Terms of Use

These Terms and the Privacy Policy apply to all aspects of the AMG Website, including but not limited to all products, software, content, applications and services offered via the AMG Website, as well as User Generated Content submitted through the AMG Website or to AMG through any other third-party website or social media platform.

By accessing and browsing the AMG Website, YOU AGREE THAT YOUR USE OF THE AMG WEBSITE IS AT YOUR OWN RISK. AMG is not responsible for and does not regularly monitor the AMG Website. AMG 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 AMG Website. You understand and agree you may be exposed to communications, including but not limited to public posts and posts by AMG, 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 AMG with respect to the content.

By accessing and browsing the AMG 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 AMG 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 AMG Website.
• You will not alter, modify, or change the AMG Website or any portion of it, including security features, except as expressly permitted by AMG.
• You will not engage in any illegal (contrary to applicable local, national and international laws) activities on, to, or through the AMG Website.

AMG will do its best to maintain the website and release accurate information through it. However, AMG cannot guarantee the accuracy or completeness of the AMG Website. AMG is not liable for any: (1) errors, mistakes, opinions, or inaccuracies with regard to content; (2) any interruption or cessation of transmission to or from our website; (3) any errors or omissions in any content or for any loss or damage of any kind resulting from the use of any content posted, emailed, transmitted or otherwise made available through the AMG Website; (4) any unauthorized access to our secure servers and the personal and/or financial information contained within; (5) any bugs, viruses, trojan horses and the like which may be transmitted to or through the AMG Website by any third party.

The AMG Website may contain links to third party websites. AMG 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 AMG to have such an account. AMG does not endorse any Organizations.

AMG has no control over and assumes no responsibility for any product, service or event offered by a third party through the AMG Website, including Organizations. AMG recommends using your best judgment and to exercise caution where appropriate.

AMG does not endorse and is not responsible for the opinions, recommendations, or advice of any users of the AMG Website. AMG 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 AMG Website. AMG 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. AMG recommends using your best judgment and to exercise caution where appropriate.

In order to access some features of the AMG Website, you may be required to register an account. By registering an account, you agree to the following in addition to all other applicable terms:

• You will use your own accurate personal information, and if applicable, financial information to register. You will not register on someone else’s behalf without their express permission.
• You will be responsible for all of the activity on your account, including the security of your account and communications and/or content (anything posted publicly or through private messaging on the AMG Website to any other user).
  • In the event of a security breach, you are still responsible for all of the activity on your account. Keep your password secure. AMG recommends changing it periodically. In the event of a security breach (a hacked account), you will notify AMG support staff immediately after discovery by emailing customerservice@asmodeena.com, subject line ‘Hack’.
  • Any communications and/or content, including but not limited to public posts and private messages (hereafter “CCs”) submitted through or on the AMG Website is owned by you. By submitting CCs on or through the AMG Website, you are acknowledging that ownership, that you have the right to it, and that you also give AMG and all of its AMG Website users the right to use the CCs in any manner they see fit anywhere, for free, and forever (a world-wide, non-exclusive, perpetual, sublicenseable, transferable, royalty free license). If you think someone does not have the right to the subject matter in a CC or CCs, please see the Copyright section for more information. Please also see the Privacy Policy regarding the confidentiality of CCs.
  • You understand that you may be contacted by other account users in regards to AMG games and related events. For more information, please see the Privacy Policy and the Organization Accounts sections.
  • If you receive unwelcome private messages, you are solely responsible for stopping any further messages by blocking them.
  • You are responsible for any actions you take and the consequences of those actions as a result of any CCs between you and AMG or any AMG account user.
  • You agree that AMG can associate your account name with your CCs.
  • You will be respectful of other account users – none of your CCs will be obscene, threatening, defamatory, invasive of privacy, or in any other way injurious to any other user.
  • You will not solicit personal information from Player Account users.
  • You will not spam (including commercial solicitation, except as expressly provided herein, political campaigning, chain letters and the like) other users.
  • You will not use the account for commercial purposes, except as expressly provided herein and/or with express written consent from AMG.
  • AMG reserves the right to remove or delete anything it feels is objectionable at its sole discretion without prior notice.

