Terms of Use
Last updated May 26, 2017
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE.
1. WHAT SERVICES DO THESE TERMS COVER? These terms of use (“Terms”) cover the following products and services (“Services”) however accessed and/or used, which are operated by or otherwise made available by Existence Games or its affiliates (“Exodus” or “we”, “us”, or “our”):
(i) www.exodus-cards.com; www.exodus-players.com;
(ii) The Exodus Organized Play account system;
(iii) All apps published by Exodus, whether for tablets, smart TVs, video game consoles, social media platforms, mobile devices or other platforms (“Apps”), unless otherwise indicated in the app;
(iv) All email newsletters published or distributed by Exodus; and
(v) All other interactive features, services, and communications provided by Exodus.
2. THIS IS AN AGREEMENT BETWEEN YOU AND EXISTENCE GAMES. By accessing, downloading, or using the Service, you acknowledge that you have read, understood and agreed to these Terms, Exodus's Privacy Policy (http://www.exodus-players.com/privacy-policy/) and any code of conduct that we may put forth from time to time. Where you are providing consent for a minor to use the Service, you are also agreeing that the minor will be bound by the Terms. If you do not agree to these Terms, you may not access or use the Service. We may update and modify the Terms from time to time. Your continued use of the Service means that you have accepted those modifications.
3. INTELLECTUAL PROPERTY, SERVICE CONTENT, AND USER SUBMISSIONS. Unless otherwise noted, all content on the Service, including articles, artwork, screen shots, graphics, logos, downloads and other files, is the property of Exodus and is protected by United States and international copyrights, trademarks and other intellectual property laws. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products. Because we receive thousands of such requests, our policy is to decline use of our trademarks and copyrights. You acknowledge and accept that you have no property or other rights in any content on the Service, including but not limited to content that you may have developed or earned including “Custom Drifter Artwork”, screen names, game scores, the content of chats and other messages submitted to a Service or to us directly.
All communications, solicited feedback, and other materials submitted to the Service (by email or otherwise) are non-confidential and non-proprietary. By submitting material to the Service, you give up any claims that the use of that material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such material is used. Additionally, you grant us and any successors and assigns a perpetual, royalty-free, worldwide license to use, transmit, copy and display such submitted information and material in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. No further consideration or compensation will be given for any materials or information (including but not restricted to creative, financial, business, commercial, etc.); submitted in any manner. It's also important to the success of a number of our Services that any errors or problems you discover are confidentially reported to Exodus Customer Service directly so we can address them as quickly as possible. Visit exodus-cards.com/contact-us.html for information on how to contact us.
Opinions, advice and all other information expressed by any third-parties on the Service represent their own views and not those of Exodus. You should not rely on such opinions, advice or other information. Neither Exodus nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates shall be responsible or liable for any decisions made based on such information.
4. COPYRIGHT INFRINGMENT CLAIMS. You should assume that everything you see or read on exodus-cards.com and exodus-players.com is copyrighted—unless otherwise noted—and may not be used except as stated in the Exodus Terms of Use or with the written permission of Existence Games ("Exodus"). Exodus neither warrants nor represents that your use of materials displayed on the Service will not infringe rights of third parties not owned by or affiliated with Exodus. If you believe a portion of the Service infringes your copyright and you wish to file a copyright infringement notification with us, please contact us.
5. USER RIGHTS AND RESTRICTIONS. These Terms grant permission to you, in your individual capacity, to use the content of Service made available to you for personal, noncommercial home use only. In no instance may you:
(i) Change or remove any copyright and other proprietary notices from content on the Service;
(ii) Modify, or create derivative works based on, the content;
(iii) Use, or facilitate the use of, any unauthorized third-party software (e.g. bots, mods, hacks, and scripts) to modify or automate operation within the Service whether for yourself or for a third party.
(iv) Use the content in any manner: (a) suggesting an association with any other products, services, or brands (b) that is likely to cause confusion among customers, (c) that disparages or discredits Exodus, (d) that is otherwise exploitative for any commercial purpose; or (e) that otherwise infringes our intellectual property rights;
(v) Download quantities of content to a database for any reason;
(vi) Decompose, disassemble, or reverse engineer any part of any Service, or otherwise use a Service for any purpose other than those provided for by us and in conjunction with the operations of the Service;
(vii) Develop functionally similar products or services to any Service;
(viii) Use any Service for the benefit of any third party or transfer access to the Services to any third party;
(ix) Use the Service or content for commercial purposes, including, but not limited to: (a) selling access to all or part of the Service; or (b) placing advertising, sponsorships, or promotions on or within the Service or content;
(x) Avoid, circumvent, or disable any security or digital rights management protocols or mechanism in any Service;
(xi) Infiltrate any system used to operate the Service;
(xii) Take any action to cause, or exploit, known or latent malfunctions, bugs or other defects in the Service or system used to operate the Service; or
(xiii) Attempt to circumvent any restriction in any Service based upon age, geography, or other restriction imposed by us.
Furthermore, you will comply with all applicable laws and legal obligations, including those pertaining to such areas as: copyright, trademark and other intellectual property laws, libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. Violations of applicable laws may give rise to civil and/or criminal prosecution and penalties.
Notwithstanding anything to the contrary included in these Terms, we may at any time, with or without notice, suspend or terminate your access to some or all of the Service and refuse any and all current or future use of the Service at any time.
6. CONDUCT AND COMMUNITY STANDARDS. You are prohibited from posting or transmitting any material to the Service that could: (i) interfere with anyone else's use of the Service; (ii) be considered abusive, illegal, indecent, obscene, offensive, or threatening in any way; (iii) encourage anyone to break the law; (iv) violate anyone's copyright or other property right; (v) interfere with the privacy of any other user; (vi) contain a virus or any other harmful component; or (vii) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.
