Last Updated June 6, 2024

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Welcome to Rivals 2. These Terms governs your access to and use of the Services, as defined herein, and any associated content related updates, upgrades, and features. These Terms are a legally binding agreement between you and Aether Studios, Inc. Read these Terms carefully before using the Services. By accessing or using the Services, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY PORTION THEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.

We may amend these Terms at any time by posting a revised version on our websites and within the Game’s settings. Each revised version will state its effective date, which will be effective on or after the date in which it is posted or sent. Your continued use of the Services after the effective date of such revision constitutes your acceptance of the revised Terms.

These Terms include, by reference, Aether Studios, Inc.’s Terms of Service and Privacy Policy, as amended from time to time.

THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. BY ACCEPTING THESE TERMS, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

BY USING THE SERVICES, YOU CONFIRM THAT YOU ARE ABOVE THE MINIMUM AGE AND ARE NOT BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW.

THE SERVICES ARE NOT DIRECTED TO CHILDREN UNDER 13 AND YOU MAY NOT USE THE SERVICES IF YOU ARE UNDER 13 YEARS OLD. BY ACCESSING AND/OR USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. IF YOU ARE OVER THE AGE OF 13 BUT UNDER THE AGE OF 18 OR OTHERWISE UNDER THE LEGAL AGE OF THE MAJORITY IN YOUR JURISDICTION OF RESIDENCE, YOU MAY ONLY USE THE SERVICES WITH PERMISSION FROM AND UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN AND SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN SECTION 4 OF THESE TERMS.


“Account” means any individual User account that is used to access the Services.

“Aether Bucks” means the fictional currency used to purchase Digital Cosmetics for use within the Game.

“Company” means Aether Studios, Inc. References to "us" "we," or "our" means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).

“Digital Cosmetics” means digital cosmetic items that can be used within the Game.

“Dispute” means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before these Terms, and claims that may arise after the termination of these Terms; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.

“Game” means the game Rivals 2 inclusive of all underlying images, characters, literary works, source code, object code, musical compositions, sound recordings, audiovisual works, and any other materials and Intellectual Property Rights therein as well as any updates or other DLC.

“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.

“Notice” means a delivered writing by e-mail, courier, or postal delivery to the other party at their respective address and will be effective upon receipt.

“Privacy Policy” means our policy regarding data collection and processing, which also governs your use of the Services and is incorporated herein by reference.

“Protected Content” means all content, included as part of the Services and any compilation thereof including, without limitation, the look and feel of the Services, the text, graphics, source code, sound recordings, musical composition, narrative, characters, literary works, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory.

“Services” means the Game, and all other applications, content, tools, features, and functionality offered on or through the Game, including in-Game items, and any associated services or materials thereon.

“Terms” means these terms of this End User License Agreement and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.

“Terms of Service” means the terms of service that govern the use of our websites.

“Transaction” means your purchase or obtaining of a license to the Game or Aether Bucks offered by the Company through the Game or Platforms (defined below).

“User,” “you” or “your” means any user of the Services, or any owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.

“User Generated Content” means any photos, images, likenesses, logos, marks, literary works, sound recordings, musical composition, audiovisual works and programs, modes, animations, names, and any other content or materials uploaded or shared via the Services by participating in forums or communicating with Company on social media platforms.


The Services are licensed to you for your personal use and entertainment only. Company hereby grants you a personal, limited, non-transferable, fully, revocable, and non-exclusive License to use the Services for your personal entertainment and non-commercial use, subject to your compliance with these Terms and subject to the limitations set forth in Section 3. Company or its licensors own and reserve all other rights, including all right, title and interest in the Services and all materials or content therein, and all associated Intellectual Property Rights.

If you purchase any Digital Cosmetics, Company hereby grants you a limited, non-exclusive, non-commercial license to use the Aether Bucks and Digital Cosmetics within the Game. You acknowledge and agree that you may not reproduce, re-distribute, transmit, copy, publish, publicly perform or display, or create derivative works based on the Digital Cosmetics or otherwise use or exploit the Digital Cosmetics in any manner not authorized by these Terms.


You may not do any of the following with respect to the Services or any components thereof:

• a. Use the Services commercially or for a promotional purpose, except as otherwise authorized herein;
  
• b. Resell the Game;
  
• c. Copy, reproduce, distribute, display, publicly perform, publish, or use the Services or any portion or aspect thereof, in any way that is not expressly authorized in these Terms;
  
• d. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
  
• e. Modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by these Terms or by applicable law notwithstanding this limitation;
  
• f. Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services;
  
• g. Access any the Services or any website, server, software application, or other computer resource owned, used and/or licensed by Company, through any means not intentionally made available or provided for through the Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company;
  
• h. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
  
• i. Harvest or collect the email addresses or other contact information of other Users;
  
• j. Use the Services in any manner which could damage, disable, overburden, or impair the Game or Game servers, or otherwise interfere with any other party's use and enjoyment of the Services;
  
• k. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
  
• l. Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent; and
  
• m. Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose;
  
• n. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider.

• a. By using the Services, you warrant and represent that you: (1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or (2) are a minor who has been authorized under the provisions of Section 4(b) below.
  
