Terms of service
These Terms of Use (the “Terms”) govern access to and use of the Planarist website, online shop, mobile application, and related services (collectively, the “Service”). The Service is operated by Southern Sword LLC, doing business as Planarist (“Planarist,” “we,” “us,” or “our”).
By creating an account, purchasing a product or ticket, clicking to accept these Terms, or otherwise accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
These Terms apply to players and other end users of the Service. Stores and other vendors that list events through Planarist (“Vendors”) are subject to a separate Vendor Agreement.
1.- Eligibility and Account Registration
Age. You must be at least 13 years old to use the Service, including to create an account. If you are under the age of legal majority where you live, you may use the Service only with the consent and supervision of a parent or legal guardian who accepts these Terms on your behalf and is responsible for your use of the Service.
Account. You may need to register an account to use certain features. You agree to provide accurate, current, and complete account information and to keep it current. You are responsible for safeguarding your account credentials and for all activity occurring through your account. Notify us promptly at support@planarist.com if you believe your account has been accessed or used without authorization.
One Account. You may not maintain more than one personal account, transfer your account, or allow another person to use your account without our prior written permission.
Account Security. We may require you to reset credentials, verify account information, use additional security measures, or suspend account access when we reasonably believe an account has been compromised or is being used in violation of these Terms.
2.- Acceptable Use
Planarist is a community space for players of a trading card game. You may not use the Service to:
post, transmit, or display content that is unlawful, harassing, threatening, abusive, defamatory, or invasive of another person’s privacy;
engage in hate speech or content that promotes, incites, glorifies, or facilitates violence or discrimination against individuals or groups based on race, ethnicity, national origin, religion, caste, sexual orientation, gender, gender identity, disability, or serious disease;
sexually exploit, endanger, or post sexualized content involving minors;
harass, stalk, dox, impersonate, defraud, or intentionally deceive another person;
plan, promote, or carry out illegal activity, including the sale of regulated, illegal, stolen, counterfeit, or unlawfully obtained goods at listed events;
submit fraudulent ticket purchases, misuse payment methods, initiate bad-faith payment disputes, or otherwise engage in payment fraud;
upload viruses, malware, or code intended to disrupt, damage, or gain unauthorized access to the Service or another person’s systems;
scrape, crawl, harvest data from, or use automated means to access the Service, except as expressly authorized by us in writing;
bypass, disable, interfere with, or attempt to circumvent a security feature, access control, rate limit, content restriction, or account suspension;
reverse engineer, decompile, or attempt to derive the source code of the Service, except to the limited extent applicable law expressly permits;
resell, sublicense, or commercially exploit the Service or any part of it without our written permission; or
interfere with the integrity of an event, including by purchasing tickets for resale at an inflated price in violation of applicable law or Vendor rules.
Enforcement. We may investigate suspected violations and take action we consider appropriate, including removing content, suspending or terminating accounts, cancelling transactions where permitted, refusing to process transactions, and cooperating with law enforcement or payment providers. We may act without prior notice where reasonably necessary to protect the Service, users, or others, or as required by law.
3.- Physical Products and Orders
Scope and Seller. These Terms also apply to purchases of physical products through the Planarist online shop. Southern Sword LLC d/b/a Planarist is the seller of products purchased directly from that shop. Purchases from independent retailers or Vendors are subject to the seller’s applicable terms. The event-ticket provisions do not govern physical-product purchases.
Orders and Payment. By placing an order, you offer to purchase the selected products and authorize us and our payment processor to charge your selected payment method for the total displayed at checkout, including applicable taxes and shipping charges. An order acknowledgment confirms receipt of your order but does not constitute acceptance. We accept your order when we confirm shipment. We may decline or cancel an order before shipment because of product unavailability, suspected fraud, purchase-limit violations, or a material pricing or listing error. If we cancel an order after payment, we will refund the amount paid for the cancelled items, including applicable taxes and shipping charges attributable to those items. We will not increase the price of an existing order without your consent.
