Home / Legal / Terms of Service

Terms of Service

Terms of Service
© Photograph by Maryna Khomenko

Introduction

This website is operated by Atmostfear Entertainment S.A.S.. Throughout the website, the terms “we”, “us” and “our” refer to Atmostfear Entertainment S.A.S.. Atmostfear Entertainment S.A.S. offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


1. Account Registration

You must be at least 13 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

You may access areas of the AE Digital Medium that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

By registering on the AE Digital Medium, you agree that:

(i) your account and password are personal to you and may not be used by anyone else to access the AE Digital Medium;

(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the AE Digital Medium; and

(iii) you will not create registration accounts to abuse the functionality of AE Digital Medium, or other users; nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.


2. Termination of registration

If you no longer wish to have a registered account, you may terminate your account by using our contact form. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the AE Digital Medium. Continued use of the AE Digital Medium indicates your continued acceptance of these terms of service and conditions of use.

If for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of AE Digital Medium immediately and without prior notice.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.


3. User content

We do not own any data, information or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.


4. Adult content

Please be aware that there may be certain adult or mature content available on the Website. A warning will be shown to the User prior to adult content being displayed. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If we learn that anyone under the age of 18 seeks to conduct a transaction through the Services, we will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of the Website may not be available to children under 18 under any circumstances.


5. Use of material appearing on our pages

Your use of the AE Digital Medium is for your own personal and non-commercial use only. You acknowledge that, as between AE and you, unless otherwise stated, user content and advertisements (as discussed below), AE is the sole owner of all content on the AE Digital Medium, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the AE Digital Medium (“AE Digital Medium Content”). The AE Digital Medium and the AE Digital Medium Content are protected by the copyright laws and other intellectual property laws of the Colombia, Portugal, United Kingdom, the United States of America and Australia and are protected globally by applicable international copyright treaties.

You may download and print extracts from the AE Digital Medium Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any AE Digital Medium Content for any other purpose without our prior written approval. Except as expressly authorised by the AE, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the AE Digital Medium.

If you wish to use our content other than as permitted by these terms of service and conditions of use, please contact us using the correspondence formulary. If you operate a news aggregation service that charges a subscription fee to its users, then you need to approach us directly to discuss your licensing requirements.


6. Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.


7. Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.


8. Disclaimer of liability

To the extent permitted by law, we do not accept any responsibility for any statement in the AE Digital Medium Content. Nothing in the AE Digital Medium Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the AE Digital Medium Content or any part of it. You can access other websites via hyperlinks from the AE Digital Medium. These sites are not under our control, and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the AE Digital Medium or the AE Digital Medium Content. In particular, we do not warrant that the AE Digital Medium or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the AE Digital Medium, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

If you are accessing the AE Digital Medium from the United States of America or Australia, the additional disclaimers and limitations of liability in Sections 16 and 17 and apply.


9. Third-party services

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Atmostfear Entertainment S.A.S. with respect to such other services. Atmostfear Entertainment S.A.S. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Atmostfear Entertainment S.A.S. to disclose your data as necessary to facilitate the use or enablement of such other service.


10. Third-party advertising

You will see advertising material submitted by third parties on the AE Digital Medium. Each advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

If you want to advertise on the AE Digital Medium, please be aware that we provide an order formulary for online creatives placement, where you will be able to place an order and then, be contacted by the advertising sales team.


11. Online Submission

All submissions must be made via our online submission form. Authors can upload manuscript files (text, figures, and videos) directly to our editorial office and check on the status of their manuscripts during the review process. In addition, reviewers can access the manuscript (in a highly secure fashion that maintains referee anonymity) over a direct internet link, which speeds up the review process. Please consult our technical information on file formats and tips for using the system efficiently.

When submitting your manuscript, please note that there are restrictions on the types of files that you are able to upload. This will enable a faster production process. Accepted article and figure types are as follows:

  • For Article Text — txt, doc, docx, tex
  • For Figures — eps, tif, and jpeg

If your paper does not include formulas, we strongly encourage you to submit your paper in txt, doc or docx rather than tex.


