Orbs CCG Terms of Service as of May 17, 2013
1. Acceptance of the ToS
Welcome to Orbs CCG (TM), an online collectible card game. Use of and access to Orbs CCG's website, information, materials, products, chat rooms, resources, and anything else from Orbs CCG ("Orbs CCG content") are subject to the terms and conditions laid out in this document or future revisions of this document, heretofore called the ToS. Please read the ToS carefully before using Orbs CCG. Usage of Orbs CCG constitutes a binding agreement between you and Orbs CCG to abide by the ToS. If you do not agree to the ToS, please do not use Orbs CCG. Orbs CCG reserves the right to update the ToS at anytime without prior notice. It is your obligation to review the ToS with each usage of Orbs CCG in order to remain informed of the current terms. Any use of Orbs CCG after such notice shall constitute acceptance of such changes, modifications or additions to the ToS.
2. Proper Use
Orbs CCG hereby grants, and by using Orbs CCG you thereby accept, a limited, personal license to Orbs CCG content. You may use Orbs CCG content only for personal use. Improper use would entail site scraping, reverse engineering, posting or commenting for commercial use, posting spam, repeatedly requesting the same resource multiple times or requesting multiple resources too quickly, bogging down our servers with inappropriate requests, posting inappropriate content, libelous content, racist content, offensive content, or anything else deemed improper at the sole discretion of Orbs CCG.
In Orbs CCG, you will receive access to a collection of licensed digital objects, including but not limited to those depicting digital cards. By using the service, you received a limited license for the right to use such digital objects solely for the purpose of playing the game. Additionally, the digital objects are subject to change at any time without notice, for reasons including but not limited to improving the playing experience, weakening overpowered cards, or banning overpowered cards.
Orbs CCG reserves the right to modify, suspend, or discontinue your usage or services without notice at any time, for any reason, and without any liability or explanation.
Orbs CCG is available only to individuals eighteen (18) years of age and older. Children between the ages of thirteen (13) and eighteen (18) years of age may have their parent or guardian complete the registration process, in which case the parent or guardian will take full responsibility under this license.
4. User-Generated Content
Orbs CCG contains user-generated content. As such, content posted to Orbs CCG cannot be considered as representing Orbs CCG. Orbs CCG does not endorse, support, represent, or guarantee the truthfulness or reliability of user-generated content on Orbs CCG. By using Orbs CCG, you acknowledge that any reliance or acceptance of the content is at your own risk and discretion.
Improper content on the site does not constitute any consent or acceptance of such content by Orbs CCG. Orbs CCG reserves the right, but is under no obligation, to monitor content for improper use. Orbs CCG does NOT actively monitor content and does not lay claim to user-generated content.
By posting content on Orbs CCG, you take full responsibility for the truthfulness, accuracy, reliability, and rights of such content. You acknowledge that the content is your own to post and your own responsibility, with all legal implications thereof. You understand that Orbs CCG may be legally required to provide information about your postings or accounts to third parties.
Orbs CCG is under no obligation to actively or passively monitor content for improper use. Content posted to Orbs CCG must not be inappropriate, libel, slander, racist, offensive, untrue, or anything else deemed improper at the sole discretion of Orbs CCG. Orbs CCG will not be responsible or liable for exercising or failing to exercise discretion. You acknowledge that content on Orbs CCG may be removed at any time, for any reason, without warning, consent, or explanation.
5. Intellectual Property Rights
Orbs CCG owns the intellectual property rights up to, but not necessarily including, all design, development, code, ideas relating to the site, products and services, trademarks, and logos. This includes the trademarks Orbs CCG, Orbs CCG logo, card art, card designs, card descriptions, and the specific colors used.
For user-generated content, Orbs CCG makes no claim to verify, support, or even acknowledge content posted online. By submitting content through Orbs CCG, you grant Orbs CCG a permanent, worldwide, non-exclusive, royalty-free license to reproduce such content for the purpose of displaying or utilizing the content.
You hereby represent and warrant that you have the power and authority to grant such an agreement to Orbs CCG, either because you own the intellectual property to such content, represent the person or organization who does, or acknowledge that the content is in the public domain or under a sufficiently public license (such as a Creative Commons license). In the latter case, Orbs CCG is not party to any such licensing agreement; such agreement is between the the respective licenser and you.
6. Proper Conduct
Conduct and content not allowed on Orbs CCG is anything up to but not necessarily including the following: hate speech, abusive or offensive content, untruthful or deceitful content, libel, slander, illegal content, plagiarism, adult or pornographic content, misquotations, threatening content, improper content, or implying any of the previously listed terms. You agree that, while Orbs CCG does not actively monitor content, posting improper content can lead to your account suspension or termination. You further consent to compensate Orbs CCG should such improper content cause harms or damages to Orbs CCG or the Orbs CCG community.
7. No Resale of Service
Orbs CCG content may not be sold or offered for sale or resale, in whole or in part. You may not act as a third-party disseminator of Orbs CCG content if: access to such content is for sale, requires subscription, or does not properly acknowledge Orbs CCG as the source. Proper acknowledgment includes a well-formed HTML link tag, if the medium makes such inclusion possible. You may not knowingly give content, sell content, or encourage or aid an improper third-party disseminator of content.
8. Representations and Warranties
You hereby represent and warrant that your user information is truthful, accurate, and up-to-date. You further acknowledge that you will not impersonate, either actively or passively, someone else. Passive impersonation includes remaining silent or failing to answer inquiries. You further acknowledge that you have the necessary power and authority to enter into this agreement.
9. Disclaimer and Limitation of Liability
You acknowledge that use of Orbs CCG is at your own risk. Orbs CCG is provided on an "as is" basis without any warranties, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. Orbs CCG does not claim to represent the opinions or content provided by its users and cannot be held liable in connection with any posting, content, image, or implication provided by its users. Orbs CCG does not monitor content. You acknowledge that Orbs CCG is not liable for damages, harm or defamatory, offensive, or illegal content posted by its users.
10. Termination and Suspension of Services
Orbs CCG reserves the right to terminate or suspend your account at any time, for any reason, in its sole discretion, and without providing any explanation or notice. This may include deletion or altering of content or user information. Termination or suspension of any account does not constitute monitoring on the part of Orbs CCG. Orbs CCG explicitly does not monitor content but may respond to inquiries which require actions such as termination or suspension. If terminated or suspended, you consent to not hold Orbs CCG liable for any harm or damages.
11. Unsolicited Idea Submission Policy
Orbs CCG and its agents do not, by policy, accept or consider unsolicited materials about the service, website, game, content, and products, including but not limited to feedback, comments, suggestions, ideas, concepts, plans, notes, drawings, original or creative materials, or other information. Please do not send any submissions to Orbs CCG or its agents. If you fail to follow this instruction and do send submissions, we will not treat your submissions as confidential nor proprietary. In the case of such submissions that Orbs CCG accepts inadvertently or contrary to the above policy, you hereby grant Orbs CCG a permanent, worldwide, non-exclusive, royalty-free and fully sublicensable license to use in any way, or create derivative works with the submissions, without giving you acknowledgement or compensation.
Your views, opinions, and ideas as expressed on Orbs CCG are your own. You agree to indemnify Orbs CCG and its agents, from any liabilities or harms relating to such content. This agreement indemnifies Orbs CCG and its agents from any damages or liabilities. Actions taken or threatened against Orbs CCG and its agents, by you or a third party acting by cause of you, possibly with or against you, may result in processing or lawyer fees. You agree to pay any such fees incurred by Orbs CCG in such an instance.
14. Entire Agreement
This ToS constitutes the entire service agreement between you and Orbs CCG, superseding any other agreements or contracts such as a prior ToS. You may however be subject to further agreements or terms for further products or services not covered by this ToS.
15. Statute of Limitations
You agree that any legal claim, benefit, notice, or cause of action arising or related to the use of Orbs CCG must be filed within one (1) year after the first occurrence of a relevant action relating to the claim, benefit, notice, or cause of action. You further agree that if you do not file such claim, benefit, notice, or cause of action within one (1) year of such occurrence, you shall be thereafter barred from making such claim, benefit, notice, or cause of action, regardless of any statute or law to the contrary. You consent to provide Orbs CCG with due notice of at least two (2) weeks before filing any such claim, benefit, notice, or cause of action. You agree that failure to provide proper notice will disqualify you from receiving any benefits or awards, or from proceeding with such claims.
You agree that any difference of understanding will be resolved under the jurisdiction of Santa Clara County, in the state of California, United States, or a jurisdiction to be decided by Orbs CCG at the time of filing, regardless of your place of residence or operation. Any legal claims, filings, proceedings or litigation arising in connection with this ToS will be brought solely in either Santa Clara County or the jurisdiction decided upon by Orbs CCG at the time of filing, and you consent to the jurisdiction of such courts.
17. Copyright Infringement and Compliance with the Digital Millennium Copyright Act
Orbs CCG will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that a copyright has been infringed on Orbs CCG, please contact us through the information provided on the Orbs CCG website. If you wish to respond to a claim of infringement, please contact us through the information provided on the Orbs CCG website.