Product Descriptions. We endeavor to describe products accurately, but images are illustrative and colors may vary by display. Randomized products do not guarantee any particular card, rarity, or assortment unless expressly stated in the product description. Nothing in this paragraph excuses delivery of a product materially different from the product ordered.
Shipping and Preorders. Available destinations, shipping charges, and estimated shipment dates are disclosed before purchase or in our Shipping & Returns Policy. Preorder release dates and shipment estimates may change. If we cannot ship within the stated timeframe, we will provide notice and any opportunity to consent to a delay or cancel for a refund required by applicable law. Shipment delays do not eliminate any cancellation or refund rights available under applicable law.
Returns and Order Problems. Our Shipping & Returns Policy disclosed at purchase is incorporated into these Terms and governs eligible returns, return procedures, return-shipping charges, and refunds. If your order arrives damaged, is incorrect, or is missing an item, contact support@planarist.com promptly with your order number and a description of the problem so we can arrange an appropriate resolution. Nothing in these Terms or that policy limits rights or remedies that cannot lawfully be excluded or restricted. If that policy conflicts with these Terms concerning shipping or returns of physical products, that policy controls for those matters. Later policy changes do not apply retroactively to completed purchases.
4.- User Content
Definition. “User Content” means content that you submit, post, or display through the Service, including profile information, deck lists, deck names, comments, messages, and, where Planarist permits, event information. “Public User Content” means User Content that you intentionally make available to the public through the Service. Private messages and content restricted to designated recipients are not Public User Content.
Ownership and Reserved Rights. You retain any ownership rights you have in your original contributions to User Content. You do not acquire ownership of, or any additional rights in, Planarist Materials or third-party materials by including them in User Content. All rights in Planarist’s game, card artwork, card text, names, characters, logos, trademarks, software, and other Planarist Materials remain with Planarist or its licensors. A deck list or other submission incorporating those materials does not transfer ownership of them to you. Except for the licenses expressly granted in these Terms, neither you nor Planarist transfers ownership of intellectual property to the other.
License to Operate Service and Promote Service. You grant Planarist a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, distribute, and modify your User Content only as reasonably necessary to provide, maintain, secure, and improve the Service and, solely with respect to Public User Content, to reproduce, display, and distribute that content to promote the Service, including through Planarist’s website and social-media channels. Modifications may include technical changes needed to format content or display it on different devices. Planarist may sublicense these rights to service providers solely to perform those functions on Planarist’s behalf and may transfer the license in connection with an assignment permitted under these Terms. Display and distribution of nonpublic User Content will respect the recipients and visibility settings you select, subject to disclosures permitted by our Privacy Policy or required by law; this license does not authorize Planarist to publish private messages for promotional purposes. Planarist will obtain separate permission before using an identifiable person’s name, image, likeness, or testimonial in advertising or in a manner suggesting that person endorses Planarist. Promotional use remains subject to applicable law and our Privacy Policy.
License Duration. The licenses granted above end when you delete the relevant User Content or close your account, except that Planarist may retain and use the content only to the extent reasonably necessary to: (a) maintain copies previously shared by other users through authorized Service features until those copies are deleted; (b) retain and display promotional materials incorporating Public User Content that were created before deletion, without incorporating the deleted content into new promotional materials and subject to any separate permissions applicable to those materials; (c) maintain backup copies until overwritten or deleted in the ordinary course, without restoring them for public display except at your request; or (d) comply with law, preserve evidence, resolve disputes, or enforce these Terms. Any continuing license is limited to those purposes and remains subject to applicable law and our Privacy Policy.
