TERMS OF SERVICE
October 28, 2021
Welcome! Thank you for joining Adventure Roll. We (Allied Games Inc. or simply Allied Games) think you will find that our service, including our implementation of the Virtual Game Table will bring your gaming experience to a whole new level. Before you use Adventure Roll, please read this document so you can better understand what is expected of you and what you can expect from us. These terms of service (“Terms”) constitute a binding agreement between us and you, and contain the rules that you and us are governed by with regard to your use of the Adventure Roll website at www.adventureroll.com (the “Website”), the Adventure Roll Service (“the Service”) and the Application (as defined below)(collectively, “Adventure Roll”), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application.
Please read these Terms carefully before using our Website, Application or Service. By using or accessing any part of the Website and/or Application or by, at any time, purchasing in-game items, assets or other goods and/or services with the Application, you agree to be bound by these Terms. Please understand that we may change these Terms from time to time by changing them on this page.
IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS YOU ACKNOWLEDGE AND AGREE THAT YOU AND ALLIED GAMES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST ALLIED GAMES. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
- About Us:
These Terms are between you and Allied Games Inc. (“Allied Games”) which is corporation registered in Ontario, Canada, with offices located at 1119B Clarkson Road North, Mississauga, ON L5J 2W1. When used in these Terms, the terms “us”, “we” and “our” refer to Allied Games.
Simply put, the Adventure Roll Service and Application provides an immersive online Virtual Table Top (VTT) gaming environment for roll-playing games. Instead of using 2D tokens and maps to represent your player character, creatures, non-player characters (npcs) and surroundings, you are playing in 3D space, where the environment, players, creatures and objects are rendered with 3D models and to scale. As a Game Master (GM), Adventure Roll provides you with the tools to create your own adventures. As a player, Adventure Roll provides you with a character builder to keep track of your stats, a visualizer for you to customize your unique characters, and tools to streamline gameplay. The Adventure Roll Website also connects players and GMs with other players and GMs for setting up adventuring groups or simply to communicate. Adventure Roll also provides a marketplace to purchase in-game cosmetic items, like clothing/armor, weapons, and even new races. You can purchase entire environmental themes, including objects and items and other environmental components to place in your maps. Or, if you are so inclined, you can design your own art assets for sale in the Adventure Roll marketplace (more on that below).
Please understand that Allied Games has no affiliation with any particular tabletop game or any content creators selling items on the Adventure Roll marketplace unless the creator is Allied Games. Furthermore, Allied Games does not have the resources to actively police the Adventure Roll Marketplace for intellectual property infringement. Accordingly, if you believe your intellectual property is being infringed, please send an email to [firstname.lastname@example.org] and we will investigate your claim.
Content creators are required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the creation of any items for sale in the Adventure Roll marketplace. Allied Games is not liable or responsible for the actions of the content creators, nor do we verify their compliance with all applicable laws. In addition, while Allied Games strives to make sure that all items for sale in the Adventure Roll marketplace work with Adventure Roll, Allied Games does not guarantee the quality of such items. However, if you believe any content offered in the Adventure Roll marketplace violate these Terms, or you otherwise have an objection to them, please email [email@example.com]. Your email should specify the details and reasoning of your complaint, along with the contact information where we can reach you.
Purchasing items from independent content creators via the Adventure Roll marketplace is an agreement between you and the content creator. Allied Games is not responsible for content creators that may violate federal, state or local laws, rules and/or regulations in this regard. The Adventure Roll Service acts only as an intermediary between you and the content creators, facilitating your transaction with the content creators. When you pay for an item on the Adventure Roll marketplace, your debt owed to the content creator for such item is deemed paid.
Conversely, Allied Games is not liable or responsible for the actions of the purchasers of content on the Adventure Roll marketplace, nor do we verify their compliance with all applicable laws.
