Aeria Games & Entertainment Inc. ("AGE") would like to thank you for visiting our site at www.aeriagames.com. This document contains the terms of use for your visit and stay at the www.aeriagames.com site or any related or affiliated site operated by AGE offering the service of massively multiplayer online role-playing games (MMORPGs), including without limitation www.lastchaos-usa.com (collectively, the "Site").
1. Legal Agreement
Use of the Site signifies your acceptance of these Terms of Use. This is a legal agreement ("Agreement") between you and AGE. 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 Site 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 Site and you may not have the right to opt out of receiving them.
AGE is the owner of the Site. Your use of the Site is subject at all times to these Terms of Use and our Privacy Policy. All user identities created on the Site are governed by these terms. This includes, but is not limited to, proper in-game and out-of-game conduct. This Agreement is in addition to, and does not in any way replace or supplant, the End User License Agreement that may accompanied the AGE software (the "EULA") and to which the AGE software is subject. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AGE services, affiliate services, third-party content or third-party software.
AGE recommends that all users periodically review these terms. This is a live, evolving community and we reserve the right to revise or update these terms. The revised or updated terms will take effect immediately after being published on the Site. By continuing to use the Site and its services, you are signifying your acceptance of the revised or updated terms. You are responsible for periodically checking the Site for any revision or change to the Terms of Use.
2. Age Requirements
The Site and services are for users age 13 and over. If you are over the age of 13, but still considered a minor, we ask that you review these terms with your parents or guardian to ensure they understand them and agree to them.
3. User Identity Creation/Privacy Terms
When creating a user identity ("User ID") you agree to (i) provide true, accurate, current and complete information as requested and (ii) promptly maintain and update such User ID to keep it true, accurate, current and complete. The information you provided shall be subject to our Privacy Policy.
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 User ID.
AGE is not responsible for any misuse of your User ID, whether such misuse is by you or by third parties. When creating a 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.
4. User Conduct
You must observe these terms, all applicable laws and also basic rules of etiquette and common courtesy when using the Site. 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, tortious, 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 Site;
e. upload, post, email, 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, email, transmit or otherwise make available any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, 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, email, 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 Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
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; and/or
l. take any action that may prohibit other users from enjoying the services of the Site.
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 Site. By using the Site, you agree you will be bound by AGE's determination as to whether a violation has occurred and any penalty we choose to implement.
5. Disciplinary Actions and User ID Termination
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. User identities may be banned, both temporarily and permanently, without prior warning.
For the avoidance of doubt, you hereby acknowledge that AGE has sole discretion with respect to penalties and disciplinary actions, 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 detailed explanation. We will reasonably consider your explanation.
6. Inactive Game IDs
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 Site administrator in his or her sole discretion. We will use reasonable efforts to notify you by email 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 premium service information.
7. Fees
Certain areas of the Site may charge fees to access and acquire certain game items of participate in game activites on the Site. 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 on the Terms of Use page or elsewhere on the Site. Such modifications, amendments or supplements shall be effective immediately upon posting on the Site. 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, PayPal® or such other methods authorized by AGE.
8. Submissions and User IDs
"Submissions" means all data, text, music, sound, photographs, comments, feedback, suggestions, postings at forums, chat rooms and similar venues on the Site, 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 irrevocalbe, transferable, royalty-free, and perpetrual right and license to at no charge, all worldwide, transferable license and right 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 Site 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 Site.
All materials published in forums, chat rooms and similar venues on the Site are considered public. Therefore, AGE strongly recommends that you not publish any personal information about yourself or others on or through the Site. 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 Site. AGE has the right in its discretion to remove any Submission deemed objectionable or violates the terms hereof.
