Terms of Service and Privacy Policy

Terms of Service and Privacy Policy documents are usually unreadable. They are written by lawyers for lawyers, and in our opinion are not very effective.

Because we believe in establishing long-term relationships with our customers, we decided to use plain English instead, to make our terms as clear as possible.

When you read Skirmish Softworks or "we" below, it refers to Skirmish Softworks, its affiliates, and agents.

Should you have other questions or concerns about this document, please send us an e-mail at team@skirmish-vt.com .

By accessing or using Skirmish! Virtual TableTop in any way, whether you have created your own Skirmish! Virtual TableTop account or are just browsing around, you agree to and are bound by the terms and conditions written in this document.

If you do not agree to all of the terms and conditions contained in this document, do not access Skirmish! Virtual TableTop.

This is a living document. If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch at team@skirmish-vt.com .

We don’t amend this document for any particular customer, but if your changes apply to all of our customers, we’ll be happy to update it for everyone. Scroll to the bottom to see the history so far.

We will likely improve this document over time. By continuing to use the site, you will implicitly accept the changes we make.

Your access and use of Skirmish! Virtual TableTop is always subject to the most current version of this document.

If you breach any of the terms and conditions in this document, your authorization to access or use Skirmish! Virtual TableTop automatically terminates. Any materials downloaded or printed from Skirmish! Virtual TableTop in violation of the Terms of Service must be immediately destroyed.

We may block, restrict, disable, suspend or terminate your access to all or part of Skirmish! Virtual TableTop at any time in our sole discretion, without prior notice or liability to you.

If you think we removed your access by mistake, let us know and we’ll give you our reasoning. We also have a quick way to restore access without losing any of your data.

Support for Skirmish! Virtual TableTop is provided via our Community Forums. We also provide guides and screencasts that provide instruction on performing common tasks.

What personal data do you collect and why?

We collect the following personal data:

• Name (including Display Name)
• E-mail address
• IP Address (for general statistics on usage and abuse prevention)

We do not collect Credit Card information directly. See Who can see my credit card number? below.

We use return e-mail addresses to answer the e-mail we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

Please be aware that your browser must be enabled to accept cookies from skirmish-vt.com in order for you to use Skirmish! Virtual TableTop. See our Cookie Policy for details.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above.

Who can see my password?

No-one. We never store your password unencrypted, so no-one can read it.

It is your sole responsibility to keep your email, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Skirmish Softworks immediately.

If you forget your password, we send you a secure link via email that lets you reset it.

Who can see my credit card number?

No-one at Skirmish Softworks. We use the very trustworthy and secure Stripe payment service. Read about their security measures on the Stripe Terms of Service (in short, they encrypt your credit card info using industry-standard practices).

Our Commitment to Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

How can I access or correct my information?

You can access all your personally identifiable information that we collect online and maintain by logging in to Skirmish! Virtual TableTop and visiting the Account page.

What are the guidelines Skirmish Softworks follows when accessing my data?

• We restrict who at Skirmish Softworks can access customer data to only senior members of the team, and never to outside contractors.
• We only do it in response to a customer support question, or to look at issues affecting the entire Skirmish! Virtual TableTop application.
• We only do it in order to debug and fix the issue.
• We never make changes to anything unless explicitly requested by a user.
• We never ever ever share what we see with other customers or the general public.
• We might give access to authorities if requested in writing. We’ll try not to, but we don’t have the resources to fight the government. We’ll also keep the account owner informed as much as we can if this happens.

How is my data protected from another customer’s data?

All of our customers’ data resides in the same database. We use software best practices to guarantee that only people who you designate as viewers of your data can access it. In other words, we segment our customer data via software. We do our best and are very confident we’re doing a good job at it, but, like every other web app that hosts their customers data on the same database, cannot guarantee that a sophisticated hacker cannot access other people’s data.

Who owns Skirmish Softworks materials?

Skirmish Softworks materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on Skirmish! Virtual TableTop produced by Skirmish Softworks.

Skirmish Softworks materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the Skirmish Softworks Materials may violate such laws and the Terms of Service.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Skirmish! Virtual TableTop service or Skirmish Softworks Materials or any portions of them.

You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The trademarks, logos and service marks displayed on this Site are the property of Skirmish Softworks or other third parties. You are not permitted to use them without the prior written consent of Skirmish Softworks or such third party that may own the Marks. Skirmish! Virtual TableTop and the Skirmish! Virtual TableTop logo are trademarks of Skirmish Softworks.