- Setting Up Your Account:
In order to be able to use the Service or the Application, you must first set up an account with Allied Games. Setting up your account can be accomplished through our Website (www.adventureroll.com). When setting up your account and/or registering, you must provide Allied Games with certain personal information, including your first and last name, address, email address, telephone number and payment card data. Your account must be secured with a password of your choice, subject to Allied Games’ reasonable requirements concerning the composition of your password. Upon successfully signing up with Allied Games, Allied Games will provide you with a personal account that you may access through our Website or the Application. You may only create and use one account with us for your personal use (an “Account”). By using the Service and/or Application or clicking on “accept” button, you are agreeing to be bound by the foregoing representations.
If you provide any information that is untrue, inaccurate, not current, or incomplete, including, without limitation, having an invalid or expired payment method on file, or if Allied Games has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Allied Games has the right to block your current or future use of the Service and/or terminate this Agreement with you. If your Account is cancelled for any or no reason, you may forfeit any pending, current, or future account credits or promotional offers and any other forms of unredeemed value in or associated with your Account without prior notice to you.
You are responsible for maintaining the confidentiality and security of your Account including your password and, if applicable, any password for Facebook, Google, or other third-party login that we may integrate into the Service now or in the future. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. You agree to: (a) immediately notify Allied Games of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Allied Games will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or password.
- Setting Up Your Account:
In order to use our Service and Application, you may be required to set up an account and pay the required subscription fee, if applicable. We have tried to make setting up your account easy. Upon logging into the Website or running the Application, you will be presented with the opportunity to create an account. Please select a display name (this is the name that will indicate you as the player on our Application). You will also be asked to provide personal information such as your first and last name, address, telephone number, display name and a valid email address and to create a password. We may also ask you to select one or more security questions and provide answers so as to add an additional layer of security. Once you submit the requested information, we may send you an email to the email address you provided so as to authenticate and activate your account. We may then also ask you to select your desired subscription level. If the subscription level you select requires payment, the Website will direct you to a secure page for you to enter your credit card details.
If you have any issues with your account, you may contact us at [firstname.lastname@example.org] and we will assist you in resolving your issues.
- Subscription Policy:
PLEASE NOTE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE SUBSCRIPTION TERM UNLESS YOU ELECT TO CANCEL YOUR SUBSCRIPTION. If at any timeyou wish to cancel your subscription, simply select the “Cancel Subscription” option under the “Subscription Status” of your account page on the Website and in the Application.
- Your Conduct:
You have an ongoing obligation to make sure that the information you provide to Allied Games is accurate and complete and to keep this information current. So, for example, if you change your phone number, address or email address, you will promptly update this information on the Website or in the Application. Allied Games is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.
You agree not to access or use the Service or Application except as authorized by Allied Games. It is your responsibility to ensure you permit the Application to update as necessary so that all times you are using the latest version of the Application. Please note that internet charges may apply from your internet service provider which are your responsibility, as Allied Games has no affiliation with your internet service provider. You are also responsible for installing the proper version of the Application on your device and to make sure your device meets the minimum specifications required for that version of the Application. The specifications for the Application are located on the Website. Allied Games is not responsible for your difficulties if your device is not compatible with the Application or if you download the wrong version of the Application for your device. Allied Games reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible device.
