Terms and Conditions
If you have trouble understanding this document because of age or language, please ask an adult, or somebody responsible who is familiar with the language.
If there is something unclear about a legal matter, the general guideline is to not do it. Please be responsible.
End User License Agreement (EULA)
- Because this license agreement is necessary to protect the game StarMade sold through star-made.org, as well as the members of our community, we have to introduce a set of rules for downloading and playing StarMade. In case you break these rules we are allowed to stop you from using StarMade. As we seem necessary, our lawyers will be consulted.
- By downloading and playing, or using the game in any other way, you are agreeing to the rules of this EULA. Otherwise you are not permitted to buy, download, use, or play StarMade.
Re-Destribution and Commercial Use
One general rule is that you are not permitted to distribute anything made by the creator of StarMade and his partners. You are not allowed to give copies away without permission, make commercial use of, try to make money from, or let people get access to StarMade and its content in a way that is not fair or unreasonable.
This especially includes, but is not limited to, the client and server software of StarMade of official versions, as well as modified versions.
- As long as the game is "free to play", or if you bought the game on the website, you are allowed to use it on your computer.
- Without permission you are not allowed to call anything you made with, or related to StarMade "official".
- If you make something with, or related to StarMade, it has to comply with this EULA and the brand and asset usage guidelines and above all do not make commercial use of anything we have made.
- If you buy StarMade from this website, you are permitted to install the Game on your own computer and use and play it on that computer as set out in this EULA. This permission is personal to you, so you are not allowed to distribute the Game (or any part of it) to anyone else. This also means you cannot sell or rent the Game, or make it available for access to other people and you cannot pass on or resell any license keys. You may however give gift codes that have been bought through our website.
- You have permission to adapt StarMade for your own personal (non-commercial) use, but you must not distribute your adaptations in any way that is unfair or adversely affects our rights in StarMade. Beyond that, you are not allowed to copy, reverse engineer or de-compile StarMade without permission.
- As long as it's within reason, you are allowed to use screenshots and videos of StarMade: You must not make any commercial use of them or do things that are unfair or adversely affect our rights. You are allowed to put adds on your video and monetize them when you upload them to a video sharing website like YouTube.
- Do not make commercial use of anything we've made unless specifically permitted by us, either in our brand and asset usage guidelines or under this EULA. Exceptions are in case the law expressly allows it, such as under a "fair-use" or similar law.
- We reserve the right to refuse service to anyone who is maliciously attempting to prevent other users from reliably accessing our services.
- If you make any content available on or through our Game, you must give us permission to use, copy, modify and adapt that content. This permission must be irrevocable, and you must also let us permit other people to use, copy, modify and adapt your content. If you don‘t want to give us this permission, do not make content available on or through our Game. Please think carefully before you make any content available, because it will be made public and might even be used by other people in a way you don‘t like.
- If you are going to make something available on or through our Game, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. The types of things you must not make available using our Game include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that might damage our or another person‘s reputation; posts that include porn, advertising or someone else‘s creation or image; or posts that impersonate a moderator or try to trick or exploit people.
- Any content you make available on our Game must also be your creation. You must not make any content available, using the Game, that infringes the rights of anyone else. If you post content on our Game, and we get challenged, threatened or sued by someone because the content infringes that persons rights, we may hold you responsible and that means you may have to pay us back for any damage we suffer as a result. Therefore it is really important that you only make content available that you have created and you don‘t do so with any content created by anyone else.
- Please watch out if you are talking to people in our Game. It is hard for either you or us to know for sure that what people say is true, or even if people are really who they say they are. You should think twice about giving out information about yourself.
- The ownership of the game remains with us. We are also the owners of our brands and content distributed with StarMade. When you pay for StarMade, you are buying a permission to play or use StarMade in accordance with this EULA. You are not buying the Game itself. The only permissions you have in connection with StarMade are the permissions set out in this EULA.
- Any modifications or tools for StarMade you create yourself from scratch belong to you. Furthermore plugins for StarMade also belong to you and you can do whatever you want with them, as long as you don‘t sell them for money or try to make money from them. It remains our right to decide what constitutes as a plugin.
- Upgrades and updates can be made available from time to time, but we are not obliged to do so. Furthermore we are also not obliged to provide ongoing support or maintenance of StarMade. This is the absolute worst case and we really hope of course to continue releasing updates for StarMade, but we cannot guarantee we will do so.
- When you get a copy of StarMade, we provide it ‘as is‘. Updates and upgrades are also provided ‘as is‘. This means that we are not making any promises to you about the standard or quality of StarMade or that StarMade will be uninterrupted or error free or for any loss or damage that they cause. We only promise to provide StarMade and any services with reasonable skill and care. Please note that StarMade is still uncompleted and so it may (and often will) have bugs.
- NEITHER STARMADE (GAME AND OWNER) NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF STARMADE (GAME AND OWNER) OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- We have the right to terminate this EULA in case of a breach of the terms. The right to terminate this EULA by uninstalling/deleting StarMade remains with you. The paragraphs about "Ownership”, “Our Liability” and “RE-DISTRIBUTION AND COMMERCIAL USE” will continue to apply even after the EULA is terminated.
