The terms of this agreement (“Terms of Service”) govern the relationship between A & S Entertainment Inc. (hereinafter “ASE”, “us” or “we”) and each player and/or user (“User” or “you”). The Terms of Service govern your use of ASE’s website, related webpages, online games, any content or product made available through the website or the game launcher (individually and collectively, the “Services”). Use of the Services is also governed by ASE’s Privacy Policy, which is an integral part of the Terms of Service and incorporated herein by reference.
BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THE TERMS OF SERVICE BELOW, OR BY USING THE SERVICES, YOU CONFIRM THAT YOU HAVE CONSULTED AND ACCEPTED THE TERMS OF SERVICE AS WELL ASE’s PRIVACY POLICY AVAILABLE AT www.aliceandsmith.com/privacy-policy/.
In addition, when using any or all of the Services, you shall be subject to other terms applicable to such services, features or purchases that may be posted from time to time. All such terms are incorporated by reference into these Terms of Service. As a User, your use of any or all of the Services, indicate that you accept the Terms of Service, our Privacy Policy and other applicable terms depending on the Service you use including without limitation the terms of sale (“Terms of Sale”) of third party providers and other “game rules” and that you agree to comply with them fully.
These Terms of Service are also made available via stores that you download our games from (such as Steam, GreenMan Gaming etc.), on any website or platform where you can play our games. By installing, using or otherwise accessing the Services, you agree to these Terms of Service and Privacy Policy.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF SERVICE, YOU MUST CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THESE TERMS OF SERVICE AND/OR IMMEDIATELY CEASE USING THE SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF SERVICE,YOU MAY NOT BE ABLE TO ACCESS THE SERVICES (OR ANY PART THEREOF).
ASE reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms in the Terms of Service. You will be deemed to have accepted such changes by continuing to use the Services after the Terms of Services have been updated. We recommend that you consult the Terms of Service and the Privacy Policy regularly to stay informed about any updates to the Terms of Services. If at any point you do not agree to any portion of the then-current version of our Terms of Service or Privacy Policy, you must immediately stop using the Services.
The Services are for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by the Terms of Service, you may not sell or exchange anything you copy or derive from the Services. As long as you comply with the Terms of Service, ASE grants you a personal, non-exclusive, non-transferable, limited right during the term of these Terms of Service to enter, use, perform, and display the Services and everyone on it. You agree not to interrupt or attempt to interrupt the operation of the Services in any way.
In order to access and use certain Services such as an ASE game you may be required to create an account with ASE (the “Account”). If you have questions about Account registration, please contact us at info@aliceandsmith.com. You are responsible for obtaining (at your own cost) all necessary devices and telecommunications services required to access the Services.
Only “natural persons”, as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships) can create an Account. By entering into the Terms of Service and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside and that you meet our age criteria to do so. You agree to comply with these Terms of Service on behalf of yourself and, at your discretion, any other person (including, but not limited to, any minor children for whom you are the parent or legal guardian) whom you have authorized to play any ASE game using your Account. You further agree that you are solely responsible and entirely liable for all activities conducted through the authorized use of your Account, and you are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of these Terms of Service and any and all other applicable terms.
To create an Account, you must have a valid email address and provide truthful and accurate information. You must be eligible to use the Services for which you are registering. Some Services may require creation of a “username” or a “persona”. Usernames and personas are tied to your Account. You may not use a username or persona that is used by someone else, is vulgar or offensive, violates anybody’s trademark or similar rights, or otherwise violates any of the Terms of Service. ASE reserves the right to block or remove any “username” or “persona”, if the use thereof violates any of the Terms of Service, laws or regulations, including, without limitation, personality rights, rights of privacy, or trademarks.
You are also responsible for all unauthorized activity on your Account to the extent that it is caused by your failure to safeguard your Account’s access credentials. Your Account may be suspended immediately and/or terminated after a notice of breach if someone else uses it to engage in activity that violates these Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. We will not ask you to reveal your Account password, or initiate contact with you asking for answers to your password security questions.
You agree to supply true, accurate, up-to-date and complete personal information and make any necessary changes to keep your personal information up-to-date. If any contact details (including without limitation, username and e-mail address) change, you agree to notify ASE in writing within thirty (30) days of such change or to make the necessary changes through your Account.