By using the Website, Application or the Service, you further agree that:
- You will comply with all applicable laws in connection with your use of the Website, Application or the Service, including, without limitation, laws regarding online conduct;
- You will only use the Service or download and use the Application for your sole, personal use and will not resell it to a third-party;
- You will not sell, assign or otherwise transfer your account to another person or entity without Allied Games written consent (which may be provided via email), such consent being wholly within the discretion of Allied Games;
- You will not attempt, through any means, to gain unauthorized access to any part of the Website, Application or the Service, other account, computer system, and/or network connected to any Allied Games or the Adventure Roll server(s) and not to otherwise use the Website, Application or the Service in any manner that could damage, disable, overburden, and/or impair any Allied Games or Adventure Roll server, or the network(s) connected to any Allied Games or Adventure Roll server, and/or interfere with any other party’s use and enjoyment of the Website, Application or the Service;
- You will not “deep-link” or frame to the Website and/or access the Website, Application or the Service manually and/or with any robot, spider, web crawler, extraction software, automated process, and/or device or other means to scrape, copy, and/or monitor any portion of the Website and/or any materials and/or other content on the Website, unless specifically authorized in writing by Allied Games;
- You will not conduct any scraping, indexing, surveying, data mining, or any other kind of systematic retrieval of data or other content from the Website;
- You will not create or compile, directly or indirectly, any collection, compilation, database, or directory from the Website, Application or the Service;
- You will not authorize others to use your account without the written consent of Allied Games (which may be provided via email), such consent being wholly within the discretion of Allied Games;
- You will not access or use the Website, Application or the Service using a third-party’s account/registration without the express consent of the account-holder and you will not to attempt to impersonate another user or person;
- Except as permitted in the Additional Marketplace Terms and Conditions, you will not advertise to, or solicit, any user or other business to buy or sell any products or services, or use any information obtained from the Website, Application or the Service in order to contact, solicit, or advertise or sell to any user or other business, in each case, unless specifically authorized in writing by Allied Games;
- You will not use the Website, Application or the Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You will not copy, publish, or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
- You will not use the Website, Application or the Service to cause nuisance, annoyance or inconvenience;
- You will not harass, annoy, intimidate, or threaten other Allied/Games Adventure Roll account-holders and users or any Allied Games employees, contractors, or agents engaged in providing any portion of the Adventure Roll Services;
- You will not engage in any hate speech (such speech to be determined in the sole discretion of Allied Games), or promote the use of violence against any race, ethnicity, gender, sexual, political or cultural affiliation;
- You will not engage in any criminal or tortious activity, including, without limitation, fraud, spamming (including, without limitation, by email or instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or otherwise deleting the copyright or other proprietary rights notice from any portion of the Website, Application or the Service, or from any User Content as described below;
- You will not disrupt, interfere with, or otherwise harm or violate the security of the Website, Application, Service, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites;
- You will not impair the proper operation of the Adventure Roll network;
- You will not try to harm the Website, Application or the Service in any way whatsoever;
- You will not copy, or distribute all or portions of the Website, Application or the Service other Allied Games content without written permission from Allied Games;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
- You will provide us with whatever proof of identity we may reasonably request;
- You will only use our Website, Application or the Service through an internet connection you are authorized to use;
- You are aware that using Adventure Roll requires an internet connection and that internet services fees may apply which shall be your responsibility;
- You will not use the Website, Application or the Service with an incompatible or unauthorized device; and
- You will not use the Website, Application or the Service for any illegal purposes or in any way otherwise inconsistent with any and all applicable laws, rules, and regulations.
You agree to comply with the above user conduct, and agree not assist or permit any person in engaging in any conduct that does not comply with the above user conduct. Further, you agree that the consequences of commercial use or re-publication of materials from the Website, Application or the Service or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that Allied Games will be entitled to temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages.
Furthermore, Allied Games reserves the right to immediately terminate the Service and the use of the Website, Application or the Service should you not comply with any of the above rules.
- Application License:
Subject to your compliance with these Terms, Allied Games grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on your devices that you own or control and to run such copy of the Application solely for your own personal use.
YOU SHALL NOT:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Service or Application in any way;
- modify or make derivative works based upon the Service or Application;
- create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device;
- reverse engineer or access the Application in order to:
- design or build a competitive product or service;
- design or build a product using similar ideas, features, functions or graphics of the Service or Application, or
- copy any ideas, features, functions or graphics of the Service or Application, or
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application. misuse the Website and/or the Application (including by hacking or “scraping”).
- send spam or otherwise duplicative or unsolicited messages of any kind in violation of applicable laws;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or anything which would violate third-party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or
- attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
Allied Games will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Allied Games may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Allied Games has no obligation to monitor your access to or use of the Website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Allied Games reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Allied Games, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Website, the Service or Application.
