ANTM

Terms of use

Last Updated: January 12, 2018

ACCEPTANCE OF TERMS OF USE
The terms of this agreement ("Terms of Service") govern the relationship between you and Emortal Productions (aka Ace and King Productions), (hereinafter "Ace and King Productions" or "Us" or "We") regarding your use of Ace and King Productions' games, websites and related services (the "service"). Use of the service is also governed by Ace and King Productions' Privacy Policy and other relevant policies, which are incorporated herein by reference.

By installing, using or otherwise accessing the service, you agree to these terms of service. If you do not agree to these terms of service, please do not install, use or otherwise access the service. Use of the service is void where prohibited.

Ace and King Productions reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Ace and King Productions policies at any time by posting the amended terms on the Ace and King Productions service. You will be deemed to have accepted such changes by continuing to use the service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Ace and King Productions Privacy Policy, or any other Ace and King Productions policy, rules or codes of conduct relating to your use of the service, your license to use the service shall immediately terminate, and you must immediately stop using the Service.

Please refer to our Privacy Policy http://americasnexttopmodelgame.com/privacy.html for information about how we collect, use and disclose information about you.

ELIGIBILITY
By using our Service, you represent that (1) you are age 13 or older, (2) you understand and agree to these Terms of Service, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Service.

The Services are for personal use only. Organizations, companies, or businesses may not use the Services for any purpose. You may not use the services if you have previously been suspended or removed from the Services. Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements.

LIMITED LICENSE
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services is owned by or licensed to us.

America’s Next Top Model and related marks are trademarks of Pottle Productions, Inc..
© 2017 CBS Interactive Inc. All Rights Reserved.
© Software 2017 Ace and King Productions . All Rights Reserved.

Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our services for anything else. These terms also apply to any update or patches which we may release or make available for any of the services and any such update or patch shall be deemed part of the services for the purposes of these terms.

VIRTUAL GOODS
Our games may include virtual currencies such as “glam” or “dollars” and other virtual items, some of which may be “earned” or purchased for real money (“virtual goods”). You must be 18 years old to purchase virtual goods with real money. Your account and any related items are owned by Ace and King Productions.

If your account is terminated in accordance with these Terms of Use, we will also delete and terminate any virtual goods associated with your account. You are not allowed to transfer virtual goods, for example by selling, gifting, or trading them. Any such transfer or attempted transfer is prohibited and void may lead to the termination of your account and any associated virtual goods.

Your purchase of virtual items through platforms such as the Apple App Store, Google Play, Amazon Games or Facebook is subject to those platforms’ payment terms and conditions and Ace and King Productions is not a party to the transaction. Ace and King Productions does not control how you can pay or how any refunds may be issued on those platforms. Please review those platforms’ terms of service for additional information.

All sales of virtual items are final, and virtual items are non-returnable and non-refundable. Virtual items cannot be resold, transferred for value, redeemed for cash or applied to any other account. We may limit the number of virtual items you can purchase or use within certain periods of time or implement other restrictions on the receipt or use of virtual items. We may further restrict your ability to redeem your virtual items based on your place of residence.

USER CONTENT
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Ace and King Productions in accordance with its Privacy Policy.

FEEDBACK
You may voluntarily elect to send us any ideas, suggestions, documents or proposals (“feedback”) related to the service or otherwise. By sending us feedback, you agree that (i) your feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the feedback, (iii) we may have something similar to the feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the feedback.

LINKS
We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

TRANSFERRING THESE TERMS
We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.

ENTIRE AGREEMENT
These terms set out the entire agreement between you and us concerning our services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.

CHANGES TO THESE TERMS
You can find these terms at any time by visiting www.americasnexttopmodelgame.com/terms.html

We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our services.

SEVERABILITY
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.

WAIVERS OF OUR RIGHTS
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

DISCLAIMERS OF WARRANTIES AND DAMAGES, LIMITATIONS OF LIABILITY YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER ACE AND KING PRODUCTIONS NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU OR (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED.

