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LEGENDS OF ARIA ETERNAL TERMS OF SERVICE
Last updated August 5, 2026
Thank you for enjoying the games we create. In order to create a better player experience for our entire community, we require all of our players to carefully review and accept the following General Considerations and End User License Agreement. This not only helps us preserve a healthy and fun environment for all of our players, but it also allows us to continuously improve your player experience.
The Emergent Worlds LLC Privacy Policy is published at https://api.legendsofaria.com/legal/privacy and linked from our Steam store page. The Privacy Policy describes our data collection practices and your rights with respect to the data we collect. We provide it to you separately for two reasons: 1) it is not an agreement to which you must consent in order to enjoy our products-instead, the policy exists solely to communicate our practices and your rights with respect to those practices; and 2) your privacy rights are important to us and deserve your undivided attention. Please take the time to review our Privacy Policy.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN THE SECTION TITLED "DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER." THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. THEY REQUIRE THAT MOST DISPUTES BETWEEN YOU AND EMERGENT WORLDS LLC BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND THEY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO HAVE A JURY HEAR YOUR CLAIMS. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AS DESCRIBED IN THAT SECTION. PLEASE READ IT CAREFULLY.
General Considerations and Definitions
Emergent Worlds LLC does not operate a consumer website. The Game is distributed exclusively through Steam, and the Steam store page and Steam Community hub for the Game (together, the "Steam Store Page") serve as our storefront and primary point of contact for the Game.
For purposes of this Agreement, "Community Channels" means the Steam Store Page together with our official Discord server and our official social media pages and accounts (e.g., X/Twitter, Facebook, YouTube). Where this Agreement refers to materials we publish, post, or make available, it refers to materials published through the Community Channels.
The term "Game" or "Games" means our interactive entertainment products, namely and including but not limited to "Legends of Aria Eternal", including the game client and all versions thereof across all consoles and playable platforms, and also refers to all expansions, updates, and game keys for digital download, as well as all content and intellectual property embodied therein.
"Intellectual Property" means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as "intellectual property rights" or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devises, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.
"Platform" refers collectively, and at times individually, to (1) the Game as distributed, installed, patched, updated, and launched through the Steam platform operated by Valve Corporation ("Steam"), (2) the online game services, game servers, and account systems Emergent Worlds LLC makes available in connection with the Game, (3) each of the Games, (4) any authorized companion application Emergent Worlds LLC may make available in connection with the Game, and (5) all features and components of each of them. Emergent Worlds LLC does not operate a proprietary game launcher, downloader, or content delivery network; all distribution, patching, and client delivery for the Game occur exclusively through Steam. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE EMERGENT WORLDS PLATFORM.
"Services" mean all of the products and services offered by Emergent Worlds LLC, including but not limited to our Games and in-game purchases, the Community Channels, customer support, technical support, and all other means by which you interact with Emergent Worlds LLC and its products and services.
By downloading, purchasing, installing, or playing the Game(s), or by participating in our Community Channels, you hereby accept the End User License Agreement contained herein (the "Agreement") in full. Do not continue to use the Game(s) or the Community Channels if you do not accept all of the terms and conditions set forth below.
The following terminology applies to this Terms of Service and End User License Agreement, and any related agreements referenced herein: "End User", "You" and "Your" refers to you, the person accessing the Game or the Community Channels and accepting the Company's terms and conditions. "The Company", "Emergent Worlds", "Ourselves", "We", "Our" and "Us", refers to our company, Emergent Worlds LLC. "Party", "Parties", or "Us", refers to both the End User and ourselves, or either the End User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the End User's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, United States and applicable international Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
End User License Agreement
Steam Account and Access
Access to the Game requires a valid Steam account in good standing. Your use of Steam is governed by the Steam Subscriber Agreement and other Valve policies, which are separate agreements between you and Valve Corporation. Emergent Worlds LLC neither controls nor is responsible for Steam, Valve's services, or Valve's policies.
Emergent Worlds LLC does not operate its own account system. There is no separate registration, username, or password held by us, and we will never ask you for your Steam password for any reason. Your Steam account identifier is what we use to recognize you, and your characters, game progress, entitlements, and in-game purchases are associated with it. Those characters, that progress, and those entitlements are licensed to you under this Agreement and remain subject to it; they may not be transferred to any other Steam account.
Because access depends on Steam, loss of access to your Steam account - whether through Valve's action, your own action, or otherwise - may end your ability to play, and Emergent Worlds LLC cannot restore access in that circumstance.
Emergent Worlds retains the right to monitor and/or record your communications when you use our Platform, and you acknowledge and agree that when you use our Services, you have no expectation that your communications will be private. Emergent Worlds shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Emergent Worlds policy; (c) to protect Emergent Worlds' legal rights and remedies; (d) to protect the health or safety of anyone that Emergent Worlds believes may be threatened; or (e) to report a crime or other offensive behavior.
Your use of the Platform and Services and your ability to access the Game or communicate with other players is governed by this End User License Agreement (the "EULA") and those in-game policies Emergent Worlds may from time to time deploy or enforce at its sole and exclusive discretion. The EULA is not meant to be exhaustive.
License
Ownership; Our Operating Rights. Emergent Worlds LLC does not own the Legends of Aria intellectual property. The Game and the Intellectual Property embodied in and derived from it - including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, game code, artwork, audio, and audiovisual works - are owned by a third party from which Emergent Worlds LLC licenses them (the "Licensor"). Emergent Worlds LLC operates, hosts, maintains, updates, and distributes the Game pursuant to a license granted to it by the Licensor (the "Operating License").
Subject to the Licensor's underlying rights, Emergent Worlds LLC reserves all right, title, and interest in and to the materials it independently creates in connection with the Services, including its server-side systems, operational tooling, live-service infrastructure, and any original content it authors (collectively, "Operator Materials").
The rights granted to you under this Agreement are a sublicense granted by Emergent Worlds LLC to the extent - and only to the extent - that the Operating License authorizes Emergent Worlds LLC to grant them. Nothing in this Agreement grants you any right, title, or interest in the Licensor's Intellectual Property beyond the limited sublicense described below. Nothing in this Agreement constitutes a waiver, assignment, transfer, or limitation of any right held by the Licensor, and the Licensor retains all rights not expressly sublicensed here. If any provision of this Agreement purports to grant rights exceeding those available to Emergent Worlds LLC under the Operating License, that provision shall be read to grant only the rights actually available.
We prohibit the copying, reproduction, and circumvention of technology of the Platform, Services, or Games beyond the terms of this license. The Games and any technology embodied therein are licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Platform, Services and Games is contingent upon your compliance with this Agreement and the License Terms set forth below.
License Terms
If you accept and comply with the terms of this Agreement, Emergent Worlds LLC will grant, and you will receive, a limited, revocable, non-sublicensable, non-transferable, and non-exclusive sublicense to use the Platform, subject to the "License Limitations" set forth below and to the scope of the Operating License, as follows:
- You may install and run the Game through Steam on one or more computers under your legitimate control, subject to Steam's terms and any device or concurrency limits Steam imposes.
- You may use the Platform for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
- You may not transfer your rights and obligations to use the Platform.
- The Game is distributed exclusively in digital form through Steam. We do not distribute the Game on physical media, and Emergent Worlds LLC does not recognize any purported transfer, resale, or assignment of the Game or of your license to it.