Although we may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Service, we are under no obligation to do so, and assume no liability or responsibility arising from the contents of any such communications. We may change, edit, or remove any user material or conversations that we deem illegal, indecent, obscene, offensive, or otherwise violating our policies in any way. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.
7. PLAYER & STORE ACCOUNTS. In order to access some features of the Service, you will need to create an Exodus Organized Play account (“OP Account”). If you elect to create an OP Account (Exodus-players.com/Signup), use an OP Account to sign up for other portions of the Service (such as Exodus TCG Organized Play Rankings or Exodus Guild Wars), or authenticate your identity on 3rd party-operated services (such as any official Exodus forums, and Existence Game's customer service portal), you agree to:
(i) Provide true, accurate, current and complete information about yourself ("Profile Data").
(ii) Maintain and promptly update the Profile Data to keep it accurate.
(iii) Only maintain one OP Account.
(iv) Never use another person's OP Account.
(v) Bear full responsibility for the activity on your account and the security of your account credentials.
We have the right to suspend or terminate your account, with or without notice, and refuse any and all current or future use of the Service due your violation of the Terms, or if we determine in our sole discretion that suspension or termination is in the best interest of supporting a fair, wholesome and safe environment for users of the Service (including participants in the Exodus Organized Play Program, comments section, forums or any other portion of the Service.)
A Special Note Concerning Privacy and Children Online. Parents may want their children to access this Service. Children can create an OP Account using the ordinary process, with your permission solicited where appropriate
8. CONTESTS; SWEEPSTAKES. This Service may refer to contests, sweepstakes or similar events (including without limitation Exodus TCG Organized Play Program championship events) that offer prizes or require you to send in material or information about yourself. Each contest, sweepstakes or other such event has its own rules, which you must read and agree to before you may enter.
9. EXODUS TCG ORGANIZED PLAY PROGRAM. Because of the popularity of Exodus products, a large number of real-world Exodus Trading Card Game tournaments (“Exodus Organized Play Events”) may be occurring worldwide on any given day. While we do organize certain special events and championship events, most Exodus Organized Play Events are organized or operated by independent third-party organizers, such as retailers of trading card games. While most Exodus Organized Play Events are not run by us, we do post to the Service certain information we receive about Exodus Organized Play Events from independent Exodus Organized Play Event organizers. Such information includes event schedules and locations, and the names and rankings of OP Account-holders who have consented to us posting this information to the Service. Information received from these independent Exodus Organized Play Event organizers allows us to create and post player rankings based on tournament results. Exodus will use reasonable efforts to include accurate and up-to-date information on the Service, but Exodus makes no representations or warranties of any kind about its accuracy, currency or completeness of information on the Service, including without limitation, tournament results and player ranking.
10. THIRD-PARTY PRODUCTS AND SERVICES. The Service may contain links to third party websites, services and platforms that are not owned or controlled by us. We are not responsible for content on a site operated by a third party, including content on a site operated by a distributor who links to the Service with Exodus's consent. Furthermore, we are not responsible for maintaining any materials referenced from another site, and makes no warranties for that site or this Service in such context. Additionally, certain features in the Service may require you to register certain information, including game ID number, 3rd party account information (like iTunes or Google Play account information), etc. to participate in certain features of the Service. We are not responsible for any failure of such hardware, software, or services, including any damage to game data or game points, etc.
11. UPDATES AND CHANGES TO THE SERVICE. We may, from time to time, issue changes or updates for portions of the Service. By using the Service, you assume responsibility to stay up-to-date on these changes and updates in order to continue using the Service. You also accept that all or portions of the Service may experience server issues that make it temporarily unavailable, and that we may in our sole discretion and without notice terminate all or any part of the Service. You accept that you will have no recourse of any kind against us even if this causes you to lose Player Ranking points, Season Points, accumulated Player Rewards, or to have no further access to all or part of the Service.
15. DISCLAIMER. THE SERVICE AND ALL CONTENT THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SERVICE, YOUR ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICE, AND THAT NEITHER EXODUS NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SERVICE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO EXODUS' NEGLIGENCE, WILL EXODUS OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SERVICE, EVEN IF EXODUS OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF EXODUS AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) EXCEED $100.00.
YOU UNDERSTAND THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS LISTED ABOVE ARE A CONDITION OF US MAKING THE SERVICE AVAILABLE TO YOU. WITHOUT THEM, WE WOULD NOT AND COULD NOT MAKE THE SERVICES AVAILABLE. You accept that if we discover that you have violated any portion of these Terms, we may take any step we deem appropriate including but not limited to terminating your OP Account and access to the Services. You acknowledge that if that happens, you will not receive any reimbursement or other compensation for any items that may be associated with your account at the time of termination.
16. INDEMNIFICATION. You agree to indemnify, defend, and hold Exodus and its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in the defense of any claim. Exodus reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Exodus.
17. GENERAL PROVISIONS. These Terms, our Privacy Policies, and any additional terms posted on this Service together constitute the entire agreement between Exodus and you with respect to your use of this Service. Any cause of action you may have related to to your use of this Service must be commenced within 1 year after the claim or cause of action arises. If a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of these Terms will continue in full force and effect. These Terms are governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws provisions, as applied to agreements executed by California residents and performed solely within the State of California, and you submit to personal jurisdiction in California. You irrevocably agree that the state and federal courts located in the State of California, U.S.A. will have exclusive jurisdiction over any dispute which may arise out of or in connection with these Terms in respect of any claim brought against us by you and will have non-exclusive jurisdiction over any claim brought against you by us. You agree to accept service of process by mail in the state in which your domicile is located as specified by you to us. THE PARTIES HEREBY WAIVE TRIAL BY JURY. You agree that this provision will survive termination or expiration of this Agreement.