terms & conditions

Because all xoddos are custom made to your specifications, we do not accept any returns or give refunds. All sales are final. We will however accept a return due to a shipping or manufacturing error. If this does happen to you please contact us for a return number, ship your xoddo back to us and we will build you a new one with our apologies at no charge.

Xoddos are not recommended for children 3 years of age & under.

right to use the xoddo website

right to use the xoddo website Xoddo grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment and use, upon all of the terms of this User Agreement. This Website contains materials and other items relating to Xoddo and its products and services, and similar items from our business partners, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, pictures, and software. In using this Website, you must respect the intellectual property rights of Xoddo and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, and privacy laws.

user account users do not need to create a user account to participate or use many features of this website, but we do require you create an account, and choose a username and password if you choose to save your creations. you must not choose a username that infringes the rights of any third party, or which is deliberately confusing or offensive, racist, obscene or otherwise unlawful. We reserve the right to change any username for any reason.

You agree to keep your password safe at all times and not to disclose it to any other person. you must ensure that your computer is kept free of viruses and Trojans to ensure the safety of your password. Xoddo staff will never ask you for your current password. you agree that your Xoddo characters and account and items are and remain the property of Xoddo. You may not sell, transfer or lend your account to anyone else, or permit anyone else to use your account, and you may not accept an account which anybody else offers you.

We reserve the right to delete all your accounts, block your access to our website and services, and/or take further legal action if you violate any of these terms and conditions. We may delete or modify any account at any time for any reason. top

intellectual property/copyrights/trademarks You hereby acknowledge that Xoddo owns all intellectual property rights in the materials on this web site. You may not use these materials except as expressly provided in these terms and conditions.

copyrights All Content is copyrighted, and it is either owned or used with permission by Xoddo. Xoddo disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Xoddo.

Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may print a personal copy of portions of the Content for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you any license or right to any Content under any copyright or any other intellectual property right.

trademarks The trademarks, logos, and service marks displayed on this Website are owned by Xoddo and third parties, and this Website's trade dress is owned by Xoddo (collectively, the "Trademarks", which also constitute Content). Nothing contained on this Website may be construed as granting, by implication, or otherwise, any right or license to use any Trademark. top

xoddo rules of conduct Your use of the xoddo website is subject to our Rules of Conduct. You must not infringe these rules. when creating xoddos we ask that you not use any language which may be considered by others to be offensive, racist or obscene. you agree not to use language or inferences in anyway that infringes the rights of third parties. you agree that for the purpose of preventing offensive language and behavior we may automatically or manually censor creations as we see fit.

You must not exploit any errors which you may find in Xoddo website. Any errors which you discover must be reported immediately to us. You must not attempt to use other programs in conjunction with Xoddo to copy or modify artwork or elements in any way. You must not deliberately enter false information into any of the forms on our website. You must not reverse-engineer, decompile or modify the xoddo website and software in any way. You must not use a modified/customised version of the xoddo client. You must not create or provide any other means by which xoddos can be made by others (including, without limitation, replacement or modified client/server software, server emulators).

Xoddo may elect to offer community features on this Website, such as message or bulletin boards, forums. In such events, Xoddo will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although Xoddo reserves the right to do so in its sole discretion. Xoddo does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.

As to any information or content that you upload or post to this Website, you represent and warrant to Xoddo that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Website: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services). top

submission of content occasionally we may accept ideas that are submitted by users. You agree that by submitting material for inclusion on Xoddo you are giving us a non-exclusive, perpetual, worldwide, royalty-free license to use and/or modify the submitted materials as we see fit. You agree that you will not withdraw the submission or attempt to make a charge for its use. Furthermore you warrant that you are the exclusive copyright holder of the submission, and that the submission in no way violates any other person or entity's rights

Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to Xoddo via this Website or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and Xoddo will not assume any responsibility, obligation, or liability for them or for Xoddo's receipt or non-receipt of them. Xoddo's receipt of Your Submissions is not an admission by Xoddo of their novelty, priority, or originality, and it does not impair Xoddo's right to contest existing or future intellectual property rights relating to Your Submissions.

When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. top

online shopping Xoddo offers online capabilities to purchase products. please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products. As to services featured on this Website, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement.

any questions please contact us via email at: info@xoddo.com

no purchases by minors By ordering a product or service online from Xoddo, you represent that you are 18 years of age or older. It is the responsibility of the parent or guardian to limit purchases on their credit cards. If a child under the age of 18 orders a product or service from Xoddo without parental or guardian permission, Xoddo will not be under any obligation to accept returns or provide refunds.

taxes you are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from Xoddo.

postage and handling; Insurance You are responsible for paying all postage, handling, and insurance costs. these costs are built into the shipping and handling fees and cannot be bypassed.

returns and warranties because all xoddos are custom made to your requirements we do not accept any returns for refunds. all sales are final. we will however accept a return due to a shipping or manufacturing error. if this does happen to you please contact us for a return number, ship your xoddo back to us, and we will build you a new one with our apologies at no charge.

gift certificates cannot be redeemed for cash

shipping information click here: xoddo shipping

xoddo customers must file all freight claims for any goods damaged or delayed in transit; we will assist you in every way if needed. top

privacy policy Xoddo must collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. But Xoddo respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our sites. By signing-up for an account you are opting-in to allow us to store minimal personal information, cookies, etc. We shall comply with all applicable data protection laws Please click here to review our Privacy Policy

we have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. Our partner Google checkout uses Secure Sockets Layer (SSL)technology to protect credit card data during transmission, and adopt careful internal procedures to safeguard this information in their system. Xoddo does not collect credit card data whatsoever. Vendors, service providers, and others who help us make this Website and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to Xoddo. Nevertheless, we cannot guarantee complete security of personal information. top

availability We will make reasonable commercial efforts to ensure that this web site is available 24 hours per day without any interruptions. However, we reserve the right to make this web site unavailable at any time or to restrict access to parts or all of this website without notice. top

parental guidance While we reserve the right to monitor and take action upon inappropriate use of this web site, we cannot guarantee that this web site will not contain any content provided by third parties that is inappropriate, offensive or otherwise objectionable. top

shipping policy click here for current shipping policies. xoddo shipping

links This web site may include links to other internet sites. We make no representations or warranties about those sites or their content, nor that the links work. linked sites may include, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of Xoddo. Xoddo has no control over the content of Linked Sites, and Xoddo does not assume any obligation to review any Linked Sites. Xoddo does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Xoddo disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and Xoddo disclaims all liability in connection therewith.

banners, advertisements, and promotions We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Xoddo disclaims all liability in connection with therewith. top

general provisions

Indemnity You agree to indemnify, defend, and hold harmless Xoddo (which includes Xoddo's affiliates and subsidiaries) and its officers, employees, agents, business partners, from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, or action made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.

Revisions to this Website and this User Agreement Xoddo may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. Xoddo may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.

Jurisdiction, Venue, and Alternative Dispute Resolution Any controversy or claim relating to this Website, the Content, or this User Agreement not otherwise resolved between you and Xoddo will be settled solely by binding arbitration of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes in accordance with the Commercial Arbitration Rules. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in the New York State, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Xoddo relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in state or federal court in Erie County, New York. Accordingly, you consent to the personal jurisdiction of the courts in Erie County, New York with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. top

your liability If you use this web site for any illegal purpose or for any purpose other than that expressly permitted by these terms and conditions or otherwise in breach of these terms and conditions, you will be liable to indemnify us in full for any loss, liability or costs which we incur arising from or in connection with such use or alleged use.

Our liability Except as expressly provided in these terms and conditions, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care.

We shall not be liable in contract, tort (including negligence), statutory duty or collaterally or otherwise arising out of or in connection with these terms and conditions or this web site for consequential, indirect or special loss or damage or any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred. top

severability If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement. top

assignment You may not transfer any of your rights or delegate any of your obligations under these terms and conditions without our prior written consent. top

complaints If you are dissatisfied with this web site or any aspect of it, please contact Customer Support. top

investigations; cooperation with law enforcement; termination Xoddo reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever. top

use restrictions You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity. top

disclaimers and limitations of liability This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. XODDO DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN XODDO WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, XODDO WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

returns Because all xoddos are custom made to your specifications, we do not accept any returns or give refunds. All sales are final. We will however accept a return due to a shipping or manufacturing error. If this does happen to you please contact us for a return number, ship your xoddo back to us and we will build you a new one with our apologies at no charge. back to top