• Skirmish Softworks materials may not be modified or altered in any way.
• Skirmish Softworks materials on Skirmish! Virtual TableTop may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
• You may not remove any copyright or other proprietary notices contained in the Skirmish Softworks materials.
• You may not copy or distribute any graphics in the Skirmish Softworks materials apart from their accompanying text.
• You will not quote or display Skirmish Softworks materials, or any portions thereof, out of context.
• Skirmish Softworks reserves the right to revoke the authorization to view, download and print the Skirmish Softworks materials available via Skirmish! Virtual TableTop at any time, and any such use shall be discontinued immediately upon notice from Skirmish Softworks.
• The rights granted to you constitute a license and not a transfer of title.
• Any Skirmish Softworks materials made available only upon payment of a fee may only be viewed, downloaded and printed subject to your payment of such fee.

Do you guarantee that Skirmish! Virtual TableTop will be accessible at all times?

In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet.

We monitor Skirmish! Virtual TableTop closely and have set up automated alarms to be notified (via email) when the Skirmish! Virtual TableTop service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.

You acknowledge and agree that Skirmish Softworks shall not be liable for any failure to use, store or retrieve your materials on Skirmish! Virtual TableTop at any time.

Use of Skirmish! Virtual TableTop

You agree that you shall not:

• Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
• Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any Skirmish! Virtual TableTop server, whether through hacking, password mining or any other means.
• Access or attempt to access any material that you are not authorized to access.
• Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
• Use any materials in any manner that infringes any intellectual property rights or other rights of any party.
• Disrupt or interfere with the security of, or otherwise cause harm to, the Skirmish! Virtual TableTop service, Skirmish Softworks materials, systems resources, accounts, passwords, servers or networks connected to or accessible through Skirmish! Virtual TableTop or any affiliated or linked sites.
• Transmit unsolicited or bulk communications to any Skirmish! Virtual TableTop account holder or to any skirmish-vt.com or affiliated e-mail address.
• Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
• Create a false identity for the purpose of misleading others.
• Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
• Disrupt, interfere or inhibit any other user from using and enjoying the Skirmish! Virtual TableTop service or other affiliated or linked sites, materials or services.
• Access or use Skirmish! Virtual TableTop in any manner that could damage, disable, overburden or impair any Skirmish! Virtual TableTop server or the network(s) connected to any Skirmish! Virtual TableTop server.
• Violate any applicable laws or regulations related to the access to or use of Skirmish! Virtual TableTop, or engage in any activity prohibited by the Terms of Service.
• Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
• Prepare, compile, use, download or otherwise copy any Skirmish! Virtual TableTop site server data or code, any user data or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such data, code or information to any third party.
• Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
• Violate the rights of Skirmish Softworks or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
• Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Skirmish Softworks.
• Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. Skirmish Softworks offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, Skirmish Softworks materials, the Skirmish! Virtual TableTop service or another third-party service. You agree that you will not hold Skirmish Softworks responsible or liable with respect to the third-party services.

Special Treatment for Spammers

In the event of your or others’ access to or use of the Skirmish! Virtual TableTop service in connection with the transmission of spam unsolicited e-mail or postings in violation of these Terms of Service, you acknowledge and agree that Skirmish Softworks would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that Skirmish Softworks is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Skirmish Softworks may without restriction block, filter or delete unsolicited e-mail.

Restriction and Termination of Use

Skirmish Softworks may block, restrict, disable, suspend or terminate your access to all or part of Skirmish! Virtual TableTop and its services at any time in Skirmish Softworks’s sole discretion, without prior notice or liability to you.

Notification of Copyright Infringement (DMCA Policy)

Skirmish Softworks will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. Skirmish Softworks will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”).

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Skirmish! Virtual TableTop or on sites linked to from Skirmish! Virtual TableTop, please provide written notification of claimed copyright infringement to the designated agent for Skirmish! Virtual TableTop (identified below), which must contain the following elements:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
• A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
• A description of where the content that you claim is infringing is located on Skirmish! Virtual TableTop;
• Information sufficient to permit Skirmish Softworks to contact you, such as your physical address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Skirmish Softworks’s designated agent for notice of claims of copyright infringement can be reached as follows by e-mail at team@skirmish-vt.com .

Links to Third Party Sites

Skirmish! Virtual TableTop may include links that will take you to other sites outside of the Skirmish! Virtual TableTop service. The linked sites are provided by Skirmish Softworks to you as a convenience and the inclusion of the links do not imply any endorsement by Skirmish Softworks of any linked site. Skirmish Softworks has no control of the linked sites and you therefore acknowledge and agree that Skirmish Softworks is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that Skirmish Softworks is not responsible for any form of transmission (e.g. webcasting) received from any linked site.

Advertisements and Promotions

Skirmish Softworks may run advertisements and promotions from third parties via Skirmish! Virtual TableTop in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via Skirmish! Virtual TableTop, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Skirmish Softworks is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Skirmish Softworks advertisers on Skirmish! Virtual TableTop.