- Granting of License as to Content, Restrictions, and Copyright Policy:
For the purpose of these Terms, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information, or other materials.
“Allied Games Content” means Content owned or used by Allied Games, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third-party, but excluding User Content.
“Allied Games Group” means collectively Allied Games and any other affiliate, subsidiary, parent or sister company of Allied Games.
“RPG Content Publishers or Authors” means the authors and/or publishers of commercially available role-playing games, settings and systems.
“RPG Content Publishers’ or Authors’ Content” means the content created by authors and/or publishers of commercially available role-playing games, settings and systems used by Allied Games or Users with the permission of such RPG Content Publishers or Authors.
“User” means a person who lawfully accesses or uses the Website, Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website, the Marketplace or through the Service or Application, including but not limited to forum messages, user ratings and reviews, and audio and/or visual content.
“Collective Content” means, collectively, Allied Games Content, RPG Content Publishers or Authors Content and User Content.
Subject to your compliance with these Terms and [Additional Marketplace Terms and Conditions] as may be applicable, Allied Games grants you a limited, non-exclusive, non-transferable license to view and use any Collective Content solely for use with the Website, Application or Service, or otherwise for your personal and non-commercial purposes.
Unless otherwise stated, the copyright and other intellectual property rights on the Website and/or in the Application and in material published on them (including without limitation photographs and graphical images) are owned by us, the author of User Content, or the respective RPG Content Publishers or Authors. These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in Canada and around the world and all rights therein are reserved. For the purposes of these Terms, any use of extracts from the Website other than in accordance with these Terms is prohibited.
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these Terms. You may not reuse any Collective Content without first obtaining the written consent of Allied Games, the author of User Content or the respective RPG Content Publishers or Authors. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Allied Games, or its licensors, any User, or any RPG Content Publisher or Author except for the licenses and rights expressly granted in these Terms. Any rights not expressly granted in these Terms are reserved.
Allied Games respects the intellectual property of others, and we ask all of our Users to do the same. Other than User Content that is the subject of your license grant as provided below, if you believe that your intellectual property has been copied and is accessible on the Website, Service or Application in a way that constitutes infringement, please email email@example.com to lodge a complaint.
IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, THEN DEPENDING ON THE JURISDICTION, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Allied Games and its affiliates that your copyrighted material has been infringed.
In accordance with the U.S. Digital Millennium Copyright Act (DMCA) and other applicable law, Allied Games has adopted a policy of terminating the Accounts, in appropriate circumstances, of Users who are deemed to be repeat infringers. Allied Games may also in its sole discretion limit access to the Sites and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Your Content:
Allied Games may provide you with interactive opportunities on the Website or Application, including, without limitation, features such as a Marketplace to sell and/or purchase additional Adventure Roll content, messaging forums, user ratings and reviews, saved favorites, liked items and bookmarked Users/User Content, user profiles and pictures (collectively, “Interactive Areas”). You represent and warrant that you are the owner of and/or otherwise have the right to provide all artworks, sound effects, information, comments, reviews, ratings, photographs and/or other materials and/or content that you submit, upload, post, publish, and/or otherwise make available to Allied Games through the Sites or otherwise in connection with your use of our services, including, without limitation, information and materials provided or made available in connection with any Facebook, Google, or other third-party login (“User Content”). User Content includes, without limitation, textual, visual, or audio content and information, whether transmitted via the Sites (including the Marketplace), Application, forum postings, or otherwise.
- License Granted By User; Use of Your Content:
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application, including the Marketplace. User Content will be deemed non-confidential and non-proprietary. Except as may be provided in the Marketplace Additional Terms and Conditions, by providing User Content to Allied Games, you grant Allied Games an irrevocable, non-exclusive, sublicensable, royalty-free, perpetual right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium now known or hereafter invented (collectively, the “Uses”) and throughout the world without notification to and/or approval by you (“License Grant”).
