Terms of Use
Last updated on: 28/10/2021
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Legal information and purpose of the Terms
The purposes of these Terms and Conditions of Asmodee Digital – whose full contact details are available by clicking here (hereinafter "Asmodee") – is to define the terms of use of the Platform accessible from the website www.asmodee.net and Applications accessible from the Download Platforms as well as the terms and conditions of use of the Services.
If you have any questions about these Terms and Conditions, you can contact Asmodee at the following address: https://asmodee.helpshift.com/a/asmodee-net/.
The Platform is hosted by Amazon Web Services, whose contact details are available by clicking here.
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Definitions
For the purposes of these Terms and Conditions, capitalized terms, whether used in the singular or plural form, shall have the following meanings:
- "Application(s)": shall refer to websites, mobile games, computer games and games accessible online, where applicable from a Download Platform, published by Asmodee, its Subsidiaries and/or its Partners as well as any accessory software that would be required, for example, to download an Application on a compatible Terminal, an update of the Application, an upgrade of the Application, its code (in whole or in part), the component files, the images associated or generated and the associated data;
- "Asmodee/We": shall refer indistinctly to the company Asmodee Digital - whose full contact details are available by clicking here and/or one of the Subsidiaries and, if necessary, its Partners when they are editors of an Application;
- "Virtual Goods": additional content, virtual objects, customization elements or virtual currency to acquire additional content, virtual objects, or customization elements for their use on an Application;
- "T&Cs": shall refer to the Terms and Conditions of Use and Services of the Platform, Applications, and Services;
- "Asmodee Account": shall refer to a User's sole account accessible with authentication information transmitted by Asmodee (if applicable from an Application and therefore through a Partner) allowing the User to access and benefit from the Services;
- "Third Party Account": shall refer to an account to which You have subscribed with a third party publisher or Partner and which may be linked to an Asmodee Account;
- "Third Party and Conditions of Sale": shall refer to the terms and conditions of sale of the Download Platforms;
- "Specific Conditions": shall refer to the specific contractual conditions applicable to certain Services accessible from some Applications subscribed by the User with Asmodee or one of its Partners;
- "Content": shall refer to the content of any nature (including text, visual, photographic data, forum, Username, avatar, etc.) of a User and posted on the Platform and/or Application(s) in connection with the Services by the User under the User’s responsibility;
- "Identification Data": shall refer to any information provided by the User allowing the User to create an Asmodee Account (email address, age, location, etc.);
- "Personal Data": shall refer to the User's personal data, under the Personal Data Regulations, collected and processed in connection with the use of the Services;
- "Authentication Information": shall have the meaning defined in Section 5.1 of these Terms and Conditions;
- "Subsidiary(-ies)": shall refer to any company or entity that directly or indirectly controls or is controlled by or under common control with Asmodee. Control of an entity shall mean having, directly or indirectly, the authority to direct or cause to be directed the management or policies of such entity, whether by ownership of voting securities, by contract or otherwise;
- "Username": shall refer to a series of characters that allow You, with a password chose by You, to log in unique way to Your Asmodee Account and access the Services;
- "Partner(s)": shall refer to the companies that publish Applications operated by Asmodee’s Subsidiaries or business partners, such as the Applications www.daysofwonder.com, www.fantasyflightgames.com, www.asmodeena.com, community.fantasyflightgames.com, store.us.asmodee.com and www.zmangames.com;
- "Platform": shall refer to the platform accessible from the website account.asmodee.net or api.asmodee.net;
- "Download Platform": shall refer, without distinction, to a platform operated by a third party and used to download Applications, such as the App Store, Google Play, or Steam;
- "Policy": shall refer to the privacy and Users personal data protection policy implemented by Asmodee and accessible by clicking here, which forms an integral part of these T&Cs;
- "Service(s)": shall refer to the functionalities and services as described on the Platform and/or one or more Applications, made available to You and accessible from the Platform and/or one or more Applications from an Asmodee Account;
- "User/You": shall refer to any natural person of legal majority and capable of, or with parental authorization to do so, opening an Asmodee Account without being subject to any legal, regulatory, or contractual prohibition and/or restriction preventing him from posting Content and having complied, where applicable, with all legal, regulatory, and contractual formalities in order to use the Services;
- "Terminal(s)": shall refer to the physical equipment (computer, tablet, smartphone, telephone, etc.) used by the User to use the Platform or the Applications.
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Scope, acceptance, and modification of these T&Cs
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Acceptance of the Terms and Conditions
These T&Cs shall govern the rights, obligations, and restrictions related to the use of the Platform and/or the Applications and/or the Services.
IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES AVAILABLE FROM THE PLATFORM OR ANY OF THE APPLICATIONS.
Access to the Platform and/or the Applications and/or the use of all or part of the Services and Applications implies that You accept and agree to comply with the T&Cs, the Policy, any other warning notice, and/or other applicable contractual terms, including but not limited to Third Party Terms and Conditions, Specific Conditions, and the rules of the game, if any, applicable when using the Applications.
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Modifications of the Terms and Conditions
Asmodee reserves the right to periodically modify these T&Cs and the Policy, for example, to adapt them to legislative and regulatory changes, or to modify the functionalities offered on the Platform and/or the Services and/or the Applications.
