Terms of Use

Last Updated: December 15, 2008

Introduction Welcome to Xeko.com (the "Website"). Xeko.com is operated by Matter Group LLC, ("Matter Group") a Washington partnership, which is located at 3518 Fremont Ave N, #325, Seattle, WA 98103. Unless otherwise stated, "Xeko", "Xeko.com", "Matter Group", "we" or "our" refers to Matter Group and its successors and assigns. This Terms of Use is a contract between you and Matter Group and applies to all users of the Website. In this Terms of Use "you" or "your" means any person or entity using this Website. If you have any questions relating to this Website, send them to the attention of our Customer Service Representative at service@xeko.com.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING XEKO.COM. By accessing Xeko.com or by clicking a box that states that you accept or agree to these terms, you agree to be legally bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE XEKO.COM. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE ON BEHALF OF YOURSELF AND YOUR CHILD TO BE BOUND BY THESE TERMS OF USE. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these Terms of Use. Changes will be made by posting revised versions of these Terms of Use on our Website. All changes shall become effective immediately upon their posting.

USE OF CONTENT The Site is only for your personal use, and may not be used for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. All information, services, products, materials, functions, and other content (including Submissions, as defined in the section entitled "SUBMISSIONS" below) ("Content") contained on this Website, including, without limitation, Xeko Store items, Mission Codes, all digital images activated by such codes, Member Materials, Quizzles, Xekopedia, Agent Zone, Xeko Vault, Activities, and Missions are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, trade dress and patents are the property of Matter Group, its partners, affiliates, third party licensors/licensees and suppliers and/or any of their successors and assigns. Matter Group has the right to vary, change, discontinue or modify any feature or function available on this Website, any part or all of this Website, and to restrict access to parts or all of this Website from time to time with or without notice to you for any or no reason. Except as we specifically agree in writing, no Content from this Website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of this Website, except that where a Website is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the Content, in whole or in part, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. In the event that we offer downloads of software on this Website and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. You acknowledge and agree that nothing in these Terms of Use shall have the effect of transferring the ownership of any trademarks, service marks, trade names or other proprietary rights in the Site or Content or any part thereof to you or any third party. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

SUBMISSIONS In these Terms of Use, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, images, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through this Website. There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions: (a) that we expressly request or enable you to provide to us via any feature or activity on this Website for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration"); and (b) that you Distribute on or through this Website for which you do not seek Consideration. "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph. We do not accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through this Website. You agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Except as expressly stated in these Terms of Use, the provisions of these Terms of Use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

LICENSES AND REPRESENTATIONS In consideration for the opportunity to have your Submission reviewed and potentially used in connection with Xeko, you hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable, perpetual, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any further permission from or payment to you or to any other person or entity (the "Submissions License"). By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth below in at [insert link to Rules of Conduct]) and other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms of Use (including the Submissions License). These Terms of Use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions. To the extent that we solicit Submissions through features or activities on or through this Website that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use. You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.

ACCOUNTS Some services on our Website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at service@xeko.com, of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Website. In addition, you agree to exit from your account at the end of each session. We may suspend or terminate your account and your ability to use this Website or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

PUBLIC FORUMS AND COMMUNICATION "Public Forum" means an area, site or feature offered as part of this Website that offers the opportunity for users to Distribute Submissions for viewing by one or more of this Websites users, including a chat area, message board or social community environment. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you Distribute on or through this Website under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute. We reserve the right to screen, refuse to post, remove or edit Submissions at any time and for any or no reason including, without limitation, if your Submission fails to conform to the Rules of Conduct, in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

RULES OF CONDUCT The following Rules of Conduct apply to xeko.com.

We're all here to have fun in a safe environment, and Xeko.com users agree to bring their best, be good sports, and play fair.

By using xeko.com, you agree that you are responsible for the content of materials you enter on this Website.

House Rules

1. Be respectful at all times. No inappropriate content, bullying, or cheating
2. Publish your own work. No copying, borrowing, or stealing
3. Entries must be complete and relevant to the activity at hand. No gibberish or incomplete entries
4. Stay safe and protect your personal information. No posting personal information via xeko.com: first and last name, phone number, address, or photo of yourself or others, to name a few
5. Leave your business at the office. No commercial posts
6. All submissions must meet the Official Terms of Use

Zero Tolerance for Inappropriate Content

By using xeko.com, you agree that you are responsible for the content of materials you enter on this Web site.

Users of xeko.com must not use this Web site to upload, transmit, submit, display, publish, disseminate, or otherwise communicate information that is

1. threatening, defamatory, abusive, harassing, or an invasion of another person's privacy;
2. violent, vulgar, offensive, obscene, or pornographic;
3. infringing on the intellectual property rights of any third party, including copyright, trademark, patent, or other proprietary or contractual rights;
4. antisocial, disruptive, or destructive;
5. illegal or advocates illegal activity;
6. part of a commercial- or business-related activity offering to sell products, services, or otherwise solicits others including donations or contributions; or
7. a virus or any other computer code, corrupt files, or programs designed to interrupt or limit the functionality of or disrupt xeko.com software, hardware, servers, or other equipment.

Users of xeko.com must not:

1. Use xeko.com to reveal personal information to other users. Stay safe by never sharing your real name, address, email, phone number, or passwords with other users.
2. Attempt to gain access to another user's account.
3. Attempt to get any other user's password or personal information.

We can't guarantee that other users will comply with the above Rules of Conduct or the provisions of the xeko.com Terms of Use. By using xeko.com, you assume all risk of injury or harm resulting from anyone not following the Rules of Conduct. Report abuses to service@xeko.com.

COOPERATION; REMOVAL OF SUBMISSIONS Without prejudice to any of our other rights under these Terms of Use or at law, we reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from this Website that violates these Terms of Use (including the Rules of Conduct) and (b) to the extent we are able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use (including the Rules of Conduct) and/or game rules, and/or protect the safety or security of any person or property, including this Website. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

DISCLAIMERS SUBJECT TO APPLICABLE LAW, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

This Website may contain the opinions and views of other users. Given the interactive nature of this Website, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. The content of these Websites are intended for educational and entertainment purposes only. Such content is not intended to, and do not, constitute legal, professional, and may not be used for such purposes.

PAYMENT & TAXES: Prices for use of our products shall be determined solely by us. If you are unsure as to the price applicable, you must contact us prior to obtaining a Xeko Product. Payment is due prior to download or delivery of any Xeko Product. You agree to payment for the license of the Xeko Product according to the terms of the invoice. You are required to pay for all Xeko Products that you obtain, regardless of whether you use them. You are solely responsible for the payment of all sales and use tax, when applicable. We do not accept resale certificates without prior written approval and at our sole discretion.

INDEMNIFICATION You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including attorneys' fees, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of this Website and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Matter Group does not warrant that this Website, or any Website which this Website is linked to will be available at any particular time, will be provided in an uninterrupted or error-free manner or will be corrected if found to be defective. We reserve the right to modify and/or discontinue this Website at any time without notice. To the extent that you communicate with Matter Group's customer service department or a Matter Group representative through any source the statements, promises or actions taken by such sources shall not limit or otherwise modify the terms of this disclaimer and/or this Terms of Use and this disclaimer and this Terms of Use shall apply to any information provided to you through such sources. In addition, Matter Group does not warrant that this Website or the servers that make this website and it's contents available will work with any particular hardware or software systems or configurations or are free of viruses or other harmful components. Finally, Matter Group does not warrant or make any representations regarding the use of the results of this Website in terms of their correctness, accuracy, reliability, timeliness or otherwise. If your sue of this Website results in the need for servicing, updating or replacing your equipment or software, you and not Matter Group are responsible for the costs.

LIMITATION OF LIABILITY.
TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THIS WEBSITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO THIS WEBSITE OR CHANGE THE WEBSITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

JURISDICTIONAL AND VENUE ISSUES Subject to the requirements of applicable consumer rights and other laws, you agree that any action at law or in equity arising out of or relating to these Terms of Use or the Websites shall be filed, and that venue properly lies, only in state or federal courts located in King County, Washington, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on our Website is appropriate or available for use in any particular location. Those who choose to access our Website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

GENERAL PROVISIONS. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use take effect as an agreement and separately as a notice which limits the basis on which Matter Group makes the Website available. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.