In all such cases and for any rights granted herein by Emergent Worlds, the following limitations apply:
- You represent that you are an adult in your country of residence, or that you are at least thirteen (13) years of age if you reside in the United States. You agree to this End User License Agreement on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you (however, please review our Privacy Policy if you are a parent or guardian prior to allowing any child to play our Games);
- Except as otherwise set forth under this license, 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 Platform, Services, or Game. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Platform, Services or 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 Platform, Services or Game;
- You must comply with the terms of this Agreement. Any breach substantial enough to cause harm to Emergent Worlds or a third party may be accompanied by the application of any and all legal rights and claims reserved by us herein;
- Absent a valid distribution Agreement between you and Emergent Worlds, you may not commercially exploit or otherwise make the Platform or 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 Platform or stand-alone Game products. 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 us or our distributors. For the sake of clarity, "commercially exploit" as used herein includes offers to perform in-Game services for other End Users in exchange for payment outside of the Game;
- You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Platform, Services, or in-Game experience;
- You may not use any unauthorized third-party software that intercepts, "mines," or otherwise collects information from or through the Platform, Services or Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces;
- You may not modify or cause to be modified any files that are a part of the Platform, Services or Game in any way not expressly authorized by us;
- You may not provide or develop matchmaking services for the Platform or Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
- You may not facilitate, create or maintain any unauthorized connection to the Platform, Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by us;
- You may not violate any applicable law or regulation in connection with your use of the Platform, Services, or Game; and disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server"); or (ii) any other End User's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PLATFORM OR GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Modding
We may make available, or have others make available, modding tools, engine tools, or other routines and operations allowing for player modification of the Game (herein the "Software Development Kit" or "SDK"). These tools are considered proprietary assets of the Platform and are in and of themselves subject to the same licensing restrictions set forth in this Agreement. Any permission granted in this section is granted only to the extent the Operating License authorizes Emergent Worlds LLC to grant it, and is subject to the following: Players may use the SDK or other modding tools made available by us or authorized by us solely for the purpose of creating non-commercial modifications to and derivative works of the Game. Unless otherwise provided in this EULA, you may use the SDK and modding tools for non-commercial purposes, and solely to develop modifications to the Game compatible with the lawfully purchased and licensed original source engine of the Game ("Mod"), or to create derivative works of the Game's content (such as new levels, in-game items, skins, and audio-visual inclusions) that are also solely compatible with a legally purchased and licensed version of the original Game ("Derivative Works"). Except as otherwise set forth in this License, you may (i) reproduce and distribute the Mods and in object code form solely to licensed end users of the Game, and (ii) reproduce and distribute Derivative Works in object code form, solely to licensed end users of the Game. Any distribution of either Mods or Derivative Works is wholly contingent upon the releases being available to players without charge and on a non-commercial basis. You are prohibited from reproducing or distributing the modified version of the Game-you may only distribute the object code of the Mods or Derivative Works. It is understood that Mods or Derivative Works of the Game may only be distributed on a non-commercial basis, and in no event are you authorized to commercialize the same absent the express written consent of Emergent Worlds LLC and, where the Operating License so requires, of the Licensor.
User Comments and Feedback
Our Community offers various opportunities to interact and share your opinions and thoughts with us and other End Users in Game or through the Community Channels, including the Steam Store Page, Discord, and our social media accounts. However, please note that the opinions or views expressed, or statements made to the Community (other than by Emergent Worlds' employees, officers, or verified community leaders) via posts, user comments, feedback, "wiki" entries, online chat (in Game or via Discord or comparable social media outlets), or via the communication features of the Game (collectively referred to herein as "User Comments"), do not reflect the opinions or views of Emergent Worlds.
We do not review, edit or modify User Comments prior to their publication to the Community. However, we reserve the right to remove or modify any User Comments shared with the Community for any reason. By sharing User Comments and accepting the terms of this Agreement, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments through the Community Channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with the promotion of the Game.
We appreciate any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the Game or the Community Channels ("Feedback"). However, we cannot guarantee that the Feedback you provide has not already occurred to us. By submitting Feedback to us, you hereby assign all right, title, and interest in and to the Feedback to Emergent Worlds LLC and, to the extent the Operating License so requires, to the Licensor, including but not limited to Intellectual Property rights. To the extent that any such rights cannot be assigned under applicable US or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback.
User Generated Content
We encourage our End Users to create and share your mods, fan art, fan fiction, video montages, Let's Play videos, and other creative content with our Community (herein "User Generated Content"). We also encourage streaming and recording your gameplay and sharing it with the community or through social media video streaming services such as YouTube.com or Twitch.tv-for the purpose of these Agreements, we also consider your streams and videos containing our Game "User Generated Content".
We want you to create and express yourself freely, and you retain all rights in and to your User Generated Content. By sharing your User Generated Content with the Community, you grant Emergent Worlds LLC and the Licensor an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute your User Generated Content solely in connection with our Games.
However, User Generated Content shared with the Community must comply with this Agreement. Failure to comply with any of the terms contained herein may result in the termination of your access to the Game and whatever other legal remedies may be available to us, including issuing take downs to the appropriate service providers due to the breach of the licenses and rights granted to you herein.
Because "Legends of Aria Eternal" includes chat functionality, it is important that you comply with this Agreement when linking or sharing any User Generated Content. The Privacy Policy is also important in connection with User Generated Content, as we may collect, store, and share your User Generated Content pursuant to that policy.
Copyright Complaints
If you believe that content in the Game or in our Community Channels infringes your copyright or other rights, contact us at emergent.worlds@proton.me with enough detail to identify the work and where it appears, and we will investigate and remove material where appropriate.
In Game Purchases
Virtual Goods. You may purchase virtual items and, if available, virtual currency in connection with the Game if you have a valid Steam account in good standing (the "Virtual Storefront"). The Virtual Storefront allows you to pay for a license of various in-game virtual items through the Service. All purchases of virtual items are processed through Steam by Valve Corporation, and you may acquire virtual goods through purchase via Steam, by redeeming a valid code, or through gameplay and your use of the Service. Emergent Worlds has the right to, and may limit the amount of virtual items you can purchase or hold at any given time. We may also provide you with virtual items as a part of a promotion, or through other means, such as for completing certain quests or achievements through your participation in the Service or Emergent Worlds-sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition or use of, or access to virtual items. You are solely responsible for verifying that the correct amount and type of virtual items have been added to or deducted from your in-game balance for each virtual good transaction. EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS PROVIDED UNDER THE STEAM REFUND POLICY, ALL PURCHASES ARE FINAL, and Emergent Worlds LLC does not itself provide refunds for virtual good transactions. Because all purchases are processed by Valve through Steam, refund requests are governed by the Steam Refund Policy and must be submitted to Valve. Notwithstanding the foregoing, you may contact Emergent Worlds to apply an in game credit or to cure any material deficiencies in the Game Asset(s), provided you are able to verify that the Game Asset(s) you purchased were not delivered, accessible, or otherwise unavailable due to a bug or error in the Game Asset(s) or the Game itself, and provided such deficiency is caused by Emergent Worlds.
Game Assets; Prohibition on Out of Service Exchange. You hereby acknowledge and agree that you have no claim, right, title, proprietary or ownership interest in any of the virtual goods, virtual currencies or other in game asset or purchase ("Game Asset(s)") regardless of any consideration offered or paid in exchange for those game assets; and Emergent Worlds shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking of or any other damage or loss of any kind caused to any of the Game Assets, including, but not limited to, deletion of game assets upon the termination or expiration of your account.