Your Representations and Permissions. You represent and warrant that you own or have all rights and permissions necessary to submit your User Content and grant the licenses in this Section. Where your User Content includes another person’s artwork, photograph, name, likeness, personal information, or other protected material, you must obtain any consent or authorization required for your submission and its intended use through the Service, including permission from a parent or legal guardian where required for a minor. Your User Content must not violate these Terms, applicable law, or another person’s intellectual-property, privacy, publicity, or other rights. You are not required to obtain separate permission for uses of Planarist Materials that Planarist expressly authorizes through the Service or a published policy, provided you comply with that authorization.
Moderation and Removal. We may, but have no obligation to, monitor User Content. We may remove, restrict, or refuse to display User Content when we reasonably believe it violates these Terms, applicable law, or another person’s rights, or could harm the Service or its users. Public posting does not guarantee continued availability, and the Service is not a substitute for maintaining your own copies of content you wish to preserve.
5.- Event Tickets and Payments
Marketplace Role. Planarist provides a marketplace through which independent Vendors may list events and sell tickets. Unless Planarist expressly identifies itself as the seller or merchant of record at checkout, Planarist is not the seller of a ticket, is not a party to the sales contract between you and the Vendor, and does not own, control, or operate a Vendor’s event. Each Vendor is solely responsible for its event, the goods and services it provides, and its compliance with applicable law.
Stripe and Stripe Express. Payments for tickets are processed by Stripe, Inc. and its affiliates ("Stripe") through Stripe Express or another Stripe Connect product. When you purchase a ticket, you are directed to a Stripe-hosted checkout to complete payment. Your use of Stripe is subject to Stripe's applicable terms, including the Stripe Services Agreement and Stripe Privacy Policy, available at stripe.com/legal. You are responsible for reading and accepting Stripe's terms before completing a purchase.
Pricing and Taxes. Ticket prices, taxes, and Vendor-imposed fees are established by the Vendor and shown before you complete the purchase. Planarist may charge a separate service or platform fee, which will also be shown before you complete the purchase. You agree to pay the total amount displayed at checkout.
Authorization. By submitting payment information, you authorize the applicable merchant of record and Stripe to charge your selected payment method for the total amount displayed at checkout.
Ticket Delivery and Admission. Tickets are delivered in the format specified at purchase. A ticket is valid only for the identified event and is subject to the Vendor’s admission, venue, age, safety, and conduct rules. Vendors may refuse admission for violation of those rules or use of a duplicated, altered, invalid, or fraudulently obtained ticket.
No Resale. Unless the Vendor expressly permits resale and applicable law allows it, tickets are for personal use only and may not be resold, transferred for profit, or used for a commercial purpose.
6.- Refunds, Cancellations, Event Changes, and Payment Disputes
Vendor Responsibility. Each Vendor establishes its own refund, cancellation, rescheduling, and exchange policies. Except where Planarist expressly states otherwise at checkout or in an applicable policy, refund, exchange, and event-accommodation requests must be made directly to the Vendor under the policy disclosed for the relevant event.
Planarist’s Limited Facilitation Role. Planarist may provide communications, ticket records, or reasonable administrative assistance relating to a refund or cancelled event, but does not guarantee a Vendor’s performance or any particular refund outcome. If Planarist is the merchant of record or is otherwise authorized to process a refund, Planarist may process it in accordance with the applicable disclosed policy and payment-provider requirements.
Cancelled Events. If a Vendor cancels an event, Planarist may use commercially reasonable efforts to notify ticket holders through the Service or by email. The Vendor remains responsible for refunds unless Planarist has expressly assumed refund-processing responsibility. Where Planarist processes an authorized refund, it will use commercially reasonable efforts to submit it promptly; the time for funds to appear in your account depends on the payment method and financial institution.
Event Changes. Vendors are responsible for accurately describing their events. If an event is rescheduled, relocated, or materially changed, your rights and remedies are governed by the disclosed Vendor policy and applicable law, subject to any obligations Planarist has expressly assumed as merchant of record or refund processor.