12. Submission policies

Submission to Atmostfear Entertainment is taken to imply that the submitted manuscript has not already been published elsewhere. If similar or related work has been published or submitted elsewhere, then the authors must provide a copy of the proposed article. Authors may not submit elsewhere while the manuscript is under consideration at Atmostfear Entertainment.

The primary affiliation for each author should be the institution where the majority of their work was done. If an author has subsequently moved, the current address may also be stated. Atmostfear Entertainment remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

If the manuscript includes personal communications, please provide a written statement of permission from any person who is quoted. E-mail permission messages are acceptable.

The corresponding author is alerted when a proof of the paper is ready. Contributors will be able to correct significant errors or inaccuracies in the title or author list, but Atmostfear Entertainment reserves the right to limit the scope of changes.

Atmostfear Entertainment reserves the right to reject a paper even after it has been accepted if it becomes apparent that there are severe predicaments with the content or with violations of our publishing policies.

For information relating to submission of a competing financial interests statement, pre-publication publicity, deposition of data as a condition of publication, availability of data after publication, human and animal subjects, digital image integrity, biosecurity, corrections and retractions, duplicate publication, confidentiality and plagiarism, please visit the editorial and publishing policies of Atmostfear Entertainment.


13. Writers Content

Users of our site may be permitted to submit content for publication in various areas of the AE Digital Medium. Interactions with our medium are governed by our Community Standards and Participation Guidelines accessible online, which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms of service and conditions of use, if you choose to publish any content or comments on the AE Digital Medium.

When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the AE Digital Medium.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual, worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

You acknowledge and agree that when you post content on the AE Digital Medium or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of AE, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the AE Digital Medium.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.

We accept no liability in respect of any content submitted by users and published by authorised third-parties or by us.

You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to

(i) post content which is deliberately intended to upset or harm other users;

(ii) use the AE Digital Medium to publish or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability;

(iii) publish or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the AE Digital Medium or any computer software or hardware or telecommunications equipment;

(iv) upload or otherwise transmit any content, or take any other actions concerning your use of the AE Digital Medium, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or

(v) use the AE Digital Medium for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of the AE Digital Medium may involve

(i) transmissions over various networks; and

(ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. AE assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the AE Digital Medium.

If you are under sixteen-years-old, you confirm that you have the permission of your parents or custody guardian to submit content.

Any queries regarding copyright and your content should be directed in the first instance by using our contact formulary.


14. Ethics policy

We expect all prospective authors to read and understand our Ethics Policy before submitting any manuscript to this journal. This policy details the responsibilities of all authors, editors and reviewers working with and for Atmostfear Entertainment as well as our own ethical responsibilities. This includes, but is not limited to, plagiarism, falsification of data, misuse of third party material, fabrication of results and fraudulent authorship.

Please note that submitted manuscripts may be subject to checks using the iThenticate service, in conjunction with CrossCheck, in order to detect instances of overlapping and similar text. The iThenticate software checks submissions against millions of published research papers, documents on the web, and other relevant sources. If plagiarism or misconduct is found, consequences are detailed in the policy.


15. Mobile Applications

You may download individual AE mobile applications (“AE Mobile Medium”) either from AE Digital Medium or third-party online application webstores or webshops. All of these terms apply to the maximum extent relevant to your use of the AE Mobile Medium (and in particular, the terms of section 06 apply where you are using an application to submit user content to the AE Digital Medium).

In addition to the limitations on our liability set out in Section 4, 16 and 17, we shall not be liable for any damage caused to or interference with any equipment or other applications or content of any description.


16. Data protection

Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online Privacy Policy at atmostfear-entertainment.com/privacy/


17. Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the AE Digital Medium. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the AE Digital Medium after it has been posted.


18. Governing law and jurisdiction

These terms and conditions are governed by Colombian law and the parties agree to submit to the exclusive jurisdiction of the Colombian courts.

However, if you have accessed the AE Digital Medium from the United States of America, these terms and conditions are governed by the laws of the United States of America and the laws of the State of New York. You agree that exclusive jurisdiction for any claim or dispute with AE or relating in any way to your use of the AE Digital Medium resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving AE or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the AE Digital Medium must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.