You may obtain certain Game Assets through gameplay or through using virtual items. Some Game Assets you obtain may have expiration dates, and they will no longer appear in your inventory upon the expiration date. You acknowledge and agree that Emergent Worlds may change, modify, "nerf," delete, remove or otherwise alter the appearance, function, use and/or properties of any Game Assets at any time, in its sole discretion.
You agree that you will not buy, sell or trade, or offer to buy, sell or trade, any Game Assets, except that you may trade certain in-game items (e.g., houses, armor, weapons, consumables) for other in-game items and/or in-game currency in an in-game transaction expressly permitted by Emergent Worlds (e.g., an authorized transaction using an in-game auction house or Emergent Worlds-sanctioned in-game item trade between players). For the avoidance of doubt, and in no way limiting the foregoing, you are prohibited from offering for sale or purchasing any Game Assets (whether or not held by characters registered to you) outside of the Service, through a website, or any other medium, or exchanging Game Assets, whether inside or outside the Service, for anything of value outside the Service or in the real world.
Termination of Access (No Refunds). Emergent Worlds LLC reserves the right to reduce, liquidate, deactivate, suspend or terminate your Account and/or Game Assets (including, without limitation, virtual items, housing, characters and guild halls) or access thereto if we suspect, after investigation, that you have used any aspect of the Service to conduct any fraudulent or illegal activity. Except as required by applicable law or as provided under the Steam Refund Policy, in no event will you be entitled to a refund from Emergent Worlds LLC upon account termination or deactivation, regardless of the reason.
No Transfers or Sales. Your access to the Game is personal to you and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances.
Fees and Payment Processing. The Game and all in-game purchases are sold exclusively through Steam. Payment processing, currency conversion, and the collection and remittance of applicable sales, use, and value-added taxes are handled by Valve Corporation under the Steam Subscriber Agreement, and Emergent Worlds LLC does not operate its own payment processor or receive or store your payment card details. You agree to pay all fees and applicable taxes incurred by you or anyone using your Steam account. Emergent Worlds may revise the pricing for its Games and all in-game purchases at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or services or products by, Emergent Worlds, your access to the Game may be suspended or terminated without warning or notice at the sole discretion of Emergent Worlds LLC.
Third Party Software
Steam and Valve. The Game is distributed, installed, updated, and launched exclusively through Steam. Your relationship with Valve Corporation is governed by the Steam Subscriber Agreement and Valve's other policies, which are separate from this Agreement. Emergent Worlds LLC is not responsible for the availability, performance, security, or policies of Steam, and interruptions to Steam may prevent you from accessing the Game through no fault of ours. Where a term of this Agreement conflicts with a requirement Valve imposes on Emergent Worlds LLC as a Steam distributor, the Valve requirement controls as between you and Valve.
Anti-Cheat. Emergent Worlds LLC does not use third-party anti-cheat software, and nothing we distribute scans your device or monitors processes outside the Game. We do detect cheating, exploits, and automation through our own game servers, and we may suspend or terminate access in response. Attempting to circumvent those measures is a breach of this Agreement.
Emergent Worlds LLC may rely on third party licensors and software in connection with providing the Platform and Games, and your use of any such software is subject to the terms accompanying it.
Ownership and Independent Origin
All characters, events, and portrayals contained in the Platform, Services and Game(s) 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. Furthermore, we do not claim any right, obligation, or liability in and to User Generated Content or third-party content otherwise made available in the Game. The rights in and to any such third-party content remains with its respective owners. As set forth under "Ownership; Our Operating Rights" above, the Legends of Aria Intellectual Property is owned by the Licensor and not by Emergent Worlds LLC, and nothing in this section shall be construed to the contrary.
Trademarks
The trademarks used in connection with the Game fall into two categories. The "Emergent Worlds Marks" are the trademarks, service marks, and logos owned by Emergent Worlds LLC. The "Licensed Marks" are the Legends of Aria trademarks, service marks, and logos, which are owned by the Licensor and used by Emergent Worlds LLC under the Operating License. Except where expressly stated otherwise, the restrictions in this section apply to both categories, and Emergent Worlds LLC can grant permission to use the Licensed Marks only to the extent the Operating License permits it to do so. Any use of the Licensed Marks beyond that scope requires the Licensor's authorization.
The Emergent Worlds Marks and Licensed Marks may only be used: (1) in connection with the activities listed as acceptable in this Agreement; AND (2) when the applicable Emergent Worlds policy associated with that activity specifically references your right to use those marks pursuant to this policy. For instance, the fan site, community eSports tournament and custom maps policies all permit the use of Emergent Worlds Marks pursuant to this policy.
- You may use the Emergent Worlds Marks only for non-commercial purposes, except as permitted by the applicable policy.
- The Emergent Worlds Marks may only be used in connection with high quality materials (e.g., websites, custom maps, etc.).
- Use the appropriate trademark symbol (TM, (R)) listed below the first time that an Emergent Worlds Mark appears in your material (e.g. "Emergent Worlds(TM)").
- You should provide credit to Emergent Worlds by using the credit lines associated with the Emergent Worlds Marks that you use (see below).
Do Not:
- Alter an Emergent Worlds logo other than to adjust the overall size of the logo;
- Modify or alter an Emergent Worlds Mark or logo or use them in a way that confuses Emergent Worlds or its games with another brand, game, or game developer/publisher;
- Use an Emergent Worlds Mark in a plural or possessive form;
- Use an Emergent Worlds Mark or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;
- Use an Emergent Worlds Mark in conjunction with your name or any other trademark or trade name, e.g. "BonBon's Legends of Aria Eternal";
- Use the Emergent Worlds Marks in a way that is deceptive, harmful, obscene or disparaging to others;
- Present or feature an Emergent Worlds Mark on websites containing content or advertising associated with pornography, gambling, or illegal activities;
- Use an Emergent Worlds Mark in the domain name of your website's URL;
- Apply for trademark registration of a product, service, etc., with a name that includes an Emergent Worlds Mark or, any variation thereof;
- Use an Emergent Worlds Mark in a manner that, in Emergent Worlds' sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortious, disparaging, abusive, or otherwise objectionable or inappropriate; and
- Use an Emergent Worlds Mark in any manner than implies a relationship with, sponsorship, or endorsement by Emergent Worlds, unless otherwise authorized by Emergent Worlds in writing.
DISCLAIMER
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE PLATFORM, SERVICES OR GAME AND RELATED SOFTWARE THEREIN, 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.
NO WARRANTIES
EMERGENT WORLDS AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE PLATFORM, SERVICES OR GAMES. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE PLATFORM OR GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, DISTURBANCE IN THE FORCE, HOSTILE DOMINATION BY UNKNOWN SENTIENT OR BORG LIFE FORMS, OR ANY BACTERIA, VIRUS, OR OTHER UNKNOWN INFECTION OR PATHOGEN THAT RESULTS IN ANY COMMUNICABLE DISEASE THAT CAUSES LIFE TERMINATION AND THE SUBSEQUENT REANIMATION OF BODILY FUNCTION ACCOMPANIED BY LIMITED BRAIN ACTIVITY, AS WELL AS AN INSATIABLE URGE FOR HUMAN FLESH). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED DISEASE), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAMES.
