Divinity Original Sin (pre)purchase Agreement

Terms and conditions

It’s a mouthful but you really should read this document carefully before you make your purchase (or pre-purchase). They are the general Terms & Conditions for purchasing anything on one of our sites. We tried to cover most cases, but it’s always possible that we forgot something. If you have questions about anything, please contact support@larian.com. IF YOU DO NOT AGREE WITH ANYTHING IN THIS DOCUMENT, PLEASE DON’T USE THIS SERVICE. By using our Service, you are agreeing, without limitations or qualifications, to the terms and conditions herein. We regret that documents like this exist, but apparently they are necessary.

The summary of it all is that we’re happy that you want to (pre-)purchase one of our games, that you need to make sure you have a PC that can run the game, that once you bought the game, you can only be refunded as long as you didn’t install the game, that you understand you shouldn’t copy our games without our permission, that we make no warranties whatsoever about the quality of the game and that we’ll respect your privacy.

That’s the summary. You should still read the rest. You should always read Agreements like this. Sorry.

1. – Subject and limitations of the service:

www.larianvault.com, www.divinityoriginalsin.com and www.divinitydragoncommander.com and www.larian.com are Internet websites (hereinafter “the Site”) offering internet users who have registered to the site (hereinafter “Customers”), a download to own video game service.

The user may select a video game, download it, install it on his computer and keep it on his hard disk drive (hereinafter “the Service”).

The Service is operated by Larian Studios NV (hereinafter the “Distributor”), Panharinglaan 11, 8660 De Panne

The Service consists in the digital delivery of video games and all associated content needed to install and run the said games (serial number or activation key, multiplayer key, bonus key…) as data files: no physical back-up, notably CD-rom or DVD-rom will be sent (hereinafter “the Games” or the “Video Games”).

Furthermore, the Service can also carry, under similar conditions, other products, such as strategy guides or physical versions of the products. These Terms and Conditions apply in the exact same way to all the other products.

2. – Prerequisites:

2.1 – Internet Access: The Games available to download range from dozens of megabytes to many gigabytes in size: it is therefore recommended that the Customer has a broadband internet connection, either ADSL or cable. An internet access is also required to install and launch the downloaded Games, or, depending on the Games, to reach some dedicated features (multiplayer sessions, etc...).

2.2 - Account: To use the Service, you will need to create an account and you will be required to supply valid information including a valid email address. Incorrect details may result in the rejection of your order.

2.3 – Computer: The Games require a clean computer, with system specifications fulfilling a certain number of requirements (CPU power, RAM, GPU...): these specifications are indicated online on a Game per Game basis. It is the Customer’s responsibility to check that their computer fulfills the minimum requirements to run each Game. If in doubt about the specifications, please refer to article 5 – Customer Service and ask our customer service.

The Distributor will not be held responsible for misuse of the downloaded Games, nor for their compatibility with the Customer’s computer.

3. – Price & Payment:

The prices of Games advertised for sale on the Site are as set out on the Site, errors and omissions excepted. Prices may change at any time prior to acceptance of Customer’s order.

There are orders for Games that have not yet become available. For some Games, Customers will be able to make a pre-released order or a pre-load order using the Site. Release dates are set by the publishers and are subject to change. As a result, the Distributor is not liable for any changes to a pre-release date.

Pre-release, pre-load or download orders will be supplied at the price applicable at the time of order and the sale is said to have taken place once the Customer obtained the payment confirmed page and received a confirmation email.

Customers must pay all applicable sales and use taxes, value added taxes and other taxes levied on you by any taxing authority on any Game purchase in any country where such transactions are otherwise subject to tax, regardless of the method of delivery. Any taxes owed by you (i) as a result of purchasing Games or the payment of any fee, (ii) that are required or permitted to be collected from you by the Distributor under applicable law, and (iii) that are based upon the amounts payable under these Terms & Conditions, must be remitted by Customers to the Distributor. Failure on the Distributor's part to invoice a Customer for any such taxes does not relieve such Customer of the liability to pay such taxes. The Customer will promptly reimburse the Distributor for all taxes or other charges imposed upon the Distributor by any national, state or municipal government upon the sale, use, production, or distribution of Games.

No bank or card details are visible by, nor stored by the Distributor or on the Site. In order to fight mounting internet fraud, the Distributor collects and records certain device identifying information such as IP addresses, as well as other non-personally identifiable information. In addition, the Distributor has contracts in place with certain third party service providers and shares such non-personally identifiable information with them to provide the safest user experience. This unique official identification contractually binds you. In the absence of fraud this information will remain confidential.