We will inform you, whenever possible, within a maximum period of one (1) month prior to amending the T&Cs. Therefore, we encourage you to regularly review these T&Cs and the Policy to be informed of any changes made. If You do not agree with the amended T&Cs, You must stop using the Services. Your continued use of the Services beyond the date of publication of the amended T&Cs will constitute Your acceptance of the amended T&Cs.
These T&Cs and the Policy are subject to change and the applicable terms and conditions are those in effect and accessible on the date You access the Platform.
We recommend that You print or save locally a copy of these Terms and Conditions for Your records.
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Information on and protection of minors
If You are a minor and You wish to access the Platform and make full use of all or part of the Platform and/or the Services and/or Applications, You must read and acknowledge the T&Cs with the help of your parents or legal guardians and obtain their consent to use the Services.
However, Asmodee recommends that parents or legal guardians monitor the activities of their children or the children for whom they are responsible when using the Services. Asmodee recommends that You be vigilant in ensuring that your children, or the children for whom You are responsible, never disclose their Personal Data without Your consent. Please note that Asmodee is not allowed to request more personal information than necessary.
Asmodee reserves the right to restrict or prohibit access to the Services to minors who have not reached the minimum age required by local legislation (e.g., 15 years old in France) if Your prior consent has not been given. It is understood that minors may be prohibited from using certain Services if they do not meet the age requirements defined by the rating agencies. Parents or legal guardians may close the minor's Asmodee Account at any time by sending an electronic request to the administrator at the following address: https://asmodee.helpshift.com/a/asmodee-net/.
Notwithstanding the foregoing, the use of the Asmodee Services must be made under parental supervision, and any use of the Services by minors shall be deemed to have been validated beforehand by their parents or legal guardians.
Unless otherwise provided by law, Asmodee disclaims any liability for the use of the Services by minors without the consent of their parents or legal guardians.
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Terms and Conditions of subscription to the Services
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Creating an Asmodee Account
To be able to access and/or use certain features and/or benefits of the Services, it is necessary to create an Asmodee Account. To create an Asmodee Account, go to the Platform and/or an Application and enter your Identification Data.
You also have the option to link Your Third Party Account to Your Asmodee Account so that You can access the Platform or Applications directly without having to enter any additional Identification Data.
Any connection to the Platform, to any of the Applications, and/or to Services using a Third Party Account shall be deemed to have been made with the linked Asmodee Account. The processing of Personal Data relating to the linking of a Third Party Account with an Asmodee Account is explained in the Policy.
Other Identification Data may be entered in the "Account Information" section on the Platform, some of which will be public and therefore accessible to other Users, as specified under the "Profile" section.
To create an Asmodee Account, you must provide an email address, the user's age, country of residence, an avatar (visual identity linked to the Asmodee Account and created by the User), and a password. The user may also be able to choose a Username.
The Username is a unique element, two Users cannot have the same one. In the absence of a choice, a Username will be automatically assigned to You.
You agree that the Username may be publicly displayed in connection with the Services in accordance with the Policy, therefore we recommend that You do not include Your surname, which may optionally be included in Your Asmodee Account information but which will remain private.
For other Identification Data that may be made public, please refer to our Policy.
The Username and Password of the Asmodee Account (hereinafter together the "Authentication Information") are strictly personal. You undertake to keep them confidential and not to disclose them to third parties. You are the only person authorized to access and use the Services using your Asmodee Account and based on your Authentication information.
Any access to the Services with Your Asmodee Account is automatically deemed to have been effected by You and under Your responsibility.
Therefore, in the event of loss, theft, or any fraudulent act with regard to the Authentication information, it is Your responsibility to inform Us as soon as possible and to prove Your identity in that case by any means. In the event of loss of your password, you have the possibility to recover access to your account automatically by going to the password reset page: https://account.asmodee.net/reset
On receipt of Your duly substantiated notification, We will send You an email allowing You to update Your Authentication information, which You must keep strictly confidential.
If We have legitimate reasons to believe that the security of the Platform and/or any Application(s) has been breached and/or that misuse of all or part of the Services is due to an unauthorized use of Your Asmodee Account, Asmodee may temporarily suspend access to Your Asmodee Account, and therefore Your access to the Services, in order to preserve the integrity of the Platform and/or any Application(s) and data and, if necessary, require You to modify Your Authentication information by following the instructions.
Similarly, if You select a Username as part of the Authentication information allowing You to access Your Asmodee Account that is inappropriate or immoral or that infringes on the rights of a third party, We reserve the right to change your Username or even suspend access to the relevant Asmodee Account.
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Accuracy and use of the Identification Data.
When creating Your Asmodee Account, You agree to provide accurate and complete Identification Data. You also agree to update such Identification Data at the request of Asmodee.
You will not claim or imply to be another person or entity by providing false information about a parent, legal guardian, or any other person, including, without limitation, through the Username, Avatar, or any other information such as voice or image.
Asmodee may take measures to verify the accuracy of the information provided, if necessary, by telephone or by email to designate a parent or legal guardian. In order to prevent fraud, You agree to provide Asmodee on request, by email, fax, or mail, with the necessary authorizations and evidence, which may also include a copy of Your national identity card or passport, processed in accordance with the Policy.
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Use of the Applications
The Applications are provided to You under a non-transferable, non-exclusive, non-commercial, personal license, and exclusively for leisure and personal use.
