Terms of Service
These General Terms (the “Terms,”) together with any applicable End User License Agreements, govern your use of the Websites and Games as well as your relationship with Foretold LLC (“Foretold,” “we,” “our,” “ours,” and “us”).
THESE TERMS INCLUDE A BINDING ARBITRATION PROVISON AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY. IF YOU LIVE IN THE PROVINCE OF QUEBEC (CANADA) OR THE EUROPEAN UNION, THESE SECTIONS DO NOT APPLY TO YOU.
USE OF WEBSITES OR GAMES.
License. Assuming your compliance with these Terms, Foretold provides you a limited, personal, non-exclusive, nontransferable, non-assignable, entirely revocable license to use the Websites or Games solely for your individual and non-commercial use. Foretold may terminate or suspend or discontinue any and all portions or features of the Websites or Games, with no restriction on when and how, and at no liability to you. This license does not grant you any ownership rights in the Websites or Games. Any rights you do acquire in the aforementioned will indefinitely be owned by and inure to the benefit of Foretold, any Parent Companies or Subsidiaries.
Restrictions. You agree not to engage in any of the following with respect to our Websites or Games:
(i) Data mining: Using unauthorized means, process, or software that accesses, collects, reads, intercepts, monitors, data scrapes including without limitation, agents, robots, scripts, or spiders; or mines information.;
(ii) Derivative works: Copying, reproducing, translating, reverse engineering, modifying, disassembling, decompiling, deriving source code from, transferring, or creating derivative works based on or related to any part of the Websites or Games, including links or frames to content, images or artwork (except when expressly authorized by Foretold);
(iii) Circumvent Security: probe, scan or test the vulnerability of the Websites or games, or breach the security or authentication measures on any of the Websites, where applicable.;
(iv) Prohibited Commercial Activity: Exploit any portion of the Websites or Games for any purpose not expressly authorized by Foretold, including and without limitations on this list: (a) attempting to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any component of the Websites or Games; (b) communicating or facilitating in any medium commercial advertisement, solicitation or offer; or (c) organizing, promoting, facilitating, or participating in any event involving wagering on any other aspect of Foretold Games;
(v) Disruption: using any device, software or program to interfere or attempt to interfere with the proper working or authorized uses of the Websites or Games, or with any other person's use of the Websites or Games, including any actios that impose an abnormally large load on server stability;
(vi) Forgery/Impersonation: forge headers, footers, signatures or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Websites or Games, or in any way impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity;
(vii) You agree not to violate Laws, Regulations, or Rules: using the Websites or Games in an illegal manner or for any unlawful purpose, or one that violates any applicable rules, policies, guidelines, or policies.
LINKS TO OTHER WEBSITES.
The Websites or Games may contain links to third party websites either affiliated or non-affiliated to Foretold. These links are provided as a convenience to you only. We do not control and are not responsible for the content of any third-party websites or the conduct of the operators therein, and we do not make any representations regarding accuracy, or legal compliance in accordance with any law, statute, regulation or the decency of any of the content or other materials on those sites. If you decide to access linked third-party websites, you do so at your own risk and release Foretold from any liability.
Definition, Representations, and Warranties. As part of your use of the Websites and Games, you may be able to create, transfer, upload, stream, display, host, promote, include, refer to, disseminate, post, make available, distribute, link to or transmit messages, artwork, text, displays, images, photographs, graphics, screenshots, data, databases, information, files, pictures, video, audio, music, software and other materials and content, whether in written, digital, oral, machine-readable, electronic or visual form, provided that you represent and warrant you own or control all of the rights to the User Content, and that it does not violate any laws, rules, or regulations, AND that your User Content does not violate the rights of any entity or person. You agree to pay for any and all monetary damages owed to any proper owner of User Content by reason of infringments due to any end result of the existence of your User Content.
Monitoring. You are solely responsible for the User Content that you post, store or upload. Foretold does not pre-screen User Content, nor do we have an obligation to delete, screen or edit any of the User Content posted anywhere, stored or uploaded; however Foretold reserves the right to delete, screen or edit any User Content posted, stored or uploaded without limitation.
INTELLECTUAL PROPERTY OWNERSHIP
Foretold Ownership. The Websites and Games are the sole property of Foretold, and are protected by intellectual property laws. We own and reserve all Intellectual Property Rights to content produced by Foretold without limitation including computer code, titles, themes, characters (including likeness and names), objects, stories, dialog, catch phrases, locations, concepts, artworks, architectural and structural or landscape designs, animations, sounds, audio-visual effects, any related documentation, storylines, sounds, music, and gameplay, and methods of operation.