Unauthorized Charges and Payment Disputes. If you believe a charge is unauthorized, fraudulent, or incorrect, contact the Vendor or Planarist support promptly, as applicable to the payment flow. You may also contact your card issuer. Planarist will not suspend an account merely because a user makes a good-faith report of fraud or billing error. We may suspend or restrict an account after reasonable review if we determine that the user engaged in fraud, payment abuse, or violated these Terms.
Vendor Nonperformance. Planarist does not guarantee that a listed event will take place, occur on time, or meet your expectations. To the fullest extent permitted by law, claims arising from a Vendor’s failure to hold or perform an event are against the Vendor, except to the extent the claim arises from Planarist’s own obligations, representations, or conduct.
7.- Intellectual Property and Copyright Complaints
Planarist Materials. The Service, including all card art, game rules text, names, characters, logos, software, text, graphics, and design elements (collectively, the "Planarist Materials"), is owned by Planarist or its licensors and is protected by copyright, trademark, and other intellectual property laws.
Limited License. Subject to these Terms, Planarist grants you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial enjoyment of the Planarist game and community.
Restrictions. You may not copy, reproduce, distribute, publicly display, create derivative works from, or commercially exploit Planarist Materials except as expressly allowed by these Terms or a separate written license. You may not use Planarist’s names or marks in a manner that suggests endorsement, sponsorship, or affiliation without our prior written permission.
Feedback. If you send Planarist ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use the feedback for any purpose without compensation or other obligation to you.
Copyright Complaints. If you believe material on the Service infringes your copyright, submit a notice meeting the requirements of the Digital Millennium Copyright Act to our designated agent:
DMCA Agent: Christian Zimm
Email: czimm@kaufmanhilbert.com
Mailing Address: 100 N. Main St. #340, Alpharetta, GA 30009
Planarist maintains and reasonably implements a policy for terminating, in appropriate circumstances, repeat infringers.
8.- Third-Party Services
The Service may link to or integrate with third-party services, including Stripe, social-media platforms, Vendor websites, and venues. Planarist does not control, endorse, or verify third-party services, Vendors, events, goods, services, or content, and is not responsible for their availability, policies, practices, acts, or omissions. Your interactions with a third party are governed by that party’s applicable terms and privacy policy.
9.- Privacy
Our collection, use, retention, disclosure, and protection of personal information in connection with the Service are described in our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference. By using the Service, you acknowledge the Privacy Policy.
10.- Disclaimers
AS IS; AS AVAILABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PLANARIST DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
PLANARIST DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT A VENDOR, EVENT, TICKET, OR OTHER THIRD-PARTY OFFERING WILL MEET YOUR EXPECTATIONS.
Nothing in these Terms excludes or limits a warranty, remedy, or other right that cannot lawfully be excluded or limited.
11.- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PLANARIST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF PLANARIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, PLANARIST’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL PLATFORM FEES THAT YOU PAID DIRECTLY TO PLANARIST DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).
You acknowledge that Planarist makes the Service available in reliance on the disclaimers and limitations in this Section and that your access to and use of the Service constitute consideration for, and your agreement to, the allocation of risk and limitation of liability described in this Section.
Nothing in these Terms limits liability that cannot be limited under applicable law.
12.- Indemnification
You agree to defend, indemnify, and hold harmless Planarist and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your User Content; (b) your breach of these Terms or applicable law; (c) your infringement, misappropriation, or violation of another person’s rights; or (d) your fraud, willful misconduct, or misuse of the Service or User Content.
13.- Suspension and Termination
We may suspend or terminate your access to the Service, remove or restrict User Content, or take other action permitted by these Terms when we reasonably believe that you have violated these Terms, created risk for Planarist or others, engaged in fraud or payment abuse, or when required by law or a payment provider. Where appropriate and practicable, we will provide notice.
You may stop using the Service at any time. Terminating an account does not automatically cancel a valid ticket purchase or alter a Vendor’s obligations relating to that purchase, unless Planarist or the Vendor notifies you otherwise under the applicable ticket or event policy.
