Alkemion Studio

Terms of Service

Last updated: June 24th, 2024

Alkemion Studio (“ALKEMION”), provides use of its website accessible at Alkemion.com (the “Website”) and its platform (“Platform”) to you subject to the following Terms of Use.

BY USING THE WEBSITE AND THE PLATFORM IN ANY WAY OR BY PROVIDING ANY SUBMISSIONS TO ALKEMION.COM, OR BY USING THE SERVICES PROVIDED BY THE WEBSITE, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS IT MAY BE UPDATED AND AMENDED FROM TIME TO TIME. SHOULD YOU OBJECT TO OR VIOLATE ANY TERM OR CONDITION CONTAINED IN THESE TERMS OF USE OR THE ASSOCIATED PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR PLATFORM AND YOU SHOULD NOT PROVIDE SUBMISSIONS TO ALKEMION.COM.

ALKEMION may modify these Terms of Service at any time without notice, effective upon its posting the modifications to the Website. Your continued use of the Website constitutes your acceptance of the Terms of Use as amended. ALKEMION has the right, but is not obligated, to strictly enforce the Terms of Service through active investigation, litigation and prosecution, self-help and community moderation.

Trademarks

The term ALKEMION as it appears on the Website, or on the ALKEMION platform is a trademark of ALKEMION. Any other trademarks displayed on the Website are the sole property of their respective companies or individuals. Any use of these trademarks by you without authorization from the trademark owner is prohibited.

Ownership of Website Content and Platform

The Platform, Website, and their content are protected to the maximum extent provided by trademark, copyright, and intellectual property rights law and applicable international treaties or conventions (“Intellectual Property Laws”). The Platform and all content displayed on or through the Website and Platform are owned exclusively by ALKEMION (and/or its affiliated companies, suppliers, and licensors) and are protected by Intellectual Property Laws. Any copying, reproduction, redistribution, modification, display, or creation of derivative works from the Platform, Website, their content, or the collective work is prohibited. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Platform or Website.

You may not use the Platform, Website, or their content for any commercial purposes. This includes, but is not limited to, not using the content for the promotion or advertisement of any goods, services, or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

Copyright and Use and Submission of Content

This Website is protected under copyright law with all rights reserved except as expressly provided herein. Individual documents or content may contain different copyright notices and/or additional proprietary notices.

User Content

As an ALKEMION account holder, you may submit content to the ALKEMION Website. Such User Content includes any and all user-created adventures, custom art, notes, lore, and textual content (“User Content”). You understand that ALKEMION does not guarantee any confidentiality with respect to any content you submit.

Ownership of and Responsibility for Content

ALKEMION does NOT claim ownership of the materials you create using the Website and Platform. ALKEMION will NOT use the materials you create for Machine Learning. ALKEMION will NOT sell User Content to third parties.

You hereby expressly acknowledge and agree that you shall be solely responsible for the content you create and the consequences of submitting and publishing User Content on the Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and you grant a non-exclusive, worldwide, royalty-free, perpetual license to ALKEMION for all patent, trademark, trade secret, copyright, or other proprietary rights in and to such User Content for publication on the Website and the Platform pursuant to these Terms of Use, and the associated license rights.

Any unauthorized use of copyright-protected material within your User Content may constitute an infringement of third-party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Website and Platform and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.

Use of Third-Party Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Website, Platform, and any third-party information (“Third-Party Content”) contained therein. Use of the Website and its Third-Party Content is provided to you AS IS. You may access Third-Party Content for your information and personal use solely as intended through the provided functionality of the Website and as permitted under these Terms of Service. You shall not download any Third-Party Content unless you see a “download” or similar link displayed on the Website for that Third-Party Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Third-Party Content for any other purposes without the prior written consent of ALKEMION or the respective licensors of the Third-Party Content. ALKEMION and its licensors reserve all rights not expressly granted in and to the Third-Party Content.

You agree not to circumvent, disable, or otherwise interfere with security-related features of ALKEMION, the Website, or Platform, or features that prevent or restrict use or copying of any Third-Party Content or enforce limitations on the use of the Website or the Third-Party Content therein.
You understand that when accessing the Website, you will be exposed to Third-Party Content from a variety of sources, and that ALKEMION is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. You further understand and acknowledge that you may be exposed to Third-Party Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against ALKEMION with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless ALKEMION, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Website and Platform.

ALKEMION does not endorse any Third-Party Content submitted or posted on the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ALKEMION expressly disclaims any and all liability in connection with Third-Party Content. ALKEMION does not permit copyright-infringing activities and infringement of intellectual property rights on its website, and ALKEMION will remove all Third-Party Content if properly notified that such Third-Party Content infringes on another's intellectual property rights. ALKEMION reserves the right to remove Third-Party Content without prior notice.

Licensing

Free License

Upon acceptance of these Terms of Service, ALKEMION grants you a non-transferable, non-sublicensable, non-exclusive, worldwide, royalty-free license to use the Website and Platform to create User Content for personal, non-commercial uses, as permitted hereunder. Except as provided in these Terms of Service, you may not transfer, redistribute, or sublicense the Platform. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website or Platform, any updates, or any part thereof. You shall own all rights to any User Content created using the Website or Platform, but you shall not have the right to sell, publish, license, or otherwise commercially exploit such User Content.

Commercial License

Currently, Alkemion Studio does not offer a commercial license. All content created using the ALKEMION Platform is for personal, non-commercial use only.

