Terms of Use
Date of Last Revision: September 10, 2019TERMS AND CONDITIONS OF USE
Acceptance by Use
By accessing and browsing the asmodee.com domain and any website extensions (collectively, the “Asmodee Website”) and/or utilizing any of its services, you are accepting these Terms and Conditions of Use (“Terms”) and the Privacy Policy, which is incorporated by reference into the Terms. By accepting these Terms you agree that you’ve read and understood them.We reserve the right to change these Terms at any time. The date of last revision will be posted at the top of www.store.us.asmodee.com/policy/terms-use you are responsible for reading and evaluating the Terms as they are revised.
If you do not agree to the Terms, you are not permitted to browse the ASMODEE Website and/or utilize any of its services.
General
These Terms and the Privacy Policy apply to all aspects of the ASMODEE Website, including but not limited to all products, software, content, applications and services offered via the ASMODEE Website.By accessing and browsing the ASMODEE Website, YOU AGREE THAT YOUR USE OF THE ASMODEE WEBSITE IS AT YOUR OWN RISK. ASMODEE is not responsible for and does not regularly monitor the ASMODEE Website. ASMODEE is not liable for any personal injury or property damage, or any other harm or loss of any nature whatsoever, resulting from use and/or access of the ASMODEE Website. You understand and agree you may be exposed to communications, including but not limited to public posts and posts by ASMODEE, that are inaccurate, objectionable, offensive, or indecent, and you agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against ASMODEE with respect to the content.
By accessing and browsing the ASMODEE Website, you agree to the following:
- You are at least 18 years of age, or an emancipated minor, or have specific legal guardian or parental consent, and are fully able to enter into this legal, binding agreement, being the Terms.
- You affirm that you are over the age of 13. The ASMODEE Website is not intended for children 13 and under, and are not permitted use.
- You will not transmit any bugs, viruses, trojan horses, bots, scrapers, or any like or related programming through or to the ASMODEE Website.
- You will not alter, modify, or change the ASMODEE Website or any portion of it, including security features, except as expressly permitted by ASMODEE.
- You will not engage in any illegal (contrary to applicable local, national and international laws) activities on, to, or through the ASMODEE Website.
The ASMODEE Website may contain links to third party websites. ASMODEE has no control over, and assumes no responsibility for, the content of any third-party websites.
An Organizational Account is a retailer, game club or convention (collectively, “Organizations”) approved by ASMODEE to have such an account. ASMODEE does not endorse any Organizations.
ASMODEE has no control over and assumes no responsibility for any product, service or event offered by a third party through the ASMODEE Website, including Organizations. ASMODEE recommends using your best judgment and to exercise caution where appropriate.
ASMODEE does not endorse and is not responsible for the opinions, recommendations, or advice of any users of the ASMODEE Website. ASMODEE cannot and will not be responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any type of communication on or through the ASMODEE Website. ASMODEE will not be a party to or monitor, and assumes no responsibility for, any communication or results of communication between you and a third party, including but not limited to other Players and Organizations. ASMODEE recommends using your best judgment and to exercise caution where appropriate.
Online Store Accounts
By registering an Online Store account, you agree to the following, as well as all other applicable terms:- ASMODEE cannot and does not warrant that product specifications, pricing, or other content on the ASMODEE Website is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, ASMODEE shall have the right to refuse or cancel any orders at its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.
- ASMODEE is the seller for all items on the ASMODEE Website. All items purchased from the ASMODEE Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
- If you have any questions in regard to your Online Store Account, please contact salessupport@asmodeena.com.
Account Termination
ASMODEE reserves the rights to terminate any type of account at its sole discretion, without prior notice.If you or your organization would like your account to be terminated, please email ASMODEE’s support team at salessupport@asmodeena.com, subject line ‘Account Termination’. Deleting your account will not result in the deletion of public posts on the forums, or having your name disassociated with any such posts. Please see the Accounts section for information on how to request deletion of public posts.