- The EULA is subject to any legal rights you might have. Nothing in these terms and conditions will limit any of your rights that may not be excluded under law nor shall it exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent representation.
- We may also change this EULA from time to time but those changes will only be effective to the extent that they can legally apply.
- If you supply suggestions to StarMade, that suggestion is made for free. This means we can use your suggestion in any way we want, and we don‘t have to pay you for it. In case you think you have a suggestion that we would be willing to pay you for, you must tell us you expect to be paid before you tell us the suggestion.
- This section will describe how the Website star-made.com (referred to as "Website" as of now) will be provided to you and may be used by you. These terms and conditions are necessary to ensure the quality of the content so every member of the community can enjoy it. It's also necessary to make sure that people don‘t use our Website in a way which might have a bad impact on StarMade and its developers.
- By visiting our Website, you are agreeing to these terms and conditions, which makes a legal agreement between us both. In case you don‘t agree with these terms and conditions, you are free to stop using the website.
Registration, Account and Password
- The details you give us as part of the registration must be correct. You can change your registration details if they become out of date. If you deliberately tell us something that you know isn‘t true, and we end up in trouble or we lose money, we may hold you responsible. That means that you may have to compensate us for the damage you cause and what we have lost.
- You might need to register with us to access all of the parts of our Website. The username and password that you create are private so you must keep them to yourself. If you let someone find out your username and password, and they do something bad with our website, we will hold you responsible. You should change your password if you think someone else knows what it is. If someone uses your password to do something on our Website that you don‘t like or that causes you harm, we can‘t be and aren‘t responsible.
Rights of Use and Intellectual Property Rights
- You are free to use our Website as long as you stick to these terms and conditions. You can only use this Website and its content for your personal use. Your permission to use this Website is personal to you, so you can‘t give it to anyone else.
- We own the Website and the content on it, but we are giving you a permission to use it. We want you to enjoy using our Website, but if we want, we can take away your permission to use our Website at any time for any reason.
Restrictions and Obligations
- You aren‘t allowed to hack, decompile or change our Website at all and you mustn‘t do so. This includes the code or any content or data. You also aren‘t allowed to create any software or content that mimics our Website so there is any confusion about what the official site is.
- Please don‘t use our Website in a way which we might think is offensive, immoral or illegal, or makes other people feel uncomfortable. We don‘t want our Website to be used in a way which upsets people.
- You are not permitted to try to make money out of using our Website.
Forum and Communications
- We are allowing members of our community to put their thoughts on our Website. It doesn‘t mean we agree with those thoughts, and we can‘t be held responsible for what people post on our Website.
- If we happen to see a post that we think is offensive, we might take it down, but it‘s not our job to select or moderate all the posts people make. What we say about forums and posts also applies to anything which enables people to put any other content, views or material on our Website or send it to others using the Website.
- If you are going to put something up on our Website, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. The types of things you must not put on our Website include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that might damage our or another person‘s reputation; posts that include porn, advertising or someone else‘s creation or image; or posts that impersonate a moderator or try to trick or exploit people.
- If you put something which you don‘t own onto or our Website, you could get us into a lot of trouble so please don‘t do it. If you post content on our Website, and we get sued by someone because the content infringes that persons rights, you will have to pay us back for any damage we suffer because we have been sued. Therefore it is really important that you only post content that you have created and you don‘t post any content created by anyone else.
- If you post any content on our Website, you must (and by doing so you actually do) give us permission to use, copy, modify and adapt that content as part of our business. This permission must be irrevocable. You must also let us permit other people to use, copy, modify and adapt your content. If you don‘t want to give us this permission, then please do not post any content on our Website. Please think carefully before you post any content, because it will be made public and might even be used by other people in a way you don‘t like.
- Watch out if you are talking to people on or through our Website. It is hard for either you or us to know for sure that what people say is true, or even if people are really who they say they are. You should always think twice about giving out information about yourself.
- When you use our Website, you use it ‘as is‘. This means that we are not making any promises to you about the standard or quality of our Website, or that our Website will be uninterrupted or error free. We only promise to provide our Website and any services with reasonable skill and care. This means that we aren't responsible for any losses you suffer as a result of your use of our Website.
- If we have linked our Website to another website, it doesn't mean we have checked that website. It just means that we think it‘s interesting. We aren't responsible for websites linked to our Website.
Price and Payment
- You have to send us the money for StarMade or another product when you make the offer to buy it. We will keep this money for you. If we accept your offer, we will take that money as payment for StarMade or the product. If we don‘t accept your offer, we will send the money back to you.
- The payment method and system is set out on our Website, but we might change it every once in a while and we can refuse any form of payment if we want. You must always pay in the currency set out on our Website, but your credit card company should be able to exchange your money if necessary. You credit card company might do security checks to make sure it is really you making the order.
- If you are under German law, you have the right to get a full refund for StarMade within 14 days.