The Applications remain the sole property of Asmodee and/or its Subsidiaries and/or Partners, in particular with respect to the associated intellectual property rights. Therefore, the license granted is not deemed to be a transfer of the intellectual property rights of such Applications.
As such, You may not sell, copy, exchange, transfer, publish, rent, license, distribute, market, or commercially exploit the Application, or decompile it, disassemble the code, reduce it to a human-readable form, or assign or distribute any material that You may copy or derive from the Application.
The license to install and use the Application will be in effect from the time it is downloaded until it is terminated. You may terminate this license agreement at any time and for any reason by notifying Asmodee of Your intention to terminate it. Asmodee and/or its Subsidiaries and/or Partners may terminate this license agreement at any time for just cause. The termination will then take effect one month after You have been notified.
In the event of termination, by You or by Asmodee and/or its Subsidiaries and/or Partners, the license granted to You will terminate and You must permanently uninstall the Application and destroy all copies in Your possession. The User may not request reimbursement of any payment made.
In order to be able to benefit from all the Services, you have your own compatible means of telecommunication and Internet access. The provision of the Services does not imply that Asmodee also provides a compatible Terminal. You are informed that the Applications are not compatible with all Terminals and operating systems and that the performance of the Applications and related Services may vary accordingly. The Terms of Use of the Download Platforms shall continue to apply in their entirety and govern Your behavior when You access the Services. In the event of any conflict between the terms and conditions of use of the Online Download Platforms and these T&Cs, the former shall prevail. Asmodee shall not be held responsible for your use of the Services on the Download Platforms. Asmodee shall only be responsible for providing customer support and charging for the Services.
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Rules of Conduct
Asmodee hereby authorizes You to access and use the Platform, and/or the Applications and/or the Services, subject in particular to the following requirements. You acknowledge that failure to comply with any of these shall be deemed a breach by You of these Terms and Conditions.
You shall therefore:
- access and use the Platform and/or the Applications and/or the Services in good faith, in a reasonable manner, not contrary to the terms of these Terms and Conditions;
- not use any devices or software other than those provided by Asmodee intended to i) affect or attempt to affect the proper functioning of the Platform and/or Applications and/or Services ii) or extract, modify, consult, even in a buffer or temporary memory, or for individual use, all or part of the Platform and/or Applications and/or Services;
- not create or provide other means for other people to use the Services, such as server emulators;
- not access and/or use the Platform and/or the Applications and/or the Services for illegal purposes and/or with the aim of causing damage to the reputation and/or image of Asmodee and/or third parties, including Users, or more generally to infringe the rights, in particular intellectual property rights, of Asmodee and/or third parties, including Users, and more generally, with a view to violating applicable national and/or international standards, laws and/or regulations and/or administrative and/or contractual provisions;
- not create, use, and/or distribute "auto", "macro”, or other software programs or other cheat, hack, mod, trainer, or robot programs or software applications and/or use the Services through a mirror site;
- not directly or indirectly market the Platform and/or the Applications and/or the Services and/or the Content and/or the access to the Platform and/or the Applications and/or the Services and/or the Content;
- not reuse or exploit all or part of the Platform and/or Applications and/or Services and/or Content, in particular for business and/or collective and/or personal purposes in a form and/or media not authorized by Asmodee and/or the owners of such Content;
- not limit the access to and the use of the Platform and/or Applications and/or Services;
- not modify, including in a buffer or temporary memory, any reference to or a part of the Platform and/or Applications and/or Services;
- ensure that the use of the Platform and/or Applications and/or Services does not affect nor compromise the stability, security, and quality of the Platform and/or Applications and/or Services, networks, bandwidth, or infrastructures of Asmodee, other Users, and/or third parties;
- not violate the provisions of Sections 323-1 to 323-7 of the French Criminal Code punishing so-called "hacking" practices;
- not use and/or exploit the electronic and/or postal contact details of other Users for any purpose other than the use of the Platform and/or the Applications and/or the Services, in particular for the purpose of sending mass solicitations and engaging in "spamming";
- not use their Asmodee Account or, in general, in the context of the use of the Platform and/or the Applications and/or the Services, not engage in acts of any kind whatsoever, such as issuing, publishing, or putting online data or Content that is contrary to law, disrupts public order, or violates the rights of Asmodee, other Users or third parties;
- not post any Content, on the Platform and/or the Applications and/or using the Services, that is unlawful, including if it infringes the rights of third parties, violates an applicable law, in particular the 29 July 1881 French Act on freedom of the press (Loi du 29 juillet 1881 sur la liberté de la presse), and/or constitutes an infringement or violation of any intellectual property right, know-how, trade secret, or personality right of a third party (privacy, image rights, etc.), likely to be the subject of any unfair competition and/or free riding claim or, more generally, a liability claim;
- not post any Content on the Platform and/or the Applications and/or through the Services that incites hatred or violence; is threatening, aggressive, pornographic, for the purposes of pimping or pedophilia; is obscene, vulgar, racist, sexually explicit, or violent, in contravention of public decency standards, or xenophobic; for the purposes of computer piracy or proselytizing; or contains nudity or gratuitous violence, and more generally is likely to elicit a liability claim;
- not collect or intercept by any means not expressly permitted by Asmodee data exchanged by other Users in connection with the Services, or the Authentification information of any other User;
- not post any Content that violates the legitimate interests of Asmodee or third parties;