You shall not claim to be any other person or entity and shall not represent your identity or an affiliation with any other person or entity in an inaccurate way, including by using the username, password or any other information relating to someone else’s Account or the name, likeness, voice, image or photograph of another person or by providing false information concerning a parent or legal guardian when prompted to do so during the registration process.
You acknowledge and accept that ASE may take action to check the accuracy of the information you provide, including by carrying out undefined checks of any landline or mobile telephone number and/or e-mail address you have given for a parent or legal guardian when applicable. In order to protect other Users and prevent risks of fraud, you agree to send the necessary authorizations and supporting documents to ASE upon request by e-mail, fax or post. The documents requested may include a copy of your national identity card or your passport.
If you provide any information that is false, inaccurate, outdated or incomplete, or ASE has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, ASE has the right to suspend or terminate your Account and prohibit any and all current or future use of the Services (or any portion thereof) by you.
You also agree to inform ASE as quickly as possible of any unauthorized use of your username, password or other information concerning your Account or of any other security violation concerning or involving the Services which comes to your attention by contacting us at info@aliceandsmith.com.
For some Services, you may make purchases, whether you shop on ASE website(s) or directly in-game. When you do this, you agree that ASE may share your personal data with third parties, companies or organizations, which may collect and process your personal data in order to proceed with online credit card transactions, delivery, discounts and promotional gifts. To make a purchase on ASE website and process your online payment, you may be asked to provide the following information to a payment provider: your name, your address, your e-mail address, your country of residence and your banking details (i.e. your credit card number, the name of the credit card owner, the expiration date and security code). This information may be stored in ASE’s premises, or, when relevant, in a third parties’ premises. Such storage is necessary to allow ASE to manage internal accounts, checking, accounting, compliance, and for legal purposes, in accordance with our PRIVACY POLICY. In some instances, you may be asked to give your telecommunications provider’s name, your cell phone model and a valid phone number in order to provide you with purchasing instructions directly via your cell phone.
You must not use the Services (this includes our website, webpages and games) in any improper or unlawful manner or in breach of any legislation or license that applies to you. Without limiting the foregoing, you must not use the Services in any of the following ways:
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the Services (whether or not such third parties are registered users of the Services) and for the employees and representatives of ASE.
You must also obey all national and local laws, regulations and rules that apply to your activities when you use the Services. ASE reserves the right to suspend the use of your Account and terminate your Account after notice of breach and to prevent your use of any and all Services if your Account is used to engage in illegal activity or in violation of these Terms of Service.
If you encounter another user who is violating any of the aforementioned rules of conduct, please report this activity to ASE by contacting info@aliceandsmith.com.
Program assisted brute-forcing, hacking of site infrastructure (wp-admin, server, etc) is not allowed under any circumstances.
If an item is meant to be accessible, it will be so by virtue of hints pointing to this fact.
If there is a suspicion that a given area should be accessible, manual – not assisted – attempts are allowed, and this includes manual brute-forcing attempts, but not program assisted attempts.
These guidelines are in place to help ensure the experience is enjoyable for everyone; automated attacks stress servers immensely and discovering a login by virtue of automated attacks could quite easily lead to gaps in reasoning that may be crucial for later stages.
In addition, they are also there to help prevent players from moving outside the confines of what is lawfully permitted; again, hints to what is and what isn’t part of the game are crucial in these respects and ignoring or going beyond these could quite easily land Agents outside of the law.
Failure to comply with these guidelines and repeated attempts will be interpreted as malicious intent to either belittle the experience of others, or to gain an unfair advantage not intended to be had by the game.
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may need to pay ASE. You may have to use your phone to solve some mission or go in a live event if applicable. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
Third party web sites are in no way approved, vetted, checked or endorsed by us and you agree that we will not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such third party web sites.
Links to such third party web sites do not necessarily imply that we or any of the ASE Services are affiliated to or associated with such third party web sites or the operators of such third party web sites.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY THIRD PARTY WEB SITES WHICH YOU MAY ACCESS THROUGH ANY OF ASE SERVICES OR ANY SERVICE THAT ARE PROVIDED BY ANY SUCH THIRD PARTY WEBSITES.