Returns, Refunds, and Cancellation
- If you can‘t use StarMade or a product because it doesn't work, let us know and we'll try to help you out.
- If the purchase in any way did not work, please also let us know and we will do our best to fix it.
- We do what we can to make sure all of the information on our Website is correct. However, sometimes there might be errors. We might also cancel or suspend a transaction if there has been an error.
- Sometimes we run promotions. If we do, the main rules of the promotion are below. There might be other rules relating to a particular promotion, but we will tell you about them when we tell you about the promotion.
- The main rules are::
- Only one promotion can be used at a time, and you can‘t use a promotion with another offer.
- Discounts are only valid until the date specified and they only apply to purchases made on the Website.
- Discounts are not refundable.
- We might cancel any promotion at a time.
- If you come to us with a suggestion for any one of our Websites or games, that suggestion is made for free. This means we can use your suggestion in any way we want and we don‘t have to pay you for it. If you think you have a suggestion that we would be willing to pay you for, you must tell us you expect to be paid before you tell us the suggestion.
Guidelines For the Name, Brand and Assets of any of our Games
- The first thing to say is that there are the following Essential Requirements that apply to all use of the our Brands (which include any Names) and our Assets. If you are allowed to use any part of any Name, any of our Brands and / or any of our Assets then what you are doing MUST:
- NOT make people think that you or what your are doing is official; approved or endorsed by us; or associated or connected with us; unless we allow it
- NOT be unlawful, deceptive, obscene, harmful or disparaging;
- NOT adversely affect any of our Brands or any of our Assets;
- NOT include anything else around it that makes people think that you or what your are doing is official; approved or endorsed by us; or associated or connected with us;
- sufficiently differentiate the use of any Name you are using from any other branding;
- These are the "Essential Requirements".
Videos and Screenshots
- You are allowed to put footage of our Game on YouTube or any other website. In fact, we like you doing so.
- You may create, use and distribute videos of you playing or using our Game for any lawful reason provided that you don't make any money from them.
- You may make money using your videos of our Game so, for instance by putting ads on them, as long as you also add your own unique content to the video, such as audio commentary. The amount you add must also be enough to make it fair and worthwhile for someone to pay for it or for you to make money from it. For example you couldn't just include your logo, web address or indent but you could add an audio commentary or your own music if you are creating a music video.
- You may also make money using videos and screen-shots if it is covered by so called “fair dealing” or “fair use” exceptions to copyright, such as where it is for criticism and review, reporting current affairs etc. In each case, you will still need to add appropriate additional content and credits where applicable.
- When you register on one of our websites or buy one of our games, you will be asked to provide some information about yourself. You may also provide information about yourself when you use other parts of our website or games or when you contact us. It is possible that you could be identified personally from this information.
- Please note that we never store information about your credit or debit card ourselves. All such information is handled entirely by our third party payment providers.
- When you use our website, we collect data about your visit. This includes traffic data, location data and communication data. We also use internet cookies to collect information (like statistics) about your visit. An internet cookie is a small file which is placed on the device you use to access our website. When you stop surfing the internet and close your internet browser, the cookie will usually expire but sometimes it doesn't and those cookies help us know when you come back – and help you get going from the same point you left (or thereabouts).
- If you do not want us to place any cookies on your computer or other device, please change your browser settings so that your browser rejects cookies. You should be aware that, if you do this, some parts of our website may not work properly. If you keep using our website without changing your browser settings, we will take this as your consent to us using cookies.
What We Do With Your Data
- We might use your data to send you information about our games, or to inform you using our websites. We might also use your data if we have to tell you about changes to our products or services, or if we have to let you know about things affecting our games, we might also get in touch with you.
- The information we gather from cookies enables us to estimate the size of our community, to learn about how our community uses our website and games, to make the websites customizable and to remember you when you return to our website. This information enables us to understand how to improve our website and our games.
- We might provide your data to another member of our group of companies, or to companies that we work with (such as payment providers like PayPal). Generally, we won't provide your data to unrelated third parties but we might have to in some circumstances. For example, we might disclose your data in order comply with a law or regulation, in order to protect our games, or if we get taken over.
- You have the right to know about the information which we hold about you. If you want to know what information we are holding, you should get in touch with us. If the information we hold about you is wrong, insufficient or irrelevant, then you have the right to make sure that it gets corrected or removed.
- The transmission of data on the internet is not totally secure. We will always do what we think is best to protect your personal data, but we cannot guarantee that the data you send us is totally safe. Although we use strict procedures and security to protect your data, the possibility that someone could get unauthorized access to your data cannot be ruled out.
- In future, we might make it possible for you to post information on our website, for example, we might run a forum. If you choose to post information on our website, you should think very carefully beforehand. The information you post would be made public and could be used by other people.
Pörtschacher Str. 7
rob(mit at zeichen ersetzen)star-made.org
Geschäftsführer Robin Promesberger
Eingetragen im Handelsregister.
Registergericht: Amtsgericht München
Registernummer: HRB 213313
Umsatzsteuer-Identifikationsnummer nach §27a Umsatzsteuergesetz: