Terms of Service

Effective Date:

Last Updated:

1. Acceptance of Terms

Welcome to Atmostfear Entertainment. This Terms of Service agreement (“Terms”) constitutes a legally binding contract between you (“you,” “user,” “client”) and Atmostfear Entertainment S.A.S. (“we,” “us,” “our”) regarding your use of all our digital and creative services. These services include our website, www.atmostfear-entertainment.com and its network of subsites, our software products (including the Aegis theme and Aegis Pro plugin), hosting services, physical products, newsletters, custom development, and creative agency services (collectively, the “Services”).

By accessing, reading, subscribing to, purchasing from, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Personal Data Processing and Protection Policy and Cookie Policy, which are incorporated by reference into this agreement. If you do not agree to these Terms, you must not access or use our Services.

We reserve the right to modify these Terms at any time. We will provide notice of material changes as described in Section 17. Continued use of the Services after any such changes constitutes your acceptance of the new Terms.

2. User Eligibility

Our Services are intended for a general audience but are not directed at individuals under the age of 18. Due to the nature of our content, which may include reports on violent aspects of history, you must be at least 18 years old to create an account, make purchases, or use our Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement.

3. Intellectual Property Rights

All materials published and contained within the Services—including but not limited to articles, text, photographs, videos, audio clips, graphics, software, code, logos, and trademarks (collectively, “Content”)—are protected by copyright, trademark, and other applicable intellectual property laws. The Content is owned or controlled by Atmostfear Entertainment or the party credited as the provider of the Content.

3.1. Permitted Use

You may download or copy the Content and other downloadable items displayed on the Services for your personal, non-commercial use only, provided that you maintain all copyright and other proprietary notices contained therein.

3.2. Prohibited Uses

Except as expressly permitted, you may not modify, publish, transmit, reproduce, create new works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. Any commercial or promotional distribution, publishing, or exploitation of the Services or any of its Content is strictly prohibited without express prior written permission from us.

3.3. Trademarks

The names, logos, and taglines identifying Atmostfear Entertainment and its products and services are proprietary marks of Atmostfear Entertainment. You may not use these marks without our prior written permission. All other trademarks and service marks on the Services are the property of their respective owners.

3.4. Prohibition on Use for Artificial Intelligence (AI) Training

You are expressly and strictly prohibited from using any Content for the purpose of discovering, learning, training, testing, or otherwise developing any generative artificial intelligence (“AI”) tool, machine learning model, algorithm, or any other artificial intelligence system, without our explicit prior written consent. This prohibition includes, but is not limited to, web scraping, text and data mining, or any other automated or manual process to extract Content for use in any AI-related system.

4. Registration and Account Security

To access certain features of the Services, you may be required to register for an account. By registering, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update your registration data to keep it true, accurate, current, and complete.

You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

5. User Content and Prohibited Conduct

5.1. Your License to Us

If you post, upload, or otherwise submit any content to the Services, such as comments or forum posts (“User Content”), you grant Atmostfear Entertainment a perpetual, nonexclusive, worldwide, royalty-free, sub-licensable license to your User Content. This license allows us to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt your User Content in any form or media now known or hereafter developed.

5.2. Your Responsibility for User Content

You are solely responsible for your User Content. You represent and warrant that you own or have the necessary rights to your User Content and that its submission and our use of it will not infringe on the rights of any third party. While we reserve the right to monitor User Content, we have not reviewed, and cannot review, all material posted to the Services, and cannot therefore be responsible for that material’s content, use, or effects.

5.3. Prohibited Conduct

You agree not to use the Services to engage in any of the following activities:

  • Posting, uploading, or distributing any User Content that is unlawful, defamatory, libelous, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
  • Impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity.
  • Transmitting any viruses, corrupted data, or other harmful, disruptive, or destructive files or code.
  • Violating the rights of any party, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
  • Attempting to interfere with the proper working of the Services, including by circumventing or attempting to circumvent any filtering, security measures, rate limits, or other features designed to protect the Services or third parties.
  • Using any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data.

We reserve the right, but not the obligation, to monitor, edit, or remove any User Content and to terminate or suspend users for any conduct that we, in our sole discretion, believe violates these Terms.

6. General Representation and Warranty

You represent and warrant that your use of our Services will be in strict accordance with these Terms, our policies, and with all applicable laws and regulations (including, without limitation, any local laws in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Colombia or the country in which you reside).

7. Feedback

If you provide us with any feedback, ideas, or suggestions regarding our Services (“Feedback”), you grant us a worldwide, royalty-free, perpetual, and irrevocable right to use, implement, and share such Feedback for any purpose, without any compensation or obligation to you.