Warranties and Disclaimers

The Skirmish! Virtual TableTop service and Skirmish Softworks materials are provided by Skirmish Softworks under these Terms of Service “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Skirmish Softworks makes no warranty that

• the Skirmish! Virtual TableTop service and Skirmish Softworks materials will meet your requirements;
• the Skirmish! Virtual TableTop service and Skirmish Softworks materials will be uninterrupted, timely, secure, or error-free;
• the results that may be obtained from the use of Skirmish! Virtual TableTop service and Skirmish Softworks materials will be effective, accurate, or reliable;
• the quality of the site or any services or materials purchased or accessible by you will meet your expectations; and
• any errors or defects in Skirmish! Virtual TableTop service and Skirmish Softworks materials will be corrected.

This Skirmish! Virtual TableTop service and Skirmish Softworks materials may include technical or other mistakes, inaccuracies, or typographical errors. Skirmish Softworks may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The Skirmish! Virtual TableTop service and Skirmish Softworks materials may be out of date, and Skirmish Softworks makes no commitment to update the site, materials and services.

You acknowledge and agree that:

• Skirmish Softworks does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
• Skirmish Softworks makes no representations or warranties whatsoever about any such third parties, their materials or services;
• any dealings you may have with such third parties are at your own risk; and
• Skirmish Softworks shall not be liable or responsible for any materials or services offered by third parties.

Skirmish Softworks does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the Skirmish! Virtual TableTop service and Skirmish Softworks materials and participation in any services. Managers, hosts, and other third parties are not authorized Skirmish Softworks spokespersons, and their views do not necessarily reflect those of Skirmish Softworks. To the maximum extent permitted by law, Skirmish Softworks will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Skirmish Softworks also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.

The use of Skirmish! Virtual TableTop service, Skirmish Softworks materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Skirmish Softworks assumes no liability for any computer virus, trojan or other similar software code that is downloaded to or executed on your computer from the site, from the software or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from Skirmish Softworks or via the site, services or materials shall create any warranty not expressly stated in the Terms of Service. Skirmish Softworks will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

Indemnity and Liability

You agree to indemnify and hold Skirmish Softworks and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

• your user materials and any other content (e.g. computer viruses) that you may submit, run, post to or transmit through Skirmish! Virtual TableTop, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
• your access to or use of Skirmish! Virtual TableTop (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with Skirmish! Virtual TableTop);
• your connection to Skirmish! Virtual TableTop;
• your violation of the Terms of Service;
• the actions of any member of your work group;
• your infringement of any third party’s intellectual property rights when using any of the software made available on Skirmish! Virtual TableTop;
• your violation of any rights of any third party;
• your access to or use of linked sites and your connections thereto; or
• any dealings between you and any third parties advertising or promoting via Skirmish! Virtual TableTop.

Limitation of Liability

In no event shall Skirmish Softworks, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Skirmish Softworks has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:

• the access or use of or the inability to access or use the Skirmish! Virtual TableTop service or Skirmish Softworks materials;
• the statements or actions of any third party on or via the site, services or materials;
• any dealings with vendors or other third parties;
• any unauthorized access to or alteration of your transmissions, user materials or other data;
• any information that is sent or received or not sent or received;
• any failure to store or loss of data, files, materials or other content;
• any services available that are delayed or interrupted;
• any web site referenced or linked to from this site; or
• your access to or use of or inability to access or use any linked site.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

The Skirmish! Virtual TableTop service (excluding linked sites) is controlled by Skirmish Softworks from its offices within Germany, European Union. By accessing Skirmish! Virtual TableTop, you agree that all matters relating to your access to, or use of, Skirmish! Virtual TableTop shall be governed by the statutes and laws of Germany, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

The Terms of Service and other rules, guidelines, licenses and disclaimers posted via Skirmish! Virtual TableTop or in connection with the Materials and Services constitute the entire agreement between Skirmish Softworks and you with respect to your access to or use of the Skirmish! Virtual TableTop service and materials superseding any prior agreements between you and Skirmish Softworks on such subject matter (including any prior versions of the Terms of Service). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Service expressly contradict any terms of a written agreement between you and Skirmish Softworks regarding the use of specific Services or Materials (including Service-specific Terms of Service and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Skirmish Softworks services, third party content or third party software. You may not assign or otherwise transfer the Terms of Service nor any right granted hereunder without Skirmish Softworks’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Service shall continue in full force and effect. Any failure by Skirmish Softworks to enforce or exercise any provision of the Terms of Service or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Service are purely for convenience and carry with them no legal or contractual effect.

• 2016, March 14th: First revision, inspired by (although not related in any legal way to) the Roll20 Terms of Service & Privacy Policy.