LEGENDS OF ARIA TERMS AND CONDITIONS

            This is the Terms and Conditions (“Agreement”) for “Legends of Aria.” Please read through this document carefully. By creating an account, copying, installing, downloading, or otherwise using the ‘experimental client’ software, you agree that you understand, accept, and comply with the terms set forth below. Failure to comply with these terms may result in enforcement actions against you. If you need clarification, explanations for the terms are italicized below.

This Agreement is the binding legal agreement between you, the individual end user (“you”), and Citadel Studios, Inc. (“Citadel Studios”, “we”, “us”), a Delaware Corporation, for the download and use of the game “Legends of Aria” (“Game”) and your participation, obligations, and contributions. This Agreement. For purposes of this Agreement the “Game” means collectively the interactive video game client “Legends of Aria”, any user account(s) created by you, and all applicable client software (including, among other things, installer software, the game client, launcher software, and download management software) that you will or have installed on your computer, including all printed materials, digital or electronic documentation obtained by you through our website, https://www.legendsofaria.com/, or by any other distribution channels now known or hereafter devised, regardless of the legal standing of that distributor.

1. LICENSE. Citadel Studios is the sole author and owner of any and all State, Federal, and International intellectual property and proprietary rights in and to the Game and all copies of the Game, including and without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from the Game. We prohibit the copying, reproduction, and circumvention of technology of the Game beyond the terms of this license. The Game is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Game is contingent upon your compliance with this Agreement and the License Terms set forth below. What this means: Although you own a copy of the Game, the underlying rights still belong to the developer, us, and your use of your copy is limited to the terms of the license. If you exceed the rights granted in this license, you’re committing copyright infringement, which is illegal and could put you at risk of legal action against you.

2. LICENSE TERMS. Citadel Studios hereby grant you a non-exclusive, revocable, non-transferrable, and limited right to license one copy of the Game for your personal, non-commercial use. Continued use of the Game is contingent upon your compliance with the following:

• You may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game. In addition, you may not reverse engineer, decompile, or disassemble any part of the Game. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or intellectual property contained in the Game. What this means: Selling or giving away the Game isn’t allowed. This includes sharing your account information. Additionally, reverse engineering or using/adapting any part of the Game’s code or other content for commercial or redistribution purposes isn’t permitted.
• Absent a valid distribution Agreement between you and Citadel Studios, you may not make the Game available on any third party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by Citadel Studios or its distributors. What this means: Redistribution of the Game without a license to do so is considered piracy, which is illegal under Federal and International law. This license is not a license for redistribution, so if you distribute the Game you’re violating this license. And as stated before, that’s copyright infringement, or piracy. The most popular means of piracy is through digital distribution, such as torrent clients or other file-sharing services. We want to continue providing worthwhile content for our users, but we can’t do it if our games are pirated—we need to eat, too, and we can’t make money off of pirated software.
• By creating a user account you agree that Citadel Studios may collect personally identifiable information from you for purposes related to your use of our products and services and that some personally identifiable information provided by you may be stored outside the country in which you reside. For more information on our privacy policy please visit: What this means: We may ask for certain information when you create your user account (whether through surveys or your own user feedback) We’ll do our best to keep that information secure, but please refer to the privacy policy for specific details regarding that disclosure of that information.

4. CODE OF CONDUCT. You agree that, while using this product, you will comply with the following code of conduct. Failure to comply may result in account termination:

• Treat others as you would like to be treated and respect fellow players. Harassment, racism, sexism, obscene or vulgar behavior, spamming, trolling, taunting, baiting, corpse camping, name calling, or otherwise engaging in behavior that keeps your fellow players from enjoying the game is strictly prohibited.

• If you find a bug or exploit that gives you or another player an unfair advantage, report it. Do not keep that information to yourself in the hopes that you will be able to use said exploit in the commercial release. Using an exploit (except to comply with item c., above) is grounds for account termination. Furthermore, disclosing any exploit to anyone but Citadel Studios is a breach of the Non-Disclosure terms above.
• Do not share your account information with anyone. You are the sole individual entitled to play the Game with this account.
• Report all issues, bugs, exploits, or other problems or reasons for concern that you come across. If you find something you suspect is a bug or design issue, try to gather steps to reproduce the issue and report it (especially if it is not on the known issues list). In addition, if you feel someone is not following the Code of Conduct, you can and should report it.
• Do not attempt to hack, modify, decompile, or manipulate the Game’s data files. This is already prohibited by the License Terms, but it bears repeating.