- not obtain information about Users, the Content they publish using automated methods (such as robots, crawlers, etc.);
- not upload viruses or any other malicious code to the Platform and/or Applications;
- not replace any security features or bypass or avoid any access control to the Services;
- not intimidate or harass other Users, if any, using the Services;
- not publish official documents or financial information concerning others;
- not promote or publish Content related to alcoholic beverages or adult beverages without age restrictions;
- not organize contests or sweepstakes ("promotions") without the prior written consent of Asmodee;
- not allow and encourage noncompliance with any of the provisions of these Terms and Conditions;
- not create more than one Asmodee Account: each User shall create only one Asmodee Account associated with him or her. If Asmodee deletes a User's Asmodee Account in the event of noncompliance with these Terms and Conditions under the conditions referred to in Section 7.1 hereof, the User shall not create another Asmodee Account without Asmodee’s prior authorization;
- not disclose their Authentication Information to any third party and allow someone to access his or her Asmodee Account or do anything that could compromise the security of his or her Asmodee Account;
- not use the Platform and/or Services by impersonating any third party, including a legal entity (such as Asmodee) or by misrepresenting legally or otherwise representing any third party, including a legal entity (such as Asmodee);
- not make improper use of the Application Support Service or complaint buttons or send false reports to Asmodee’s and/or its Partners' staff members;
- not communicate any Content that is not related to the subject or theme of the forum;
- not set up hypertext links to deep pages of the Platform, allowing access to the Services, by any technical means intended to bypass the User identification field or to extract all or part of the content of the Services made available by Asmodee;
- not refuse to follow the instructions of any Asmodee representative and/or to masquerade as an employee or representative of Asmodee, its partners, contractors, and/or agents.
The framing technique is prohibited without the express prior consent of Asmodee.
Asmodee is constantly innovating in order to offer the best possible experience to its Users. You acknowledge and agree that the form and nature of the Services provided by Asmodee may be modified from time to time without prior notice. As part of this ongoing innovation, You acknowledge and agree that Asmodee may discontinue (permanently or temporarily) any of the Services and/or Applications (or any feature of the Services) to You and the Users, at its sole discretion, without notice. You may stop using the Services at any time. You are not required to specifically inform Asmodee when you stop using the Services.
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Fair Play
Asmodee shall not tolerate any cheating and/or lack of fair play, whether through the use of cheating software, analysis of communication protocols or of the code, use of multiple Asmodee Accounts, complicity of other players, leaving the game before its normal end, or the use of obscene or rude language, etc. Any User caught cheating or failing to comply with their fair play obligations will receive a warning and will then be subject to one of the following sanctions at Asmodee's discretion:
- freezing of the Asmodee Account,
- reset of its scores and rankings,
- interruption of the Services,
- or even the deletion of their Asmodee Account.
Asmodee also reserves the right to set additional rules of conduct and limits regarding the use of the Application. Whenever possible, Asmodee will exercise its best efforts to inform the User of these additional rules of conduct and limits with prior notice.
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Online Discussion Forums
Like the other Services, Discussion forums are moderated a posteriori; they do not allow verification of the Content before posting on the Applications.
When You publish Content on the discussion forums, Your Username and/or Avatar may appear. You declare that You have read and accepted that the disclosure and/or publication and/or distribution of your messages is at your sole responsibility. The Content is distributed on the discussion forums (and more generally using the Services) without any time limit and remains there even if You delete Your Asmodee Account.
If You delete Your Asmodee Account, it becomes anonymous on the Platform and/or Applications for other Users and is no longer accessible. Your Content will remain even after your Asmodee Account has been deleted, with the understanding that the Content will remain associated with Your former account.
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Paid Services
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Overview and Terms of Acquisition of Virtual Goods
Asmodee allows You to purchase Virtual Goods within the Applications in accordance with the Third Party Terms and Conditions of Sale and, if applicable, in accordance with the Specific Conditions.
Parents or legal guardians of minor children may check the settings of the Download Platforms to limit purchases in the Application, but must also monitor their children's Asmodee Accounts in the event of suspicious and/or unauthorized activity, including the purchase of Virtual Goods. The purchase of Virtual Goods grants You a limited, revocable, and non-transferable license to such Virtual Goods that may only be used in connection with the Applications.
You warrant that you will use it only for personal and non-commercial purposes. You acknowledge that the Virtual Goods do not grant any right of ownership, and You agree that the Virtual Goods have no monetary value and do not constitute property of any kind under the Civil Code.
Asmodee may cancel any Virtual Good sold, transferred, or exchanged that is used in violation of these T&Cs. The sale, transfer, or exchange (or attempt to do so) of a Virtual Good is prohibited and may result in the termination of Your Asmodee Account. We will provide You with an invoice with a sales tax number if we are required to do so by law. You agree that these invoices may be sent to You in electronic format. We reserve the right to control, regulate, modify, or delete the Virtual Currency or the Virtual Goods without further liability towards You.
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Waiver of the Right of Withdrawal
Paid Services and Content are provided instantly through the online provision of an intangible service. With the User’s approval, Asmodee therefore begins to provide its intangible service before the end of the fourteen (14)-day withdrawal period provided for by the French Consumer Code (Code de la Consommation). It is therefore agreed between the User and Asmodee that the viewing or downloading of a paid Service or Content shall not be revocable or refundable.