14.- Governing Law and Dispute Resolution
Governing Law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Georgia.
Informal Resolution. Before initiating arbitration, the party asserting a claim must send the other party a written demand for mediation describing the nature of the dispute, the factual basis for the claim, and the relief requested. The demand must be sent by certified mail, return receipt requested, or by email. Demands to Planarist must be directed to:
Christian Zimm, Esq.
Kaufman & Hilbert P.C.
100 N. Main St. #340
Alpharetta, GA 30009
(404) 360-7150
Demands to a user must be directed to the mailing address or email address associated with the user’s account or otherwise provided by the user for notices.
If the demand is sent solely by certified mail, the ninety (90)-day period to complete mediation begins on the date of receipt shown by the return receipt or other postal confirmation of delivery. If the demand is sent by email, that period begins on the date the email is sent. If the demand is sent by both email and certified mail, the period begins on the date the email is sent, regardless of when the certified mail is received.
The parties must attempt in good faith to resolve the dispute through mediation and cooperate in selecting a mutually acceptable mediator and completing mediation within that ninety (90)-day period. Mediation may be conducted virtually or in person by mutual agreement. The parties may extend the period by mutual written agreement. Either party may initiate arbitration if mediation concludes without resolving the dispute, or if mediation has not occurred or been completed by the expiration of the ninety (90)-day period or any mutually agreed written extension. A party’s refusal to participate or failure to agree on a mediator does not extend that period.
Notwithstanding the foregoing, the ninety (90)-day waiting period, any agreed extension, and the requirement to complete mediation before initiating arbitration do not apply to the extent compliance would cause a claim to be barred by the applicable statute of limitations; in that circumstance, either party may initiate arbitration, or make any filing in a court of competent jurisdiction necessary to preserve the claim, before the limitations period expires, without waiving the obligation to arbitrate any otherwise arbitrable claim.
Binding Individual Arbitration for U.S. Users. Any dispute arising out of or relating to these Terms, the Service, or User Content will be resolved by mandatory, exclusive, and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted before one (1) arbitrator and will take place in Atlanta, Georgia. Georgia law governs these Terms and the dispute, without regard to Georgia’s conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
Fees. Payment of arbitration filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules and applicable law.
15.- Changes to These Terms
We may revise these Terms from time to time. Changes apply prospectively unless applicable law permits otherwise.
16.- Miscellaneous
Electronic Communications. You agree that Planarist may provide notices, disclosures, receipts, and other communications electronically through the Service, by posting them on the Service, or by email to the address associated with your account. You are responsible for maintaining a current email address.
Entire Agreement. These Terms, the Privacy Policy, applicable Vendor terms accepted in connection with a ticket purchase, and other policies expressly incorporated by reference are the entire agreement between you and Planarist concerning the Service.
Severability. If a provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
Survival. Upon termination of these Terms or your access to the Service, all provisions that by their nature should survive will remain in effect. Termination does not affect rights, obligations, claims, or remedies that accrued before termination.
No Waiver. Planarist’s failure to enforce a provision is not a waiver of its right to enforce that provision later.
Assignment. You may not assign or transfer these Terms without our prior written consent. Planarist may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
Force Majeure. Planarist is not liable for a delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, acts of government, labor disputes, telecommunications or internet failures, cyberattacks, or failures of third-party service providers. This provision does not limit obligations that cannot lawfully be disclaimed or responsibilities Planarist has expressly undertaken as merchant of record or refund processor.
Notices. Notices to Planarist must be sent to:
Southern Sword LLC d/b/a Planarist
3343 Peachtree Rd NE, Suite 145, PMB 2001
Atlanta, GA 30326
Email: support@planarist.com
17.- Contact
Questions about these Terms or the Service may be sent to:
Southern Sword LLC d/b/a Planarist
3343 Peachtree Rd NE, Suite 145, PMB 2001
Atlanta, GA 30326