If you decide to visit any third party web site, you do so at your own risk. In addition, your use of any third party web site may be subject to your acceptance of such third party web site’s own terms and conditions, which we suggest you read carefully before proceeding.
“ASE Content” includes (1) software, software updates or patches, or other utilities and tools from ASE or its licensors (“ASE Software”) and (2) other text and audio visual material, the design and appearance of the Game and the Website. The foregoing includes, without limitation, computer code, titles, objects, artifacts, agents names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, user Accounts, and methods of operation.
“UGC” is user generated content provided by you or other users of the ASE Services. ASE does not pre-screen any UGC and does not endorse or approve any UGC that you and other users may contribute to any of the ASE Services.
ASE reserves the right to remove UGC that is illegal, contrary to these Terms of Service or objectionable to us for any reason. ASE does not assume any responsibility or liability for UGC.
You are solely responsible for your UGC and may be held liable for UGC that you post.
You must have the legal right to upload UGC to the ASE Services. You may not upload or post any UGC on any of the ASE Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that UGC. ASE may, without prior notice to you, remove any UGC that in ASE’s reasonable opinion may infringe the intellectual property rights of a third party. If you infringe ASE’s or a third party’s intellectual property rights, ASE may terminate your Account after notifying you of your breach of these Terms of Service. If your Account is terminated for your breach, you may lose access to the entitlements and assets associated with your Account.
ASE Content is owned by ASE or ASE’s licensors and is protected by Canadian and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any ASE Content from any of the ASE Services unless expressly authorized by us in writing or the ASE Terms.
You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices affixed to any ASE Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of ASE Content. ASE reserves all rights in ASE owned and licensed ASE Content that are not expressly granted to you in these Terms of Service. You acknowledge that ASE and/or our third party licensors remain the owners of all of the ASE Content included on the ASE Services, and that you do not acquire any of those ownership rights by downloading any of the ASE Content or accessing any of the ASE Services.
Making unauthorized copies of any of the ASE Content may result in the termination of your Account(s) after notice of breach, you being prohibited from using any of the ASE Services, and further civil or criminal legal action being brought against you by us and/or our third party licensors. ASE Content owners may take criminal or civil action against you for unauthorized use of their intellectual property.
ASE grants you a non-exclusive, limited license to use the ASE Software solely for the purpose stated by ASE at the time the ASE Software is made available to you. If a EULA is provided with the ASE Software, your use of the ASE Software is subject to the terms of that EULA and applicable law. You may not sub-license, or charge others to use or access the ASE Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the ASE Software. You may not modify the ASE Software or use it in any way not expressly authorized in writing by ASE. You understand that ASE’s introduction of various technologies may not be consistent across all platforms and that the performance of ASE Software and related ASE Services may vary depending on your computer and other equipment.
From time to time, ASE may provide you with updates or modifications to the ASE Software. You understand that certain updates and modifications may be required in order to continue the use the ASE Software and the ASE Services.
In exchange for ASE enabling you to contribute UGC or use ASE Fansite Content or ASE Services, when you contribute UGC to an ASE Service or use any UGC in connection with any ASE Fansite Content, you expressly grant to ASE a non-exclusive, perpetual, worldwide, complete, unconditional and irrevocable right to quote, re-post, use, copy, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion or any derivative work thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant ASE all licenses, consents and clearances to enable ASE to use such UGC for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such UGC.
If the ASE Service on which you contribute any UGC permits other users to access and use that contributed UGC as part of the ASE Service (ex: wiki), than you also grant all other users of the relevant ASE Service the non-exclusive, perpetual, worldwide, complete, unconditional and irrevocable right to quote, re-post, use, copy, reproduce, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed UGC on or through the relevant ASE Service without further notice, attribution or compensation to you.
ASE places a particular value on its interaction with its customers and fans, and the The Black Watchmen community. However, without an ASE submission agreement having been executed by the submitting party in advance, neither ASE nor any of its employees and/or contractors may accept or consider any unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to ASE or its employees and/or contractors without first contacting info@aliceandsmith.com to obtain a copy of the ASE submission agreement, and returning it signed to AS. ASE reserves the right to refuse to enter into an ASE submission agreement with anyone.
