further measures, including Account termination, for repeated infractions;
- Posting or communicating any person’s personal information in the Game or on websites or forums related to the Game, except that a user may communicate their own personal information through private channels to another individual user. Such communication will be at your own responsibility and risk;
- Harassing, threatening, stalking, embarrassing, causing discomfort or distress, or providing or directing unwanted attention to any user of the Game or Service;
- Sending repeated, unsolicited, or unwelcome messages, or repeatedly posing similar messages in a chat or public area, including without limitation, advertisements to sell goods or services;
- Posting, communicating, or otherwise transmitting any content or language which, in the sole and exclusive discretion of Larian Studios, is offensive, including without limitation, content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, racially or ethnically insensitive or otherwise objectionable. This restriction cannot be circumvented by misspelling, alternative spelling or use of numbers or symbols;
- Taking or participating in any action with a disruptive effect or otherwise acting in a manner that negatively affects other users, whether for personal or commercial purposes, including without limitation posing commercial solicitations and/or other advertisements for goods and services, repeatedly posting content of a similar nature;
- Transmitting or facilitating the transmission of a virus, trojan horse, bot, worm, time bomb, cancelbot, corrupted data, keystroke logger, or other code or program routine which can alter, damage, detrimentally interfere with, or intercept, mine, scrape or expropriate any data of personal information from any system;
- Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Larian Studios or transmitting content that violates or infringes upon the rights of other, including without limitation, any patent, trademark, trade secret, copyright, publicity, personal or other rights;
- Taking or participating in any action that, in the sole and exclusive discretion of Larian Studios, may result in another user being scammed or defrauded out of any in-game item;
- Accessing or attempting to access areas of the Game, Service or Game servers which are not available to, or not meant to be available to the public;
- Playing on another user’s Account for any purpose;
- Any other conduct or action which is prohibited by the EULA, these ToS, or which Larian Studios in its sole and exclusive discretion, determines contrary or harmful to the spirit of the Game, regardless of whether such conduct or action is expressly listed above.
NO OWNERSHIP OF YOUR ACCOUNT
The Account which you use to access and use the Game and Service, including without limitations your username, password, character and all attributes, information and virtual goods and currency of or concerning that character (collectively an “Account”), are solely the property of Larian Studios. Larian Studios does not recognize the purchase, sale or transfer of any Account and you may not purchase, sell, transfer or trade any Account, or offer to do so, and any such attempt shall be null and void. You acknowledge and agree that you shall have no ownership or other property interest in any Account and that all rights in and to any Accounts are and shall forever be owned by and inure to the benefit of Larian Studios. You cannot share an Account with anyone or allow any other person to access your Account or offer to do so for any purpose. You are entirely responsible for maintaining the confidentiality of your username and password and should notify Us immediately if you become aware of any loss, theft or other disclosure thereof.
ACCOUNT SUSPENSION OR DELETION
Larian Studios may, in its sole discretion, suspend, terminate, modify or delete your Account at any time for any reason, with or without notice to you. For purpose of explanation and not limitation, if an Account is suspended, terminated or deleted, it is the result of a violation of these ToS or the EULA, Larian Studios no longer offering the Service in your region or if doing so is in the best interest of other players or the rights of a third party. Larian Studios may use automated systems and tools to assist in decisions concerning suspension, termination, modification, and deletion of accounts. Please further note that if your Account remains inactive for an uninterrupted period of 5 years, Larian Studios may delete your Account and remove all information and data related to it from its servers. Prior to deleting your Account, Larian Studios will try and contact you via the email address you have listed for your Account. Failure to respond to this e-mail within 30 calendar days will allow Larian Studios to remove your Account, as described above.
NO OWNERSHIP OF IN-GAME GOODS OR CURRENCY
Larian Studios owns or has licensed all rights and title in and to all content that appears in the Game and you agree that you have no right or title in or to any such content, which includes in-game (“Virtual”) goods and currency, and other objects and attributes appearing or originating in the Game or associated with an Account (collectively “Virtual Items”). While playing the Game, you may collect, unlock, or otherwise gain access to Virtual Items but you have no ownership or other property interest in such Virtual Items. Regardless of how you acquired access to any Virtual Items (e.g. crafting, discovery, collection, in-game barter, transacting with Larian Studios) you gain only a qualified right to access those Virtual Items in the Game while they remain associated with your Account. Larian Studios does not recognize any purported purchase, sale, transfer or trade of any Virtual Items outside of the Game, or offer to do so for real-world money or any other object or activity of value outside of the Game, and any such attempt shall be null and void. Larian Studios does not provide or guarantee, and expressly disclaims, any value in real-world money or otherwise, attributed to Virtual Items or any data residing on services which Larian Studios operates or controls, including any Virtual Items that you collect, unlock, or otherwise gain access to, regardless of any consideration offered or paid in exchange to them. Virtual Items have no monetary value and cannot be redeemed for real-world money. Larian Studios has the right to delete, alter, nerf, move, remove, or transfer any and all Game content, including without limitation, Virtual Items, at any time and for any reason or for no reason, with or without notice to you, and with no liability to you of any kind. Furthermore, Larian Studios shall not be liable under any circumstances for the destruction, deletion, modification, impairment, hacking, or any other damage or loss of any kind caused to any Virtual Items, including without limitation, the deletion of Virtual Items upon the termination or expiration of your Account.
USER GENERATED CONTENT
You are responsible for all communications, images, sounds, and other materials and info that you record, communicate, upload, or transmit though the Game or Service (“User Generated Content” or “UGC”). You will be the owner of your User Generated Content. You represent, warrant and agree that your UGC and its use for any purpose will not violate any third-party rights, will not be subject to an obligation of confidentiality, attribution or otherwise, and that Larian Studios will not be liable to you or any third party for the use or disclosure of the UGC. If you are a content owner and you believe that content posted on Larian Studios’ Services infringes upon your rights in copyright, then you can submit a notice to Larian Studios via legal@larian.com. For swift processing of your request, we kindly ask you to include in the notice: (a) a description of the copyrighted work you claim has been infringed, (b) the URL or other location information identifying the material you claim is infringing upon rights in copyrighted work; and (c) your contact info. You hereby grant Larian Studios, from the time of recording, communication, upload or transmission of the UGC, a worldwide, perpetual, irrevocable, sublicensable, transferrable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, and import the UGC, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including distributing UGC to others. You waive any moral rights you may have in the UGC to the maximum extent permitted by applicable law, and for any remaining rights, you agree not to invoke them in a manner that would unreasonably disrupt Larian Studios’ interests. If you create UGC using any graphics, audio, video, text, gameplay, features, characters, settings or any other content from Larian Studios’ Game or Service, you may use and share it for personal non-commercial purposes only. Any use or distribution for money or other commercial purposes is prohibited. Any use of such UGC in non-Larian Studios products is subject to Larian Studios prior written and discretionary approval. Requests in this respect can be submitted to info@larian.com.
LANGUAGES
For all purposes, this English language version of the ToS shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this English language version and any translation made available by the Larian Studios, the English language version shall govern and control.