8. Subscriptions and Payments

8.1. Subscriptions

Some of our Services require a paid subscription. By subscribing, you agree to pay the applicable subscription fees, along with any taxes.

8.2. Billing

We will bill you through the payment method you select. All subscriptions are recurring and will automatically renew for the same period unless you cancel your subscription before the renewal date.

8.3. Price Changes

We reserve the right to change our subscription plans or adjust pricing for our Services in any manner and at any time as we may determine in our sole and absolute discretion. We will provide you with reasonable prior notice of any price changes.

8.4. Free Trials

We may offer free trial subscriptions. If you do not cancel during the free trial period, you will be automatically billed for the subscription once the trial period ends.

8.5. Cancellations

You may cancel your subscription at any time. The cancellation will take effect at the end of the current billing period. We do not provide refunds or credits for any partial subscription periods, except as required by law.

9.1. Shipping and Delivery (Physical Products)

We will make commercially reasonable efforts to ship your products within the estimated delivery times provided at checkout. However, these times are not guaranteed. The risk of loss and title for all items purchased pass to you upon our delivery to the carrier. We are not responsible for any shipping delays, loss, or damage that occurs after the product has been handed over to the carrier.

In accordance with the Colombian Consumer Statute (Law 1480 of 2011), all our new products and services are covered by a legal guarantee.

  • Physical and Digital Products: New products, including physical goods and our Aegis Pro plugin, have a legal guarantee for defects in quality, suitability, or security.
  • Services: Services, such as hosting, have a legal guarantee.
  • Procedure: If a product is defective during the guarantee period, you have the right to request, in the first instance, the free repair of the product. If the product does not admit repair, you may request its replacement with a new product or a full refund of the price paid. To make a guarantee claim, please contact us through our official support channels. This legal guarantee is separate from the Right of Withdrawal (see Section 10).

10. Right of Withdrawal (Derecho de Retracto)

In accordance with Article 47 of the Colombian Consumer Statute (Law 1480 of 2011), you have the right to withdraw from your purchase of goods or services acquired through our e-commerce channels.

10.1. Term

You may exercise this right within five (5) business days following the delivery of a physical product or the date of purchase for a digital service that has not yet begun.

10.2. Procedure

To exercise this right, you must notify us through our official contact channels. You must return physical products under the same conditions in which you received them. The costs of transportation and any others involved in the return of the goods will be covered by you.

10.3. Exceptions

The right of withdrawal does not apply to the following cases, among others specified by law:

  • Contracts for the provision of services where the service has already begun with your agreement (e.g., a hosting plan that is already active).
  • Contracts for the supply of goods made to your specifications or clearly personalized.
  • Contracts for the acquisition of goods that, by their nature, cannot be returned or may deteriorate or expire rapidly.
  • Contracts for the supply of digital content (like our Aegis Pro plugin) once the download or use has begun.

10.4. Refund

If you exercise this right and it is applicable, we will refund all sums paid, without making discounts or withholdings for any reason, within a maximum period of thirty (30) calendar days from the moment you exercised the right.

11. Software License, Support, and Updates

11.1. License Grant

When you purchase and/or download our software, including the Aegis Pro plugin, we grant you a limited, non-exclusive, non-transferable, revocable license to use the software for your own personal or business purposes, subject to these Terms. You agree not to copy, modify, distribute, sell, or lease any part of our software, nor may you reverse engineer or attempt to extract the source code, except as laws prohibit these restrictions. The use of our software is subject to Colombian copyright law, including Law 23 of 1982.

11.2. Support and Updates

  • Aegis Theme: The free version of the Aegis theme includes lifetime access to updates but does not include dedicated product support.
  • Aegis Pro: Your purchase of the Aegis Pro includes one (1) year of access to product support and updates from the date of purchase.

12. Hosting Services

If you purchase hosting services from us, the following terms apply:

12.1. User Responsibility

You are solely responsible for all content, data, and materials that you upload, post, or otherwise transmit via the hosting services. You are also responsible for maintaining backups of your content.

12.2. Acceptable Use

You agree not to use the hosting services to host or transmit any content that is illegal, infringes on the intellectual property rights of others, contains malicious code, or otherwise violates our Prohibited Conduct policy (Section 5.3). We reserve the right to suspend or terminate hosting services for any site that, in our sole discretion, violates these terms.

12.3. Our Role

We provide the infrastructure and platform for you to host your website. We do not monitor or exercise editorial control over the content of your site and will not be held responsible for any of your content.

