Welcome to the Decksi website ("Site"). By using this Site, you signify your agreement to be bound by all of these Terms of Service ("Terms"). These Terms govern the relationship between you and CREATIVE D INC. ("CD" or "we" or "us") regarding your use of this Site, Decksi and related applications, content, product and services (collectively, the "Service"). If you do not agree to these Terms, do not use this Service.
Please note that these Terms may be revised from time to time by updating this posting. You should visit this page regularly to review the current Terms. Your continued use of this Service, will signify your acceptance of any revisions.If you do not agree to the revisions, discontinue use of this Service. These Terms were last updated on September 25, 2012.
If you are under 18 years of age, you must ensure that your legal guardian has reviewed and agreed to these Terms prior to any use by you of the Service. Please make certain your legal guardian reviews the Content Advisory in the next paragraph.
You and your legal guardian understand that certain content in the Service may not be appropriate for persons under the age of 18 years. Although we will endeavour to provide appropriate advisories, we will not be held liable in any manner whatsoever for failure to do so.
To access certain elements of this Site or to use parts of the Service, you may be required to register an account with Decksi directly and/or through your account with other sites, services and applications, such as Facebook, or other third party services (the "Third Party Services"). You agree that all details you provide will be accurate, current and complete. If we are not provided such details or if we believe the details are not accurate, current and complete, we have the unconditional right to refuse your access to, or use of the, Service. By registering with Decksi and/or through a Third Party Service, you agree to abide and be bound by all applicable terms and policies of such Third Party Service.
For your account, you may be required by Decksi and/or a Third Party Service to select a username and/or password. You shall maintain the confidentiality of your username(s) and password(s) and be responsible for all uses of your username(s) and password(s), including any purchases made, whether or not authorized by you. You are responsible for anything that happens through your account. CREATIVE D INC. reserves the right to remove or reclaim any usernames or passwords that violate any laws, rules, regulations or policies, or infringe upon or otherwise violate any third party's rights.
The Service and any content and materials included in or on the Service, including, without limitation, text, graphics, photographs, games, themes, titles, computer code, concepts, images, artwork, illustrations, animations, music, video, audio, audiovisual works, designs, logos, software, including the Decksi platform and applications (collectively, "Materials"), as well as the selection, coordination, arrangement and enhancement of such Materials on the Service, are protected by copyrights, patents, trade secrets or other proprietary rights owned by CREATIVE D INC. and/or its licensors ("Intellectual Property Rights"). The "Decksi" name and some of the programs, characters, logos, names or other images incorporated in or on Service are also protected as registered or unregistered trade-marks, trade names and/or service marks owned by CREATIVE D INC. and/or its licensors and third parties ("Trade-marks"). The use or misuse of any of the Materials is strictly prohibited. CREATIVE D INC. or our licensors or suppliers, as the case may be, retain exclusive ownership of all data, material and other information regarding your use of the Service, including your account.
Your right to make use of this Service and any Materials or other content appearing in or on the Service is subject to your compliance with these Terms. Modification or use of the Materials or any other content in or on the Service for any purpose not permitted by these Terms may be a violation of the Intellectual Property Rights and/or Trademarks and may be prohibited by law.
You may access and display Materials and all other content displayed in or on the Service for non-commercial, personal, entertainment use only. The Materials and all other content in or on the Service may not otherwise be copied, reproduced, framed, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by CREATIVE D INC. Any authorization to copy any Material granted by CREATIVE D INC. in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use, and is subject to your keeping intact and un-amended all copyright, trademark and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited unless specifically authorized by CREATIVE D INC. Also, to the extent permitted by applicable law, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
A "Deck" is a collection of content cards (which may be comprised of audio, video, images and/or games) organized as a single collection. There are a set number of cards in each deck, and different cards may have different levels of scarcity. There are many things you can do in Decksi besides enjoy the content you have collected. For instance, you can trade or give away cards to help other players complete their decks, or you can complete tasks to achieve rewards.
You must provide all equipment and software necessary to use the Service. You are responsible for any fees, including Internet connection, usage or mobile or other fees and charges that you incur when using the Service.
As the rules and features of Decksi may vary from deck-to-deck, please make certain you read the rules and/or features (if any) for each deck so that you understand how to play the game associated with that deck.
Cards may be acquired by you in many ways. As part of the game, cards may be given to you, you may win them, and you can purchase them. You may purchase cards by using virtual currency such as "Facebook Credits" or through your iTunes account or through any other similar payment and/or credit options used by Decksi.. Purchases are non-refundable.
Subject to your continued compliance with the Terms, in respect of cards you purchase or otherwise "own", CREATIVE D INC. grants you a non-exclusive, non-transferable, revocable limited license to use the Decksi platform in connection with the cards solely for your own non-commercial entertainment purposes in the licensed territory. You understand and acknowledge that any of the cards you "purchase" or otherwise own have no monetary value and can only be used, accessed and exhibited by you when using the the Decksi platform in the licensed territory. You further understand and acknowledge that once you trade or otherwise transfer a card to another player, you will forever cease to own that card and the license to use the Decksi platform in connection with such card will thereupon be transferred to such other player.
CREATIVE D INC. reserves the right, at any time, to terminate your license in respect of any cards owned by you if required to do so by reason of a third party claiming rights to the content displayed on the cards. In such case, although not obligated to do so, CREATIVE D INC., may, in its sole discretion, decide to compensate you by providing you a replacement card of similar quality or by giving you an appropriate number of credits for use in the Decksi game.
For general information concerning the Decksi game, please click here.
In addition, as the rules and features of Decksi may vary from deck-to-deck, please make certain you read the rules for each deck so that you understand how to play the game associated with that deck.
You agree to use the Service only for authorized and legal activities. CREATIVE D INC. reserves the right, in its sole discretion, to terminate your access to all or part of this Service, including your account, with or without notice, and for any reason whatsoever. In such event, you can lose your account, benefits, privileges, as well as any earned and purchased items. CREATIVE D INC. will be under no obligation to compensate you for any such losses or results.
This Site may include chat rooms, forums and links to third-party social network services which allow for feed-back to CREATIVE D INC., public posting of messages and other content and interaction amongst users. CREATIVE D INC. does not control the materials, messages, opinions, information, content or files delivered through these chat rooms, forums and social network services (the "Information"). The Information included and/or expressed within these chat rooms, forums and social network services are not those of CREATIVE D INC. or its content providers. Any use of such chat rooms, forums and social network services will be at your own risk and subject to the terms and conditions of such services. Some Information may be lost as a result of a system error or as a result of editing. CREATIVE D INC. is not responsible in any manner whatsoever for lost data.
You agree that any Information you post, transmit, upload, distribute or publish (a) will not be libelous, seditious, defamatory, blasphemous, fraudulent, obscene, pornographic, abusive, or which is otherwise offensive or illegal, (b) will not infringe any copyright, trademark, patent, trade secret, right of privacy, right of publicity or otherwise be in violation of any third party's rights, as determined in the sole discretion of CREATIVE D INC, and (c) will be free of viruses, adware, spyware, worms or other malicious code. You agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this Site. In addition, while using the Site, you shall comply with generally accepted Internet standards and shall refrain from any abusive use of the Internet in accordance with the Terms.
By submitting the Information, you hereby grant CREATIVE D INC. a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, reproduce, adapt, modify, create derivative works from, sub-license, transmit, distribute, publicly perform, display or otherwise exploit any or all portions of such Information in any manner and media and by means of any technology now known or hereinafter developed. In addition, you hereby waive all moral rights in and to such Information.
It is prohibited to use the Service in any manner so as to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity. This prohibition extends to any comments or conduct that CREATIVE D INC. may deem, in its sole opinion to be vulgar, hateful or racially or ethnically offensive, or otherwise objectionable. For greater certainty, any message or conduct that is repeated after warning or notification is given that such conduct is unwelcome, constitutes harassment.
You agree that you will not use cheats, exploits, software, bots, hacks, mods or any other unauthorized software designed to modify or otherwise interfere with the Service or any game experience. In addition, you agree that you will not engage in any activity that is designed to disrupt or interfere with the proper functioning of the Service or any person's use of the Service, including, without limitation, distributing or releasing any virus or other service attacks upon the Service.
CREATIVE D INC. may change, suspend or terminate the Service, in whole or in part, for any reason, at any time, without notice or liability. CREATIVE D INC. reserves the right to stop offering and supporting the Service or a particular game or part of the Service, at any time either permanently or temporarily, at which time your license to use the Service or part thereof (including, the ability to access any cards you own) will be automatically suspended or terminated, as the case may be. CREATIVE D INC. further reserves the right to terminate your account, which can include disabling your access to the Service or any part thereof, including any content (including cards) purchased or submitted by you or to you. CREATIVE D INC. shall not be required to provide you any refunds, benefits or other compensation as a result of any such change, suspension or termination to the Service and/or your account or your access thereto.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT THIS SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CREATIVE D INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CREATIVE D INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THIS SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATIVE D INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE ON THIS SERVICE OR ANY WEBSITES LINKED TO THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CREATIVE D INC. MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT IN THIS SERVICE OR ANY OTHER WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND CREATIVE D INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON THIS SERVICE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
CREATIVE D INC., INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS AND LICENSORS ("CD GROUP"), SHALL NOT BE LIABLE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR ANY LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON THIS SERVICE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE CD GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU (AND NOT ANY MEMBER OF THE CD GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold harmless the CD GROUP from and against any and all losses, liabilities, claims, damages, costs and expenses, including reasonable legal fees, which may arise from your use or misuse of the Service, including, without limitation, your violation of the Terms herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will co-operate with us in asserting any available defences.
The Materials and all other content in this Service are presented for the purpose of providing entertainment and information and promoting programs, films, music and other products available in Canada. By choosing to access this Site from any location other than Canada, you accept full responsibility for compliance with all applicable local laws. CREATIVE D INC. makes no representation that materials on this Service are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited.
This Agreement shall be construed in accordance with the laws of the Province of Ontario, and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms or your use of this Service shall be filed only in the applicable courts sitting in the Province of Ontario or the Federal Court of Canada, and you further agree and submit to the exclusive jurisdiction of such courts for the purpose of litigating any such claim or action.
Any questions, complaints or claims with respect to the Service should be directed to CREATIVE D. INC. at 20 Maud Street, Suite 307, Toronto, Ontario, M5V 2M5, Canada. Phone 1-866-436-3219; Email: email@example.com.