You further grant Allied Games a license to use your username and/or other specific user profile information (but not your personal information such as name, address, telephone numbers, email address, or financial information), including, without limitation, your ratings history and how long you have been an Adventure Roll user, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you unless you specifically opt out of permitting us to use your profile information in accordance with your Account Preferences. Further, if you provide any suggestions, input, or other feedback relating to the Sites or the services we provide (collectively, the “Feedback”), Allied Games shall have the right to freely and fully exercise and exploit the Feedback in connection with our business or the business of our partners or affiliates, without notice to, approval by, or compensation to you. Accordingly, you hereby grant Allied Games a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license to all rights necessary to incorporate and use the Feedback for any purpose.
- Intellectual Property Ownership:
Allied Games alone (and its third-party licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by Allied Games. “Allied Games”, logo, and the product names associated with the Application and Service are trademarks of Allied Games, its affiliated companies or third parties, and no right or license is granted to use them.
- Your Use of Third-Party User Content:
User Content transmitted to certain parts of the Website or Application, including, without limitation, the Marketplace and certain Interactive Areas, may be posted in public areas on our Website and Application, including, without limitation, in a compilation format, and as such will be publicly visible and accessible. You further understand and agree that you may be exposed to third-party User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Allied Games and its parents, subsidiaries, affiliates, and each of their officers, directors, employees, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to your User Content, or for any damages you allege to incur as a result of or relating to any third-party User Content.
You acknowledge that Allied Games only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third-party for the content or accuracy of the User Content. Allied Games does not continuously monitor User Content published by you or moderate between Users, nor shall Allied Games be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Allied Games.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third-party or otherwise infringe any third-party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify Allied Games, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by Allied Games or its affiliated companies, including reasonable attorneys’ fees related to any User Content posted or transmitted by you or your use of the Website, the Service or the Application.
Allied Games reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Allied Games believes is not in accordance with these Terms (including materials which infringe or may infringe third-party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Allied Games.
You agree to promptly notify Allied Games in writing of any User Content which breaches these Terms. You agree to provide to Allied Games sufficient information to enable Allied Games to investigate whether such User Content breaches these Terms. Allied Games agrees to make good faith efforts to investigate such complaint and shall take such action as Allied Games in its sole discretion decides. However, Allied Games does not warrant or represent that it will block or remove (in whole or in part) such User Content.
- Conduct within Interactive Areas:
By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Website or Application. We expect your cooperation in upholding our standards. You are responsible for all of your User Content. You agree not to provide any User Content that:
- is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another’s privacy, hateful, and/or racially, ethnically, and/or otherwise objectionable; has a commercial, political, or religious purpose;
- is false, misleading, and/or not written in good faith;
- infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
- is illegal and/or promotes illegal activity;
- contains unauthorized advertising and/or solicits users to a business other than those on the Sites; and/or
- is intended to interrupt, destroy, or limit the functionality or integrity of any computer software, hardware, or materials on the Website or Application or other websites.
We do our best to encourage civility and discourage disruptive communication on the Website and Application. We also do our best to discourage communications that incite others to violate our standards. Allied Games may monitor any and all use of the Website and Application, including, without limitation, interactions between our users; however, we are under no obligation to do so. We may manage the Website and Application in a manner intended to protect our property and rights and to facilitate the proper functioning of the Website and Application. If any User Content or conduct on our Website and Application violates our standards, or any other terms and conditions of this Agreement; or interferes with other peoples’ enjoyment of the materials or our Website and Application; or is inappropriate in our judgment; we reserve the right, in our sole discretion, to change, delete or remove, in part or in full, any such User Content, and we further reserve the right to terminate or suspend access to any interactive areas of the Website or Application, or the Website and Application themselves. Allied Games will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with User Content.