If you do submit your Unsolicited Ideas to ASE or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant AS, and its designees a worldwide, perpetual, unconditional, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you.
To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to ASE as specified above are valid, effective and enforceable. You also give up any claim that any use by ASE and/or its licensees of your Unsolicited Ideas violates any of your rights, including, but not limited to, moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
Solely in connection with your fansite or your fansite pages dedicated to any of the ASE Services, we may (in our sole discretion) grant you, on a non-exclusive and non-sublicensable basis, permission to reproduce and redistribute on the fansite to end users, certain ASE Services-related images, graphics or artwork (the “ASE Fansite Content”) and certain ASE trademarks and logos (the “ASE Marks”) that ASE may expressly designate “for fansite use” on the Website (or in separate electronic or written communications to you) so long as you comply with the terms and conditions described herein. You acknowledge and agree that ASE shall have the right to amend, delete, add to, or otherwise modify any ASE Fansite Content used or accessed by you, without prior notice.
As the operator of an independent, unaffiliated web site, you will have sole editorial control over your fansite, except that you represent and warrant to ASE that your fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of any of the ASE Services, or ASE, or its officers or employees. If at any time you post such material, ASE may terminate the license set forth in this Section. Your ownership of the fansite excludes the ASE Fansite Content, the ASE trademark and any derivative works based upon, or including the ASE Fansite Content and/or ASE trademark. The fansite is not a joint, collective or collaborative work under any applicable laws.
You agree to include ASE’s trademark, copyright or other proprietary rights notices, as provided on the Website, when displaying any ASE Fansite Content or ASE trademark, and agree to comply with any usage guidelines that may be provided by ASE from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of ASE Fansite Content or ASE trademark, including in digital form; nor challenge AS’s or its licensors’ ownership of the ASE Fansite Content or ASE trademark, nor use or adopt any trademarks that might be confusingly similar to such ASE trademark.
Under no circumstances will ASE be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages, including lost profit or lost revenues, of any kind in connection with your use of any ASE Fansite Content and/or ASE Marks. ASE reserves the right in its sole discretion to expressly refuse to grant any particular operator of a fansite with the permissions set out in this Section, or to revoke any such permissions at any time.
ASE may elect to record or film interviews with you and to create other audio-visual material depicting you during events organized by ASE (“ASE Event”), either separately or during trade shows, conventions, and similar events. You hereby consent that ASE may use your likeness and voice on such audio-visual materials for documentary, marketing, and advertising purposes in any and all media now known or hereafter devised in perpetuity throughout the universe, without any compensation due to you. If you do not wish to grant such permission, please do not participate in the ASE Events and decline to be interviewed.
We may from time to time offer entry into competitions and prize draws through the Services,, and these may be subject to additional terms and conditions. Where such additional terms and conditions apply, this will be clearly notified to you and a link will be provided in order for you to read and accept the relevant terms and conditions before you enter the competition or prize draw. By participating in any such competitons, prize draws or similar promotions, you will become subject to those rules, which may vary from these Terms of Service set forth herein, and which are incorporated into these Terms of Service. ASE urges you to read the applicable rules, which may be linked from the particular activity, and to review our Privacy Policy, which in addition to these Terms, governs any information you submit in connection with such activities.
NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES OUR LIABILITY FOR ANYTHING THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAMES, THE WEBSITES, OR ANY OF THE ASE SERVICES, THE ASE SOFTWARE, AND THE INTERNET IS AT YOUR OWN RISK.
ASE SERVICES, ASE SOFTWARE, ASE’S PRODUCTS AND THIRD PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
ASE PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE ASE SERVICES (OR ANY PART THERE OF) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ASE WILL HAVE ADEQUATE CAPACITY FOR THE ASE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE ASE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES AVAILABLE VIA THE ASE SERVICES, IS AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT ASE, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY OF THE ASE SERVICES OR USE OF THE ASE SOFTWARE. IN NO CASE SHALL ASE OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY WITH AS, THE “ASE AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO ASE FOR THE ASE SERVICES. SAVE AS SET OUT IN THESE TERMS OF SERVICE, NONE OF THE ASE AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT, GENERAL, INCIDENTAL, INJURIES OR DEATH, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF THE ASE SERVICES, THE ASE SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ANY OF THE ASE SERVICES OR YOUR ACCOUNT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE ASE AFFILIATES ’LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ASE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE ASE SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF ANY SUCH PRODUCTS OR SERVICES.
