Governing Law: State of Alaska

1. INTELLECTUAL PROPERTY & AI RESTRICTIONS

The "Primalia" brand—including all creature designs, species names, biological lore, world-building, animations, and audio-visual works—is the sole and exclusive property of Zudesa Corporation.

• No AI Training/Scraping: Use of Primalia assets for training, "fine-tuning," or "grounding" artificial intelligence, machine learning, or generative models (including but not limited to LLMs, Diffusion models, or LoRA style-training) is strictly prohibited.
• Style Protection: Unauthorized use of the brand’s specific "visual signature" for automated generation or commercial imitation is a violation of these Terms.
• Species Integrity: Users may not claim ownership over any "Original Character" (OC) that utilizes proprietary Primalia anatomy or lore. Any character created within the Primalia universe is legally considered "Derivative Fan Content" (see Section 2).

2. LIMITED FAN CONTENT LICENSE

Zudesa Corporation grants you a limited, revocable, non-exclusive license to create "Fan Content" (art, fiction, roleplay characters) based on Primalia IP, provided:

• Non-Commercial Only: You may not sell Fan Content, use it for "adoptables," or gate it behind a paywall. Standard ad-revenue on platforms like YouTube/Twitch is permitted.
• Ownership of Derivatives: You own the specific illustration or writing you produce, but the underlying species, traits, and world-building remain the property of Zudesa.
• Disclaimer Required: All Fan Content must state that it is not associated with the Zudesa Corporation or Primalia.

3. USER-GENERATED CONTENT (UGC) SUBMISSIONS

By submitting ideas, names, or designs to Zudesa via Discord, Web, or Socials, you grant Zudesa Corporation a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that content into the Primalia brand. You waive all "moral rights" to such submissions to prevent future "co-ownership" disputes.

4. BRAND PROTECTION & DAMAGE RECOVERY

Because unauthorized use—particularly AI training and "Adoptable" sales—causes irreparable harm to Primalia's market value and artistic integrity, the User agrees to the following:

• Notice & Correction: For non-commercial violations (e.g., missing disclaimers or lore errors), Zudesa will provide a Notice to Cease Activity. If the activity does not cease immediately, the User agrees to reimburse the Corporation for the administrative and legal costs required to enforce these terms.
• Commercial Restitution: For profit-driven violations (Merchandise, NFTs, AI Model Weights, "Adoptables"), no notice period is required. The User agrees to be liable for actual damages to the brand’s value and shall surrender all gross revenue generated from the unauthorized use to Zudesa Corporation.
• Recovery of Costs: In any instance of infringement, Zudesa Corporation reserves the right to recover all professional fees, investigation costs, and legal expenses incurred to protect the IP.
• Ongoing Impact: Each 24-hour period an infringing work remains public after a Cease and Desist notice will be factored into the total calculation of market damages and brand-repair costs.

5. ELIGIBILITY & AGE REQUIREMENTS

You represent that you are at least 13 years of age. If you are under 18, you represent that you have obtained parental or legal guardian consent. Zudesa complies with COPPA and does not knowingly collect data from children under 13.

6. MANDATORY BINDING ARBITRATION (ANCHORAGE, ALASKA)

ANY DISPUTE SHALL BE RESOLVED THROUGH BINDING ARBITRATION IN ANCHORAGE, ALASKA.

• Venue: Arbitration will be conducted exclusively in Anchorage, AK, under AAA rules.
• Attorney’s Fees: The prevailing party is entitled to recover all reasonable attorney’s fees and legal costs.
• Class Action Waiver: You agree to bring claims only in an individual capacity and not as a plaintiff or class member in any representative proceeding.

7. LIMITATION OF LIABILITY & "AS IS"

Zudesa Corporation provides Primalia content "AS IS."

• Force Majeure: Zudesa is not liable for interruptions caused by acts of God or "Acts of Nature" (including Alaska-specific seismic or environmental disruptions).
• Digital Value: We are not liable for any perceived loss of digital value or "drop" opportunities due to server outages or lore changes.

8. DMCA & TAKEDOWN POLICY

If you believe your work has been infringed on our platforms, contact our Designated Copyright Agent at: office@zudesa.com.

9. MODIFICATION