SELLING OF GOODS OR SERVICES.
We may market or offer our products directly to you through Websites, Primary or Third-Party. Such as Tabletop Games, Board Games, Video Games, Collectibles, Cards, etc. The terms and conditions pertaining to the sale are governed by these terms as well as any terms applicable at time of sale for whichever site is used to finalize the transaction.
Foretold provides the Websites, Games, Events, Services, Accounts, and all other features, products, or documentation on an "as is" and "while available" basis without warranties or representation of any kind, express or implied. To the maximum extent permittable by applicable law, Foretold expressly disclaims all warranties, representations, guarantees, and conditions of any kind, express, implied, or statutory, including without limitation the implied warranties and conditions of title, non-infringement, satisfactory quality or reliability, merchantability, and fitness for a particular purpose.
We do not guarantee or ensure perfect, uninterrupted, error free, secure, or virus free operation of our Websites, or Games. Nor do we ensure that fixes to defects in technology will be corrected. You also acknowledge that the website is not developed for your sole use or specific requirements. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control.
LIMITATION ON LIABILITY.
Limits to our Liability to You. In no way shape or form in any event shall Foretold, respective parent companies, licensors, affiliates or suppliers, or any of our or their respective officers, directors, employees or agents, be liable to you or any third party for any anticipated or lost profits, revenue, data, content, hardware, software, injury, informational or special, exemplary, punitive, incidental, indirect or consequential damages stemming from the connection or resulting from the possession, use, inability to use, failure to perform, error, omission, interruption, deletion, defect, delay in operation or transmission, viruses, theft, destruction, unauthorized access, alteration of or malfunction of the Websites or Games, cancelled orders for products or the general unavailability of any product, function, or feature, accessed or distributed through the Websites or Games, or third-party, whether advertised or distributed, even if an affiliate, director, employee or officer knew or should have known the potential for such loss. The aggregate liability of Foretold, our licensors or any of our or their respective parents or subsidiaries and affiliated companies to you or any third parties is limited to $100.00 (USD)
Waiver of any Equitable Remedies. You agree that any loss, damage, or harm you suffer is not irreparable and other remedies would be adequate such that you are not entitled to and hereby waive any right to equitable relief including, without limitation, injunctive relief against Foretold, its licensors, their parents or affiliates, officers, directors, employees and agents to enforce the terms outlined here; however, you agree that Foretold and/or its licensors would be irreparably harmed if the terms of this agreement were not specifically enforced, and so foregoing shall not preclude Foretold and/or its licensors from seeking any injunctive relief. This limitation applies to all causes of action or claims in the aggregate for any reason. Some states do not allow the foregoing limitations of liability; so these terms may not apply to you in their entirety.
Indemnification. You agree to defend, indemnify and hold Foretold, its parent company, subsidiaries, affiliates, current and past officers, employees, and agents harmless from any claim, action, suit, demand, or damages, including without limitation reasonable attorneys' fees, asserted by any third party arising in connection with the use of the Websites or Games. Foretold reserves the right, at its own expense and its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Should Foretold choose to do so, you will cooperate with Foretold in asserting any available defenses.
UNSOLICITED IDEA SUBMISSION.
We at Foretold value your input, feedback, and suggestions but please do not submit any unsolicited creative ideas, suggestions, comments, components, or materials to us. In the event that you do send any of these things to Foretold you understand that (a) Foretold may assume full creative ownership of the associated unsolicited submissions and (b) you give up any rights to any such submissions including but not limited to moral rights, privacy rights, rights to publicity, proprietary rights, or rights to credit for the ideas represented. You therein give us an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly transform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your unsolicited ideas, including any and all copyrights, trademarks, trade secrets, patents, industrial rights, and all other intellectual property rights related, in any media now known or hearafter developed, for any purpose at all, commercial or otherwise, including giving that idea to others without any compensation for the time, effort, materials or unique properties of that submission.
You acknowledge and agree that any materials, including but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to Foretold in response to a request for such materials are non-confidential and shall become the sole property of Foretold. This section does not apply to personal information.