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Intellectual Property Rights
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Intellectual Property Rights
Asmodee holds the intellectual property rights both to the general structure of the Platform and the Applications and to their content (texts, slogans, graphics, images, videos, photos, programs, and other content), except for any Content published by the User.
Consequently, any representation, reproduction, modification, distortion, and/or total or partial exploitation of the Platform and/or the Applications and/or the Services, by any process whatsoever and on any medium whatsoever, without the express prior authorization of Asmodee, is prohibited and shall be deemed to be a copyright infringement.
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Distinctive Signs
The trademarks, logos, company names, abbreviations, trade names, signs, and/or domain names of Asmodee, allowing access to the Platform, Applications, and Services made available by Asmodee, are distinctive signs that cannot be used without the express and prior authorization of their owner.
Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and shall be deemed a trademark infringement and a misuse of the company name, trade name, and domain name incurring the tortious liability of its perpetrator.
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Use of the Services
The Services are designed, edited, and managed by or on behalf of Asmodee.
The User acknowledges and accepts that access to the Content and Services made available by Asmodee shall not entail any transfer of intellectual property rights to the User, with the exception of any Content generated by the User, in accordance with the provisions of Sections 6.5 and 6.7.
Access to the Services is exclusively limited to the User's private and personal use under the conditions and limits defined in these T&Cs.
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Content
As an Asmodee Account holder, You can submit Content using the Services. You acknowledge that Asmodee does not guarantee the confidentiality of the Content, whether or not it is published.
Subject to the provisions of Section 6.7, You retain all of Your intellectual property rights related to your Content, but You are required to grant limited rights to Asmodee and other Users.
These rights are described in Section 6.5 of these Terms and Conditions.
You acknowledge and agree that you are solely responsible for your own Content and the consequences of its distribution, including any indirect distribution by hypertext links. Asmodee does not guarantee any Content, or any opinion, recommendation, or advice expressed therein, and Asmodee expressly disclaims any liability with respect to such Content.
You represent and warrant that you have (and will continue to have during the use of the Services) all rights, licenses, consents, and permissions necessary to enable Asmodee to use your Content with a view to providing the Platform, Applications, and Services, and more generally, to providing these under the conditions set out in these Terms and Conditions.
You acknowledge that, by simply using the Services, You may be exposed to Content that is inaccurate, offensive, obscene, or otherwise negative. As a host and pursuant to Section 9 hereinafter, Asmodee shall in no event be deemed responsible for the distribution of this type of Content.
Asmodee reserves the right to contact You to obtain more information about the posted Content and to verify that You are the author and, if applicable, that You hold the rights to it.
In any event, Asmodee does not agree with the opinions, advice, and/or recommendations posted and/or sent by Users using the Services and specifically in the discussion forums and accepts no liability whatsoever.
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The rights you grant to Your Content
When you submit Content on the Platform and/or the Applications and in any event using the Services, you grant:
- to Asmodee, the non-exclusive, transferable right (including the right to sublicense), free of charge, and anywhere in the world to use, reproduce, distribute, make derivative works of, represent, and execute the Content in connection with the Services or with regard to the provision of the Services, Platform, and Applications and Asmodee's business, including, without limitation, the promotion and redistribution of all or part of the Services, Platform, and Applications (and derivative works thereof), in any format, on any medium, and via any media channel;
- to each User of the Services, the non-exclusive right to access your Content via the Services free of charge anywhere in the world and to use, reproduce, distribute, make derivative works of, represent, and execute the Content to the extent permitted by the functionalities of the Services and by these Terms and Conditions.
The above mentioned rights that You grant to the Content expire when you remove or delete Your Content from the Platform and/or Applications and/or Services.
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Database
You irrevocably acknowledge that the Platform, Applications, and Services, including the structure and/or sequencing of Asmodee's Content, Applications, and Accounts, consist of one or more databases made available to Users by Asmodee as a producer of such databases within the meaning of Sections L.341-1 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle).
Therefore, in accordance with the provisions of Section L. 342-1 of such Code, You agree not to:
- extract by permanent or temporary transfer all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Platform and/or Applications and/or Services, including the structure and/or sequencing of Asmodee Accounts, Applications, and Content, on another medium, by any means and in any form whatsoever, including for use or consultation by a media and/or process(s) not authorized by Asmodee;
- reuse, by making it available to the public all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Platform and/or Applications and/or Services, including the structure and/or sequencing of Asmodee Accounts, Applications, and Content, on another medium, by any means and in any form whatsoever, including for use or consultation by a media and/or process(s) not authorized by Asmodee;
- create, edit, maintain, update, import, export, make available to third parties, free of charge or in exchange for payment, and participate in the aforementioned acts, of a competing database based on all or part of one or more of Asmodee's databases;
- view on a screen by a process or media other than those by which Asmodee intends to disclose the Platform and/or Applications and/or Services, including the structure and/or sequencing of Asmodee Accounts, Applications, and Content;
- in general, the direct or indirect, partial or total extraction, use, storage, reproduction, representation or retention, including in a buffer or temporary memory, of a qualitatively or quantitatively substantial part of the content of one or more of Asmodee's databases, performed by one of the above mentioned processes is strictly prohibited, including by a medium not authorized by Asmodee.