Additional Terms
Permissions
Provided you abide by the Terms, ASMODEE grants you permission to access the ASMODEE Website for personal use and/or limited commercial use as expressly permitted herein.Warranty Disclaimer
The ASMODEE Website is provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, ASMODEE, its owners, operators, officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the ASMODEE Website and your use thereof.Limitation of Liability
Under no circumstances, including but not limited to negligence, shall ASMODEE, its owners, operators, officers, directors, employees or agents, but liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) Use or inability to use the ASMODEE Website, including without limitation use of or reliance on information available on this ASMODEE Website, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance; (2) Errors, mistakes, opinions, or inaccuracies with regard to information available on the ASMODEE Website; (3) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (4) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (5) Any interruption or cessation of transmission to or from the ASMODEE Website; (6) Any bugs, viruses, trojan horses, bots, or the like, which may be transmitted to or through the ASMODEE Website by any third party; (7) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use on any content posted, emailed, transmitted, or otherwise made available via the ASMODEE Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not ASMODEE is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that ASMODEE shall not be liable for CCs, the content of CCs, or the defamatory, offensive, or illegal conduct of any other user or third party and that the risk of harm or damage from the foregoing rests entirely with you.The ASMODEE Website is controlled and offered by ASMODEE from its facilities in the United States of America. ASMODEE makes no representations that the ASMODEE Website is appropriate or available for use in other locations. Those who access or use the ASMODEE Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnification
You agree to indemnify and hold harmless ASMODEE and its owners, operators, officers, directors, employees, affiliates, assigns and agents, from and against any actions, claims, obligations, losses, liabilities, costs or debt, and expenses (including without limitation, attorney’s fees and costs) arising from or in connection with: (i) your use of and access to the website; (ii) your violation of any term or provision of these Terms and Conditions of Use; (iii) your failure to abide by applicable local, state, federal and international law; (iv) your violation of any other Player or other third party right, including but not limited to any copyright, trademark, property, or privacy right; (v) any claim that one of your Player Communications or private messages caused damages to a third party; or (vi) any breach of any representation, warranty, or agreement made by you in these Terms and Conditions of Use. This indemnification obligation survives these Terms and Conditions of Use and your use of this website.You hereby release and waive any and all claims, liability, and causes of action against ASMODEE arising from or in connection with your use of the ASMODEE Website.
Copyright
ASMODEE graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of ASMODEE or its affiliates in the United States and/or other countries. These trademarks, registered trademarks, and trade dress may not be used in connection with any product or service without the express written consent of ASMODEE, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits ASMODEE. All other trademarks not owned by ASMODEE that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ASMODEE. Unless otherwise specified, all software used on this site is the property of ASMODEE or its affiliates and is protected by United States and international copyright laws.Any other intellectual property, as well as any information and material that appears on the ASMODEE Website belongs to Asmodee USA Distribution unless otherwise specified.
You agree not to copy and/or adapt the code used to generate the ASMODEE Website and all the graphic material that it offers, including buttons, bars, fonts, logos, photographs or other material not specified under these Terms, without the express permission of ASMODEE.
The ASMODEE Website and all related websites, including those which offer services under its mark, are published and maintained by Asmodee USA Dsitribution.
Assignment
These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ASMODEE without restriction.Governing Law and Venue
The laws of the State of Minnesota govern all matters arising out of or relating to these Terms and Conditions of Use, without giving effect to conflicts of law principles thereof. You submit to the exclusive jurisdiction if the state and federal courts of the State of Minnesota for resolving any claim or dispute arising out of or relating to these Terms and Conditions of Use. You agree that: (i) the website shall be deemed solely based in the State of Minnesota; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over ASMODEE, either specific or general, in jurisdictions other than the State of Minnesota.Entire Agreement
These Terms and Conditions of Use, together with the ASMODEE Privacy Policy incorporated herein by reference, constitute the entire agreement between you and ASMODEE with respect to the website, and supersede and replace any other agreement, document, correspondence, negotiation, conversation, or other written or oral understanding between you and ASMODEE with respect to the subject matter of this agreement.Severability
If any term or provision of these Terms is held void, invalid, inoperative, or otherwise unenforceable by a court of competent jurisdiction, then no other term or provision will be consequently affected, and the remaining terms and provisions will remain in full force and effect.Miscellaneous
The captions contained herein are for reference purposes only and are not part of this agreement.ASMODEE reserves the right to discontinue any aspect of the website at any time.
ASMODEE reserves all rights not expressly granted herein.
You agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action occurs. Otherwise, such cause of action is permanently barred.
Nothing in the Terms and Conditions of Use shall be deemed to confer any third-party rights or benefits.