LIMITATION OF LIABILITY
YOUR USE AND PURCHASE OF THE PLATFORM AND GAMES 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 WE (INCLUDING OUR MEMBERS, MANAGERS, OFFICERS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR 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 PLATFORM OR GAMES. EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS PROVIDED UNDER THE STEAM REFUND POLICY, IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FROM EMERGENT WORLDS LLC FOR YOUR USE OF THE PLATFORM OR GAMES.
Limitations on These Exclusions
The exclusions and limitations of liability set out in the DISCLAIMER, NO WARRANTIES, and LIMITATION OF LIABILITY sections above, and elsewhere in this Agreement, apply to the maximum extent permitted by applicable law and govern all liabilities arising in contract, in tort (including negligence), and for breach of statutory duty. Nothing in this Agreement will:
- Limit or exclude our or your liability for death or personal injury resulting from negligence;
- Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- Limit any of our or your liabilities in any way that is not permitted under applicable law; or
- Exclude any of our or your liabilities that may not be excluded under applicable law.
To the extent that any portion of the Services is provided to you free of charge, we will not be liable for any loss or damage of any nature arising from that portion of the Services.
Term and Termination
Term. This Agreement is effective upon the earlier of your acceptance of it or your first installation, launch, or use of the Game, and shall remain in effect until it is terminated or superseded by a new or updated version of this EULA, or, if neither of the foregoing events occur, as long as you continue using our Services. In the event that Emergent Worlds LLC chooses to cease providing the Services, or license to a third party the right to provide the Services, Emergent Worlds LLC shall provide you with no less than thirty (30) days' prior notice. You acknowledge that Emergent Worlds LLC's ability to provide the Services depends on the Operating License remaining in effect, and that the expiration or termination of the Operating License for any reason will terminate this Agreement and your access to the Game. Emergent Worlds LLC will provide as much advance notice of any such event as it is permitted and able to give. Neither the Services nor Emergent Worlds' agreement to provide access to the Services shall be considered a rental or lease of time on the capacity of Emergent Worlds' servers or other technology.
Termination. You are entitled to terminate this Agreement at any time by notifying Emergent Worlds LLC by email at emergent.worlds@proton.me.
Emergent Worlds reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Emergent Worlds LLC may provide you with a prior warning and/or suspend your access to the Game due to your non-compliance prior to terminating the Agreement.
In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as digital cards, currency, weapons, armor, wearable items, skins, sprays, pets, mounts, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund from Emergent Worlds LLC for any amounts pre-paid prior to any termination of this Agreement. In addition, you will not be able to use the Services.
Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Informal Resolution First. Before initiating arbitration or any other proceeding, you agree to first attempt to resolve the dispute informally. You must send a written Notice of Dispute to emergent.worlds@proton.me that includes your name, an email address at which we can reach you, your Steam account identifier, a description of the nature and basis of your claim, and the specific relief you are seeking. Emergent Worlds LLC will send any Notice of Dispute to the last email address you provided to us. The parties agree to negotiate in good faith for sixty (60) days following receipt of the Notice. Completion of this informal process is a condition precedent to commencing arbitration, and any applicable limitations period is tolled while the process is pending.
Agreement to Arbitrate. If the dispute is not resolved within sixty (60) days after a Notice of Dispute is received, you and Emergent Worlds LLC agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, the Services, the Game, your access to the Game, or your relationship with Emergent Worlds LLC - whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the termination of this Agreement - shall be resolved exclusively by final and binding individual arbitration rather than in court. This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this Section.
Arbitration Rules and Forum. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, as modified by this Agreement. The AAA rules and filing instructions are available at adr.org. The arbitration shall be conducted by a single neutral arbitrator. The arbitration may proceed on the basis of written submissions, by telephone or videoconference, or in person; any in-person hearing shall take place in Florida or, at your election, in the county of your primary residence. The arbitrator may award any individual relief that a court could award, including declaratory or injunctive relief in favor of the individual party seeking it, and shall have exclusive authority to resolve any dispute concerning the interpretation, applicability, or enforceability of this arbitration agreement - except that a court, and not an arbitrator, shall decide any challenge to the enforceability of the Class Action Waiver below. The arbitrator shall issue a written award stating the essential findings and conclusions on which it is based, and judgment on the award may be entered in any court of competent jurisdiction.
Arbitration Fees. Payment of filing, administration, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules, which cap the portion payable by a consumer and allocate the remainder to the business.
Exceptions to Arbitration. Notwithstanding the foregoing: (a) either party may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies for that forum; (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property or proprietary rights, including without limitation claims arising from cheating, botting, unauthorized server emulation, reverse engineering, or circumvention of anti-cheat technology; and (c) this Section does not apply to the extent applicable law prohibits its enforcement. Without limiting clause (c), if you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction in which pre-dispute arbitration agreements or class action waivers are unenforceable against consumers, this Section does not deprive you of any mandatory statutory right, and you may bring claims in the courts of your place of residence.
Class Action Waiver. YOU AND EMERGENT WORLDS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise in writing, the arbitrator may not consolidate the claims of more than one person and may not otherwise preside over any form of class or representative proceeding. If a court determines that this Class Action Waiver is unenforceable as to any particular claim or request for relief, then that claim or request for relief - and only that claim or request for relief - shall be severed from the arbitration and brought in the state or federal courts located in Florida, and all remaining claims shall proceed in arbitration.
Waiver of Jury Trial. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND EMERGENT WORLDS LLC EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Thirty-Day Right to Opt Out. You may reject this arbitration agreement by sending written notice to emergent.worlds@proton.me within thirty (30) days after you first accept this Agreement, or, if you already had access to the Game before the Last Updated date shown above, within thirty (30) days after that date. Your notice must include your name, your Steam account identifier, an email address at which we can reach you, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Emergent Worlds LLC will be bound to arbitrate, and disputes will be resolved in the courts identified in the Venue provision below. Opting out has no effect on any other provision of this Agreement and will not affect your Account or your access to the Game.
Changes to This Section. If Emergent Worlds LLC makes a material change to this Section after the date you last accepted this Agreement, you may reject that change by sending written notice to the address above within thirty (30) days of the change, in which case the version of this Section in effect immediately before the change will continue to govern disputes between us.
Survival. This Section survives the termination of this Agreement and any suspension or termination of your access to the Game.
General
Governing Law. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Florida, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws.
Venue. Subject to the Dispute Resolution section above, you and Emergent Worlds LLC agree that the exclusive venue for any claim that is not subject to arbitration shall be the state or federal courts located in Florida, and each party consents to the personal jurisdiction of those courts and waives any objection based on inconvenient forum.
Embargos. Neither the Game nor Services may be used, re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Assignment. Emergent Worlds may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Emergent Worlds' prior written consent. Your assignment of this Agreement without Emergent Worlds' prior written consent shall be void.
No Waiver. Emergent Worlds' failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Emergent Worlds may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Force Majeure. Emergent Worlds shall not be deemed in default of this Agreement to the extent that performance of its obligations are delayed or prevented by reason of any act of God, disturbances in the Force, alien lifeform (e.g., Borg) invasion, any pandemic bacterial or viral infections leading to the reanimation of expired human remains, fire, natural disaster, accident, act of government, shortages of material or supplies, power outage, embargo, warfare, strike, or any other cause reasonably beyond Emergent Worlds' control.
Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
Entire Agreement. This EULA, along with Emergent Worlds' other applicable agreements contained herein, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
Survival. All provisions reasonably necessary to preserve any and all rights and available claims by Emergent Worlds survive termination of this Agreement for any reason.