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Online Content Created by Users From Pre-Existing Asmodee Content
You state that you accept that Asmodee shall own all rights to the Content that You create online from pre-existing Asmodee content as it is created. By accepting these T&Cs, You agree to irrevocably assign to Asmodee, free of charge, all economic rights, on an exclusive basis, that You may have to the Content that You create online from pre-existing Asmodee content, namely:
- the rights of reproduction and use of the Content, for any use whatsoever, by any means, on any existing or future media;
- the right of representation, on all media and by all means, existing or future;
- the right to translate, arrange, modify, integrate, transform, adapt, and correct the Content;
- the right to market and exploit the Content;
- as well as the right to transfer to third parties the use or ownership of all or part of the rights currently assigned.
This transfer of rights is granted for the entire world and for the period of protection of each piece of Content created online by You from pre-existing Asmodee content.
In the event that Content created online by a User from pre-existing Asmodee content would display Your image and/or the image of a third party and/or content over which third parties have rights, You confirm that You authorize Asmodee (and, if applicable, have obtained authorization on behalf of Asmodee) to reproduce and represent, without compensation of any kind, names and images, on any existing or future medium, (including, but not limited to, press, digital, electronic, audiovisual), in any format, for any communication to the public worldwide, for any use including for advertising and/or commercial purposes, for a period of ten (10) years. Moreover, You expressly and irrevocably authorize (and, if applicable, confirm that You have obtained the authorization) Asmodee, its assignees, and successors to:
- make any modification, addition, or deletion that Asmodee deems useful for the use of the image under the conditions defined above;
- associate and/or combine with the image, all signatures, catchphrases, slogans, captions, trademarks, distinctive signs, legal and visual notices, and, in general, any element of any kind chosen by Asmodee, its assignees, and its successors intended in particular to illustrate the communication media in which they are integrated.
Asmodee expressly refrains from using the Content in any pornographic, racist, xenophobic, or harmful material, and shall impose the same prohibition/restriction on its assignees and successors.
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Termination of the Asmodee Account
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Termination by Asmodee
In the event of a breach of these T&Cs, Asmodee reserves the right to temporarily suspend or permanently delete Your Asmodee Account without prior notice. If Asmodee has legitimate reason to believe that the security of the Platform and/or any Applications and/or Services has been breached and/or that improper use of all or part of the Services is due to an unauthorized use of Your Asmodee Account, Asmodee may temporarily suspend access to Your Asmodee Account, and therefore Your access to the Services, in order to preserve the integrity of the Platform and/or any Applications and/or Services and data without prior notice.
In the event of temporary or permanent suspension of your Asmodee Account, Asmodee may delete your profile and related information that you have provided to Asmodee, and if applicable, any Content that you would have published, uploaded, or made available on the Services, including, without limitation, your Username, nickname, and avatar. You will therefore be at risk of losing this data. However, Asmodee reserves the right to keep your profile and any such Content on its servers for a reasonable period of time.
In the event of termination of your Asmodee Account, no refund, either total or partial, of any amounts already paid to purchase any currently ongoing product or service will be issued. No type of credit (virtual currencies) will be converted into cash or any other form of refund or compensation.
In the event of termination of your Account at Asmodee's initiative, you may not participate in the Service(s) again without Asmodee's express authorization. To use the Services again, please contact https://asmodee.helpshift.com/a/asmodee-net/
Asmodee reserves the right to recover the costs and charges incurred prior to the cancellation of your Account. Any outstanding payments or fees and other unresolved issues with the Services must be settled before a new Account is opened, where applicable.
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Termination by the User
You may terminate Your Asmodee Account or Your access to the Services, Platform, and Applications at any time, in your own right, and without prior notice by completing the Asmodee Customer Service Form at the following address: https://asmodee.helpshift.com/a/asmodee-net/.
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Advertising and Product Placement
The Services, Applications, and Platform, and where applicable the Content, may contain hyperlinks to other websites that are not owned by Asmodee. Asmodee has no control over the content, the specific conditions of each third party offer, the terms and conditions of sale or of use, privacy policies or practices of third party websites, and shall not be held liable in this respect.
You acknowledge and agree that Asmodee shall not be held liable for the availability of these external websites and sources and does not support any advertising, products, or other links or data on or accessible from such websites or external resources.
You acknowledge and agree that Asmodee shall not be held liable for any loss or damage you may suffer as a result of the existence of such websites or external resources or your reliance on the completeness, accuracy, or existence of any advertising, products, or other data on or accessible from such websites or external resources.
In the event that, in your opinion, an offer from a referenced third party contains illegal or inappropriate content, You must inform us by clicking here.
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Liability, Warranty, and Compensation
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Access and Availability of the Services
Asmodee shall use its best effort to make its Platform, Applications, and Services available 24/7, regardless of the maintenance operations of such Services and/or the Platform and/or Applications.
In this respect, Asmodee reserves the right to interrupt access to all or part of the Services and/or Platform and/or Applications for maintenance and/or improvement work. These interruptions of the Services and/or Platform and/or Applications will be notified to You in advance, , where Asmodee is able to do so, notably by broadcasting an alert message on the Platform and/or Applications. In case of emergency, Asmodee may interrupt all or part of the access to all or part of the Services and/or Platform and/or Applications for a reasonable period of time in order to perform a required technical operation. These interruptions of the Services and/or the Platform and/or the Applications shall not give rise to any compensation for the User.