12.4. Service Level Agreement (SLA)

We guarantee a 99.9% uptime for our hosting services, calculated on a monthly basis. “Uptime” refers to the percentage of time in a month that the hosting server is available to serve content. This guarantee excludes downtime resulting from scheduled maintenance, your actions or omissions, or force majeure events. If we fail to meet this guarantee, you may be eligible to receive a service credit, calculated as a percentage of your monthly hosting fee, upon request.

13. Custom Development and Creative Services

This section governs our project-based services, including custom website development, digital design (illustrations, photography, audio, video), and content writing (“Creative Services”).

13.1. Statement of Work (SOW)

All Creative Services will be governed by a separate Statement of Work, proposal, or contract (“SOW”) agreed upon and signed by both parties. The SOW will detail the specific scope of work, deliverables, timelines, and fees for the project. These Terms will apply to all SOWs and are incorporated therein by reference.

13.2. Client Responsibilities and Delays

The client agrees to provide all necessary content, materials, brand assets, and feedback in a timely manner as required for the project’s progression. If a client’s delay in providing materials or feedback impacts the project timeline, we reserve the right to adjust the project schedule. If a delay exceeds thirty (30) days, we may pause the project and require a restart fee to resume work.

13.3. Revisions and Change Orders

The fees outlined in the SOW include up to two (2) rounds of revisions for the specified deliverables. Any additional revisions, or any work requested that falls outside the scope defined in the SOW, will be considered a “Change Order.” All Change Orders will be subject to additional fees and must be approved in writing by both parties before the additional work is performed.

13.4. Intellectual Property for Custom Work

  • Final Deliverables: Upon our receipt of full and final payment from the client, we grant and transfer to the client all rights, title, and interest in the final, approved deliverables created specifically for the client as part of the project.
  • Our Pre-existing Property: We retain all rights, title, and interest in and to our pre-existing materials, know-how, methodologies, software (including the Aegis theme and Aegis Pro plugin), and tools used to create the deliverables. For websites, the client owns the custom visual design and content, but the underlying software is licensed to the client under its respective terms.

14. Advertising, Sponsored Content, and Affiliate Links

14.1. Sponsored Posts

This section governs any individual or entity (“Sponsor”) that purchases a sponsored post.

  • Disclosure: All sponsored content will be clearly and conspicuously identified as advertising to our readers (e.g., with a “Sponsored” label). This is a non-negotiable condition required to comply with the Colombian Consumer Statute.
  • Sponsor Liability: The Sponsor is solely responsible for the accuracy and legality of the content provided and must indemnify Atmostfear Entertainment against any claims arising from it.
  • Right to Remove: We reserve the right to immediately remove any sponsored content that is the subject of a legal claim or, in our sole discretion, violates our standards.

14.2. Advertising Placement

We may display third-party advertisements (e.g., banners, links) on our Services. We reserve the right to approve or reject any advertisement at our sole discretion to maintain the aesthetic and content relevancy of our site. The advertiser is solely responsible for the content of its ads and for ensuring they comply with all applicable laws.

Some of our content may include affiliate links. If you click on an affiliate link and make a purchase, we may receive a commission. This commercial relationship will be clearly disclosed to our readers in accordance with our Affiliate Disclaimer.

Atmostfear Entertainment respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on our Services.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated agent for notice of claims of copyright infringement can be reached via email at: legal@atmostfear-entertainment.com with the subject line “Copyright Complaint.”

16. Disclaimers and Limitation of Liability

16.1. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. YOU USE THE SERVICES AT YOUR OWN RISK.

16.2. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATMOSTFEAR ENTERTAINMENT, ITS AFFILIATES, AND ITS EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.

Our Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of such third-party services.

17. Indemnification

You agree to defend, indemnify, and hold harmless Atmostfear Entertainment, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.

18. Termination

We may terminate or suspend your account and access to the Services, in our sole discretion, at any time and without notice or liability to you, for any reason, including but not limited to your breach of these Terms. You may cancel your account at any time by contacting us or through your account settings.

19. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide you with prominent notice, such as by posting a notice on our website or sending you an email, and we will update the “Last Updated” date at the top of this document. Your continued use of the Services after such changes become effective constitutes your binding acceptance of the new Terms.

20. Governing Law and Jurisdiction

This Terms of Service agreement and any disputes related to it shall be governed by and construed in accordance with the laws of the Republic of Colombia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Bogotá, D.C., Colombia, to resolve any legal matter arising from these Terms.