Terms of Service
1. Legal Agreement
You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of the United States or other applicable jurisdiction. You understand that the services being offered may include certain communications from AGE, such as service announcement, administrative messages or other information, and that these communications constitute the services being offered by the Website and you may not have the right to opt out of receiving them.
All rights and titles in and to the Website and in any of our published games (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animation, sounds, musical, compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the game(s), transcripts of the chat rooms, character profile information, recordings of game play, and the game(s) client and server software) are owned by AGE or have been licensed to AGE.
2. Description of Service
Aeria Games & Entertainment, Inc. provides free-to-play, high quality games to our members. Additional contents are also available on our Website. To access our games, you may be required to download and install certain client software. This entails the use of hardware, software and Internet access. By using the Website, you acknowledge that hardware, software and Internet access play a crucial role in your user experience. You agree that AGE is not responsible for any hardware, software or Internet access or unavailability issues and you agree to hold us harmless for any such issues. AGE does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
Notwithstanding the above, certain portions of our Website and some of our games may contain mature contents not suitable for anyone younger than 18 years of age. We will require that you confirm that you are 18 years of age or older to acess such content. If you enter any portion of the Website which is intended for or is marked for mature audiences only, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to acess such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.
You, as creator of your User ID, are completely responsible for your identity. AGE will not tolerate offensive or obscene user identities. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID.
AGE is not responsible for any misuse of your User ID, you agree to hold AGE and its affiliates harmless for any improper use of such identity including, but not limited to, improper use by someone to whom you revealed your password.
Your User ID may be deactivated if you do not use it within six months after the date that it was created or for any continuous period of six months after creation. If you do not use your User ID for six or more months, it may be removed and deleted by the Website administrator at their sole discretion. We will use reasonable efforts to notify you by e-mail before we delete your User ID. If you advise us within five days of the notice that you want to keep your User ID active, we will not delete it. If you do not so notify us, your User ID will be permanently deleted, along with your User ID records, ranks and service information.
5. License to Use
Subject to the terms of this Agreement and any applicable EULA, AGE grants to you, for your personal use only, a non-exclusive, revocable, nontransferable license to use the services offered by our Website, including access to our games (the "Services"), and a non-exclusive, revocable, nontransferable license to use any client software (the "Software") in connection with the Services, without charge.
You may not (a) sublicense, rent, lease, loan, sell or otherwise transfer the Software or the Services (or any part thereof) (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works in respect of the Software or the Service; or (d) otherwise use the Software or the Service except as expressly provided in this Agreement. Title to the Software, and all rights with respect to the Software and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and de-compilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to AGE or its licensor(s).
NEITHER AGE NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
As more particularly described in each applicable EULA, AGE and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to the Software, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by AGE, its licensors, you, or otherwise), including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Software. The rights described in the foregoing sentence are the copyrighted work of AGE and/or its licensors and are protected by the copyright laws of the United States, Korea, Japan, international copyright treaties and conventions, and/or other applicable laws. All rights are reserved. The Software may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of the EULA.
6. User Submissions
"Submissions" means all data, text, music, sound, photographs, comments, feedback, suggestions, postings at forums, chat rooms and similar venues on the Website, e-mails and similar information or materials that you submit to AGE regarding the games and services of AGE or the use or play of those games and services. User IDs and Submissions are not confidential and will become the property of AGE upon submission. You agree to assign and grant to AGE an irrevocable, transferable, royalty-free, and perpetual right and license to all worldwide, transferable license and the right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display the User IDs and Submissions in any form, anywhere, with or without attribution to your User ID, and without notice or compensation to you.
You acknowledge that you are solely responsible for the Submissions that you provide and for managing your User ID. You, and not AGE, have full responsibility for your Submissions and User ID, including their legality, reliability, appropriateness, originality and copyright. You understand that by using the Website you may be exposed to Submissions that is offensive, indecent or objectionable. AGE shall not be liable in any way for any Submission, including, but not limited to, any errors or omissions in any Submission, or any loss or damage of any kind incurred as a result of the use of any Submission posted, e-mailed, transmitted or otherwise made available via the Website.
All materials published in forums, chat rooms and similar venues on the Website are considered public. Therefore, AGE strongly recommends that you not publish any personal information about yourself or others on or through the Website. As a matter of policy, AGE does not pre-screen or monitor any Submissions. However, AGE reserves the right to screen, refuse or move any Submission that is available via the Website. AGE has the right in its discretion to remove any Submission deemed objectionable or violates the terms hereof.
7. User Conduct
You must observe these terms, all applicable laws and also basic rules of etiquette and common courtesy when using the Website. Any conduct that violates the law in an offline, real world community is also a violation of these terms. AGE will not tolerate any illegal or offensive conduct.
You agree not to take any of the following actions:
(a) Upload, post, email, transmit or otherwise make available any Submission (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Harm minors in any way;
(c) Impersonate any person or entity, including, but not limited to, an AGE official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Website;
(e) Upload, post, e-mail, transmit or otherwise make available any Submission that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(f) Upload, post, e-mail, transmit or otherwise make available any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
(h) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(j) "Stalk" or otherwise harass another;
(k) Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above;
(l) Impede the flow of chat in game, in forums, or in chat rooms with vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users or AGE employees;
(n) Take any action that may prohibit other users from enjoying the services of the Website or games.
AGE may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determination as to whether a violation has occurred and who is responsible for such act is solely within AGE's discretion, and is based on what we deem best for the community and the Website. By using the Website, you agree you will be bound by AGE's determination as to whether a violation has occurred and any penalty we choose to implement.
8. Third Party Sites
Clicking a hyperlink may direct you away from the Website. AGE does not endorse or control any third-party linked sites, is not responsible for their content and has no association with the owners or operators of such sites. Also, other sites may have different terms of service and different privacy policies. AGE therefore strongly recommends that you inform yourself regarding the practices of third party websites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that AGE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
9. Official Service and Beta Testing
The games are designed for play only as offered through our Services at the Website. You agree not to access, create or provide any other means through which the game may be played by others, such as through server emulators. You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or give you an advantage in the use of the Services which is not authorized by AGE, including but not limited to the use of "bots" and/or any other method by which the Service may be played automatically without human input. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the games, except that you may use the Software to the extent expressly permitted by this Agreement and the applicable EULA. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any game accounts, characters, items, coin or copyrighted material, nor may you assist others in doing so.
You may be given the opportunity to Beta test new games and Website features. Your participation as a Beta tester is subject to the terms and conditions below.
Closed Beta tests are confidential. The Beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed Beta test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the Beta games. You will carry out the testing personally and not provide access to Beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to AGE, and AGE is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta games confidential will continue until AGE publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
As a Beta tester, you are invited to play Beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this Website, shall be construed as granting you any rights or privileges of any kind with respect to the Beta games or content that you find here. The Beta games are provided for testing on an "as is", "as available" basis and we make no warranty to you of any kind, express or implied.
When playing some Beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators within the Beta test. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
By playing a Beta game, you agree that: (i) playing Beta games is at your own risk and that you know that the games may include known or unknown bugs, (i) any value or status indicators that you achieve through game play may be erased at any time, (iii) AGE has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) these terms apply to your use of the games during the testing phase, and (vi) if it is a closed Beta test, you will keep all information (including but not limited to functions, features, graphics, and screenshots) about the Beta games confidential as stated above and not disclose such information to any other person. Beta test accounts are non-transferable under any circumstances.
Certain areas of the Website may charge fees to access and acquire certain game items or participate in game activities on the Website. ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. AGE may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Website. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. If any change is unacceptable to you, you may cancel your account at any time, but AGE will not refund any fees that may have accrued to your account before such cancellation, and we will not pro-rate fees for any charges.
You may pay for any applicable fees and charges by major credit card, PayPalR or other such methods authorized by AGE.
