I. Website User Terms
Last Updated: March 15, 2010
Wizards of the Coast LLC ("Wizards") welcomes you. These Terms of Use ("TOU") apply to each visitor to and user of Wizards' corporate website pages (collectively the "Sites"), including you and any other unregistered users (each, a "User"). These TOU also apply to your registration for and use of all products, services, features, functionality, and all components thereof (collectively the "Services") available to registered users (collectively "Members") through the Sites. By visiting or using the Sites and/or Services you agree to the terms and conditions of these TOU. The purchase or use of Services (such as blog, profile page features, or a D&D Insider subscription) available to Members through the Sites may also be subject to certain additional terms and conditions.
Unless stated otherwise, Wizards may change the TOU at any time and the changes will become effective upon posting the revised TOU (the "Effective Date"). You are responsible for checking the TOU regularly for changes and your continued use of the Sites and/or Services after the Effective Date indicates your acceptance of any changes to the TOU.
Additional operating guidelines ("Guidelines"), including without limitation, the Code of Conduct, the Privacy Policy, and the Fan Website Policy, may be posted from time to time on Wizards' corporate website pages, and you agree to use the Sites and Services in accordance with the Guidelines, which are hereby incorporated by reference. Wizards may also offer certain other websites (e.g., Magic: The Gathering Online) that are governed by the terms of use posted on such websites, in which case those terms (and not these TOU) will govern your use of such websites and any Services offered thereby.
- Obtaining a Member Account; Subscription
a. Registration.
To become a Member and/or to access certain Services (including, but not limited to, obtaining a Wizards Community profile or a subscription to D&D Insider), you will need to obtain one or more accounts with Wizards (each an "Account" and collectively "Accounts"). To obtain an Account, you may be required to provide a date of birth, first name and last name, city, country, postal code, gender, e-mail address, password and screen name. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms for the Services ("Registration Data"); and (ii) maintain and promptly update the Registration Data, and any other account-related information you provide to Wizards.
b. Password.
When you sign up for each of your Accounts, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of each of your passwords, and you agree to maintain the security of your passwords. You agree not to use the account, screen name, or password of another Member at any time, and agree to notify Wizards immediately if you suspect any unauthorized use of your Accounts or access to your password. You are solely responsible for any and all use of your Accounts.
c. Eligibility.
Membership in and use of the Services is void where prohibited. By registering as a Member and using the Services, you represent and warrant that: (i) all Registration Data that you submit is truthful and accurate; (ii) you are thirteen (13) years old or older unless you have parental or guardian consent as demonstrated by submittal of the appropriate paperwork (available at https://accounts.wizards.com/CoppaForm.htm) by such parent or guardian; and (iii) your use of the Services does not violate, and you will not use the Services to facilitate the violation of, any applicable law or regulation, the TOU, or any Guidelines. Your profile may be deleted and your Membership may be terminated without warning if we believe that you are under thirteen (13) years old and are without parental/guardian permission. Please note that the purchase or use of certain Services may have different eligibility requirements, including higher minimum age requirements, as specified in any additional terms governing such Services.
- Use of Sites and Services
a. Profiles and User Content.
Please choose the User Content (defined in Section 7 below) you post on the Sites and that you provide to other Users carefully. Your profile page and any User Content you post on the Sites may not include telephone numbers, or street addresses unless You are a hobby-game retail store, one of Wizards' authorized distributors or wholesalers, or a WPN Organizer (subject to Section 9 of these TOU), and any text, photographs or other images containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, or any content restricted under the Code of Conduct. Wizards reserves the right to edit or remove your profile page and/or restrict, suspend, or terminate your membership or access to the Sites or the Services, in its sole discretion.
b. Alpha/Beta Testing.
The Services include any alpha or beta testing or other evaluation or use of products or services, features, functionality, and all components thereof (whether in final or prerelease form) that we may conduct ("Testing"). Except to the extent otherwise provided in another agreement between you and Wizards, your participation in any Testing and use of any content, information, or other materials in connection with such Testing shall be subject to this TOU.
c. Interactive Services.