• b. If you are the legal guardian of a minor, you can choose to allow use of the Services by that minor instead of yourself subject to the following provisions:
  
  • i. You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
    
  • ii. You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms;
    
  • iii. You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
    
  • iv. In consideration of Company allowing access to the Services by a minor, and in addition to the indemnification provisions set forth herein, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Company with respect thereto.

You must have a valid Account to use the Services. An Account will be automatically created when you open the Game within Steam.

You acknowledge and agree that by registering to create an Account, you may be subject to an agreement(s) with Microsoft Azure PlayFab (“PlayFab”). For your reference, PlayFab’s terms and conditions are available here. You acknowledge and agree that Company is not a party to any of the foregoing agreements or any other agreements between you and PlayFab and compliance with such agreements is not monitored, enforced, or controlled by PlayFab. If Company receives notice that your activity violates any of the foregoing or any similar agreement between you and PlayFab or any other third party, Company may, in our sole discretion take action to bring you into compliance with such agreements. Such actions may include suspending or terminating your Game privileges.

You further acknowledge and agree that by accessing the Services via your PlayFab account, you are providing Company with limited access any information including any personal information about you contained within in your PlayFab account and associated credentials for the purpose of logging into the Game.

You may delete your Account at any time by emailing us at contact@aetherstudios.com


If you wish to make a Transaction for the Game, Aether Bucks, or Digital Cosmetics, you are required to pay the listed priced and any applicable fees. Unless otherwise indicated, all fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. You must be 18 years or older or have your parent or legal guardian’s permission to make a Transaction.

• a. Billing Information. Transactions will be processed on the platforms on which the Game is available, including Steam (“Platforms”). You authorize the Platforms to charge your credit card or other payment method the applicable price of the Transaction. Payment processing time will vary depending on your location. You will receive a receipt from the applicable Platform confirming payment. If your payment is rejected for any reason, including insufficient funds, Company reserves the right to contact you directly to seek payment. By using a Platform, you may be subject to an agreement with such Platform. If Company receives notice that your activity violates any agreement between you and or any Platform, Company may, in our sole discretion take action against your account to bring you into compliance with such agreements. Such actions may include canceling a Transaction, suspending your Transaction privileges and/or removing certain payment methods. You agree to provide current, complete, and accurate purchase information for all Transactions conducted via the Platforms.
  
• b. Restrictions. Company reserves the right, including without prior notice and on a case-by-case basis, to limit the available quantity of or discontinue making available the Game, Aether Bucks, or Digital Cosmetics in general or to any per person, per household, or per order, per geographic region or jurisdiction (including orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address); to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with the Game, Aether Bucks, or Digital Cosmetics. In the event that we make a change to or cancel a Transaction, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
  
• b. Transaction Processing. Company may, in its sole discretion, choose to not process or to cancel your Transaction in certain circumstances. This may occur when we suspect the request is fraudulent, or in other circumstances Company deems appropriate in its sole discretion. Company also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Company will either not charge you or refund the charges for orders that we do not process or cancel.
  
• d. Tax. Product prices are exclusive of all foreign, federal, state, municipal, and local excise, sales, use and similar taxes. Such taxes are the responsibility of you as a purchaser and may be in addition to the price stated on the Services.
  
• e. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW, YOU AGREE THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR INDIRECT DAMAGES FOR THE DAMAGE, INJURY, OR LOSS OF LIFE OR PROPERTY OR REVENUE EVEN IF THE DAMAGE, INJURY, OR LOSS IS CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF THE COMPANY REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, NON-DELIVERY, SALE OR USE OF THE GAME, AETHER BUCKS, OR DIGITAL COSMETICS PURCHASED BY YOU HEREUNDER. YOU AGREE THAT ALL GAME, AETHER BUCKS, OR DIGITAL COSMETICS IN THE TRANSACTION ARE SOLD AND PURCHASED “AS-IS.” ALL IMPLIED WARRANTIES INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE EXPRESSLY DISCLAIMED BY COMPANY.
  
• f. Refunds. Company does not offer refunds for Transactions. Please refer to Steam’s refund policies for information on refunds for Transactions.

Users with a valid Account may purchase Aether Bucks and Digital Cosmetics by completing a Transaction. Aether Bucks and Digital Cosmetics may only be used within the Game. Aether Bucks and Digital Cosmetics has no cash value and may not be redeemed for real-world goods, services, or currency.

You agree that you will not use Aether Bucks or Digital Cosmetics outside of the Game. Neither Aether Bucks nor Digital Cosmetics may be traded, used for gambling activities, sold (including via a third-party exchange), or otherwise disposed of outside of the Game. Any violation of the foregoing may result in the termination or suspension of your Account.

In the event an Account is deleted or Company terminates an Account for any reason herein, Company is under no obligation to maintain or refund any User’s Aether Bucks and Digital Cosmetics.


You may provide us with User Generated Content as part of the Services. You represent and warrant that (i) you own or otherwise have the necessary rights to use and to grant us the right to use the User Generated Content you provide to us, (ii) the User Generated Content will not infringe or violate any third-party rights including, without limitation, any publicity, copyright, trademark, or intellectual property rights, and (iii) the User Generated Content will not violate the terms of use of any Platform.

