Date of Last Revision: May 11, 2020

TERMS AND CONDITIONS OF USE

We reserve the right to change these Terms at any time. You are responsible for reading and evaluating the Terms periodically.

If you do not agree to the Terms, you are not permitted to browse the Z-Man Website or utilize any of its services.

By accessing and browsing the Z-Man Website, YOU AGREE THAT YOUR USE OF THE Z-MAN WEBSITE IS AT YOUR OWN RISK. Asmodee North America, Inc. (“ANA”) is not responsible for and does not regularly monitor the Z-Man Website. ANA is not liable for any personal injury, property damage, or any other harm or loss of any nature whatsoever, resulting from use or access of the Z-Man Website. You understand and agree you may be exposed to communications, including but not limited to posts by the public or ANA, that are inaccurate, objectionable, offensive, or indecent, and you agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against ANA with respect to the content.

By accessing and browsing the Z-Man Website, you agree to the following:

• You are at least 18 years of age, or an emancipated minor, or have specific legal guardian or parental consent, and are fully able to enter into this legal, binding agreement, being the Terms.
• You will not transmit any bugs, viruses, trojan horses, bots, scrapers, or any like or related programming through or to the Z-Man Website.
• You will not alter, modify, or change the Z-Man Website or any portion of it, including security features, except as expressly permitted by ANA.
• You will not engage in any illegal activities on, to, or through the Z-Man Website.
• You agree not to copy or adapt the code used to generate the Z-Man Website and all the graphic material that it offers, including buttons, bars, fonts, logos, photographs or other material not specified under these Terms, without the express permission of ANA.

General

These Terms and the Privacy Policy apply to all aspects of the Z-Man Website, including but not limited to all products, software, content, applications and services offered via the Z-Man Website, as well as User Generated Content submitted through the Z-Man Website or to Z-Man through any other third-party website or social media platform.

ANA will do its best to maintain the website and release accurate information through it. However, ANA cannot guarantee the accuracy or completeness of the Z-Man Website. ANA is not liable for any: (1) errors, mistakes, opinions, or inaccuracies with regard to content; (2) any interruption or cessation of transmission to or from our website; (3) any errors or omissions in any content or for any loss or damage of any kind resulting from the use of any content posted, emailed, transmitted or otherwise made available through the Z-Man Website; (4) any unauthorized access to our secure servers and the personal or financial information contained within; (5) any bugs, viruses, trojan horses and the like which may be transmitted to or through the Z-Man Website by any third party.

The Z-Man Website may contain links to third party websites. ANA has no control over, and assumes no responsibility for, the content of any third party websites.

ANA has no control over and assumes no responsibility for any product, service or event offered by a third party through the Z-Man Website.

ANA does not endorse and is not responsible for the opinions, recommendations, or advice of any users of the Z-Man Website. ANA cannot and will not be responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, any type of communication on or through the Z-Man Website. ANA will not be a party to, or monitor, and assumes no responsibility for, any communication or results of communication between you and a third party.

The Z-Man Website is provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, ANA, its owners, operators, officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Z-Man Website and your use thereof.

Under no circumstances, including but not limited to negligence, shall ANA, its owners, operators, officers, directors, employees or agents, but liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) use or inability to use the Z-Man Website, including without limitation use of or reliance on information available on this Z-Man Website, (2) interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance; (3) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Z-Man Website, (4) Any unauthorized access to or use of our secure servers or any and all personal information or financial information stored therein; (5) Any interruption or cessation of transmission to or from the Z-Man Website; (6) Any bugs, viruses, trojan horses, bots, or the like, which may be transmitted to or through the Z-Man Website by any third party; (7) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use on any content posted, emailed, transmitted, or otherwise made available via the Z-Man Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not ANA is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that ANA shall not be liable for any defamatory, offensive, or illegal conduct of any other user or third party and that the risk of harm or damage from the foregoing rests entirely with you.

You agree to indemnify and hold harmless ANA and its owners, operators, officers, directors, employees, affiliates, assigns and agents, from and against any actions, claims, obligations, losses, liabilities, costs or debt, and expenses (including without limitation, attorney’s fees and costs) arising from or in connection with: (i) your use of and access to the website; (ii) your violation of any term or provision of these Terms and Conditions of Use; (iii) your failure to abide by applicable local, state, federal and international law; (iv) your violation of any other third party right, including but not limited to any copyright, trademark, property, or privacy right; (v) any breach of any representation, warranty, or agreement made by you in these Terms and Conditions of Use. This indemnification obligation is effective over any time period of use by you.

You hereby release and waive any and all claims, liability, and causes of action against ANA arising from or in connection with your use of the Z-Man Website.

Accounts

You are be required to register an account in order to purchase products from the Z-Man Website. By registering an account, you agree to the following in addition to all other applicable terms:

• You will use your own accurate personal information, and if applicable, financial information to register. You will not register on someone else’s behalf without their express permission.
• You will be responsible for all of the activity on your account, including the security of your account. In the event of a security breach, you are still responsible for all of the activity on your account.

ANA cannot and does not warrant that product specifications, pricing, or other content on the Z-Man Website is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, ANA shall have the right to refuse or cancel any orders at its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.

ANA is the seller for all items on the Z-Man Website. All items purchased from the Z-Man Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

ANA reserves the rights to terminate any account at its sole discretion, without prior notice.

ANA reserves the right to discontinue any aspect of the Z-Man Website at any time.

ANA reserves all rights not expressly granted herein.

You agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action occurs. Otherwise, such cause of action is permanently barred.

Nothing in these Terms shall be deemed to confer any third party rights or benefits.

User Created Content

Z-Man may ask for or allow you to communicate, submit, upload or otherwise make available images, audio, video, contest entries or other content (“User Created Content”), which may be accessible and viewable by the public, including via the Z-Man Website, third-party website or a social media platform. Access to these features may be subject to age restrictions. You represent and warrant that any submitted User Created Content is not defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

By making your User Created Content available to us, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Created Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Z-Man products and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Created Content does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever (except as may be specifically stated in the provisions of any contracts or contest rules in connection with the submission, or arising from it).

You represent and warrant that that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Created Content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Created Content in all manners detailed in this Agreement; and you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User Created Content resulting from your breach of these representations and warranties. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Created Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Created Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the User Created Content, in all formats and media known or unknown to date, including for use on Z-Man products and on third party sites and platforms. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We may monitor, screen, post, remove, modify, store and review User Created Content or communications sent to or through us, at any time and for any reason, including to ensure that the User Created Content or communication conforms to this Agreement, without prior notice to you.

Jurisdiction

The Z-Man Website is published, controlled, and offered by ANA from its facilities in the United States of America. ANA makes no representations that the Z-Man Website is appropriate or available for use in other locations. Those who access or use the Z-Man Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree that: (i) the website shall be deemed solely based in the State of Minnesota; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over ANA, either specific or general, in jurisdictions other than the State of Minnesota.

Ownership of Website Contents

ANA graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of ANA or its affiliates in the United States or other countries. These trademarks, registered trademarks, and trade dress may not be used in connection with any product or service without the express written consent of ANA, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits ANA. All other trademarks not owned by ANA that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ANA. Unless otherwise specified, all software used on this site is the property of ANA or its affiliates and is protected by United States and international copyright laws. Any other intellectual property, as well as any information and material that appears on the Z-Man Website belongs to ANA, unless otherwise specified.