- Ratings and Reviews:
The Website and Application and other interactive areas provided as part of the Adventure Roll Service may allow you to rate (“Ratings”) and post reviews (“Reviews”) of User Content available for purchase in the Marketplace (“Marketplace User Content”). Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding your use of these interactive areas and the Website, Application, and Service standards of conduct. Ratings and Reviews are not endorsed by Allied Games, and do not represent the views of Allied Games or of any affiliate or partner of Allied Games. Allied Games does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria: (1) before posting a Rating or Review, you must have had first-hand experience with the purchased Marketplace User Content within the 7-day period prior to your review; (2) you may not have a proprietary or other affiliation with author of the Marketplace User Content or any of his/her/its competitors; (3) you may not draw any legal conclusions regarding the Marketplace User Content; and (4) your review must otherwise comply with the terms of this Agreement. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Website and Application may be removed or excluded by us without notice.
By voluntarily providing your email address to Allied Games, you agree that Allied Games may contact you by email, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You understand that such communications may be sent using an automated process. You may unsubscribe from receiving email messages from Allied Games at any time. However, if you wish to unsubscribe from such email communications related to your account, Allied Games reserves the right to suspend your account until such time as you permit Allied Games to resume such email communications.
To unsubscribe from email communications, leave the checkbox unchecked when prompted to join our mailing list upon registering for an account with Adventure Roll through our website. You may also unsubscribe from emails you receive from us in the future by clicking the unsubscribe link at the bottom of our email communications. If you are having trouble unsubscribing from our email communications or if you have any questions about the process, please email us at [firstname.lastname@example.org].
- Terms Related to Payments:
The use of the Application and the Service is available to you via a subscription service and/or specific products. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account for such services and products. If you choose a recurring subscription, you acknowledge that payments will be processed automatically (e.g., charged to your credit card based on the information you provided) until you cancel the subscription or the Account. Allied Games may revise the pricing for the goods and services offered through the Website, Application or Service at any time. YOU ACKNOWLEDGE THAT ALLIED GAMES IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO ALLIED GAMES FOR USE OF ADVENTURE ROLL, OR FOR DIGITAL PURCHASES MADE THROUGH THE WEBSITE ORAPPLICATION, INCLUDING THE MARKETPLACE FOR ANY REASON.
The processing of payments or credits, as applicable, in connection with your use of the Website, Application and Service will be subject to the terms, conditions and privacy policies of your credit card issuer in addition to these Terms. Allied Games is not responsible for any errors by the payment processor.
The information, recommendations and content provided to you on or through the Website, the Service and the Application are for general information purposes only and do not constitute advice. Your use of the Service and Application are at your sole risk. Accordingly:
THE WEBSITE, APPLICATION OR SERVICE, THE MATERIALS, AND ALL OTHER CONTENT ON THE WEBSITE, APPLICATION AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE WEBSITE, APPLICATION AND SERVICE, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLIED GAMES DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, APPLICATION OR SERVICE, THE MATERIALS AND/OR THE OTHER CONTENT ON THE WEBSITE, APPLICATION AND SERVICE WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE WEBSITE, APPLICATION OR SERVICE, THE MATERIALS, AND/OR OTHER CONTENT ON THE WEBSITE, APPLICATION OR SERVICE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ALLIED GAMES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, APPLICATION OR SERVICE, THE MATERIALS, AND/OR ANY OTHER CONTENT ON THE WEBSITE, APPLICATION OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SAFETY, QUALITY, AND/OR TIMING OF A DELIVERY OF CONTENT ORDERED ON THE WEBSITE, APPLICATION OR SERVICE. YOU (AND NOT ALLIED GAMES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE WEBSITE, APPLICATION OR SERVICE, THE MATERIALS, AND/OR OTHER CONTENT ON THE WEBSITE, APPLICATION OR SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
ALLIED GAMES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ALLIED GAMES’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ALLIED GAMES IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
- Limitation of Liability:
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ALLIED GAMES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF ALLIED GAMES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE APPLICATION OR WEBSITE. ALLIED GAMES ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES, MALWARE OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE CONTENT, THE WEBSITE, APPLICATION OR THE SERVICE THAT MAY INFECT OR OTHERWISE DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE APPLICATION, WEBSITE OR SERVICE. ALLIED GAMES ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE WEBSITE, APPLICATION OR SERVICE, AS WELL AS ANY THIRD-PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL ALLIED GAMES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR TORT EXCEED (A) THE AMOUNT PAID BY YOU TO ALLIED GAMES OR AN ALLIED GAMES PARTNER, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
For the avoidance of doubt nothing in these terms shall affect your statutory rights. Nothing in these terms shall limit or exclude our liability to you that, by applicable law, may not be limited or excluded.