The Services may include blogs, "wiki" features that allow certain text, images, designs, logos, video, sound, code, data, and other materials and information, as well as the selection and arrangement thereof, available through the Sites (collectively, "Site Content") to be written or created collaboratively, Member profile and group pages, chat and messaging functions, and other areas or services in which you or other Members can create, post or store User Content on the Sites ("Interactive Services"). You are solely responsible for your use of such Interactive Services. Use them at your own risk. As with other Services, your use of any Interactive Services is subject to the Guidelines and TOU, as well as any additional terms and conditions provided with those Services. Certain Interactive Services (such as an avatar gallery), may also provide tools for you to use Site Content, arrange or display Site Content in a manner of your choosing, or customize Site Content. You agree that any such Site Content, arrangement or display, or customization is not User Content and shall be owned exclusively by Wizards unless expressly stated otherwise.
d. Intra-Member Disputes.
You are solely responsible for your interactions with other Members on the Sites, including any disputes with other Members. Wizards reserves the right, but has no obligation, to monitor, moderate or resolve disputes between you and other Members, regardless of the causes or alleged causes of the dispute. Notwithstanding the foregoing, Wizards shall not be liable to you or any third party for any attempt it may make to moderate or resolve any disputes between Members, including without limitation, any restrictions that Wizards may make on Members' use of the Sites and Services or any termination of subscriptions or Accounts.
- Access to Services
To access and use the Services, you may be required to: (a) receive the files which Wizards makes available for direct download; (b) read and accept the policies specific to the applicable portion of the Services; and (c) have at least the minimum computer system requirements (hardware and software) to use the applicable portion of the Services, as well as a secure internet connection (both of which you are solely responsible for procuring and paying for, and neither of which is provided by Wizards). In addition to any fees required to access certain features, capabilities, or functions offered ("Charged Offerings"), you are responsible for paying all applicable taxes and for all third party hardware, software, service and/or other costs you may incur in order to access and use the applicable Services and your Accounts. Neither the TOU nor your Accounts entitles you to any subsequent releases, features, upgrades or services offered, distributed or made available through the Sites, without paying applicable charges or except as otherwise expressly and explicitly provided by Wizards. Programs may need to be downloaded to your computer and/or accessed online. Wizards makes no warranties with respect to your system's particular performance or capabilities with respect to the Services or any programs offered.
- Fees and Payment for Charged Offerings
a. Payment Terms.
Fees and billing procedures for certain Charged Offerings are described at the point of purchase ("Payment Terms"), the terms of which are incorporated herein by reference. Such payment terms may be subject to change without prior notice to you. Fees are in U.S. Dollars unless specified otherwise. Upon your acceptance of these TOU and/or your agreement to purchase a Charged Offering, you hereby acknowledge and agree that we have the unqualified right, and you hereby authorize us, to automatically charge your credit card or other authorized payment method the applicable sales price, subscription and/or Account fee, as identified in the Payment Terms, plus any applicable taxes and other surcharges we are required to collect. Thereafter, each time your subscription or Account comes up for renewal, or other payment is due by you under the Payment Terms, you hereby acknowledge and agree that we have the unqualified right, and you hereby authorize us, to automatically charge your credit card or other authorized payment method the applicable then-current renewal rate (or other due amount) plus any applicable taxes we are required to collect unless you opt out of the automatic renewal process through your account details page or by contacting Wizards' customer service. If we do not receive timely payment (as provided in the applicable Payment Terms) and/or are unable to process your credit card (or other authorized payment method) by or at the time payment is due ("Payment Failure"), your right to access and otherwise use the Charged Offering immediately terminates, and may remain terminated unless or until the proper payment is made and accepted by Wizards. Upon Payment Failure, Wizards may, in its sole discretion, also terminate one or more of your Accounts without prior notice.
b. Free Trials or Betas.
Certain of the Charged Offerings may be made available to you without charge at Wizards' sole discretion. Access to certain features, functions, and/or full or partial portions of the Services may require payment. Converting a "free" account or version of a program with free trial or limited functionality rights to a paid account or version with full functionality, or entering billing information during any trial period or other authorized non-charged access to a program (as provided by Wizards) may result in the termination of your free access and/or account, and you may lose access to the associated information or other data.
c. Opting Out of Renewal/Terminating a D&D Insider Subscription.
D&D Insider subscriptions have an automatic renewal process which renews a subscription for another period of the same duration originally purchased, unless terminated by the subscribing Member prior to such automatic renewal. You may opt out of the automatic renewal at any time through your account details page or by contacting Wizards' customer service.
You may also terminate your D&D Insider subscription at any time by contacting Wizards' customer service. If you terminate your subscription during a current subscription cycle, your access to D&D Insider will terminate at the end of that subscription cycle. You will not be billed again for a D&D Insider subscription until you affirmatively sign up and pay for another subscription period. NOTE: In the event that you terminate your subscription less than two (2) days prior to the end of the then-current payment cycle, you will be charged for one (1) additional billing cycle. Wizards is not obligated to provide full or partial refunds for subscription periods that you have purchased. Terminating your D&D Insider subscription does not terminate right(s) you may have for other Charged Offerings or Services from Wizards.