4. – Customers Rights & Obligations:

the Customer is responsible for maintaining the confidentiality of his accounts’ login and password, and is fully responsible for all activities that occur under this account.

The Distributor reserves the right to suspend or terminate any account if it is or appears to be used in breach of any of the provisions of these Terms & Conditions, including the provision of false registration details or any other misuse of the Site. Any person who holds such a suspended or terminated account must not re-register on the Site without the Distributor’s prior consent.

In the event of any unauthorized use of your account or any other breach of security, the Customer must notify the Distributor immediately by contacting customer services.

Note about Phishing (the criminally fraudulent process of attempting to acquire sensitive information such as usernames, passwords and credit card details): The Distributor will never ask the Customer to divulge his password. Such a request would be a fraud attempt by a third party.

4.2- Game Delivery: The Customer can access the Games’ data files and all associated content needed to install and run said Games (serial number or activation key, multiplayer key, bonus key…) once the payment has been validated. In order to fight fraud, the Distributor may refuse or delay the delivery of some or all of this associated content should the payment not be validated. If a Customer is waiting for a Game delivery, he may contact the customer service in order to speed the payment validation process up.

4.3 – Right of Cancellation: the Customer may cancel his order at any stage before the Service is delivered. The Service is delivered once the Customer has received the downloadable links and/or any serial numbers either on the receipt page or via confirmation email.

4.4- Distributor cancellation & refund policy: Video Games for which the Customer has received downloadable links and/or any serial numbers are non-refundable, whether based on technical failure of the Game, Customer inability to meet requirements to run the Game on the Customer’s computer or lack of enjoyment while playing the Game.

Refunds may be offered if all the following conditions are met:

The time of the Customer’s request for refund/credit is less than 48 hours since the Service started;

The Game has not been activated or launched;

The Game serial numbers (activation key, multiplayer key, bonus key...if any) have not been transmitted and/or disclosed by the Customer to any third party;

Customer service has determined the Customer’s refund request reasonable under special circumstances.

Customer service will determine if a Customer meets the foregoing criteria for a refund. If a Customer feels he is qualified for a refund, he will have to contact Customer service.

4.5 – License of Use: The payment and download of Video Games gives the Customer an individual license that is non-exclusive for the use of the video game purchased, for a purely private, non-transferable and non-commercial use. The Customer commits to using the Game following the Publisher’s End User License as provided during installation and/or (depending on the Game) on the Site.

In consequence, the Customer is forbidden from modifying, decompiling, translating, adapting and/or copying the downloaded game(s) in any way, except to create a copy onto a CD or DVD-rom or any other support for personal archiving.

The distribution of non-authorized copies to third parties over the internet or any other network prevents the development of distribution by download and prevents the right holders from any remuneration which would be used for the creation of subsequent Games. In order to prevent fraud, the Customer may only install the Games on a limited number of machines (and reinstall a limited number of times) and/or, (depending on the Game), will have to create an account directly on the Publisher’s site or any third party selected by said Publisher to launch or access dedicated features from the Game.

In the event of problems arising from the reasonable re-installation of the game (loss, system alteration, etc.), please contact the customer service which may expand customer’s rights after having analyzed any reasonable requests.

5. – Customer Service:

The Distributor provides assistance with the Service for any questions relating to the download of, the installation of or the payment of a Game.

To receive assistance with the Service, Customers can go to the online support pages and, if they do not find the required answers, may contact the customer service using the contact form available on the Site.

In order for customer service to satisfy any request, the Customer will be required to give information that was sent to them after the purchase (sale ID), accurate information about the issue encountered and about the Customer’s computer environment.

The Distributor is not responsible for any issues linked to the Game itself. These issues are the Game Publisher’s responsibility only. The Distributor may provide links to the Game Publisher’s customer support or technical FAQ pages if and when available.

6. – Service Limitations:

The Distributor cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, Customers agree that the Service, including the services of its third-party service providers, are provided “AS IS” and “AS AVAILABLE”. Neither the Distributor nor its third-party service providers assume responsibility for the timeliness, deletion, miss-delivery or failure to store any data, communications or personalization settings. In particular, the Distributor cannot guarantee the speed of download of the Games, which depends on the combination of the Service with characteristics inherent to the Internet or the delivery of a third party’s service, including service from third-party Internet Service Providers (ISPs), and the User’s system.

7. – Warranties:

The Consumer benefits, under the terms of each Publisher end-user license, of a limited warranty for each Game purchased according to the present Terms and Conditions.

In any event, the responsibility and the guarantees of the Distributor are limited to the replacement of defective games or their eventual reimbursement.

The Distributor may provide a corrective patch to update the version of a Game purchased on the Site. This patch, provided for free by the Publisher is reachable from the Game’s menu itself, or from the Publisher’s website, or from the Site. For some Games, only patches provided from the Site are compatible with the versions of Games sold on the Site. The Distributor is not responsible for any issues linked to a non-compatible patch installed by the Customer on a Game purchased on the Site.

8. Community tools:

In addition to the online selling of Games, the Distributor provides tools allowing communication between Customers (user reviews, forum posts, profiles, messages…).

8.1 – Rules of Conduct: The Distributor may delete any illicit content and, as a potential author, the Customer will be held responsible when he contributes content to the Service.

If a Customer encounters another user who is violating any of the rules of conduct, he shall report this activity to the customer service.

8.2 – Property: When a Customer contributes content to the Service, the Customer expressly grants to the Distributor a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind.

9. - Privacy:

The Distributor respects the privacy of the Internet users. To see this site's Privacy Policy, please visit http://www.larian.com/disclaimer.php

10. Proof & Filing:

All data exchanged with the Customers are preserved by the Distributor under reasonable conditions of safety. The filing of these data is carried out on a reliable and durable back-up means so as to correspond to a faithful and durable copy. In the event of conflict between the data held by the Distributor and any other document, it is expressly agreed that the aforementioned data will be recognized between the parties.

11. - Specific rules on the protection of minors and consumer information:

To answer the consumer’s need for information about the content of the offered Games, the Distributor systematically reproduces the classification established by the ESRB system (Entertainment Software Rating Board). For more information on ESRB ratings please visit http://www.esrb.org.

The Service is not directed to children under the age of 13. The Distributor will not knowingly collect personally identifiable information on or through the Service from anyone under 13. Please be aware that certain games distributed via the Service contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the Service that you find offensive, indecent or objectionable. By using the Service you assume all risk associated with its use. We encourage parents to supervise their children's use of the Service and maintain open communication regarding appropriate materials for use and viewing by their children. Note to Parents. If you have any concerns about the Service, please contact our customer service.

12. – Disclaimer:

THE MATERIALS IN THIS SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE DISTRIBUTOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE DISTRIBUTOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DISTRIBUTOR OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISTRIBUTOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE DISTRIBUTOR’S SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE DISTRIBUTOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE MATERIAL THAT YOU READ IN THIS SERVICE IS PROVIDED SOLELY FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. THE INFORMATION AND OPINIONS EXPRESSED IN BULLETIN BOARDS, CHAT ROOMS, OR OTHER FORUMS CONDUCTED ON THIS SERVICE ARE NOT NECESSARILY THOSE OF THE DISTRIBUTOR OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS, AND THE DISTRIBUTOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THAT INFORMATION OR THOSE OPINIONS. FURTHERMORE, NEITHER THE DISTRIBUTOR NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH DATA/MATERIALS OR TO WHOM SUCH DATA/MATERIALS MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN THE SERVICE.

A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE SERVICE IF YOU HAVE HAD ANY OF THESE SYMPTOMS AND DISCONTINUE USE OF THE SERVICE IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR INVOLUNTARY MOVEMENTS OR CONVULSIONS.

13. – General Provisions:

The Distributor reserves the right to update the Terms and Conditions at any time. The Distributor will then provide access to the new Terms and Conditions on the Site. The new Terms and Conditions will take effect immediately, and will govern all new transactions through the Site.

Unless otherwise specified, the materials in the Service are presented solely for the purpose of entertainment and promoting programs, events, products available in the United States, its territories, possessions, and protectorates. The Site is controlled and operated by the Distributor from its offices within the State of Georgia, United States of America. The Distributor makes no representation that material in the Service is appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the Kingdom of Belgium, as it is applied to agreements entered into and to be performed entirely within Belgium. Any action a Customer, any third party or the Distributor bring to enforce this agreement or, in connection with, any matters related to the Service shall be brought only in the district of Veurne, Belgium, and the Customers expressly consent to the jurisdiction of said courts. If any provision of this agreement 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 matters contained herein and shall not be modified except in writing, signed by the Distributor.

Last updated on the 8th of April 2013