Terms Of Use

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Terms Of Use

Last Update: January 1, 2022


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 (“Service”) however accessed and/or used, which are
operated by or otherwise made available by VanquishersTCG, LLC. . or its affiliates
(“VanquishersTCG ” or “we”, “us”, or “our”):
(i) www.vanquisherstcg.com ;
(ii) The VanquishersTCG registration system;
(iii) All apps published by VanquishersTCG LLC, whether for tablets, smart TVs, video
game consoles, social media platforms, mobile devices, or other platforms (“Apps”),
unless otherwise indicated in the app;
(iv) The Vanquishers Trading Card Game Online Application (“Altezza”);
(v) All email newsletters published or distributed by VanquishersTCG LLC; and
(vi) All other interactive features, services, and communications provided by
VanquishersTCG LLC.


2. THIS IS AN AGREEMENT BETWEEN YOU AND VANQUISHERSTCG, LLC. By accessing,
downloading, or using the Service, you acknowledge that you have read, understood,
and agreed to these Terms. and any code of conduct that we may put forth from time to
time. Where you are permitting a minor to use the Service, you are also agreeing that the
minor will adhere to the Terms. VanquishersTCG Privacy Notice () (“Privacy Notice”),
explains VanquishersTCG’s collection, use, transmission, and disclosure of your
personal information provided by or collected from you. By agreeing to be bound by
these Terms, you are also agreeing that you have read and understood the collection,
use, transmission, and disclosure of your personal information or data as described in
the Privacy Notice (and as amended from time to time). You should review the Privacy
Notice before using the Service. 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, screenshots,
graphics, logos, downloads, and other files, is the property of VanquishersTCG and is
protected by the 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 the use of our
trademarks and copyrights. Subject to any limitations under applicable law, 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 created or developed
including 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 and subject to any 

limitations under applicable law, 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 VanquishersTCG Customer Service directly so we can address them as
quickly as possible. Visit VanquishersTCG Support 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 VanquishersTCG. You should not rely on
such opinions, advice, or other information. NeitherVanquishersTCG 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 INFRINGEMENT CLAIMS. If you believe a portion of the Service infringes
your copyright and you wish to file a copyright infringement notification with us, please
visit _______ for directions on submitting a copyright infringement notice to 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 VanquishersTCG, (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.

You acknowledge and agree that you are solely responsible for maintaining the
confidentiality of your any account, login ID and password you use in connection with
the Service, including by not reusing passwords you have used with the Service for any
other account. You agree that VanquishersTCGn will not be responsible for any losses
arising out of any unauthorized use of your VanquishersTCG accounts.

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 rights; 

(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. VANQUISHERS WEBSITE REGISTRATION. In order to access some features of the
Service, you will need to create a VanquishersTCG account. If you elect to create a
VanquishersTCG Account (REGISTRATION LINK HERE), use a VanquishersTCG Account
to sign up for other portions of the Service (such as Altezza Counter App), or
authenticate your identity on 3rd party-operated services, 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 PTC Account.
(iv) Never use another person’s PTC 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 to 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

A Special Note Concerning Privacy and Children Online Parents may want their children
to access this Service. Children can create a VanquishersTCG Account using the
ordinary process, with your permission solicited where appropriate.


8. CONTESTS; SWEEPSTAKES. This Service may refer to contests, sweepstakes, or
similar 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. UPDATES AND CHANGES TO THE SERVICE. We may, from time to time, issue patches
or updates for portions of the Service which must be installed to continue using those
portions of the Service. You consent to receive and install those patches 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 a match, to lose Virtual Content, or to have no further access to all or part of the
Service.


10. 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, YOU 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 VANQUISHERSTCG 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 VANQUISHERTCG’S
NEGLIGENCE, WILL VANQUISHERSTCG 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
IFVANQUISHERSTCG 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 VANQUISHERSTCG 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 PTC 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.


11 INDEMNIFICATION. You agree to indemnify, defend, and hold VanquishersTCG 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. VanquishersTCG 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
VanquishersTCG.


12. GENERAL PROVISIONS. These Terms, our Privacy Notices, and any additional terms
posted on this Service together constitute the entire agreement between
VanquishersTCG and you with respect to your use of this Service. Any cause of action
you may have related 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
Washington, excluding its conflict of laws provisions, as applied to agreements
executed by Washington residents and performed solely within the State of Washington,
and you submit to personal jurisdiction in Washington. You irrevocably agree that the
state and federal courts located in the State of Washington, 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.

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