- Right to Suspend or Terminate Use and Account
Wizards may suspend or terminate one or more of your Accounts and/or your access to the Services (including Charged Offerings) immediately and without notice if: (a) you violate any provision of the TOU, the Code of Conduct, the Privacy Policy, or any other applicable agreements, Guidelines, or policies; (b) you infringe (or Wizards or any third party believes you have infringed) any third party intellectual property rights or violate any applicable law, rule, treaty or regulation; (c) we are unable to verify or authenticate information you provide to us, or conclude any such information is inaccurate or incomplete; and/or (d) your use of or access to your Accounts, the Services or the Sites results in an action or communication (including, but not limited to oral, typed or written communication of any kind) that we, in our sole discretion, determine is inappropriate and/or in violation of any Guideline or policy. If we suspend or terminate one or more of your Accounts or access to the Services (including any Charged Offerings), in whole or in part, under any such circumstances, you will lose access to any Charged Offerings for the duration of the suspension and/or the balance of any prepaid period and you will not be entitled to any refund for the monies charged, or that you agreed to pay, for the Charged Offerings suspended or terminated. You understand and agree that, for online features, servers are hosted by Wizards (or authorized third parties or designees) at its discretion and may be terminated or otherwise discontinued by Wizards (or authorized third parties or designees) in their sole discretion and that such discontinuation may disable online functionality.
- Consent to Account Access
To ensure that Wizards can provide high-quality services that are responsive to Members' needs, you understand that Wizards representatives will have access to your Accounts and Site usage and purchasing information, and authorize such representatives to review such Accounts and usage and purchasing information as reasonably necessary to investigate complaints, to provide the Services to you, or for such other purposes as contemplated in our Privacy Policy.
- User Content
As part of your use of the Services, you can create, include, refer to, transfer, upload, stream, display, host, promote, disseminate, post, make available, distribute, link to or transmit messages, artwork, text, displays, images, photographs, names, characters, items, graphics, screenshots, data, databases, information, files, pictures, video, audio, music, software and other files, items, materials and content, whether in written, digital, oral, machine-readable, electronic or visual form, to Wizards or our third-party servers of websites, or to other Users and/or their computers or networks, in various forms, such as in the selections you make for a service, posts, chat, and in forums and message boards, via a friends network and similar user-to-user areas, features and services which are not owned by Wizards, or to which Wizards does own rights or manages (collectively, your "User Content"). By posting or submitting any User Content to or through the Sites or Services, you hereby irrevocably grant to Wizards, its affiliates and sublicensees, a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You represent and warrant that: (a) you own or control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites and/or the Services; (b) the User Content is accurate and not misleading; (c) the User Content and/or your use of the Services does not violate any law, rule or regulation; (d) the User Content and/or your use of the Services is not inappropriate, profane, indecent, harmful, threatening, abusive, defamatory, harassing, tortuous, vulgar, obscene, libelous, pornographic, harmful to minors, racially, ethnically or otherwise objectionable or that may be invasive of another's right of privacy or publicity; (e) your User Content and/or use of the Services does not contain any macro, bot, virus, Trojan horse, keystroke logger, worm, time bomb, cancelbot, corrupted data or other file, code or computer programming routing that is intended to or results in damage, detrimentally interferes with the Sites or Services; and (f) use and posting of the User Content you supply does not violate these TOU and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Sites and/or Services, if any.
You are solely responsible for the User Content that you post, store or upload on or through the Sites or Services, including any material or information that you transmit to other Users. Wizards does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded on or through the Sites and/or Services, however Wizards reserves the right to delete, screen or edit any User Content posted, stored or uploaded on the Sites and/or Services at any time and for any reason without notice. Without limiting the foregoing, Wizards may remove any User Content that in the sole judgment of Wizards violates these TOU or any Guidelines, including, but not limited to User Content that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Wizards does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
- Intellectual Property Ownership; Rights Granted to You
Site Content and the Services are the proprietary property of Wizards or its licensors or other Users, and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-sublicenseable license to access and use the Sites and Services, and to electronically copy (except where specified as prohibited) and print to hard copy portions of Site Content and/or Services for your personal, noncommercial use only; provided, that you preserve any copyright, trademark or other similar notices contained in or associated with such Site Content or Services. Such license is subject to these TOU and does not include: (a) any resale or commercial use of the Sites or any Site Content therein and/or Services; (b) the collection and use of any product or service listings, pictures or descriptions; (c) the distribution (electronic or otherwise), public performance, or public display of any Site Content or Services; (d) modifying or otherwise making any derivative uses of the Sites and Site Content or Services, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, any Site Content, the Services or any information contained therein, except as expressly permitted on the Sites or pursuant to the Services; or (g) any use of the Sites or Site Content or Services other than for its intended purpose. Any use of the Sites or Site Content or Services other than as specifically authorized herein, without the prior written permission of Wizards, is strictly prohibited and will terminate the license granted herein. This license is revocable at any time.