Asmodee, which provides the technical service enabling the use of the Services, is therefore subject only to an obligation of means, and shall not be held liable for any failure and/or delay in sending or receiving Content or associated with the use made by the Users.
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The User's Liability
You agree that Your use of the Platform and/or the Application and/or the Services is at Your own risk and that it is Your responsibility to maintain the health, liability, risk, personal injury, medical, life and any other insurance policies that You reasonably deem necessary in the event of any prejudice You may suffer while using the Application. You shall remain solely and exclusively responsible for the use of the Platform, Applications, and Services made available to You and for the compliance with these T&Cs.
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Disclaimer of Warranties
Asmodee does not guarantee the durability of the Content You publish on the Services, which may disappear for any reason. You must therefore make your own backups of the data You publish. Access to the Platform, Applications, and Services requires an Internet connection for which You are fully responsible and liable.
Asmodee does not intervene in relationships, in particular legal relationships, between the Users, and it is their responsibility to carry out usual checks, including of legal nature, before entering into any agreement with a User which shall be binding on them alone.
In any event, Asmodee does not guarantee:
- the continuous updating of the Services, Platform, and Applications;
- the absence of interruptions to the Service functionalities or of viruses or any other harmful component in the Services or the servers that operate them, or the rectification of defects in the operation or functionalities of the Platform, Applications, and Services;
- that the use of the Platform, Applications, and Services will meet your needs;
- that any information you have acquired by using the Platform, Applications, and/or Service(s) will be accurate or reliable.
The Services, Platform, and Applications are provided as is and Asmodee makes no warranty in this regard.
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Limitation of Liability
You acknowledge that Asmodee, as a host—within the meaning the provisions of Article 6-I-7 of Act No. 2004-575 of 21 June 2004—of the Content that You publish, does not exercise a priori control over said Content transmitted via the Services and has no general obligation to monitor the Content published.
Therefore, as simply the host of such Content distributed under the exclusive responsibility of the Users, Asmodee may only intervene in relation to the Content published as part of the Services in the event that manifestly illegal Content is reported to Asmodee by a User.
You can contact Asmodee via the contact form available at the following address, and using the process described below: https://asmodee.helpshift.com/a/asmodee-net/
- It is important to specify the date of Your notification as well as the date of identification of the illegal Content;
- Provide your surname, name, profession, nationality, date and place of birth, address, telephone number, and e-mail address;
- Identify and describe the Content that You believe contravenes these T&Cs, including its precise location, as well as the Service on which the illegal content has been identified;
- Indicate the reasons that You believe that such Content does not comply with these T&Cs and should be removed from the Services;
- In the event of a notification based on copyright infringement, identify the copyrighted work whose infringement You are reporting and provide any evidence to justify the existence of such prior copyright and to demonstrate that You are authorized to act on behalf of the copyright owner;
If the notification is complete, Asmodee reserves the right to act at its sole discretion: In this respect, Asmodee may request in particular that the use of the Content be halted and/or the Content removed from the Services.
If Content created by a User is considered manifestly unlawful or inconsistent with these T&Cs, Asmodee reserves the right to suspend or delete the User's Asmodee Account, in accordance with Section 7.1.
Finally, the User acknowledges and accepts that the act of portraying Content distributed by a User as illegal for the sole purpose of obtaining its removal or stopping its distribution where he or she is aware that this information is inaccurate may result in his or her criminal prosecution.
You acknowledge that you are solely responsible for any damage caused to Asmodee and/or other Users or to any third-party natural or legal person, if any, as a result of using the Services and/or the Platform and/or the Applications.
In this event, Asmodee reserves the right to delete Your Asmodee Account and to take legal action on the grounds of civil and/or criminal liability to end the violation and obtain compensation for its damages.
Asmodee shall only be liable for direct damages caused by the Services, except in the event of fraud, gross negligence, wilful misconduct, force majeure, death, personal injury, and any other exclusion provided for by public policy laws and regulations.
Asmodee shall not be held liable:
- for any indirect damage that may be caused to You, including any loss of profit (whether direct or indirect), opportunity, or reputation that You may suffer;
- in connection with any proceedings brought against You resulting from Your noncompliance with regard to the use of the Services and/or the Platform and/or the Applications. In this respect, you acknowledge and agree that You will be personally liable for any claim or proceeding brought against Asmodee as a result of Your noncompliance in connection with the use of the Services and/or Platform and/or Applications.
- any loss or damage that You may suffer as a result of:
- inaccuracy, illegality, or inadequacy of the Content provided by You or in the event of damage resulting from the use of Content provided by a third-party User;
- the reliance on the completeness, accuracy, or existence of any advertising or resulting from any relationship or transaction between You and any of the advertisers or sponsors whose advertising appears on the Platform and/or the Applications;
- any change that Asmodee may make to the Platform and/or the Applications and/or the Services or any temporary or permanent deletion of one or more Services;
- the removal of, damage to or failure to store the Content and any other communication data stored or transmitted as part of the Services;
- in the event of unavailability of the Services and/or Platform and/or Applications for reasons such as failure of the public electricity grid, failure of the telecommunications cable networks, loss of connectivity to the Internet network due to public or private operators, in particular loss of connectivity of the User, in particular as a result of strikes, storms, earthquakes, or any other cause characterized as force majeure;
- in the event of use of the Services by a User under conditions that do not comply with these Terms and Conditions;
- the failure by You to communicate the Identification Data to Asmodee;
- your inability to maintain the security and confidentiality of Your Identification Data or your Asmodee Account information;
- noncompliance with the legislation of a foreign country where the Services and/or the Applications and/or the Platform would be used.