Organization Accounts
By requesting and receiving approval to upgrade a Player account to an Organization account, you as an organization, are agreeing to the following, as well as agreeing to all of the terms of the Player account and all other applicable terms:

• You will only use your own organization’s accurate information on your account at all times. You acknowledge that as an Organization account holder, your location information will be viewable by the general public. You acknowledge that the organization itself is responsible for the activities of the account, as well as the individual granted permission to operate or run the account on your behalf.
• You will be able to promote AMG products and AMG related events to Player and other Organization Accounts. You will not promote or solicit non-AMG products or non-AMG related events.

Online Store Accounts
Online Store accounts are separate from the Player and Organization accounts. By registering an Online Store account, you agree to the following, as well as all other applicable terms:

• AMG cannot and does not warrant that product specifications, pricing, or other content on the AMG Website is complete, accurate, or error-free.  In the event of any errors relating to the pricing or specifications of any product, AMG 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.
• AMG is the seller for all items on the AMG Website. All items purchased from the AMG 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 regards to your Online Store Account, please contact customerservice@asmodeena.com.

Account Termination
AMG 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 the Asmodee support team at customerservice@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.

AMG may ask for or allow you to communicate, submit, upload or otherwise make available images, audio, video, contest entries or other content (“User Created Content”), which may be accessible and viewable by the public, including via the AMG Website, third-party website or a social media platform. Access to these features may be subject to age restrictions. You represent and warrant that any submitted User Created Content is not defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

By making your User Created Content available to us, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Created Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the AMG products and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Created Content does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever (except as may be specifically stated in the provisions of any contracts or contest rules in connection with the submission, or arising from it).

You represent and warrant that that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Created Content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Created Content in all manners detailed in this Agreement; and you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User Created Content resulting from your breach of these representations and warranties. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Created Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Created Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the User Created Content, in all formats and media known or unknown to date, including for use on AMG products and on third party sites and platforms. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

We may monitor, screen, post, remove, modify, store and review User Content Content or communications sent to or through us, at any time and for any reason, including to ensure that the User Content Content or communication conforms to this Agreement, without prior notice to you.

Permissions
Provided you abide by the Terms, AMG grants you permission to access the AMG Website for personal use and/or limited commercial use as expressly permitted herein.

Warranty Disclaimer
The AMG Website is provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, AMG, its owners, operators, officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the AMG Website and your use thereof.

Limitation of Liability
Under no circumstances, including but not limited to negligence, shall AMG, 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 AMG Website, including without limitation use of or reliance on information available on this AMG 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 AMG 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 AMG Website; (6) Any bugs, viruses, trojan horses, bots, or the like, which may be transmitted to or through the AMG 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 AMG Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not AMG 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 AMG 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 AMG Website is controlled and offered by AMG from its facilities in the United States of America. AMG makes no representations that the AMG Website is appropriate or available for use in other locations. Those who access or use the AMG 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 AMG 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 AMG arising from or in connection with your use of the AMG Website.

Copyright
AMG graphics, logos, page headers, button icons, scripts,and service names are trademarks, registered trademarks, or trade dress of AMG 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 AMG, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits AMG. All other trademarks not owned by AMG 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 AMG. Unless otherwise specified, all software used on this site is the property of AMG 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 AMG Website belongs to Atomic Mass Game, unless otherwise specified.

You agree not to copy and/or adapt the code used to generate the AMG 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 AMG.

The AMG Website and all related websites, including those which offer services under its mark, are published and maintained by Atomic Mass Games.

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 AMG 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 AMG, either specific or general, in jurisdictions other than the State of Minnesota.

Entire Agreement
These Terms and Conditions of Use, together with the AMG Privacy Policy incorporated herein by reference, constitute the entire agreement between you and AMG 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 AMG 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.

AMG reserves the right to discontinue any aspect of the website at any time.

AMG 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.