11. Interruption of Service
(a) AGE reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that AGE will not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
(b) You acknowledge that the Services may be interrupted for reasons beyond the control of AGE, and AGE cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. AGE shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
(c) AGE has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as it sees fit in its sole discretion.
(d) AGE is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Services by reason of any of the circumstances described in paragraph (a), (b), or (c).
12. Disciplinary Action/Account Termination
AGE MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
AGE can and does issue warnings and temporary suspensions and permanent terminations of user identities for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under the absolute discretion of AGE.
For the avoidance of doubt, you herby acknowledge that AGE has sole discretion with respect to penalties and disciplinary actions to terminate your Account, even if there are credits remaining on your Account. If you feel you or your User ID has been unfairly warned or disciplined please contact us with a full detailed explanation. We will reasonably consider your explanation.
You have the right to terminate or cancel your Account at any time by delivering notice to AGE. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or AGE's enforcement or application of this Agreement; (ii) the Submissions; (iii) your ability to access and/or use the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You may cancel your User ID by delivering notice to AGE. AGE reserves the right to collect accrued fees and charges and costs incurred by AGE before you cancellation. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation. In the event your User ID is terminated or canceled for any reason no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your User ID. Any delinquent or unpaid accounts or accounts with unresolved disputes must be settled before AGE may allow you to register again.
At AGE's request, you agree to defend, indemnify and hold harmless (a) AGE, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, (c) its licensees, distributors, content providers, and (d) other members of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of the Services or breach of this Agreement by you.
You hereby acknowledge and agree that:
(a) WHEN USING THE SERVICES, THE SOFTWARE MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADD-ON" OR "MOD", THAT IN AGE'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE SOFTWARE INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY AGE; OR (iii) INTERCEPTS, "MINES", OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SOFTWARE. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, IT MAY COMMUNICATE INFORMATION BACK TO AGE, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR AND AGE MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS SECTION OF THE AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
(b) WHEN THE SOFTWARE IS RUNNING, AGE MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE PROGRAM AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA.
(c) AGE may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. AGE may use or disclose your personal information if they believe that doing so may protect your safety or the safety of others.
(d) AGE MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME AND YOU CONSENT TO SUCH MONITORING OR LOGGING.
(e) You may not hold AGE responsible for any loss resulting from in- game trading activitities. You may not hold AGE responsible for any information that is passed between players. AGE does not guarantee the safe keeping of information that is passed between players and will not be held responsible for any resulting losses or consequences arising from the improper use of said information. You may not hold AGE responsible for any in-game feature or item loss. AGE does not guarantee the availability of any in-game items, any Services or any levels to players.
15. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) AGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iii) ANY OTHER MATTER RELATING TO THE WEBSITE. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that AGE's (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that AGE cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Services.
17. Dispute Resolution
If a dispute arises between you and AGE, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and AGE agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Service (a "Claim") in accordance with one of the subsections below.
(a) This Agreement and the relationship between you and AGE shall be governed in all respects by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
(b) You and AGE agree to submit to the exclusive jurisdiction and venue of the courts located in Santa Clara County, California, except as provided in subsection 17(c) below regarding optional arbitration. Notwithstanding this, you agree that AGE shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
(c) For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) All Claims you bring against AGE must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, AGE may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that AGE has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
You agree to comply fully with all relevant export laws and regulations of the United States ("Export Laws") to assure that neither the Software nor the Services are exported, directly or indirectly, in violation of Export Laws; or is intended to be used for any purposes prohibited by the Export Laws. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of AGE shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of AGE.
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 Agreement is the complete and exclusive statement of the agreement between you and Aeria Games & Entertainment concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and AGE; provided, however that this Agreement is in addition to, and does not replace or supplant, the applicable EULA. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
Thank you again for visiting our Website. We hope you enjoy your stay and take full advantage of the online community we are developing. Please remember that you are a guest at the Website and act with the same courtesy and respect you expect from other guests. AGE always reserves the right to refuse or terminate service.