19. Third-Party Links:
The Website or Application may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third-party Websites”). Allied Games does not review, monitor, operate and/or control the Third-party Websites and Allied Games makes no guarantees, representations, and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third-party Websites. By providing access to Third-party Websites, Allied Games is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access to and/or use of the Third-party Websites, including, without limitation, providing information, materials and/or other content to the Third-party Websites, is entirely at your own risk. Allied Games reserves the right to discontinue links to any Third-party Websites at any time and for any reason, without notice.
By accepting these Terms and using the Application or Service, you agree that you shall indemnify and release Allied Games, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; your violation of any rights of any third-party, or your use or misuse of the Application or Service.
- Dispute Resolution:
By using our Services, if there is a dispute between you and us regarding the accuracy or information provided on or through our Website, Application or Service, you may contact us directly [email@example.com] and we will attempt to resolve your dispute. Nothing in these Terms shall be interpreted as limiting your legal rights in any way with regard to any such disputes, including your right to seek relief in the courts of any applicable jurisdiction. However, your legal rights regarding the resolution of disputes involving third parties may be limited or otherwise governed by separate agreements or Terms of Service you may have entered into involving these third parties.
In any dispute regarding the two of us, you acknowledge and agree that you and Allied Games are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding against Allied Games.
- Third-Party Interactions:
During the use of the Website, the Application and the Service, you understand that links to websites that are owned and controlled by third-parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, and/or participate in promotions of third-parties. You further understand that these links take you off the Website, the Application and the Service and are beyond our control.
Allied Games may, in our sole discretion, run promotions that may be redeemed for account credit, or other features or benefits related to the Services and/or a third-party provider’s services, subject to any additional terms that Allied Games establishes on a per promotion basis (“Promo”). You agree that Promos:
- Must be used for the intended audience and purpose, and in a lawful manner;
- May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Allied Games;
- May be disabled by Allied Games at any time for any reason without liability to Allied Games;
- May only be used pursuant to the specific terms that Allied Games establishes for such Promos;
- Are not redeemable for cash; and
- May expire prior to your use.
Certain Promos may only be available to new users. New users are unique natural persons who have not yet created an Allied Games account.
Allied Games reserves the right to delay delivery of Promo benefits pending verification that a user has complied with the terms of the Promo, including verification of the user’s identity. Allied Games users that make a referral code available to other must not make any false or misleading representations related to Allied Games or the benefits a new user may receive upon signing-up for Allied Games. Allied Games reserves the right to deduct credits or other features or benefits obtained through the use of Promos by you or any other user in the event that Allied Games determines or believes that the use or redemption of the Promo was in error, fraudulent, illegal, or in violation of the applicable Promo terms or these Terms.
Allied Games credits earned have no cash value and will only apply in the local currency and are not transferable. If a purchase on Allied Games exceeds the credit value in your account, the remaining balance will be charged to the registered credit card. Allied Games promotions cannot be combined with any codes or other promotions.
You are entitled to terminate your use of the Service at any time by permanent deletion of the Application installed on your device, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on our Website.