5. INDEPENDENT ORIGIN. All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. What this means: We do our level best to avoid these situations, but sometimes coincidences happen. If you share the name of one of our characters, we’re not stalking you—it really was an accident.

6. DISCLAIMER. All information, content, services, and material available in the Game and related software are provided on an “As Is” basis. To the full extent permissible by law, we disclaim any and all warranties and representations, express or implied, including any Warranty of Merchantability or Fitness for a Particular Purpose. We do not warrant the non-infringement of any intellectual property right. What this means: We do our best to make the highest quality games out there, but we can’t guarantee that your copy isn’t defective. This is bold because it’s important—there is no warranty to this Game, so you purchase and download at your own risk. We do not guarantee that the copy of the Game you’ve purchased is bug free, or even functional on your system.

7. LIMITATION OF LIABILITY. Your purchase and use of the Game is at your own risk. We do not warrant that your ability to play the Game will be timely, secure, uninterrupted or defect-free. In no event will Citadel Studios (including its officers, directors, personnel, agents, or employees) nor its affiliates be liable for direct, indirect, incidental, special, exemplary, or consequential damages (including but not limited to lost profits, loss of business, procurement of substitute goods or services, loss of use or loss of data, or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort arising in any way out of purchase or use of the Game. What this means: Since you know there’s no warranty or guarantee regarding the Game, you’re assuming the risk in purchasing and downloading it. We also can’t guarantee that our site won’t get hacked and the copy you’ve downloaded is nothing more than a virus, and we won’t be liable to you if that happens. You can’t hold us liable for legal damages if the copy of the Game you’ve downloaded crashes your system, doesn’t function, or sends you to some crazy fetish site—we’ll do our best to keep it from happening, but software is never a risk free product.

8. DISPUTE RESOLUTION: You agree to follow this Agreement’s dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your purchase and use of the Game:

•  Informal Negotiations. Parties to a dispute concerning this Agreement or purchase and use of the Game will attempt to informally negotiate a potential settlement or resolution to the dispute.
• Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
• Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the State of Virginia. What this means: Arbitration is cheaper and easier than litigation. If there’s a dispute, we want to resolve it in the cheapest and most efficient way possible—this benefits both you, the user, and us. If you have a problem with our Game we welcome you to provide feedback. If the matter is significant enough, mediation and arbitration are our first steps in resolving that matter. Additionally, if violate the license terms of this Agreement, our first steps will be through arbitration.

9. NO WAIVER. Our failure to enforce at any time any of the provisions of this Agreement or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision. The express waiver by Citadel Studios of any provision, condition or requirement of this Agreement or related agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

10. MISCELLENEOUS PROVISIONS. The parties additionally agree to the following:

• If any portion of this Agreement is found invalid by any competent Court of Law, the invalidity will not affect other provisions or applications of the remainder of this Agreement which can be given effect without the invalid portion. What this means: If a court determines that any part of this Agreement isn’t legal or enforceable, the rest of the Agreement that IS legal and enforceable remains in force. The entirety and enforceability of this license doesn’t hinge on the enforceability of any one particular provision.
• Jurisdiction and Choice of Law. The validity, interpretation, and performance of this Agreement are governed and controlled by the laws and regulations of the State of Virgina. In the event of a dispute you agree to submit to the personal and exclusive jurisdiction of the State and Federal Courts of Virginia. What this means: If there is a dispute, that dispute will be resolved in Virginia. You’re agreeing that your sole means of remedy is placed in the hands of the Virginia courts; additionally, you’re agreeing that Virginia not only governs this document but governs your actions in connection with this license.
• Notification of Changes to this Agreement. We may from time to time change this Agreement. You agree that notification to you of these changes will be effective upon posting those notifications and changes on the Citadel Studios or Game web site. What this means: this Agreement or our privacy policy may change at any time. When it does, we will notify you through our website.
• Prior Versions. This Agreement constitutes the full understanding of your agreement with us. Any prior versions of this document have no effect on this Agreement. What this means: Only this version of the Agreement is binding. Prior versions are no longer enforceable.
• This Agreement, may be assigned by Citadel Studios to any third party at our sole discretion r. What this means: Studios or their game properties get bought out from time to time. If that happens, this Agreement will still be enforceable by the third party who assumes ownership over us or the Game.
• Legal Fees. In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement, the Party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney’s fees in connection with such action. What this means: Attorneys aren’t cheap. If you violate this Agreement, in addition to other damages, you may be liable for our attorney fees.
• Survival. The following sections shall remain in full force and effect after termination of this Agreement: 1, 3, 5, 6, 7, 8, 9, and 10.