Notwithstanding the foregoing, Wizards' Fan Website Policy provides you with access and permission to use certain pre-approved images, logos, and other Wizards materials for limited purposes. Use of that content is permitted pursuant to the terms and conditions of the Fan Website Policy as well as all of the other TOU set forth herein.
- Limits on Use of the Sites and Services
You agree not to engage in any of the following: (a) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Sites or Services (including without limitation any User data such as Member website usage, purchase history, or any Registration Data, whether individually or in the aggregate); (b) probe, scan or test the vulnerability of the Sites or Services, or breach the security or authentication measures on the Sites or part of the Services; (c) reverse look-up, trace or seek to trace any information on any Member or other User of the Sites or Services, including information on any Member account other than your own, to its source, or exploit the Sites or Services in any way with a purpose of revealing any information, including but not limited to personal identification or information, other than your own information; (d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Services; (e) use any device, software or program to interfere or attempt to interfere with the proper working or authorized uses of the Sites or Services, or with any other person's use of the Sites or Services; (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Sites or via the Services; (g) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity; (h) use the Sites or Services in an illegal manner or for any unlawful purpose; or (i) violate any applicable Guidelines, including without limitation any Code of Conduct or the Fan Website Policy.
The Sites and Services are for the personal use of Users and Members only and may not be used in connection with any commercial endeavors; except as specified herein. Illegal and/or unauthorized use of the Sites or Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Sites is strictly prohibited. Commercial advertisements and other forms of solicitation in violation of these TOU may be removed from Member profiles without notice and may result in termination of your Account(s). Except as provided below, Members may not link to any e-commerce Website. EXCEPTION: Notwithstanding the foregoing, hobby-game retail stores with a physical location may advertise their stores, events, and products offered for sale in their store profiles; provided that they do not include any pricing. Hobby-game retail stores who are Authorized Internet Retailers may link to their authorized e-commerce websites. Additionally, Wizards' authorized distributors and wholesalers may link back to their own websites, but may not sell product directly through a Site. WPN Tournament Organizers may advertise upcoming events and link to their related promotion pages. Wizards retains the right to terminate such privileges at any time, in its sole discretion.
- Privacy Notice and Your Profile
Please refer to our Privacy Policy for information on how Wizards collects, uses and discloses personally identifiable information from you and other Users.
The information in your Member profile (the "Profile"), including any information or content you voluntarily add to your Profile such as first and last name and images you upload, will be made public by default and will not be subject to our Privacy Policy, unless you set your Profile to "Private". To change your Profile privacy settings, go to your Profile page and click on "Profile" in the left navigation menu. Then click "Privacy Settings". In this section, you may also change your Profile information, who can view your page and activity, and who can contact you on the Sites, as well as control how we communicate with you.
Your Profile will be searchable by screen name, full name, city, state/province, country, age, gender, and postal code. You can change this by selecting "Exclude me from search results" in Privacy Settings. Please note: The photo you selected (you are not required to upload a personal photo) as your avatar and your screen name will always display on your page, posts, and in search results.
If you choose to populate your Profile with your full name, your full name will display on your Profile unless you set your Profile to private as described above. Information and content you choose to make public either through your Profile, or by posting on the Sites or through the Services, are not subject to our Privacy Policy.
- Links to Other Sites
The Sites and/or Services may contain links to third-party websites. These links are provided as a convenience to you. Wizards does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. Wizards encourages you to exercise discretion while browsing the Internet and the Sites. If you decide to access linked third-party websites, you do so at your own risk.
