| "Archeage End User License Agreement (EULA)" - Posting because it was buried everywhere else after the lawsuit. This is the one you currently accept when playing the game as of 4/16/2020 Posted: 16 Apr 2020 10:36 AM PDT TRION WORLDS ARCHEAGE® END USER LICENSE AGREEMENT IMPORTANT! THIS AGREEMENT CONTAINS CONTRACTUAL TERMS AND DISPUTE RESOLUTION PROCEDURES. PLEASE READ CAREFULLY. The ArcheAge End User License Agreement, together with the Trion's Terms of Use and Contractual Agreement, which you agreed to be bound by when you registered for your Trion Account (as defined in Section 1), incorporated by reference herein (collectively, the "Agreement"), is an agreement between you and Trion Worlds, Inc. ("Trion"). The Agreement governs your use of the Software Program, including, without limitation, any and all files that are delivered to you by Trion to "patch," update or otherwise modify the Software Program, and any and all copies and derivative works of such Software Program (collectively, the "Game Client"). This software is licensed, not sold. Your installation, copying or other use of the Game Client for the massively multiplayer online game entitled ArcheAge (individually, and collectively with the Game Client,the "Game"), is subject to the terms of this ArcheAge End User License Agreement, which you agree to be bound by when you click "Accept" during Game Registration, and to the Trion Terms of Use and Contractual Agreement. If you do not agree to the terms of this ArcheAge End User License Agreement, you are not permitted to install, copy or use the Game. If you have any questions regarding these terms and conditions, or your agreement, please contact Trion customer service by visiting https://support.trionworlds.com. You must register for an Account (as defined in Section 1). While the Game and many Game features are free of charge, certain aspects of the Game, such as virtual currency, including wealth ("Virtual Currency") or digital items ("Virtual Goods" collectively, "Virtual Items"), downloadable content and/or a recurring access plan (each a "Subscription") (and, collectively with Virtual Items and downloadable content, "Premium Content") are available for fee or other charge. The Game (including any Premium Content) is distributed solely for use by authorized end users according to the terms of this Agreement. Any use, reproduction, modification or distribution of the Game or Premium Content not expressly authorized by the terms of this Agreement is expressly prohibited. Requirements. To play the Game, you must (a) download a valid copy of the Game Client, (b) have at least the minimum system requirements to operate the Game and an Internet connection (both of which Trion does not provide) to access the Game, and (c) register an account with Trion (an "Account"). Upon registration of your Account, you must select a password. You may not disclose your password to any third party. Trion will never ask you for your password by telephone, in-game communication, live-chat or email, and you should not disclose it if someone asks you to do so. Although Trion may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that by using this feature third parties may be able to access your computer and thus your Account. Authorized End Users. Game Clients and Accounts are available only to adults or, in their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their minor child. Corporations and other entities are not eligible to procure Accounts. Grant of a Limited Use License. Subject to your agreement to and continuing compliance with the terms of this ArcheAge End User License Agreement and Trion's Terms of Use and Contractual Agreement, Trion hereby grants to you a limited, non-exclusive, non-transferable (except as specifically set forth herein), revocable license to a) install the Game Client on one or more computers owned by you or under your legitimate control, and b) use the Game Client solely in connection with playing the Game (including Premium Content, if any) for your non-commercial entertainment purposes only, with the sole exception that you may install the unmodified Game Client on an unlimited number of computers located at a bona fide cyber café or computer gaming center owned by you or under your legitimate control for use by end users with a registered Account. The Game Client may contain license management software that restricts your use of the Game Client Except for rights otherwise specifically granted herein, Trion and its licensors, as applicable, retain and reserve all rights in and to the Game Client and the Game (including any Premium Content therein). Additional License Limitations. You agree that you will not, under any circumstances: a. copy (except to make necessary back-up copies), distribute, sell, auction, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer all or any portion of the Game Client; b. copy any of the written, digital or electronic materials accompanying the Game Client unless Trion expressly permits you to do so in writing, and then only to the extent permitted; c. in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble or decompile the Game Client or create derivative works based on the Game except to the extent that this restriction is expressly prohibited by applicable law; d. use any software to modify the Game Client to change Game play in any way not expressly authorized by Trion; e. use any unauthorized third-party software that intercepts, "mines" or otherwise collects information from or through the Game or its related service, including without limitation any software that reads areas of random access memory (RAM) used