Asmodee's limitations of liability towards you will apply whether or not Asmodee has been advised of the possibility of such losses occurring and whether or not it should have been aware of them.
Asmodee's liability may not be sought if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by Article 1218 of the Civil Code.
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Health of Users
Asmodee recommends that you take the following precautions in all cases when using a Service. Avoid playing if you are tired and/or sleep-deprived. Make sure you play in a well-lit room by moderating the brightness of your screen. When using a game or Service that may be connected to a screen, play as far away from the screen as possible and as far as the connection cable allows. During use, take breaks of ten (10) to fifteen (15) minutes every hour.
Warning about epilepsy
Some people are susceptible to epileptic seizures involving, if they occur, loss of consciousness due in particular to certain types of strong light stimulation: rapid succession of images or repetition of simple geometric patterns, lightning, or explosions. Such people are at risk of seizures when they play certain video games with such stimuli, even if they have no medical history of seizures or have never been subject to epileptic seizures themselves. If you or a family member have ever had symptoms related to epilepsy (seizure or loss of consciousness) in the presence of light stimulation, consult your doctor before use. Parents also need to pay particular attention to their children when they play video games. If you or your child have any of the following symptoms: dizziness, vision problems, eye or muscle contractions, disorientation, involuntary movement or convulsion, or momentary loss of consciousness, stop playing immediately and consult a doctor.
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Protection of Personal Data
Asmodee shall respect the confidentiality of the Personal Data You provide to Us when You create Your Asmodee Account and when You use the Services and shall treat them in compliance with the applicable provisions of the Personal Data Regulations and in accordance with the provisions of its Policy accessible by clicking here.
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Miscellaneous
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Notices
You agree that Asmodee may send You notifications, including those modifying these T&Cs, by email, regular mail, or broadcast on the Platform, the Applications and, if applicable, on Your Asmodee Account.
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Correspondence - Proof
Except as otherwise provided in these T&Cs, correspondence between You and Asmodee is conducted mainly by e-mail.
In accordance with Articles 1366 et seq. of the French Civil Code, You acknowledge and accept that the information provided by Asmodee by e-mail and on the Platform between You and Asmodee is authentic.
Elements such as the time of receipt or issue, as well as the quality of the data received, will be deemed authentic by priority as appearing on the Platform, or as authenticated by Asmodee's computerized procedures, unless You produce written proof to the contrary.
The scope of proof of the information provided via the Platform and/or Asmodee's computerized procedures Applications is that granted to an original in the sense of a written hard copy document, signed in a handwritten form.
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The Complete Terms and Conditions
These T&Cs shall be deemed to be the entire agreement between You and Asmodee with respect to Your use of the Platform and the Services and supersede in their entirety any prior agreements between You and Asmodee with respect to the Services. Any other terms of use that Asmodee or one of its group companies may periodically offer are expressly excluded from these T&Cs.
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Absence of Waiver
You acknowledge that if Asmodee does not exercise or enforce any right or remedy provided in these T&Cs (or available to Asmodee under any applicable law), this does not constitute a formal waiver of Asmodee's rights, and such rights and remedies shall remain valid and enforceable for Asmodee.
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Partial Invalidity
If any of the terms of these T&Cs are found to be invalid by any decision of a court of competent jurisdiction, they shall be deleted without affecting the other terms of the T&Cs. The remaining terms shall remain valid and applicable.
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Titles
In the event of interpretation difficulties between one of the titles appearing at the top of the sections of these Terms and Conditions and one of the terms, the titles will be declared null and void.
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Beneficiary of the T&Cs
You acknowledge and agree that Asmodee's Subsidiaries are considered beneficiaries of the T&Cs and that such other companies are entitled to directly enforce and rely on the terms of these T&Cs. Except as provided herein, no other person or company shall be considered a third-party beneficiary of these T&Cs.
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Applicable Law - Dispute Resolution
These T&Cs shall be executed and interpreted in accordance with French law.
In the event of any dispute in connection with these T&Cs, their interpretation, and their consequences, or with the acts supplementing or modifying them, the User will contact Asmodee in order to try to reach an amicable solution.
Any complaint to Asmodee must be made in writing.
If a cordial agreement is not reached, the User may choose:
- To resort to an amicable mediation solution within a maximum period of one (1) year from the date of Your written complaint to Us:
- either by referring the matter to an ombudsman with a view to agreeing to reaching an amicable settlement of the dispute. To this end, the dispute will be submitted to mediation in accordance with the mediation rules of the Paris Arbitration and Mediation Center (Centre de médiation et d'arbitrage de Paris, CMAP) at the Paris Ile-de-France Chamber of Commerce and Industry,
- or by using the online dispute resolution system available at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, bearing in mind that the proposed mediation process cannot be a prerequisite for a referral to the competent courts by You.
- To bring its claim before the competent French courts.
- To resort to an amicable mediation solution within a maximum period of one (1) year from the date of Your written complaint to Us: