TERMS OF SERVICE

 

OVERVIEW

 

This website is operated by THE EXIT GAME. Throughout the site, the terms “we”, “us” and “our” refer to THE EXIT GAME. THE EXIT GAME offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Bookeo. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall THE EXIT GAME, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless THE EXIT GAME and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 2975 E White Star, Anaheim, CA, 92806, United States.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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Exit Game PRIVACY POLICY

DATE OF LAST REVISION: AUGUST 1, 2017

Exit Game. (“Exit Game”, “we”, “us” and/or “our”) is committed to protecting your privacy. Wherever possible, we want to communicate openly and directly with each and every user of our automated marketing and customer engagement service for businesses and related services (the “Services”).

This Privacy Policy sets forth Exit Game’s policy with respect personally identifiable data (“Personal Data”) and other information that is collected from three groups of users: individuals that register to use or purchase the Services (“Customers”), our Customers’ actual or prospective customers (“Consumers”) and visitors to our corporate website or other websites managed through the Services (“Visitors”).

CONFIDENTIALITY OF YOUR CONSUMER INFORMATION AS A CUSTOMER

We understand the importance and proprietary nature of our Customers’ customer lists (your list of actual and prospective Consumers), and we will not share Personal Data about your Consumers with your competitors. We only provide information about your Consumers to our other Customers on an anonymous and/or aggregated (non-personally identifiable) basis, in a manner consistent with this Privacy Policy.

COLLECTION AND USE OF YOUR INFORMATION, AS A CUSTOMER, CONSUMER OR

VISITOR

When you interact with us through the Services, we may collect Personal Data and other information from you, and use such information, as further described below:

Personal Data That You Provide Through the Services: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services. Wherever Exit Game collects Personal Data from you, we make an effort to provide a link to this Privacy Policy. Exit Game uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Exit Game and the authorized third parties referred to herein located in the United States.

Other Information:

Non-Identifiable Data: When you interact with Exit Game through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Exit Game may store such information itself or such information may be included in databases owned and maintained by Exit Game affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors’ Internet service providers. It is important to note that no Personal Data is available or used in this process.

In operating the Services, we may use cookies, pixel tags or other identifiers (collectively, “Cookies and similar technologies”) to help provide additional functionality to the Services, help us analyze Services usage more accurately and collect information about your browsing activities over time and across different websites following your use of the Services. For instance, our Services may use a pixel tag to present you with communications that we think may be more relevant to you. In all cases in which we use Cookies and similar technologies, we will not collect Personal Data except with your permission. Third parties that you interact with as you use the Services (including Customers) may also use Cookies and similar technologies for a variety of purposes. Your browser or device may offer settings related to these Cookies and similar technologies. For more information about whether these settings are available, what they do, and how they work, visit your browser or device’s help material. We recommend that you leave Cookies and similar technologies turned on because they allow you to take advantage of some of the Services’ features. In addition, in operating the Services, we may also use web beacons or similar technologies. Web beacons are small, invisible graphic images that may be used on the Service or in emails relating to the Service to collect certain personally non-identifiable information and monitor user activity on the Services, such as to count visits, understand usage effectiveness and to tell if an email has been opened and acted upon. As with our use of cookies, if any information collected through the use of web beacons is associated with Personal Data, we will treat it as Personal Data.

Our Services currently do not respond to “Do Not Track” (DNT) signals and operate as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.

Data from Third-Party Sources: In order to improve the Services, we may obtain from third parties certain Personal Data and other non-personally identifiable information about Consumers, and this information is treated in a manner that is consistent with this Privacy Policy.

COLLECTION AND USE OF YOUR INFORMATION AS A CONSUMER

The Services use and provide to our Customers certain Personal Data and other non-personally identifiable information about their Consumers and those Consumers’ interactions with our Customers’ products and services. Exit Game obtains this information as a result of information being sent to our servers by Exit Game’s Customers, by the tracking agent (the “Agent”), as embedded by or on our Customers’ behalf, on our Customers’ websites and in emails sent to our Customers’ Consumers. Exit Game uses this data to create reports for our Customers to analyze how their Consumers interact with their products and services and to create reports and/or metrics against which they can compare their user base. In addition, we provide our Customers with aggregated and anonymous benchmark data that includes their Consumer data and our other Customers’ Consumer data.

AGGREGATED PERSONAL DATA

In an ongoing effort to better understand and serve the users of the Services, Exit Game often conducts research on its Customers and their Consumers’ demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Exit Game may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Exit Game may also disclose aggregated statistics and other anonymized (personally non-identifiable) information about its Customers and their Consumers, in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

OTHER USES OF YOUR PERSONAL DATA AND OTHER INFORMATION

As part of our Services, Exit Game and its affiliates may use Personal Data collected through the Service to contact you in the future about services we believe will be of interest, including marketing communications sent on behalf of multiple Customers or other parties (“Multiple Customer Emails”). All of our communications will include opt-out instructions, as follows:

1. Marketing communications sent on behalf of our Customers will contain instructions permitting the Consumer to opt-out of receiving future marketing communications from that specific Customer, and a Customer may also directly inform Exit Game of an opt-out from such Customer’s Consumer (each, a “Customer-Specific Opt-Out”). If a Consumer opts-out of such marketing communications by informing the Customer, we will not be aware of such opt-out until the Customer informs us; however, the Consumer can still directly opt out of marketing communications by following the instructions provided by us to opt-out.

2. Multiple Customer emails will contain instructions permitting the Consumer to opt-out of receiving such future Multiple Customer Emails. Note that such an opt-out does not constitute a Customer-Specific Opt-Out.

Exit Game and its subsidiaries and affiliates (the “Related Companies”) may also use Personal Data and other personally non-identifiable information collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Services.

If Exit Game intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION

Exit Game is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth above in this Privacy Policy, and as follows:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies: We may also share Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: Exit Game, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Exit Game may disclose Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Exit Game, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

As a Customer, you must plainly and conspicuously notify your Consumers that when they use your website or service, information about their activities online is being collected by a service that collects information about their activities across different websites, and describe the above opt-out procedures, in a privacy agreement or policy with your Consumers.

Exit Game is not responsible for any use by its Customers of any data regarding their Consumers. Those Consumers should review the policies of the applicable Customer(s) to understand their use of such data.

YOUR CHOICES

You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.

EXCLUSIONS

This Privacy Policy does not apply to any Personal Data collected by Exit Game other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Exit Game through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Exit Game shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

CHILDREN

Exit Game does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. If you have reason to believe that a child under the age of 13 has provided Personal Data to Exit Game through the Services, please contact us, and we will endeavor to delete that information from our databases.

You may not use the Services: a) in connection with any product, service, or advertisement directed towards children or b) to collect any Personal Data of children.

LINKS TO OTHER WEB SITES

This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by Exit Game (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that Exit Game endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

SECURITY

Exit Game takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Exit Game via the Internet.

CHANGES TO Exit Game’S PRIVACY POLICY

The Services and our business may change from time to time. As a result, at times it may be necessary for Exit Game to make changes to this Privacy Policy. Exit Game reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

ACCESS TO INFORMATION; CONTACTING Exit Game

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services.

Please also feel free to contact us if you have any questions about Exit Game’s Privacy Policy or the information practices of the Services.

You may contact us as follows: info@TheExitGame.com

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