Upon ASE’s request, you agree to defend, indemnify and hold harmless each of the ASE Affiliates and ASE’s vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service, or any other ASE Terms, for which you are responsible or in connection with your communication and activity on the ASE Services, including, without limitation, your distribution of any UGC on or through the ASE Services. Without limiting the generality of the foregoing, you agree to indemnify and hold ASE harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.
ASE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to ASE in that matter.
ASE MAY FIND IT NECESSARY TO MAKE UPDATES OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE ASE SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. ASE RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES PROVIDED.
ASE may immediately suspend or terminate your Account(s) (and access to all related entitlements) or any access for an ASE Service after notifying you of your breach of these Terms of Service, or any illegal or improper use of any of your Account(s), or your illegal or improper use of the ASE Services, products, or AS’s Content. You may lose your user names and personas as a result of your Account(s) being terminated. If ASE terminates your Account(s), you may not participate in an ASE Service again without AS’s express permission. To participate in an ASE Service after such termination, contact us at info@aliceandsmith.com. ASE reserves the right to refuse to keep Accounts for, and provide any of the ASE Services to, any individual. You may not allow individuals whose Accounts have been terminated by ASE to use your Account.
If your Account, or a particular subscription for an ASE Service associated with your Account, is terminated for your breach, no refund will be granted; no online time or other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account (or to any related entitlements associated with your Account or the particular ASE Service).
You have the right to cancel your Account at any time. To do so, please contact info@aliceandsmith.com. After you have cancelled your Account, ASE may delete all your Account information and UGC. No refund will be granted; no online time or other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account (or to any related entitlements associated with your Account or the particular ASE Service).
ASE reserves the right to collect fees, surcharges or costs incurred before you cancel your Account to an ASE Service. You are also responsible for any amounts owed to third party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with any of the ASE Services must be settled before you establish a new Account.
You hereby acknowledge and agree that ASE would suffer irreparable harm if these Terms of Service or any of the ASE Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that ASE shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of these Terms of Service or any other ASE Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with these Terms of Service or the ASE Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all of the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service or any other ASE Terms (“Dispute”), you and ASE agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 (thirty) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one party to the other. ASE will send its notice to your billing address (if provided) and email you a copy to the email address that is registered to your Account. You agree to send your notice to Alice and Smith, 780 Brewster avenue, suite 400, Montréal QC. Canada, H3K1G6 :Attn: Legal Department with a copy via email to info@aliceandsmith.com
Third Parties. You agree that neither these Terms of Service nor any of the ASE Terms are intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Service and the ASE Affiliates.
Severability. If any provision in these Terms of Service is held invalid or unenforceable the remaining provisions of these EULA shall remain in full force and effect. If any provision in these Terms of Service is held invalid or unenforceable, that provision shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of ASE.
Waiver. The failure of ASE to exercise or enforce any right or provision contained in these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in a writing signed by ASE.
Force Majeure. ASE shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ASE, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond ASE’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Remedies by ASE: All remedies, cures and other legal measures by ASE set forth herein are in addition to, not in lieu of, all remedies, cures and other legal measures provided for by applicable law. ASE hereby expressively reserves its right to enforce all remedies, cures and other legal measures available under applicable law.
Governing Law. These Terms of Service shall be governed and construed by the laws of Quebec, Canada. The competent courts of Quebec, Canada shall have the non-exclusive right to hear any dispute or claim arising out of or in connection with these Terms of Use. These Terms of Service and any posted rules or instructions regarding a particular activity, poll, prize draw or contest constitute the entire agreement between you and ASE relating to your rights and obligations in the use of ASE Services. If there is any conflict between these Terms of Service, any applicable EULA, the Privacy Policy, and any other rules or instructions posted on any of the ASE Services, ASE shall resolve the conflict in its sole discretion.
If you would like to contact us or submit a comment about any of our Services, please contact us at:
A & S Entertainment Inc.
4E-780 Brewster avenue
Montreal, Quebec H4C 2K1
Canada
Email: info@aliceandsmith.com
