Online Gaming Policy


BY USING THE ONLINE SERVICE AS SPECIFIED BELOW, YOU ACCEPT AND AGREE TO THE FOLLOWING TERMS GOVERNING YOUR USE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SERVICE.

Ensemble Studios® Online ("ESO") is the copyrighted work of Microsoft Corporation® ("Microsoft") or its suppliers. All use of ESO is governed by the terms of use provided below and as may be modified by Microsoft from time to time ("ESO Terms of Use"). ESO is provided "as is" solely for use by end users of applicable Microsoft software products according to the ESO Terms of Use. Any use of ESO not in accordance with the ESO Terms of Use is expressly prohibited.


1. Grant of License. Microsoft hereby grants, and by using ESO you thereby accept, a limited, personal, non-exclusive license and right to use ESO using a home, work or portable computer according to the ESO Terms of Use. You may not remove any proprietary notices or labels on ESO without the prior consent, in writing, of Microsoft. Microsoft reserves the right for any reason to remove, without notice, any content of ESO received from users, including without limitation, bulletin board postings. Microsoft reserves the right to deny, at its sole discretion, any user access to ESO or any portion thereof without notice. Without limiting the foregoing, Microsoft retains the right to decline service to any user who violates the ESO Terms of Use, or to discontinue ESO at any time without notice and without obligation to any user.

2. Registration Information. You will be required to register an ESO user account and a unique nickname in order to utilize ESO. The unique nickname, a valid CD-Key from your copy of the software, and associated ESO registration information is used to identify you as a unique user of ESO. In the event that Microsoft learns that you have provided Microsoft with false or misleading registration information, Microsoft reserves the right to terminate your ESO account.

3. Ownership. All title, ownership, and intellectual property rights in and to ESO (including, but not limited to, any titles, computer code, themes, objects, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into ESO, transcripts of the chat rooms, member profile information, recordings of games played on ESO, and software) are owned by Microsoft or its licensors. All rights are reserved. ESO is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. ESO may contain certain licensed materials, and Microsoft's licensors may protect their rights in the event of any violation of this Agreement.

4. Your Use of ESO.

A. You are entitled to use ESO for your own personal use, but you may not:

(i) sell or grant a security interest in or transfer reproductions of ESO to other parties in any way, nor to rent, lease, or license ESO to others without the prior written consent of Microsoft;

(ii) copy, photocopy, reproduce, translate, reverse engineer, modify, disassemble, or de-compile in whole or in part any ESO software;

(iii) create derivative works based on ESO;

(iv) host or provide matchmaking services for any Microsoft software programs or emulate or redirect the communication protocols used by Microsoft as part of ESO, through protocol emulation, tunneling, modifying or adding components to the Program, use of a utility program, or any other technique now known or hereafter developed, for any purpose, including, but not limited to, network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks without the prior written consent of Microsoft or exploit ESO or any of its parts for any commercial purpose, including, but not limited to, use at a location such as a cyber cafe, arcade, or other location where users are charged a fee, whether hourly or otherwise, to use ESO;

(v) use any third-party software to modify ESO to change game play, including, but not limited to cheats and/or hacks;

(vi) use Microsoft's intellectual property rights contained in ESO to create or provide any other means through which Microsoft software products, including, but not limited to, Age of Mythology, Age of Mythology: The Titans Expansion, Age of Empires, Age of Empires: The Rise of Rome Expansion, Age of Empires II: The Age of Kings, and Age of Empires II: The Conquerors Expansion, may be played by others, including, but not limited to, server emulators;

(vii) institute attacks upon an ESO server or otherwise disrupt ESO;

(viii) harass, threaten, stalk, embarrass, or cause distress, unwanted attention or discomfort upon another user of ESO or other person or entity; cheat during game play or in other interactions with other users, including but not limited to modification of the game program files or modification of game play results utilized by ESO;

(ix) transmit or post sexually explicit images or other content, or create a user nickname during ESO registration which in the sole discretion of Microsoft is deemed to be offensive; nor shall you transmit any unlawful, libelous, slanderous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable content;

(x) carry out any action with a disruptive effect, including but not limited to causing the screen to "scroll" faster than other users are able to type to it;

(xi) impersonate a Microsoft official or employee or any other person;

(xii) disrupt the normal flow of dialogue in a game or chat room or otherwise act in a manner that negatively affects other users, individuals, or entities, including, but not limited to, posting "Spam" messages on ESO. "Spam" messages as used herein include but are not limited to any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement to ESO;

(xiii) post or transmit chain letters, "cashbots," or pyramid schemes; post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities on ESO;

(xiv) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation;

(xv) modify any file or data transmission that Microsoft does not specifically authorize you to modify;

(xvi) "spam" by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area;

(xvii) create or maintain, under any circumstance, more than one simultaneous connection to ESO. All such connections to ESO, whether created by Microsoft software products or by other tools and utilities, may only be made through methods and means expressly approved by Microsoft. Under no circumstances may you connect or create tools that allow you to connect to ESO's private binary interface or interfaces other than those explicitly provided by Microsoft for public use;

(xviii) Communicate or post any user's personal information in or on the ESO game network.