19. Indemnification

You agree to defend, indemnify, and hold harmless AE, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

You agree to indemnify and hold Atmostfear Entertainment S.A.S. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.


20. No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of AE.


21. Additional Content Restrictions

In addition to section 06 the terms in Section above, you agree not to use the AE Digital Medium to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the United States Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).


22. Digital Millennium Copyright Act

If you are a United States of America copyright owner or an agent of a United States of America copyright owner and believe that any user content or other content on the AE Digital Medium infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:

(i) identification of the copyrighted work or works claimed to have been infringed;

(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

(iii) your contact information including name an address, telephone number, and, if available, an email address;

(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;

(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(vi) your physical or electronic signature;

AE’s designated copyright agent to receive notifications of claimed infringement is: dmca@atmostfear-entertainment.com. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.


23. Additional Disclaimers

Visitors to the AE Digital Medium agree that their use of the AE Digital Medium is at their own sole risk. The AE Digital Medium is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to:

(i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the AE Digital Medium; and

(ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. AE also makes no representations and warranties as to any hyperlinked websites and AE has no liability or responsibility with respect to your use of such websites. In some instances, content made available on the AE Digital Medium may represent the opinions and judgments of providers or users, such as user content. AE and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the AE Digital Medium by anyone other than authorised AE employees acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the AE Digital Medium, including, without limitation, those damages or injuries occurring as a result of:

(i) any error, omission, deletion, or defect in the content available on the AE Digital Medium; or

(ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. AE does not warrant or guarantee that access to the AE Digital Medium will be uninterrupted or error-free.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.


24. Limitation of liability

You acknowledge and agree that, to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, in no event will AE or its affiliates, including, without limitation, their respective officers, directors, employees, successors and assigns, be liable to you or any other party for any direct or indirect loss, damage, cost, expense or liability of any kind (“loss”) arising in any way out of or in connection with the availability, use, reliance on, or inability to use the AE Digital Medium, including (without limitation): damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or data, loss of use of data, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, or loss of anticipated savings or benefits;

(i) damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or data, loss of use of data, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, or loss of anticipated savings or benefits; any indirect, special, exemplary, punitive, incidental or consequential loss; or

(ii) any indirect, special, exemplary, punitive, incidental or consequential loss; or

(iii) any loss attributable to errors, omissions, or other inaccuracies in the AE Digital Medium. The exclusion of liability in this section 17 applies even if AE shall have been advised of the possibility of such loss.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for particular kinds of loss, in such states or jurisdictions, AE’s liability shall be limited to the extent permitted by law (thereby minimizing AE’s liability to you to the lowest amount that applicable law permits).

To the fullest extent permitted by applicable law, in no event will Atmostfear Entertainment S.A.S., its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Atmostfear Entertainment S.A.S. has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Atmostfear Entertainment S.A.S. and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Atmostfear Entertainment S.A.S. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.


25. Exclusion of warranties

The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by AE of goods and services under these terms and conditions. Notwithstanding the disclaimers and limitations of liability in Sections 4, 16 and 17 above, these terms and conditions do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would:

(i) contravene the relevant statute; or

(ii) cause any part of these terms and conditions to be void and/or unenforceable (“Non-Excludable Obligation”).

Except in relation to Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on AE are expressly excluded under these terms and conditions.


26. Non-Excludable Obligations

In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), AE’s liability to you for a failure to comply with any Non-Excludable Obligation is limited to:

(i) in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and

(ii) in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.


27. Uptime guarantee

We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.


28. Backups

We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.


29. Links to other websites

Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.


30. Advertisements

During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.


31. Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


32. Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Atmostfear Entertainment S.A.S. or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Atmostfear Entertainment S.A.S. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Atmostfear Entertainment S.A.S. or Atmostfear Entertainment S.A.S. licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Atmostfear Entertainment S.A.S. or third-party trademarks.


33. Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.


34. Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.


35. Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Bogotá, Colombia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Colombia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Bogotá, Colombia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.


36. Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are is free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.


37. Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.


38. Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.


39. Contacting us

If you have any questions about this Agreement, please contact us.


This document was last updated on April 27th, 2018

For a limited time, we are offering up to 20% on selected items on our Store. Dismiss