By creating any User Generated Content, you hereby grant Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, paid-up, fully transferable and sublicensable license to reproduce, modify, host, copy, display, publicly perform, create derivative works of, publicly display, transfer, or otherwise use or exploit such User Generated Content, in whole or in part, including within the Services and to host, distribute, and allow other users to download the User Generated Content. If you delete your Account, your User Generated Content may not be removed from the Services, and other users may still be allowed to download and use the User Generated Content you submitted.

The foregoing license is revocable and will terminate in the event that you elect to delete your User Generated Content, provided that such license may persist for the maximum duration allowable by applicable law, including in perpetuity, if so allowed, to the extent you share any User Generated Content with third parties and others copied or stored portions of the User Generated Content.


Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures, and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.


All Protected Content is the property of Company or its third-party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content’s third-party owner, if applicable. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third-party.

11. Service Availability and Termination

You acknowledge and agree that:

• a. Company has the discretion to immediately terminate or restrict access to the Services or any portion thereof, at any time, for any reason, without Notice and without liability to you;
  
• b. Access to the Services may be interrupted for reasons within or beyond the control of Company and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
  
• c. Company may terminate the Services or terminate or suspend Accounts due to a User’s breach of these Terms; and
  
• d. The Services may not be offered in all countries or geographic locations.

COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION.

All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content.

No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding use of the Services or the purchase any other good or service, whether virtual or tangible, offered by the Services or any third party, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.

USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. YOU HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF GOOD AND WORKMANLIKE QUALITY, WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.

YOU UNDERSTAND AND AGREE THAT THERE ARE RISKS INVOLVED WITH AND INHERENT TO PLAYING ANY COMPUTER OR MOBILE GAME INCLUDING, BUT NOT LIMITED TO, MOTION SICKNESS, REPETITIVE STRESS INJURY, OR SIMILAR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY PHYSICAL INJURIES, LOSS OF LIFE, DISMEMBERMENT SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA, REGARDLESS OF FORESEEABILITY AND COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUNDER WITHIN THE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY’S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.


In addition to any other representations and warranties made herein, you hereby represent and warrant that (a) you are not prohibited from receiving or using any aspect of the Services under applicable laws and (b) Company has not previously disabled your access to the Services for a violation of the law or these Terms or other applicable agreements.


Links to Third-Party Sites. The Services may contain links to third-party websites. The third-party websites are not under the control of Company and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the third-party website or any association with its operators.

Platforms. You may access the Game on third-party platforms such as the Steam using your Platform account (the “Platform Account”). You are solely responsible for complying with the terms of use and end user license agreement of Steam and any other Platforms on which the Game is available (collectively, the “Platform Terms”), and you acknowledge and agree that Company has no control over the terms of use or end user license agreement of the Platforms. If Company learns that you have violated the Platform Terms, Company may take action against your Platform Account, including by restricting access to the Services. You acknowledge and agree that Company may have access to certain information, including friends lists and other personal information, that appears in your Platform Account. In order to delete such information, you must delete your Platform Account from the Platform.


The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Company, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Company, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Company and Epic. Company, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, neither Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of Company’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with these Terms, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of Company’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with these Terms or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Company’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Company, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Company, Epic, Epic’s licensors, its and their affiliates, and any of Company’s or Epic’s service providers shall be limited to the full extent permitted by law.


Use and Access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.


The Services are controlled, operated, and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.


You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."


To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (i) your misuse of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; and (v) any claim that you caused damage to a third-party.


In the event the parties are not able to resolve any Dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, except as provided below, the parties hereby agree to submit any Dispute they cannot resolve informally to final and binding arbitration. The arbitration will be conducted remotely unless the arbitrator believes an in-person hearing is required, in which case the location of the arbitration hearing will be determined by JAMS rules. The arbitrator will follow Washington law in adjudicating the Dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Interpretations of these Terms, including determinations of unconscionability, will be determined by the arbitrator selected through this provision. The Arbitrator shall determine the scope and enforceability of this agreement to arbitrate, including whether any Dispute is subject to arbitration and shall rule on any defense, raised by a party hereto, that the claim(s) in question is exempt from this arbitration requirement. As part of the arbitration, the parties shall engage in the exchange and/or discovery of non-privileged information relevant to the Dispute, in accordance with JAMS rules.

The foregoing shall not apply to any claims that fall under the auspices of a small claims court of competent jurisdiction and either party may seek appropriate relief therein.

The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any Intellectual Property Rights, any action in which Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in King County, Washington. For that limited purpose, you hereby consent to the jurisdiction of the State of Washington and agree that its laws will be used to resolve any disputes hereunder.


Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.


Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.


In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.


Company’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms are in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.

These Terms, the Terms of Service, the Privacy Policy, and any other document incorporated herein by reference constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Company with respect to the Services. A printed version of these Terms and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

These Terms are non-transferable, and you may not assign your rights and obligations under these Terms without the express written consent of Company.

If you have any questions regarding your use of the Services or compliance with these Terms, please contact us at contact@aetherstudios.com