Last updated August 5, 2026
Thank you for enjoying the games we create. In order to create a better player experience for our entire community, we require all of our players to carefully review and accept the following General Considerations and End User License Agreement. This not only helps us preserve a healthy and fun environment for all of our players, but it also allows us to continuously improve your player experience.
The Emergent Worlds LLC Privacy Policy is published at https://api.legendsofaria.com/legal/privacy and linked from our Steam store page. The Privacy Policy describes our data collection practices and your rights with respect to the data we collect. We provide it to you separately for two reasons: 1) it is not an agreement to which you must consent in order to enjoy our products-instead, the policy exists solely to communicate our practices and your rights with respect to those practices; and 2) your privacy rights are important to us and deserve your undivided attention. Please take the time to review our Privacy Policy.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN THE SECTION TITLED "DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER." THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. THEY REQUIRE THAT MOST DISPUTES BETWEEN YOU AND EMERGENT WORLDS LLC BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND THEY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO HAVE A JURY HEAR YOUR CLAIMS. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AS DESCRIBED IN THAT SECTION. PLEASE READ IT CAREFULLY.
General Considerations and Definitions
Emergent Worlds LLC does not operate a consumer website. The Game is distributed exclusively through Steam, and the Steam store page and Steam Community hub for the Game (together, the "Steam Store Page") serve as our storefront and primary point of contact for the Game.
For purposes of this Agreement, "Community Channels" means the Steam Store Page together with our official Discord server and our official social media pages and accounts (e.g., X/Twitter, Facebook, YouTube). Where this Agreement refers to materials we publish, post, or make available, it refers to materials published through the Community Channels.
The term "Game" or "Games" means our interactive entertainment products, namely and including but not limited to "Legends of Aria Eternal", including the game client and all versions thereof across all consoles and playable platforms, and also refers to all expansions, updates, and game keys for digital download, as well as all content and intellectual property embodied therein.
"Intellectual Property" means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as "intellectual property rights" or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devises, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.
"Platform" refers collectively, and at times individually, to (1) the Game as distributed, installed, patched, updated, and launched through the Steam platform operated by Valve Corporation ("Steam"), (2) the online game services, game servers, and account systems Emergent Worlds LLC makes available in connection with the Game, (3) each of the Games, (4) any authorized companion application Emergent Worlds LLC may make available in connection with the Game, and (5) all features and components of each of them. Emergent Worlds LLC does not operate a proprietary game launcher, downloader, or content delivery network; all distribution, patching, and client delivery for the Game occur exclusively through Steam. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE EMERGENT WORLDS PLATFORM.
"Services" mean all of the products and services offered by Emergent Worlds LLC, including but not limited to our Games and in-game purchases, the Community Channels, customer support, technical support, and all other means by which you interact with Emergent Worlds LLC and its products and services.
By downloading, purchasing, installing, or playing the Game(s), or by participating in our Community Channels, you hereby accept the End User License Agreement contained herein (the "Agreement") in full. Do not continue to use the Game(s) or the Community Channels if you do not accept all of the terms and conditions set forth below.
The following terminology applies to this Terms of Service and End User License Agreement, and any related agreements referenced herein: "End User", "You" and "Your" refers to you, the person accessing the Game or the Community Channels and accepting the Company's terms and conditions. "The Company", "Emergent Worlds", "Ourselves", "We", "Our" and "Us", refers to our company, Emergent Worlds LLC. "Party", "Parties", or "Us", refers to both the End User and ourselves, or either the End User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the End User's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, United States and applicable international Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
End User License Agreement
Steam Account and Access
Access to the Game requires a valid Steam account in good standing. Your use of Steam is governed by the Steam Subscriber Agreement and other Valve policies, which are separate agreements between you and Valve Corporation. Emergent Worlds LLC neither controls nor is responsible for Steam, Valve's services, or Valve's policies.
Emergent Worlds LLC does not operate its own account system. There is no separate registration, username, or password held by us, and we will never ask you for your Steam password for any reason. Your Steam account identifier is what we use to recognize you, and your characters, game progress, entitlements, and in-game purchases are associated with it. Those characters, that progress, and those entitlements are licensed to you under this Agreement and remain subject to it; they may not be transferred to any other Steam account.
Because access depends on Steam, loss of access to your Steam account - whether through Valve's action, your own action, or otherwise - may end your ability to play, and Emergent Worlds LLC cannot restore access in that circumstance.
Emergent Worlds retains the right to monitor and/or record your communications when you use our Platform, and you acknowledge and agree that when you use our Services, you have no expectation that your communications will be private. Emergent Worlds shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Emergent Worlds policy; (c) to protect Emergent Worlds' legal rights and remedies; (d) to protect the health or safety of anyone that Emergent Worlds believes may be threatened; or (e) to report a crime or other offensive behavior.
Your use of the Platform and Services and your ability to access the Game or communicate with other players is governed by this End User License Agreement (the "EULA") and those in-game policies Emergent Worlds may from time to time deploy or enforce at its sole and exclusive discretion. The EULA is not meant to be exhaustive.
License
Ownership; Our Operating Rights. Emergent Worlds LLC does not own the Legends of Aria intellectual property. The Game and the Intellectual Property embodied in and derived from it - including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, game code, artwork, audio, and audiovisual works - are owned by a third party from which Emergent Worlds LLC licenses them (the "Licensor"). Emergent Worlds LLC operates, hosts, maintains, updates, and distributes the Game pursuant to a license granted to it by the Licensor (the "Operating License").
Subject to the Licensor's underlying rights, Emergent Worlds LLC reserves all right, title, and interest in and to the materials it independently creates in connection with the Services, including its server-side systems, operational tooling, live-service infrastructure, and any original content it authors (collectively, "Operator Materials").
The rights granted to you under this Agreement are a sublicense granted by Emergent Worlds LLC to the extent - and only to the extent - that the Operating License authorizes Emergent Worlds LLC to grant them. Nothing in this Agreement grants you any right, title, or interest in the Licensor's Intellectual Property beyond the limited sublicense described below. Nothing in this Agreement constitutes a waiver, assignment, transfer, or limitation of any right held by the Licensor, and the Licensor retains all rights not expressly sublicensed here. If any provision of this Agreement purports to grant rights exceeding those available to Emergent Worlds LLC under the Operating License, that provision shall be read to grant only the rights actually available.
We prohibit the copying, reproduction, and circumvention of technology of the Platform, Services, or Games beyond the terms of this license. The Games and any technology embodied therein are licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Platform, Services and Games is contingent upon your compliance with this Agreement and the License Terms set forth below.
License Terms
If you accept and comply with the terms of this Agreement, Emergent Worlds LLC will grant, and you will receive, a limited, revocable, non-sublicensable, non-transferable, and non-exclusive sublicense to use the Platform, subject to the "License Limitations" set forth below and to the scope of the Operating License, as follows:
- You may install and run the Game through Steam on one or more computers under your legitimate control, subject to Steam's terms and any device or concurrency limits Steam imposes.
- You may use the Platform for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
- You may not transfer your rights and obligations to use the Platform.
- The Game is distributed exclusively in digital form through Steam. We do not distribute the Game on physical media, and Emergent Worlds LLC does not recognize any purported transfer, resale, or assignment of the Game or of your license to it.