These Terms, your use of the Websites or Games, your interaction with Foretold, and any issues arising out of them will be deemed entered into Missouri and thereby governed in accordance with laws of the State of Missouri. You consent and agree to the exclusive jurisdiction and venue of the state and federal courts within Greene County, Missouri for any claims arising out of these Terms, your use(or inability to use) the Websites or Games, or your interaction with Foretold. You waive your right to argue that the state and federal courts in Greene County, Missouri are an improper venue. In no event will you bring any litigation against Foretold more than one (1) year after the cause of action arose. Any fees brought as a result of litigation are entitled to be recovered by the prevailing party.
We and you both agree to make a reasonable, good faith effort to resolve any disputes between us informally, if we can't: you agree to resolve any and all disputes, claims, controversies, or demands between us in individual binding arbitration. This section applies regardless of nature of the issue presented. To initiate arbitration either we or you must send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If we do not reach an agreement to the issue within forty-five (45) calendar days after the notice is received, the party seeking redress may commence an arbitration. You may initiate an arbitration proceeding by sending Foretold a written notice explaining the claim and what remedy you want from Foretold. If you initiate arbitration against us, you must send a copy to Foretold at the following address: Foretold LLC, ATTN: Legal Department 1821 West Hovey Street, Springfield, Missouri 65802. Arbitration shall be conducted with whichever valid arbitration service you wish, and by a single arbitrator with substantial experience in resolving intellectual property and commercial contract disputes and mutually agreed upon by the parties. The arbitration must commence within thirty (30) days from the appointment of the arbitrator unless otherwise agreed upon mutually. The arbitration may be held in person, through the submission of documents, or conducted virtually or over the phone. Judgment upon an award rendered by the arbitrator may be entered in any court having jursidiction or application may be made to such court for judicial acceptance of any award and order of enforcement, as needed. Any dispute, claim, or controversy that has been submitted to arbitration shall remain confidential. However the prevailing party may file the arbitration award with any court of competent jurisdiction to have that award confirmed in a court order judgment.
Arbitration Costs. Your responsibility to pay any and all fees related to arbitration will follow applicable law, and Foretold will pay none of the fees if deemed the prevailing party, or if the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)). In the event litigation is brought by either party in connection with these Terms, the prevailing party will be entitled to recover all reasonable costs, attorneys' fees, and other expenses incurred by such prevailing party in the litigation.
Additional Terms. You also agree that no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless ruled in other proceedings between the parties) You and We both understand that, without this arbitration provision we would have the right to sue in court and have a jury trial. We further understand that, in some instances the cost of arbitration would or could exceed the costs of litigation. However, the arbitrator shall have the authority to shift such fees and costs to ensure that you do not pay significant forum fees. You shall not be required to pay any type of fee or cost in arbitration that you would not have had to pay had you been free to file a claim in court.
WAIVER OF COLLECTIVE ACTION (Class Action) REMEDIES
To the maximum extent permitted by law you and Foretold agree to not bring against or participate in any class action, representative, private attorney general action, collective arbitration, legalities or litigation against the other party. NO arbitration shall be joined except as outlined in the Arbitration section of these Terms. If the agreement in this section to not participate in or bring against a class or representative action, private attorney general action or collective arbitration is found unenforceable, you and Foretold both agree it will not be severable: The entire section will be deemed unenforcable and any claim or dispute will be resolved in arbitration as outlined above. Awarding of monetary, injunctive, and declatory relief in favor of the party seeking relief may be done by the arbitrator, only to the extent that it is necessary to provide that relief.
We may and without notice or knowledge start or end promotional periods at any time. Qualifications of promotions will be made transparent. We will not honor any promotional pricing due to lack of knowledge of the promotion, or simply missing the deadline for the promotion, or being unqualified for a promotion on any of its terms.
UPDATES AND CHANGES.
To our Agreements, Websites or Games. Foretold may and likely will update, amend, alter, or modify these Terms in the future for any reason and any time without prior notice to you at our sole descretion. If we make changes to these Terms we will provide a changelog of what has been altered from the prior version, and give you an opportunity to review the new Terms. If any changes are unacceptable to you or cause you to no longer be able to comply you must cease using the Websites or Games that contain an account component, and terminate that account, as applicable, if the Website is operated by Foretold.
Notices. Except where otherwise set forth in these Terms, all notices given by you or required under these Terms shall be given in a written form, electronically on this page, unless you hold an Account with Foretold, in which case, changes will be emailed to you.