- No Warranties
WIZARDS PROVIDES THE SITES, THE SERVICES, ACCOUNTS AND ALL OTHER SOFTWARE, SERVICES, FEATURES, PRODUCTS AND DOCUMENTATION "AS IS." WIZARDS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, uninterrupted, error-free, secure or virus-free operation of the Sites or Services or your Accounts, nor that defects in any portion of the Sites or Services may be corrected, nor continued operation or availability of any given feature, product, service, software, art, graphics or other content. Wizards may change, modify, disable, suspend or remove any such feature, product, service, software, art, graphics or other content, in whole or in part, in its sole discretion. Wizards does not control or endorse User Content or the related content, messages, facts, views, opinions, recommendations, data, files, video, audio, graphics or information exchanged by means of the Sites, including, without limitation, information contained in the public postings areas of the Sites and information provided or statements made by a celebrity, "expert," or similar guests on the Sites and, therefore, Wizards specifically disclaims any liability resulting therefrom. You acknowledge that the Sites and the Services have not been developed to meet your individual requirements. Wizards disclaims suitability of the Sites and/or Services for any purpose. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access the Sites or Services, or your Accounts, whenever you want, and there may be extended periods of time when you cannot access the foregoing (in whole or in part).
- Limitation on Liability
IN NO EVENT SHALL WIZARDS, OUR PARENT, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, OR EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY ANTICIPATED OR LOST PROFITS, REVENUE, DATA, CONTENT, ITEMS, HARDWARE, SOFTWARE, INJURY, INFORMATION OR SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, STRICT PRODUCT LIABILITY AND NEGLIGENCE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM POSSESSION, USE, INABILITY TO USE, FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR OTHER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR MALFUNCTION OF THE SITES OR SERVICES (AND/OR ANY COMPONENTS THEREOF), YOUR ACCOUNTS, ANY FUNCTION OR FEATURE AVAILABLE, ACCESSED, DISTRIBUTED OR VIEWED THROUGH THE SITES, THESE MEMBER TERMS, THIRD PARTY WEBSITES OR SERVICES ACCESSED, DISTRIBUTED OR ADVERTISED IN OR THROUGH THE SITES OR THE DOWNLOADING OR USE OF ANY SOFTWARE OWNED OR OPERATED BY US OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF WE, OUR LICENSORS AND SUPPLIERS AND EACH OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE TOTAL AGGREGATE LIABILITY OF WIZARDS, OUR LICENSORS OR ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST WIZARDS, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE WIZARDS AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF.
- Indemnity
You agree to indemnify, defend at your cost and hold harmless Wizards, its affiliates, subsidiaries, parent companies, and contractors, and each of their current and former officers, directors, employees, agents, licensors, licensees and representatives (collectively, the "Indemnified Parties"), from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of: (a) any breach by you of these TOU or the foregoing representations, warranties and covenants, (b) any act or failure to act by you, including but not limited to, any acts by you which cause Wizards to terminate, suspend or limit one or more of your Accounts or access to or use of the Sites or Services, (c) your installation, use of or access to the Sites or Services and any other hardware or software required or used to access or use the Sites or Services, including use of or access to the internet or (d) your User Content and/or any claims related to User Content. You assume the entire risk as to the results and performance of the Sites and Services in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SITES AND SERVICES REMAINS WITH THE USER.
- Unsolicited Idea Submission Policy
NEITHER WIZARDS NOR ANY OF ITS EMPLOYEES ACCEPTS OR CONSIDERS UNSOLICITED MATERIALS PROVIDED TO WIZARDS REGARDING THE SITES, THE SITE CONTENT, WIZARDS, OR THE PRODUCTS AND SERVICES OF WIZARDS, INCLUDING WITHOUT LIMITATION QUESTIONS, COMMENTS, SUGGESTIONS, IDEAS, PLANS, NOTES, DRAWINGS OR OTHER ARTWORK, DEMOS, PROTOTYPES, SAMPLES, ORIGINAL OR CREATIVE MATERIALS, OR SIMILAR INFORMATION (COLLECTIVELY, "SUBMISSIONS"). PLEASE DO NOT SEND ANY SUBMISSIONS TO WIZARDS OR ANYONE AT WIZARDS. IF YOU FAIL TO FOLLOW THIS DIRECTION AND SEND A SUBMISSION TO US, WIZARDS WILL NOT TREAT YOUR SUBMISSIONS AS CONFIDENTIAL OR PROPRIETARY AND MAY DISCLOSE YOUR SUBMISSIONS TO ANY OTHER PERSON OR ENTITY, WHETHER PUBLICLY OR PRIVATELY. WITH RESPECT TO ANY SUCH SUBMISSIONS YOU PROVIDE THAT WIZARDS ACCEPTS INADVERTENTLY OR OTHERWISE CONTRARY TO THE ABOVE POLICY, YOU HEREBY GRANT AN IRREVOCABLE, NONEXCLUSIVE, PERPETUAL, WORLDWIDE, ROYALTY-FREE AND FULLY SUBLICENSABLE LICENSE TO USE, PRACTICE, MAKE, HAVE MADE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM, AND DISPLAY YOUR SUBMISSIONS AND THE INVENTIONS EMBODIED THEREIN FOR ANY COMMERCIAL OR OTHER PURPOSE, WITHOUT ACKNOWLEDGMENT OR COMPENSATION TO YOU.