In all such cases and for any rights granted herein by Emergent Worlds, the following limitations apply:
- You represent that you are an adult in your country of residence, or that you are at least thirteen (13) years of age if you reside in the United States. You agree to this End User License Agreement on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you (however, please review our Privacy Policy if you are a parent or guardian prior to allowing any child to play our Games);
- Except as otherwise set forth under this license, 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 Platform, Services, or Game. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Platform, Services or 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 Platform, Services or Game;
- You must comply with the terms of this Agreement. Any breach substantial enough to cause harm to Emergent Worlds or a third party may be accompanied by the application of any and all legal rights and claims reserved by us herein;
- Absent a valid distribution Agreement between you and Emergent Worlds, you may not commercially exploit or otherwise make the Platform or 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 Platform or stand-alone Game products. 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 us or our distributors. For the sake of clarity, "commercially exploit" as used herein includes offers to perform in-Game services for other End Users in exchange for payment outside of the Game;
- You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Platform, Services, or in-Game experience;
- You may not use any unauthorized third-party software that intercepts, "mines," or otherwise collects information from or through the Platform, Services or Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces;
- You may not modify or cause to be modified any files that are a part of the Platform, Services or Game in any way not expressly authorized by us;
- You may not provide or develop matchmaking services for the Platform or Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
- You may not facilitate, create or maintain any unauthorized connection to the Platform, Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by us;
- You may not violate any applicable law or regulation in connection with your use of the Platform, Services, or Game; and disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server"); or (ii) any other End User's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PLATFORM OR GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Modding
We may make available, or have others make available, modding tools, engine tools, or other routines and operations allowing for player modification of the Game (herein the "Software Development Kit" or "SDK"). These tools are considered proprietary assets of the Platform and are in and of themselves subject to the same licensing restrictions set forth in this Agreement. Any permission granted in this section is granted only to the extent the Operating License authorizes Emergent Worlds LLC to grant it, and is subject to the following: Players may use the SDK or other modding tools made available by us or authorized by us solely for the purpose of creating non-commercial modifications to and derivative works of the Game. Unless otherwise provided in this EULA, you may use the SDK and modding tools for non-commercial purposes, and solely to develop modifications to the Game compatible with the lawfully purchased and licensed original source engine of the Game ("Mod"), or to create derivative works of the Game's content (such as new levels, in-game items, skins, and audio-visual inclusions) that are also solely compatible with a legally purchased and licensed version of the original Game ("Derivative Works"). Except as otherwise set forth in this License, you may (i) reproduce and distribute the Mods and in object code form solely to licensed end users of the Game, and (ii) reproduce and distribute Derivative Works in object code form, solely to licensed end users of the Game. Any distribution of either Mods or Derivative Works is wholly contingent upon the releases being available to players without charge and on a non-commercial basis. You are prohibited from reproducing or distributing the modified version of the Game-you may only distribute the object code of the Mods or Derivative Works. It is understood that Mods or Derivative Works of the Game may only be distributed on a non-commercial basis, and in no event are you authorized to commercialize the same absent the express written consent of Emergent Worlds LLC and, where the Operating License so requires, of the Licensor.
User Comments and Feedback
Our Community offers various opportunities to interact and share your opinions and thoughts with us and other End Users in Game or through the Community Channels, including the Steam Store Page, Discord, and our social media accounts. However, please note that the opinions or views expressed, or statements made to the Community (other than by Emergent Worlds' employees, officers, or verified community leaders) via posts, user comments, feedback, "wiki" entries, online chat (in Game or via Discord or comparable social media outlets), or via the communication features of the Game (collectively referred to herein as "User Comments"), do not reflect the opinions or views of Emergent Worlds.
We do not review, edit or modify User Comments prior to their publication to the Community. However, we reserve the right to remove or modify any User Comments shared with the Community for any reason. By sharing User Comments and accepting the terms of this Agreement, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments through the Community Channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with the promotion of the Game.
We appreciate any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the Game or the Community Channels ("Feedback"). However, we cannot guarantee that the Feedback you provide has not already occurred to us. By submitting Feedback to us, you hereby assign all right, title, and interest in and to the Feedback to Emergent Worlds LLC and, to the extent the Operating License so requires, to the Licensor, including but not limited to Intellectual Property rights. To the extent that any such rights cannot be assigned under applicable US or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback.
User Generated Content
We encourage our End Users to create and share your mods, fan art, fan fiction, video montages, Let's Play videos, and other creative content with our Community (herein "User Generated Content"). We also encourage streaming and recording your gameplay and sharing it with the community or through social media video streaming services such as YouTube.com or Twitch.tv-for the purpose of these Agreements, we also consider your streams and videos containing our Game "User Generated Content".
We want you to create and express yourself freely, and you retain all rights in and to your User Generated Content. By sharing your User Generated Content with the Community, you grant Emergent Worlds LLC and the Licensor an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute your User Generated Content solely in connection with our Games.
However, User Generated Content shared with the Community must comply with this Agreement. Failure to comply with any of the terms contained herein may result in the termination of your access to the Game and whatever other legal remedies may be available to us, including issuing take downs to the appropriate service providers due to the breach of the licenses and rights granted to you herein.
Because "Legends of Aria Eternal" includes chat functionality, it is important that you comply with this Agreement when linking or sharing any User Generated Content. The Privacy Policy is also important in connection with User Generated Content, as we may collect, store, and share your User Generated Content pursuant to that policy.
Copyright Complaints
If you believe that content in the Game or in our Community Channels infringes your copyright or other rights, contact us at emergent.worlds@proton.me with enough detail to identify the work and where it appears, and we will investigate and remove material where appropriate.
In Game Purchases
Virtual Goods. You may purchase virtual items and, if available, virtual currency in connection with the Game if you have a valid Steam account in good standing (the "Virtual Storefront"). The Virtual Storefront allows you to pay for a license of various in-game virtual items through the Service. All purchases of virtual items are processed through Steam by Valve Corporation, and you may acquire virtual goods through purchase via Steam, by redeeming a valid code, or through gameplay and your use of the Service. Emergent Worlds has the right to, and may limit the amount of virtual items you can purchase or hold at any given time. We may also provide you with virtual items as a part of a promotion, or through other means, such as for completing certain quests or achievements through your participation in the Service or Emergent Worlds-sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition or use of, or access to virtual items. You are solely responsible for verifying that the correct amount and type of virtual items have been added to or deducted from your in-game balance for each virtual good transaction. EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS PROVIDED UNDER THE STEAM REFUND POLICY, ALL PURCHASES ARE FINAL, and Emergent Worlds LLC does not itself provide refunds for virtual good transactions. Because all purchases are processed by Valve through Steam, refund requests are governed by the Steam Refund Policy and must be submitted to Valve. Notwithstanding the foregoing, you may contact Emergent Worlds to apply an in game credit or to cure any material deficiencies in the Game Asset(s), provided you are able to verify that the Game Asset(s) you purchased were not delivered, accessible, or otherwise unavailable due to a bug or error in the Game Asset(s) or the Game itself, and provided such deficiency is caused by Emergent Worlds.
Game Assets; Prohibition on Out of Service Exchange. You hereby acknowledge and agree that you have no claim, right, title, proprietary or ownership interest in any of the virtual goods, virtual currencies or other in game asset or purchase ("Game Asset(s)") regardless of any consideration offered or paid in exchange for those game assets; and Emergent Worlds shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking of or any other damage or loss of any kind caused to any of the Game Assets, including, but not limited to, deletion of game assets upon the termination or expiration of your account.
You may obtain certain Game Assets through gameplay or through using virtual items. Some Game Assets you obtain may have expiration dates, and they will no longer appear in your inventory upon the expiration date. You acknowledge and agree that Emergent Worlds may change, modify, "nerf," delete, remove or otherwise alter the appearance, function, use and/or properties of any Game Assets at any time, in its sole discretion.
You agree that you will not buy, sell or trade, or offer to buy, sell or trade, any Game Assets, except that you may trade certain in-game items (e.g., houses, armor, weapons, consumables) for other in-game items and/or in-game currency in an in-game transaction expressly permitted by Emergent Worlds (e.g., an authorized transaction using an in-game auction house or Emergent Worlds-sanctioned in-game item trade between players). For the avoidance of doubt, and in no way limiting the foregoing, you are prohibited from offering for sale or purchasing any Game Assets (whether or not held by characters registered to you) outside of the Service, through a website, or any other medium, or exchanging Game Assets, whether inside or outside the Service, for anything of value outside the Service or in the real world.
Termination of Access (No Refunds). Emergent Worlds LLC reserves the right to reduce, liquidate, deactivate, suspend or terminate your Account and/or Game Assets (including, without limitation, virtual items, housing, characters and guild halls) or access thereto if we suspect, after investigation, that you have used any aspect of the Service to conduct any fraudulent or illegal activity. Except as required by applicable law or as provided under the Steam Refund Policy, in no event will you be entitled to a refund from Emergent Worlds LLC upon account termination or deactivation, regardless of the reason.
No Transfers or Sales. Your access to the Game is personal to you and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances.
Fees and Payment Processing. The Game and all in-game purchases are sold exclusively through Steam. Payment processing, currency conversion, and the collection and remittance of applicable sales, use, and value-added taxes are handled by Valve Corporation under the Steam Subscriber Agreement, and Emergent Worlds LLC does not operate its own payment processor or receive or store your payment card details. You agree to pay all fees and applicable taxes incurred by you or anyone using your Steam account. Emergent Worlds may revise the pricing for its Games and all in-game purchases at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or services or products by, Emergent Worlds, your access to the Game may be suspended or terminated without warning or notice at the sole discretion of Emergent Worlds LLC.
Third Party Software
Steam and Valve. The Game is distributed, installed, updated, and launched exclusively through Steam. Your relationship with Valve Corporation is governed by the Steam Subscriber Agreement and Valve's other policies, which are separate from this Agreement. Emergent Worlds LLC is not responsible for the availability, performance, security, or policies of Steam, and interruptions to Steam may prevent you from accessing the Game through no fault of ours. Where a term of this Agreement conflicts with a requirement Valve imposes on Emergent Worlds LLC as a Steam distributor, the Valve requirement controls as between you and Valve.
Anti-Cheat. Emergent Worlds LLC does not use third-party anti-cheat software, and nothing we distribute scans your device or monitors processes outside the Game. We do detect cheating, exploits, and automation through our own game servers, and we may suspend or terminate access in response. Attempting to circumvent those measures is a breach of this Agreement.
Emergent Worlds LLC may rely on third party licensors and software in connection with providing the Platform and Games, and your use of any such software is subject to the terms accompanying it.
Ownership and Independent Origin
All characters, events, and portrayals contained in the Platform, Services and Game(s) 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. Furthermore, we do not claim any right, obligation, or liability in and to User Generated Content or third-party content otherwise made available in the Game. The rights in and to any such third-party content remains with its respective owners. As set forth under "Ownership; Our Operating Rights" above, the Legends of Aria Intellectual Property is owned by the Licensor and not by Emergent Worlds LLC, and nothing in this section shall be construed to the contrary.
Trademarks
The trademarks used in connection with the Game fall into two categories. The "Emergent Worlds Marks" are the trademarks, service marks, and logos owned by Emergent Worlds LLC. The "Licensed Marks" are the Legends of Aria trademarks, service marks, and logos, which are owned by the Licensor and used by Emergent Worlds LLC under the Operating License. Except where expressly stated otherwise, the restrictions in this section apply to both categories, and Emergent Worlds LLC can grant permission to use the Licensed Marks only to the extent the Operating License permits it to do so. Any use of the Licensed Marks beyond that scope requires the Licensor's authorization.
The Emergent Worlds Marks and Licensed Marks may only be used: (1) in connection with the activities listed as acceptable in this Agreement; AND (2) when the applicable Emergent Worlds policy associated with that activity specifically references your right to use those marks pursuant to this policy. For instance, the fan site, community eSports tournament and custom maps policies all permit the use of Emergent Worlds Marks pursuant to this policy.
- You may use the Emergent Worlds Marks only for non-commercial purposes, except as permitted by the applicable policy.
- The Emergent Worlds Marks may only be used in connection with high quality materials (e.g., websites, custom maps, etc.).
- Use the appropriate trademark symbol (TM, (R)) listed below the first time that an Emergent Worlds Mark appears in your material (e.g. "Emergent Worlds(TM)").
- You should provide credit to Emergent Worlds by using the credit lines associated with the Emergent Worlds Marks that you use (see below).
Do Not:
- Alter an Emergent Worlds logo other than to adjust the overall size of the logo;
- Modify or alter an Emergent Worlds Mark or logo or use them in a way that confuses Emergent Worlds or its games with another brand, game, or game developer/publisher;
- Use an Emergent Worlds Mark in a plural or possessive form;
- Use an Emergent Worlds Mark or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;
- Use an Emergent Worlds Mark in conjunction with your name or any other trademark or trade name, e.g. "BonBon's Legends of Aria Eternal";
- Use the Emergent Worlds Marks in a way that is deceptive, harmful, obscene or disparaging to others;
- Present or feature an Emergent Worlds Mark on websites containing content or advertising associated with pornography, gambling, or illegal activities;
- Use an Emergent Worlds Mark in the domain name of your website's URL;
- Apply for trademark registration of a product, service, etc., with a name that includes an Emergent Worlds Mark or, any variation thereof;
- Use an Emergent Worlds Mark in a manner that, in Emergent Worlds' sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortious, disparaging, abusive, or otherwise objectionable or inappropriate; and
- Use an Emergent Worlds Mark in any manner than implies a relationship with, sponsorship, or endorsement by Emergent Worlds, unless otherwise authorized by Emergent Worlds in writing.
DISCLAIMER
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE PLATFORM, SERVICES OR GAME AND RELATED SOFTWARE THEREIN, 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.
NO WARRANTIES
EMERGENT WORLDS AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE PLATFORM, SERVICES OR GAMES. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE PLATFORM OR GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, DISTURBANCE IN THE FORCE, HOSTILE DOMINATION BY UNKNOWN SENTIENT OR BORG LIFE FORMS, OR ANY BACTERIA, VIRUS, OR OTHER UNKNOWN INFECTION OR PATHOGEN THAT RESULTS IN ANY COMMUNICABLE DISEASE THAT CAUSES LIFE TERMINATION AND THE SUBSEQUENT REANIMATION OF BODILY FUNCTION ACCOMPANIED BY LIMITED BRAIN ACTIVITY, AS WELL AS AN INSATIABLE URGE FOR HUMAN FLESH). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED DISEASE), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAMES.