Allied Games is entitled to terminate your use of the Service at any time without notice and with immediate effect (by disabling your use of the Application and the Service) for any reason, including, if you: violate or breach any term of these Terms, or in the opinion of Allied Games, misuse the Application or the Service.
- Entire Agreement:
The Terms (including any referenced documents) constitute the entire agreement between you and Allied Games and governs your use of the Website, Application and Service, superseding any prior version of these Terms between you and Allied Games.
- Waiver and Severability:
The failure of Allied Games to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms or the application of any such provision to any individual, corporation or other entity or to any circumstance is held invalid, the remainder of these Terms, and the application of such provision other than to the extent it is held invalid, will not be invalidated or affected thereby.
Allied Games reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Website, Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. Allied Games may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Such modification will not apply to any Orders already placed. The most current version of these Terms will always be posted under the “Terms of Service” link available on our Sites (“Updated Terms”). If we make a material change to the Terms, we may notify you. You agree that you will review the Terms periodically. By continuing to access and/or use the Sites after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Sites. Any disputes under this Agreement will be governed by the version of Agreement in effect at the time of the first event which gave rise to the dispute.
Allied Games may give notice by means of a general notice on the Service or Application, or by email to your email address on record in your account information, or by written communication sent by regular mail to your address on record in your account information.
- Notices Required Under Wizards of the Coast, LLC Open Game License:
Please understand that Allied Games and Adventure Roll are not affiliated in any way with any RPG Content Publishers or Authors. RPG Content Publishers and Authors are the exclusive owners of their respective works, and neither you nor Allied Games have a right to use, copy or modify the game rules/systems/mechanics, objects, creatures, settings and lore (including the names and visual representations thereof) unless specifically permitted by the owners of such RPG Content Publishers or Authors. Understanding this, you, Allied Games and Adventure Roll may use Open Game Content in accordance with the Open Game License granted by Wizards of the Coast, LLC (“Wizards”). To the extent that Open Game Content is used by you, Allied Games and/or Adventure Roll, such Open Game Content may only be used under and in terms of this Open Game License, as required by Section 2 of the Open Game License. If you wish to use game content (e.g. specific creatures, including graphics, statistics, lore, etc.) from an RPG Content Publisher or Author that is not included in the Open Game License, you will need specific permission (i.e. a license) from that RPG Content Publisher or Author.
To the extent that Allied Games and/or Adventure Roll uses Wizards’ content, such content is limited to the Open Game Content specified by Wizards in accordance with its System Reference Document 5.1 (“SRD5”) unless otherwise permitted pursuant to a separate license agreement.
As per Section 8 of the OGL, Adventure Roll incorporates 5th Edition monster names and stat blocks, inventory and spell descriptions, character races and classes as well as game mechanics. These constitute Open Game Content which are used and which may only be used pursuant to the [Open Game License v. 1.0a, Copyright 2000, Wizards of the Coast, LLC. System Reference Document 5.1 Copyright 2016, Wizards of the Coast, Inc].; Authors Mike Mearls, Jeremy Crawford, Chris Perkins, Rodney Thompson, Peter Lee, James Wyatt, Robert J. Schwalb, Bruce R. Cordell, Chris Sims, and Steve Townshend, based on original material by E. Gary Gygax and Dave Arneson
You may not assign your rights under these Terms without prior written approval of Allied Games.
- Applicable Law and Venue For Disputes:
These Terms shall be governed by and construed in accordance with the domestic laws of the Province of Ontario, Canada without giving effect to any choice or conflict of law provision or rule (whether of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Province of Ontario. For purposes of any proceeding arising under or with respect to these Terms, the parties submit to the exclusive jurisdiction and venue of the courts of the Province of Ontario and of Canada located in the Superior Court of Ontario in Toronto; and the parties agree not to raise and waive any objection to or defense based on the venue of any such court or based upon forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.
- Contacting Us:
If you have any questions regarding this Agreement, please visit our “Contact Us” page for answers and our contact information or email [firstname.lastname@example.org].