by the Game to store information about a character or the game environment (an "Unauthorized Third Party Program"), provided, however, that Trion may, in its sole and absolute discretion, allow use of certain third party interfaces; f. create, facilitate, host, link to or provide any other means through which the Game may be played by others, such as through server emulators, or intercept, emulate or redirect the communication protocols used by Trion in any way, for any purpose, including without limitation, unauthorized play over the internet, network play or as part of content aggregation networks; g. decrypt or modify any data transmitted between client and server and you may not use, post, host or distribute macros, cheats, automation software ("bots"), hacks modifications ("mods") or other programs which would allow unattended game play or which otherwise impact game play; h. take any action which imposes an unreasonable or disproportionately large load on Trion's infrastructure; i. exploit the Game, Premium Content, or any of its parts, including, without limitation, the Game Client, for any commercial purpose not otherwise expressly set forth herein, including without limitation (a) for gathering in-game currency, items or resources for sale outside the Game; or (b) performing in-game services in exchange for payment or compensation outside the Game (e.g. power-leveling); or j. buy, sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) any Game Account, Premium Content, characters, items, coin or copyrighted material or any other intellectual property owned or controlled by Trion or its licensors without first obtaining Trion's express written permission. User Uploaded Content. As part of your Account, you can upload content to Trion's servers in various forms, such as in the selections you make for the Game (such as character name), in- game posts and chat, and in chat rooms and similar user-to-user areas (collectively, your "Content"). Your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, profane, obscene, child pornographic or harmful to minors; or (d) contain any viruses, trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You acknowledge and agree that Trion is a services provider and that the Game permits interaction between users online regarding topics and content chosen by users of the Game. You will not expect Trion to control the quality, morality, legality, truthfulness or accuracy of any user content within the Game or related services (such as voice or text chat, user board or website posts and so forth). As further discussed in Trion's Terms of Use and Contractual Agreement, under no circumstances will Trion be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained within the Game or related services. Trion may take any action with respect to your Content if Trion believes it may create liability for Trion or may cause Trion to lose (in whole or in part) the services of Trion's ISPs or other suppliers. You hereby grant to Trion a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all rights of any kind or nature associated with your Content (with or without attribution), including, without limitation, all intellectual property rights, and all ancillary and subsidiary rights thereto, in any languages and in any media now known or not currently known. Ownership. Trion and its suppliers shall retain all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to or residing in the Game Client, the Game and the Premium Content, all copies thereof, and all Game data in connection therewith (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation). The Game (including any Premium Content) is protected by the copyright laws of the United States, international treaties and conventions, and other laws. Except for the limited, revocable, and non-transferable license expressly granted under Section 3 above, you acknowledge and agree that you have not and will not acquire or obtain any intellectual property or other rights, including any right of exploitation, of any kind in or to the Game Client or the Game (including any Premium Content), including, without limitation, in any artwork, music, character(s), item(s), coin(s) or other material or property, and/or any compilation or copyrightable arrangement of any of the above (collectively, "Rights"), and that all such property, material, items, Content and Rights are exclusively owned by Trion, and Trion and/or its licensors may protect their rights in the event of any violation of this Agreement. Virtual Property. You agree that Trion retains the unfettered right to modify any and all aspects of the Game, Game Client, Premium Content, and all aspects of characters, items, points and coin, including ail Game-related Virtual Items. You may have the opportunity to use Virtual Currency, or actual money, to license a variety of Virtual Goods, as determined in Trion's sole discretion. Virtual Items may also be granted by Trion on a free, promotional or sale basis or, in certain circumstances, earned through gameplay. 7.1 Regardless of how acquired, Virtual Items are non-transferable to another person or Account unless otherwise specified, does not accrue interest, and is not insured by the Federal Deposit Insurance Corporation (FDIC). Except for a limited, revocable, non-transferable license to use the Virtual Items in the Game, you have no ownership right in or title to such Virtual Currency and/or Virtual Goods. Virtual Goods licensed with Virtual Currency will be available for use as soon as reasonably practicable. Trion makes no guarantee as to the nature, quality or value of the features of the Game that will be accessible through the use of the Virtual Currency and/or Virtual Goods. 7.2 You are solely responsible for verifying that the proper amount of Virtual Items have been added to or deducted from your Account during any given transaction. Please notify Trion immediately if you believe that a mistake has been made with respect to your Virtual Currency and/or Virtual Goods. 7.3 Trion has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Items as it sees fit in its sole discretion, and Trion shall have no liability to you or anyone for the exercise of such rights. Accordingly, price and availability of Virtual Items are subject to change without notice. You acknowledge that Trion can and will, in its discretion, modify features, functions or abilities of any element of the Game or Virtual Items (which may, among other things, make the Virtual Items substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). Trion may revise the pricing for the Virtual Items offered, including without limitation, subscription plans for such Virtual Items, at any time. 7.4 Trion may, as it deems necessary, in its sole and absolute discretion, limit the total amount of Virtual Items that may be purchased at any one time, and/or limit the total amount of Virtual Items that may be held in your Account in the aggregate. 7.5 Buying, selling and/or otherwise transferring Virtual Items outside of the Game is strictly prohibited. Virtual Items may have an expiration date, and expiring Virtual Currency, if any, shall be exhausted prior to utilization of non-expiring Virtual Currency. Free and/or promotional Virtual Items offered by Trion may be expired at Trion's sole and absolute discretion at any time. YOU ACKNOWLEDGE AND AGREE THAT THE VIRTUAL ITEMS YOU ACQUIRE HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR MONEY, GOODS, OR OTHER ITEMS OF MONETARY VALUE. NO REFUNDS WILL BE MADE FOR THE PURCHASE OF VIRTUAL CURRENCY AND/OR VIRTUAL GOODS. YOU AGREE THAT TRION IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY. No refunds will be made for purchases of Virtual Goods that are downloadable. Downloaded products or product registration codes purchased to activate or unlock downloaded software (including any Game- related Virtual Item(s)) are non-refundable at any time. 7.6 In the event that your account is terminated or suspended for any reason, in Trion's sole and absolute discretion, or if Trion discontinues offering the Game, you forfeit any and all Virtual Currency and/or Virtual Goods. Trion has no liability for "hacking" or loss of your Virtual Currency or Virtual Goods from your Account, provided Trion uses reasonable efforts to replace such items under certain circumstances in its reasonable discretion. You promise, therefore, that you will never assert or bring any claim or suit against Trion and its affiliates, directors, officers, employees, agents and representatives, which is related to or based on a claim (i) for the "value" of Virtual Items if Trion deletes them (and/or terminates your Trion Account(s)), (ii) for the "value" of Virtual Items that you may lose if Trion does anything that it is entitled to do pursuant to any provision of this Agreement, its Terms of Use and Contractual Agreement, Privacy Policy and/or Code of Conduct, or for any malfunctions and/or "bugs" in the Game, and/or (iii) that the "value" of any Virtual Items has increased or decreased by virtue of any game modification that Trion has made or will make. 7.7 If you leave a balance of Virtual Currency unused for a period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if your account is closed, whether voluntarily or involuntarily, Trion may process your Virtual Currency balance in accordance with its legal obligations, including by submitting funds associated with your Virtual Currency balance to the appropriate governing body where required by law. Fee and Billing Policy. Trion's fees and billing procedures are described in its Terms of Use and Contractual Agreement and through its online store, which are incorporated by reference and are subject to change at any time. The Game is free-to-play and can be enjoyed without making additional purchases. However, the Game will also offer an in-game shop for users who wish to purchase Virtual Items. In the event that you choose to purchase a Subscription and/or Virtual Item(s), all fees are pre-paid and non-refundable (in whole or in part). All fees are stated in U.S. Dollars unless otherwise specified. Upon your acceptance of this Agreement and your purchase, Trion has the right to automatically charge your credit card or other selected payment method the applicable fee plus any applicable taxes Trion is required to collect, and you authorize Trion to do so. Thereafter, each time your Subscription comes up for renewal, Trion has the right to automatically charge your credit card or other selected payment method the then-current renewal rate plus any applicable taxes Trion is required to collect, and you authorize Trion to do so. If Trion is unable to process your credit card at a renewal period, your Subscription may be immediately terminated. Trion may sell a Game-branded pre-paid or stored value cards (a "Game Card") for the purchase of Premium Content. To the extent applicable, if you use a Game Card to pay for your Subscription, the Game Card shall activate your Subscription for the period stated on the Game Card and, thereafter, you will either need to provide a valid payment method (in which case such payment method will subsequently be charged as referenced above) or purchase another Game Card for subsequent subscription periods. The full value of any promotional code, activation code, Virtual Good or Game Card(s) will be permanently consumed at the time of redemption and the resulting Game or Virtual Items will be subject to this Agreement and the policies applicable to the product in which the resulting Game or Virtual Items are redeemed or converted. You may terminate your Account at any time by contacting Customer Service at https://support.trionworlds.com. If you terminate your Account during any Subscription cycle, your Account will be closed at the end of the then-current cycle. Trion does not give full or partial refunds for Subscriptions that you have purchased. Additional Fees. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those Trion is not required to collect) and for all hardware, software, service and other costs you incur to access your Account. Neither this Agreement nor your Account entitles you to any subsequent releases of the Game, Game Client, Premium Content, nor to any expansion packs or similar ancillary products, without paying applicable charges. You understand that Trion may update or otherwise enhance the Game, Game Client and Premium Content at any time, and in doing so, incur no obligation to furnish such updates to you pursuant to this Agreement. You understand that online games evolve over time and, accordingly, system requirements to play the Game may change over time. Consent to Monitor. Trion cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, Trion may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, Trion can (and you authorize Trion to) disclose any information about you to private entities, law enforcement or other government officials as Trion, in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries. You agree that Trion may communicate with you via telephone, email and any similar technology for any purpose relating to the Game, the Game Client, Premium Content, and any services or software which may in the future be provided by Trion or on its behalf. You expressly permit Trion to upload CPU, operating system, video card, sound card and memory information from your computer to analyze and optimize your Game experience, improve and maintain the Game and/or provide you with customer service. In the event that the Game detects an Unauthorized Third Party Program, (a) the Game may communicate information back to Trion, including without limitation your Account username, details about the Unauthorized Third Party Program detected and the activities or functions performed thereby, and/or (b) Trion may exercise any or all of its rights and remedies under this Agreement or its Terms of Use and Contractual Agreement without prior notice to the user(s) linked to such Unauthorized Third Party Program. Furthermore, if you request any technical support, you consent to Trion remote accessing and review of the computer you load the Game Client onto for purposes of support and debugging. You may choose to visit www.archeagegame.com, www.trionworlds.com, or other Trion web sites if such web sites offer services such as Game- themed forums or other services of interest to you. You are subject to the terms and conditions, privacy customs and policies of Trion while on such web sites and in connection with use of your Account and the Game, which terms and conditions, policies and customs are incorporated herein by this reference. Since Trion does not control other web sites and/or privacy policies of third parties, different rules may apply to their use or disclosure of the personal information you disclose to others. Solely for the purpose of patching and updating the Game and/or Game Client and ensuring the integrity of the Game, you hereby grant Trion permission to (i) upload Game- related file information and data from the Game directory and (ii) download Game files to you, You acknowledge that any and all character data is stored and is resident on Trion's servers, and any and all communications that you make within the Game (including, but not limited to, messages solely directed at another player or group of players) traverse through its servers, may or may not be monitored by Trion or its agents, you have no expectation of privacy in any such communications and expressly consent to such monitoring of communications you send and receive. You acknowledge and agree that Trion may transfer Game and Account information (including your personally identifiable information and personal data) to the United States or other countries or may share such information with Trion's licensees and agents in connection with the Game. Termination. This Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) by contacting Customer Service at https://support.trionworlds.com; (ii) removing the Game Client from your hard disk drive; and (iii) permanently destroying all copies of the Game in your possession or control. Trion may terminate this Agreement (including your Game license and your Account) and/or suspend your Account immediately and without notice: (i) if you violate any provision of this Agreement; (ii) infringe any third party intellectual property rights; (iii) if Trion is unable to verify or authenticate any information you provide to it; (iv) upon game play, chat or any player activity whatsoever which Trion, in its sole discretion, determine is inappropriate and/or in violation of the spirit of the Game; (v) upon any violation of the Terms of Use and Contractual Agreement and/or the Game Code of Conduct. If Trion terminates this Agreement or suspend your Account under such circumstances, you will lose access to your Account for the duration of the suspension and/or the balance of any prepaid period without any refund. Trion may also terminate this Agreement if Trion decides, in its sole discretion, to discontinue offering the Game, in which case Trion may provide you with a pro-rated refund of any pre-paid amounts. Upon termination for any reason, all licenses granted herein shall immediately terminate. Limited Warranty. TRION PROVIDES THE GAME CLIENT, THE ACCOUNT, THE GAME, THE PREMIUM CONTENT AND ALL OTHER SERVICES "AS IS." TRION AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Trion does not ensure continuous, error-free, secure or virus-free operation of the Game Client, the Game, Premium Content, your Account or continued operation or availability of any given server. Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary depending on your place of residence. Trion reserves the right to interrupt, modify (including adding or removing servers or content), suspend, cancel or terminate the Game, Game Client, or Premium Content with or without prior notice for any reason or no reason. Trion is not liable for any delay or failure to perform resulting from any causes beyond its reasonable control. Further, Trion cannot and does not promise or ensure that you will be able to access the Game, Premium Content, and/or your Account whenever you want, and there may be extended periods of time when you cannot access the Game, Premium Content, and/or your Account. You assume the entire risk as to the results and performance of the Game Client and the Game in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software. Limitation of Liability. IN NO EVENT SHALL TRION, ITS LICENSORS, ITS AFFILIATES OR ITS SUPPLIERS, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE GAME CLIENT, THE GAME, PREMIUM CONTENT, YOUR ACCOUNT OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND - TO THE EXTENT PERMITTED BY APPLICABLE LAW - DAMAGES FOR PERSONAL INJURY, EVEN IF TRION, ITS LICENSORS AND EACH OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF TRION, ITS LICENSORS OR ANY OF ITS OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST TRION, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE TRION AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you. Compliance with Laws; Export Controls. You shall comply with all applicable laws regarding your use of the Game Client, your access to your Account and your playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re- export the Game Client except in full compliance with all applicable laws and regulations, including, without limitation, the laws of the United States. The Game (including any Premium Content) may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the United States has embargoed goods, or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States 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. Indemnification. You agree to defend, indemnify and hold harmless Trion, its licensors, and its and their affiliates from all liabilities, claims and expenses, including attorneys' fees, that arise from or in connection with a breach of this Agreement or the use of the Game Client or Game (including any Premium Content therein), by you or any person(s) using your Trion Account, or from or in connection with any Content created or provided by you or any person(s) using your Trion Account. Trion reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Trion in that matter. This Section 15 regarding Indemnification shall survive termination of this Agreement. Dispute Resolution. AS SET FORTH IN TRION'S TERMS OF USE AND CONTRACTUAL AGREEMENT, WHICH YOU AGREE HAS BEEN INCORPORATED INTO THIS AGREEMENT, IF YOU AND TRION ARE UNABLE TO RESOLVE ANY DISPUTE, CONTROVERSY OR CLAIM RELATED TO THIS AGREEMENT ("DISPUTE") THROUGH INFORMAL NEGOTIATIONS, YOU AND TRION AGREE THAT EITHER YOU OR TRION MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED IN TRION'S TERMS OF USE AND CONTRACTUAL AGREEMENT FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Please refer to Trion's Terms of Use and Contractual Agreement for information regarding dispute resolution, binding arbitration, class action restrictions, and governing law. Changes to the Agreement. Trion may amend this Agreement at any time in its sole discretion. Amendments shall be communicated to you at the time you log in to your Account. Such amendments shall be effective whenever Trion makes the notification available for your review. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties. Miscellaneous. This Agreement sets forth the entire understanding and agreement between Trion and you with respect to the subject matter hereof. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Trion's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. All services hereunder are offered by Trion Worlds, Inc., located at 2400 Bridge Parkway, Suite 100, Redwood City, CA 94065. Trion's phone number is (650) 631-9800. PRECAUTION Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. Trion advises that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, immediately discontinue use of the video game and consult your doctor. Please also note that when using a video game you should take certain standard health and safety precautions, including avoiding playing the game when tired, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment. ®2016 XLGAMES Inc. ArcheAge has been licensed by XLGAMES Inc. ArcheAge and XLGAMES are trademarks of XLGAMES Inc. Trion Worlds, Inc. Trion, Trion Worlds, and their respective logos, are trademarks or registered trademarks of Trion Worlds, Inc. All rights reserved. submitted by /u/hazzmatt4 [link] [comments] |
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