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.
IV. User Content and Prohibited Conduct
A. 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.
B. 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.
C. 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.
V. Subscriptions and Payments
A. Subscriptions: Some of our Services require a paid subscription. By subscribing, you agree to pay the applicable subscription fees, along with any taxes.
B. 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.
C. 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.
D. 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.
E. 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.
VI. Copyright Infringement Policy
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 copyright 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.”