B. In the event that you violate any of the foregoing provisions, Microsoft may at its option and without notice to you

(i) immediately amend your ESO account and its associated ratings, ladder-rankings, user statistics and other information; or

(ii) temporarily suspended your access to ESO; or

(iii) immediately and permanently terminate your access to ESO by revoking your CD key authorization; and/or

(iv) at its sole discretion, Microsoft may publicly publish nicknames as being subjected to actions in items (i) through (iii) above.

C. In the event that Microsoft is contacted by governmental authorities and/or parties seeking legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of ESO, Microsoft has the right without notice to you to release information that relates to you and your use of ES), including but not limited to user Internet Protocol IP addresses and associated personal information, to all authorized governmental authorities and in response to any lawful court orders.

5. Information found on ESO. Microsoft does not warrant or endorse the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of ESO. Any and all statements made in forums, conferences, or chats or during game play reflect only the views of their authors and are used at your own risk.

6. Termination. This agreement is effective until termination by either party. If you are dissatisfied with any portion of ESO, or with any of these ESO Terms of Use, your sole and exclusive remedy is to discontinue using ESO. You may terminate this agreement at any time by ceasing use of the ESO. Microsoft reserves the right to terminate this agreement without notice at Microsoft's sole discretion if you fail to comply with any term of this agreement, including, but not limited to, disruptive behavior, cheating, instituting attacks upon an ESO server, and any unlawful activity.

7. Acknowledgments. You hereby acknowledge that (i) you assume the cost of all telephone charges, necessary servicing, repair, or correction for connecting to ESO; (ii) Microsoft does not warrant that ESO will be uninterrupted or error-free, that defects will be corrected, or that ESO or the applicable servers are free of viruses or other harmful components; (iii) you may not be able to access ESO whenever you want, and there may be extended periods of time where you cannot access ESO; (iv) Microsoft is not responsible or liable for any delay or failure to perform resulting from causes outside the reasonable control of Microsoft; (v) as certain games played on ESO require electronic files, including but not limited to player scenarios, accounts, statistics, user profiles, and maps ("ESO Data"), be transferred directly between users' computers and/or stored upon ESO servers for your use when utilizing ESO, you hereby agree and acknowledge that Microsoft will not be liable to you for the loss of ESO Data for any reason whatsoever, including, but not limited to, server failure, telephonic interruptions of any kind, defects, viruses or other harmful components, and negligent acts of Microsoft and/or its affiliates; (vi) Microsoft reserves the right, at its sole discretion, to modify or delete any information, including but not limited to accounts, statistics, user profiles, and any other information accumulated or uploaded on ESO; (vii) any accounts and their associated information that are inactive for ninety (90) days may be deleted at Microsoft's sole discretion; (viii) Microsoft does not warrant ESO or any of the games played over ESO will be free of cheats, hacks, or programming errors that may affect the outcome of games, tournaments, ESO's ladder ranking systems or the general use of ESO; and

(ix) the ESO Terms of Use shall extend to anyone that you allow to use your ESO account, and that you are personally responsible and liable for the consequences that may result if any such person violates the terms of the ESO Terms of Use, including, but not limited to, termination of your account and any associated nicknames.

8. Indemnification. Upon request of Microsoft, you agree to defend, indemnify and hold harmless Microsoft, its parent, subsidiaries, affiliates, licensees, and distributors from all liabilities, claims and expenses, including attorneys' fees arising from breach of the ESO Terms of Use by use of, or in connection with, the transmission by, or through your account of any content on ESO. Microsoft reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

9. DISCLAIMER OF WARRANTY. ESO IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. MICROSOFT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

10. Limitation of Liability. NEITHER MICROSOFT, ITS PARENT, OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF ESO, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.

11. Miscellaneous.


These Terms of Use are governed by the laws of the State of Washington, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the ESO. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Microsoft as a result of these Terms of Use or use of ESO.

Those who choose to access ESO from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from ESO is further subject to United States export controls. No software from ESO may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Microsoft may assign these ESO Terms of Use, in whole or in part, at any time. Microsoft's performance of this agreement is subject to existing laws and legal process, and nothing contained in these ESO Terms of Use is in derogation of Microsoft's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of ESO or information provided to or gathered by Microsoft with respect to such use.

If any provision of these ESO Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein. Microsoft may change the ESO Terms of Use upon such advance notice, if any, as may be required by law. A printed version of these ESO Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Ensemble Studios®, Microsoft® Age of Mythology®, Age of Mythology®: The Titans Expansion, Age of Empires®, Age of Empires®: The Rise of Rome Expansion, Age of Empires® II: The Age of Kings, and Age of Empires® II: The Conquerors Expansion are trademarks or registered trademarks of Microsoft Corporation in the U.S. and/or other countries. All rights reserved.