TERMS OF USE
Introduction.
AAW Games, LLC (“AAW Games”) provides through our website, Adventureaweek.com (the “Site”), access to a community and services for people who enjoy roleplaying games, and particularly content developed by AAW Games to be compatible with popular roleplaying systems (the “Services”). Please read the following important terms and conditions (“Terms of Use”) carefully. These Terms of Use and all policies referenced in this document or elsewhere on the Site which are incorporated herein by reference govern your access to and use of the Site and Services. These Terms of Use are a legal agreement between you and AAW Games and apply to you whether you are an Adventureaweek.com Member (defined below) or a visitor just browsing the Site (collectively, “Users”). These Terms of Use limit AAW Games’s liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services.
YOU UNDERSTAND THAT BY PURCHASING A SUBSCRIPTION, BY USING THE SITE, SERVICES OR YOUR AAW GAMES ACCOUNT OR BY POSTING ANY CONTENT ON THE SITE OR VIA THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THESE TERMS OF USE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF USE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT BUSINESS.
Eligibility and Membership.
To access certain features of the Site and Services, you have to become an Adventureaweek.com Member. In order to become an Adventureaweek.com Member, you must be at least 18 years of age and be able to subscribe to the subscription service. You must provide complete and accurate information when subscribing to the Site. You agree to update any information which may impact your continued eligibility to an Adventureaweek.com Member. You authorize AAW Games, either directly or through third parties, to verify information we consider necessary or appropriate to verify information provided to us.
You will not use any password or account you are not authorized to use. You will not provide false information or use a false identity. You are responsible for safeguarding your password and username and agree not to disclose your password to anyone. You agree you are solely responsible for any actions taken under your account, whether or not you authorized those actions.
By subscribing, you will be able to access PDFs and online versions of AAW Games produced third party content (the “AAW Games Content”). As part of subscribing, you will be charged a monthly, recurring fee (the “Subscription Fee”). This fee is refundable at AAW Games’s sole discretion. There is no prorated refund of any fees upon any termination or cancellation. You agree to immediately pay any amounts accrued, but remaining unpaid, as of termination (if any).
You hereby authorize AAW Games to collect fees by charging the credit card you provide to us as part of your AAW Games account information, either directly or indirectly via a third party online payment service, such as PayPal.
Promotions.
AAW Games may offer a promotional trial membership to Users, who sign up with AAW Games with a promotional code (“Participants”). During the trial period, Participants will be granted access to the same Content as Adventureaweek.com Members. Use of the promotional code is limited to the Participant to which it was granted. Participation in the trial period requires providing complete and correct information, including billing information. As no purchase is necessary, Participants will not be charged. However, unless cancelled, the subscription to AAW Games will automatically renew at the end of the trial period, and Participants will be charged a Subscription Fee. From that point forward, Participants will be considered Adventureaweek.com Members.
AAW Games may alter the terms of these promotions at its discretion. Users will be notified in accordance with the notice provisions below.
License.
By accessing the Site or Services, or by becoming an Adventureaweek.com Member, you may be granted access to certain AAW Games Content or other content to which AAW Games owns or holds a license to distribute. You are granted a limited, revocable, non-sub-licensable right to access and use this content solely in connection with your personal and non-commercial use of the Site and Services. Any use of this content other than as specifically authorized by AAW Games is strictly prohibited and will terminate the rights granted herein.
Intellectual Property.
You will not use the Site or Services to offer, download, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of AAW Games or any third party. Some AAW Games Content is produced under Open Gaming Licenses to compatible with either Pathfinder or Dungeons and Dragons Edition 3.5.
Pathfinder is a registered trademark of Paizo Inc., and the Pathfinder Roleplaying Game and the Pathfinder Roleplaying Game Compatibility Logo are trademarks of Paizo Inc., and are used under the Pathfinder Roleplaying Game Compatibility License. Seehttp://paizo.com/pathfinderRPG/compatibility for more information on the compatibility license.
Dungeons and Dragons is a registered trademark of Wizards of the Coast, Inc. and content compatible with Edition 3.5 is produced under the Wizards of the Coast Open Gaming License (the “OGL”). A copy of the OGL can be found at http://www.wizards.com/d20/files/OGLv1.0a.rtf
All use of these trademarks is either under the terms of these licenses or solely fair use, either nominative or descriptive, and is not intended and does not actually imply any sponsorship, endorsement, or financial relationship of any sort.
Disclaimer.
THE SITE, SERVICES, AAW GAMES CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. AAW GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, AAW GAMES CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, AAW GAMES MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, AAW GAMES CONTENT OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL AAW GAMES OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, AAW GAMES CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY AAW GAMES USER, ONLINE OR OFFLINE, WHETHER OR NOT AAW GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AAW GAMES’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $50. AAW GAMES WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SERVICES OR THE SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Force Majeure.
AAW Games will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to AAW Games infrastructure or connectivity to the internet or failure at an AAW Games co-location facility (each a “Force Majeure Event“). Upon the occurrence of a Force Majeure Event, AAW Games will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that AAW Games may reasonably require to recover from the effects of such Force Majeure Event.
Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of these Terms of Use each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract.
Notice; Consent to Electronic Notice.
You consent to the use of (a) electronic means to complete these Terms of Use and to deliver any notices pursuant to these Terms of Use and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by AAW Games via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via email to support(-at-)adventureaweek.com or to such other addresses as AAW Games may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Links to other Websites.
The Site or Services may provide links to websites other than Adventureaweek.com. Such links are provided for reference only, and AAW Games neither controls such websites nor endorses any of the material on any such websites or any association with their operators. AAW Games is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.
Miscellaneous.
In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms of Use (by operation of law or otherwise) without the prior written consent of AAW Games and any prohibited assignment will be null and void. AAW Games may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of Washington excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in Western Washington and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms of Use and the rules, restrictions and policies contained herein, and AAW Games’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and AAW Games. These Terms of Use together with the rules and policies of AAW Games incorporated herein by reference constitute the entire agreement between AAW Games and you with respect to the subject matter of these Terms of Use.