UNDER THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ACE AND KING PRODUCTIONS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ACE AND KING PRODUCTIONS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES WILL THE PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO ACE AND KING PRODUCTIONS IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ACE AND KING PRODUCTIONS ANY SUCH AMOUNTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ACE AND KING PRODUCTIONS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

INDEMNIFICATION
You agree to indemnify, defend and hold Ace and King Productions harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) due to or arising from (1) information in your Account and any information you (or anyone accessing the service using your Account) submit, post or transmit through the service, (2) your (or anyone accessing the service using your Account) use of the service, (3) your (or anyone accessing the service using your Account) violation of these Terms of Service, and (4) your (or anyone accessing the service using your Account) violation of any rights of any other person or entity. Ace and King Productions reserves the right, at your expense, to assume the exclusive defense and control of any indemnifiable matter and you agree to cooperate with Ace and King Productions to defend these claims.

RELEASE
You agree to indemnify, hold harmless, defend and release Ace and King Productions, its users, licensors, suppliers and partners, and its and their respective officers, directors, stockholders, agents and affiliates, from any claims, losses, damages or liabilities, including attorney’s fees, arising out of (i) the use or misuse of the service by you or any third party using your account, (ii) breach of any of this Agreement by you or any third party using your account, (iii) the violation of any applicable law or the rights of any other person or entity arising out of related to the service or the use thereof by you or any third party using your account, or (iv) the infringement of any intellectual property or other right of any person or entity by you or any third party using your account. You agree not to settle any matter without the prior written consent of Ace and King Productions. Ace and King Productions reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

COMPLAINTS AND DISPUTE RESOLUTION
Most concerns can be solved quickly by contacting us at info@americasnexttopmodelgame.com.

In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of California.

GOVERNING LAW AND REMEDIES
These Terms of Service and any action related thereto or to the service will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to Ace and King Productions under these Terms of Service are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Ace and King Productions for which remedies at law are inadequate. Ace and King Productions shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond) in the event of any breach or anticipatory breach by you. You hereby irrevocably waive all rights to seek injunctive or other equitable relief.

DISPUTES - ARBITRATION
If you have any dispute with or claim against us or any of our affiliates, or if we have a dispute with or claim against you, in either case arising out of or relating to the Services or these Terms (a “Claim”), and the Claim is not resolved by emailing our customer service department at info@americasnexttopmodelgame.com, you and we each agree to resolve such Claim through an individual binding arbitration or through an individual action in small claims court in the U.S. county (or parish) of your residence or in San Francisco, California. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This section shall survive termination of these Terms or any subscription that you may have to any of the Services.

Before you or we commence an arbitration or file a small claims court action with respect to a Claim, you must first send to Ace and King Productions a written notice of your claim or we must send a written notice of our claim to you ("Notice"). Your Notice must (1) be sent by certified mail; (2) be addressed to: Ace and King Productions, 27171 SE 25th Place, Sammamish, WA 98075 Attn: Legal Department; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the Claim within 30 days after our receipt of Notice is received, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.

Any such arbitration shall be administered by the American Arbitration Association and be conducted in accordance with its Consumer Arbitration Rules (the “Rules”). Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at http://www.adr.org. In circumstances in which the Rules provide for an in-person hearing, such hearing will take place in the U.S. county (or parish) of your residence, or otherwise in San Francisco, California. For any non-frivolous Claim that does not exceed $50,000, Ace and King Productions will pay all costs of the arbitration, and reimburse any filing fees you may be required to pay. If the arbitrator awards you damages that are greater than Ace and King Productions’ last written settlement offer communicated before commencement of the arbitration, Ace and King Productions will pay you the greater of $1,000 or the amount of the award.

TERMINATION/SUSPENSION
We reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use our Services or to discontinue all or a part of the services. We are not responsible for any loss or harm related to your inability to access or use our services.