Except as expressly stated and agreed upon in advance by AGE, no confidential relationship will be established in the event any user of this Site should make any oral, written or electronic communication to AGE (such as feedback, questions, comments, suggestions, ideas, etc.). If any AGE web site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), AGE shall obtain, use and maintain it in a manner consistent with its Privacy Policy. Otherwise, such communication and any information submitted therewith will be considered non-confidential, and AGE will be free to reproduce, publish or otherwise use such information for any purposes including, without limitation, the research, development, use or sale of games or services incorporating such information. You are fully responsible for the content of your communications, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
9. Game Software
Some games on AGE may require that you download software from the Site or its licensors onto your computer ("Game Software"). The right to use the Game Software is subject to the terms and conditions of the applicable EULA. You understand that AGE’s introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by AGE may vary depending on your computer and other equipment.
NEITHER AGE NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE GAME 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 Game Software, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by AGEt, 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 Game 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 Game 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.
You may be given the opportunity to Beta test new games and site 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 site, 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. 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 of Use 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 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.
10. System Requirements
Part of our mission at the Site is to provide free, high quality games. This entails the use of hardware, software and internet access. By using the Site, 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.
11. Proprietary Rights, Trademarks and Copyrights
You understand and acknowledge that the Submissions, content and other applications made available on the Site is owned solely and exclusively by AGE, its licensors or it affiliates, and are protected by applicable U.S. laws and regulations, and international treaties relating to copyrights, trademarks, and other intellectual property rights. Under no circumstance will you obtain any ownership interest in any such proprietary subject matter pursuant to these Terms of Use or otherwise.
You shall not download, copy, transmit, modify, reproduce, distribute, show in public or in private, or create any derivative works of the Site or any content or Submission displayed therein. Unauthorized downloading, copying, transmitting, modifying, reproducing, distributing, showing and creating of derivative works of any contentt may lead to the termination of your account(s) and subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless AGE and its licensors, affiliates, employees, officers, directors and agents from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties in connection with such actions.
If AGE receives notice alleging that you have engaged in infringing behavior or reasonably suspects that your use of the Site violates AGE’s or others’ intellectual property rights, AGE may, in its sole discretion, suspect or terminate your User ID with or without notice to you.
12. Server Down Time
There will be regular periods of server maintenance as well as spot maintenance, usually coinciding with a new game or new service. AGE will do its best to limit server down time. However, AGE is not liable for any loss of usage or data experienced as a result of maintenance or other down times and you agree to hold AGE harmless for any such loss. AGE will not be responsible for a user's inability to access paid services during server maintenance.
13. Third Party Sites
Clicking a hyperlink may direct you away from the Site. 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 Site, 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 Site.
14. Indemnification
You agree to indemnify and hold harmless AGE and its affiliates, officers, directors, advisors and licensors from and against any claim, loss, expense or damage resulting from or arising out of your failure to comply with these terms or any illegal action or inappropriate conduct by you in connection with your use of the Site or visits to the Site.
15. Termination
You agree that AGE may, under certain circumstances and without prior notice, immediately terminate your User ID and access to the Site and other related services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of User or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the services provided by the Site. Termination of your account includes (a) removal of access to all offerings within the Site, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Site. Further, you agree that all terminations for cause shall be made in AGE's sole discretion and that AGE shall not be liable to you or any third party for any termination of your account or access to the Site.
You have the right to terminate or cancel your account at any time by terminating your User ID. 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 these Terms of Use or AGE’s enforcement or application of these Terms of Use; (ii) the Submission; (iii) your ability to access and/or use the Site; 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.
16. General
This Agreement is governed by the laws of California without regard to conflicts of laws. The forum for all disputes arising out of this Agreement shall be an appropriate federal or state court in Santa Clara County, California and the parties agree to submit to the exclusive jurisdiction of these courts. In the event of any litigation or other dispute arising under this Agreement, the prevailing party in such litigation or dispute will be entitled to recover its attorneys' fees and all other costs and expenses incurred in connection with resolving such dispute.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE 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 SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE 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 SITE 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 SITE 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AGE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
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 SITE. 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.
18. 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 SITE; (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iii) ANY OTHER MATTER RELATING TO THE SITE.
19. Closing
Thank you again for visiting www.aeriagames.com. 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 Site and act with the same courtesy and respect you expect from other guests. AGE always reserves the right to refuse or terminate service.