LIMITATION OF LIABILITY
YOUR USE AND PURCHASE OF THE PLATFORM AND GAMES 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 WE (INCLUDING OUR MEMBERS, MANAGERS, OFFICERS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR 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 PLATFORM OR GAMES. EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS PROVIDED UNDER THE STEAM REFUND POLICY, IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FROM EMERGENT WORLDS LLC FOR YOUR USE OF THE PLATFORM OR GAMES.
Limitations on These Exclusions
The exclusions and limitations of liability set out in the DISCLAIMER, NO WARRANTIES, and LIMITATION OF LIABILITY sections above, and elsewhere in this Agreement, apply to the maximum extent permitted by applicable law and govern all liabilities arising in contract, in tort (including negligence), and for breach of statutory duty. Nothing in this Agreement will:
- Limit or exclude our or your liability for death or personal injury resulting from negligence;
- Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- Limit any of our or your liabilities in any way that is not permitted under applicable law; or
- Exclude any of our or your liabilities that may not be excluded under applicable law.
To the extent that any portion of the Services is provided to you free of charge, we will not be liable for any loss or damage of any nature arising from that portion of the Services.
Term and Termination
Term. This Agreement is effective upon the earlier of your acceptance of it or your first installation, launch, or use of the Game, and shall remain in effect until it is terminated or superseded by a new or updated version of this EULA, or, if neither of the foregoing events occur, as long as you continue using our Services. In the event that Emergent Worlds LLC chooses to cease providing the Services, or license to a third party the right to provide the Services, Emergent Worlds LLC shall provide you with no less than thirty (30) days' prior notice. You acknowledge that Emergent Worlds LLC's ability to provide the Services depends on the Operating License remaining in effect, and that the expiration or termination of the Operating License for any reason will terminate this Agreement and your access to the Game. Emergent Worlds LLC will provide as much advance notice of any such event as it is permitted and able to give. Neither the Services nor Emergent Worlds' agreement to provide access to the Services shall be considered a rental or lease of time on the capacity of Emergent Worlds' servers or other technology.
Termination. You are entitled to terminate this Agreement at any time by notifying Emergent Worlds LLC by email at emergent.worlds@proton.me.
Emergent Worlds reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Emergent Worlds LLC may provide you with a prior warning and/or suspend your access to the Game due to your non-compliance prior to terminating the Agreement.
In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as digital cards, currency, weapons, armor, wearable items, skins, sprays, pets, mounts, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund from Emergent Worlds LLC for any amounts pre-paid prior to any termination of this Agreement. In addition, you will not be able to use the Services.
Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Informal Resolution First. Before initiating arbitration or any other proceeding, you agree to first attempt to resolve the dispute informally. You must send a written Notice of Dispute to emergent.worlds@proton.me that includes your name, an email address at which we can reach you, your Steam account identifier, a description of the nature and basis of your claim, and the specific relief you are seeking. Emergent Worlds LLC will send any Notice of Dispute to the last email address you provided to us. The parties agree to negotiate in good faith for sixty (60) days following receipt of the Notice. Completion of this informal process is a condition precedent to commencing arbitration, and any applicable limitations period is tolled while the process is pending.
Agreement to Arbitrate. If the dispute is not resolved within sixty (60) days after a Notice of Dispute is received, you and Emergent Worlds LLC agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, the Services, the Game, your access to the Game, or your relationship with Emergent Worlds LLC - whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the termination of this Agreement - shall be resolved exclusively by final and binding individual arbitration rather than in court. This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this Section.
Arbitration Rules and Forum. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, as modified by this Agreement. The AAA rules and filing instructions are available at adr.org. The arbitration shall be conducted by a single neutral arbitrator. The arbitration may proceed on the basis of written submissions, by telephone or videoconference, or in person; any in-person hearing shall take place in Florida or, at your election, in the county of your primary residence. The arbitrator may award any individual relief that a court could award, including declaratory or injunctive relief in favor of the individual party seeking it, and shall have exclusive authority to resolve any dispute concerning the interpretation, applicability, or enforceability of this arbitration agreement - except that a court, and not an arbitrator, shall decide any challenge to the enforceability of the Class Action Waiver below. The arbitrator shall issue a written award stating the essential findings and conclusions on which it is based, and judgment on the award may be entered in any court of competent jurisdiction.
Arbitration Fees. Payment of filing, administration, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules, which cap the portion payable by a consumer and allocate the remainder to the business.
Exceptions to Arbitration. Notwithstanding the foregoing: (a) either party may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies for that forum; (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property or proprietary rights, including without limitation claims arising from cheating, botting, unauthorized server emulation, reverse engineering, or circumvention of anti-cheat technology; and (c) this Section does not apply to the extent applicable law prohibits its enforcement. Without limiting clause (c), if you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction in which pre-dispute arbitration agreements or class action waivers are unenforceable against consumers, this Section does not deprive you of any mandatory statutory right, and you may bring claims in the courts of your place of residence.
Class Action Waiver. YOU AND EMERGENT WORLDS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise in writing, the arbitrator may not consolidate the claims of more than one person and may not otherwise preside over any form of class or representative proceeding. If a court determines that this Class Action Waiver is unenforceable as to any particular claim or request for relief, then that claim or request for relief - and only that claim or request for relief - shall be severed from the arbitration and brought in the state or federal courts located in Florida, and all remaining claims shall proceed in arbitration.
Waiver of Jury Trial. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND EMERGENT WORLDS LLC EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Thirty-Day Right to Opt Out. You may reject this arbitration agreement by sending written notice to emergent.worlds@proton.me within thirty (30) days after you first accept this Agreement, or, if you already had access to the Game before the Last Updated date shown above, within thirty (30) days after that date. Your notice must include your name, your Steam account identifier, an email address at which we can reach you, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Emergent Worlds LLC will be bound to arbitrate, and disputes will be resolved in the courts identified in the Venue provision below. Opting out has no effect on any other provision of this Agreement and will not affect your Account or your access to the Game.
Changes to This Section. If Emergent Worlds LLC makes a material change to this Section after the date you last accepted this Agreement, you may reject that change by sending written notice to the address above within thirty (30) days of the change, in which case the version of this Section in effect immediately before the change will continue to govern disputes between us.
Survival. This Section survives the termination of this Agreement and any suspension or termination of your access to the Game.
General
Governing Law. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Florida, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws.
Venue. Subject to the Dispute Resolution section above, you and Emergent Worlds LLC agree that the exclusive venue for any claim that is not subject to arbitration shall be the state or federal courts located in Florida, and each party consents to the personal jurisdiction of those courts and waives any objection based on inconvenient forum.
Embargos. Neither the Game nor Services may be used, re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Assignment. Emergent Worlds may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Emergent Worlds' prior written consent. Your assignment of this Agreement without Emergent Worlds' prior written consent shall be void.
No Waiver. Emergent Worlds' failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Emergent Worlds may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Force Majeure. Emergent Worlds shall not be deemed in default of this Agreement to the extent that performance of its obligations are delayed or prevented by reason of any act of God, disturbances in the Force, alien lifeform (e.g., Borg) invasion, any pandemic bacterial or viral infections leading to the reanimation of expired human remains, fire, natural disaster, accident, act of government, shortages of material or supplies, power outage, embargo, warfare, strike, or any other cause reasonably beyond Emergent Worlds' control.
Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
Entire Agreement. This EULA, along with Emergent Worlds' other applicable agreements contained herein, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
Survival. All provisions reasonably necessary to preserve any and all rights and available claims by Emergent Worlds survive termination of this Agreement for any reason.