The Website features a member portal that is accessible to you once you sign up for an account. You can either sign up for an account by providing an email address or by signing in with a Google or Discord account. This portal may contain your stored information based on your previous and ongoing interactions with the Website. This portal does NOT contain your stored information on Google or Discord. You agree that ALKEMION assumes no responsibility for the accuracy and completeness of information contained in this portal. This information will be accessible only to you once you log in either by using your email address or by logging in through your Google or Discord account and shall not be made accessible to the general public.

Feedback

Any questions, comments, suggestions, or other information about ALKEMION products or services submitted to ALKEMION through this Website, through email or through Discord shall be deemed non-proprietary and non-confidential. ALKEMION is free to use, reproduce, disclose, and distribute such Feedback in any manner without limitation. ALKEMION specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-proprietary and non-confidential, and we can use such information for any reason without any obligation or liability to you.

User Conduct

You agree not to transmit to ALKEMION any information or post, email, or otherwise make any submission (“Submission”) that: (i) is unlawful, abusive, harassing, harmful, threatening, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in sexual conduct; (iii) harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, race, gender, sexual orientation, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, an ALKEMION employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any trademark, copyright, patent, trade secret, or other proprietary rights of any party, or is a Submission that you do not have the right or authority to make available pursuant to any law or under any contractual duty or fiduciary relationship; (viii) constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the Website which are not designated for such purposes or emailed to ALKEMION users who have not indicated in writing that they consent to your contacting them about other services, products, or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) employs misleading email addresses, forged headers, or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.

Additionally, you agree not to: (i) contact anyone who has requested not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) stalk or otherwise harass anyone through or on the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website; (v) post irrelevant Submissions, repeatedly post the same or similar Submissions, or otherwise impose unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to ALKEMION computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.

ALKEMION has no obligation to monitor any Submissions or User Content. However, ALKEMION may reject, delete, modify, edit or remove any Submissions or User Content at any time for any reason and ALKEMION may terminate your access to the Website or your account at any time for violation of these Terms of Service or any other reason, without notice. ALKEMION reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ALKEMION’s sole discretion.

External Sites

The Website may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties (“External Sites”). You acknowledge that ALKEMION is not responsible for the unavailability of, or the content located on, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Confidentiality

Certain areas on this Website may contain ALKEMION confidential information. Valid credentials are required to access those areas. Access by unauthorized persons, and unauthorized use or disclosure of ALKEMION confidential information, is a violation of ALKEMION's rights and is strictly prohibited. By accessing ALKEMION confidential information, you agree to keep this information confidential. You also agree to treat this confidential information with the same standard of care which you apply to your most confidential information, and to not to use the information for any purpose that is unlawful or not permitted by these Terms of Service.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE WEBSITE AND PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND PLATFORM ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALKEMION DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. ALKEMION DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. This does not affect the applicability of the disclaimers where otherwise permitted by law.

LIMITATION ON LIABILITY AND INDEMNITY OF ALKEMION

UNDER NO CIRCUMSTANCES SHALL ALKEMION BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ALKEMION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE WEBSITE, PLATFORM, SERVICES, OR THESE TERMS OF USE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, PLATFORM OR SERVICES, FROM INABILITY TO USE THE WEBSITE, PLATFORM OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF ALKEMION WEBSITE, PLATFORM OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. This does not affect the applicability of the limitations of liability where otherwise permitted by law. You agree to indemnify and hold harmless ALKEMION, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers, and employees from any claim or demand, including reasonable attorney fees, expert witness fees, and court costs, made by any third party due to or arising out of any Submissions, your website or organization, your use of the Website, Platform or Services, your violation of the Terms of Service, your breach of any of the representations and warranties herein, or your violation of any rights of any third party.

Compliance with Applicable Laws; Export Control Laws

This Website is operated, in whole or in part, from France and the European Union. User access to this Website is governed by all applicable French and European Union laws. All information available on the Website and the Platform is subject to French and European Union export control laws and may also be subject to the laws of the country where you reside. All ALKEMION products and publications are commercial in nature. ALKEMION does not make any representations regarding the legality of access to or use of this Website, Platform, or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this Website are illegal is prohibited. Users who access this Website from outside of France do so at their own risk and are responsible for compliance with applicable French export and country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to, processed, and collected in the European Union in compliance with the privacy policy.

Governing Law; Entire Agreement

By acceptance of the Terms of Service and/or use of the Website, Platform, and their content, you accept the following provisions regarding applicable governing law. These Terms of Service and any claim or dispute arising out of or relating to these Terms of Service, or your use of the Website or Platform, will be governed by and construed in accordance with the laws of France, without regard to its conflict of laws principles. Any claim or dispute arising out of or relating to these Terms of Service, the Privacy Policy, or your use of the Website or Platform shall be subject to the exclusive jurisdiction of the courts of Bordeaux, France, and you hereby consent and submit to the personal jurisdiction of such courts. This section shall not prevent either party from seeking injunctive relief from any court of competent jurisdiction.

If any provision of these Terms of Service is held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Service constitute the entire agreement between you and ALKEMION with respect to the subject matter of the Terms of Use.

Termination

ALKEMION may terminate these Terms of Service and your rights and license to use the Website and Platform at any time for any reason, including a material breach by you of any of these Terms of Service.

Contact Us

If you have any questions about these Terms of Service, please contact us on Discord or via email at support@alkemion.com.