- Feedback
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to Wizards in response to a request for such materials ("Feedback") are non-confidential and shall become the sole property of Wizards. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use and disclosure of which is described in Wizards' Privacy Policy.
- Children and Mature Content
Please be aware that certain areas on the Sites and/or Services contain mature content and in some instances there may be posted age restrictions to access and view such areas. You may be exposed to Site Content that you find offensive, indecent or objectionable. By using the Sites and/or availing yourself of the Services, you assume all risk associated with such use. We encourage parents to supervise their children's use of the Sites and Services and maintain open communication regarding appropriate materials for use and viewing by their children.
- Copyright and Trademark Policy; Notice and Procedure for Making Claims of Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Wizards or others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Wizards to remove any content or information from its Sites which we believe infringes the intellectual property rights of others upon receipt of proper notification to Wizards by the intellectual property owner or the owner's legal agent. If you repeatedly infringe other people's intellectual property rights, we may also terminate your Account(s) when appropriate, at Wizards' sole discretion.
If you believe that any content appearing on the Sites infringes your intellectual property rights, Wizards wants to hear from you. Please forward the following information in writing to the address listed below:
(a) your name, address, telephone number, and e-mail address;
(b) a description of the work that you claim has been infringed;
(c) a explanation about the nature of the infringement (e.g., whether it is a trademark, copyright or other type of infringement of your intellectual property);
(d) the exact URL or a description of each place where alleged infringing material is located;
(e) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(f) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(g) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the intellectual property owner or authorized to act on the owner's behalf.
Name and address of agent to receive notification of claimed infringement:
Intellectual Property Agent
c/o Game Support
Wizards of the Coast LLC
1600 Lind Ave. SW, Suite 400
Renton, WA 98057
Telephone: 1 (800) 324-6496
E-mail: [email protected] (Only use this email address to report potential copyright and trademark infringement claims. All other email messages will be deleted without response.)
- General
a. Language; Interpretation
It is the express wish of the parties that these TOU and all related documents have been drawn up in English. C'est la volonte expresse des parties que la presente convention ainsi que les documents qui s'y rattachent soient rediges en anglais. The headings of sections, paragraphs and subparagraphs of these TOU are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections, paragraphs or subparagraphs.
b. Compliance with Law; U.S. Export Controls
You will comply with all applicable laws regarding your installation, copying and use of the Sites and Services and your access to your Accounts. Without limiting the foregoing, software available in connection with the Sites and Services may be subject to United States export controls. No feature, function, software or any component thereof may be downloaded from the Sites or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. You further agree not to upload to the Sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
c. Termination; Deletion; Survival
Notwithstanding any of these TOU, Wizards reserves the right, without notice and in its sole discretion, to terminate: your license to use the Sites, your membership(s), and/or your subscription(s), and to block or prevent your future access to and use of the Sites and/or Services, and to delete any Member profile and any User Content that you have posted on the Sites. You may also terminate your memberships or subscriptions at any time, provided that any such termination shall automatically cause any licenses to you and/or Accounts to also terminate. Upon termination of these TOU for any reason, Sections 12 (No Warranties), 13 (Limitation on Liability), 14 (Indemnity) and 19 (General), together with any licenses granted to Wizards hereunder, will survive.
d. Governing Law; Venue and Jurisdiction; Time Limit to Bring Claims
These TOU and your use of the Sites and Services shall be governed by laws of the State of Washington, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within King County, Washington, for any claims arising out of or relating to your use of the Sites, the materials on these Sites, the Services, and/or these TOU. In no event shall any claim, action or proceeding by you related in any way to the Sites (including your visit to, use of, or inability to use the Sites or Services) or Services be instituted more than one (1) year after the cause of action arose.
e. Severability; Waivers
If any provision of these TOU is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of Wizards to insist upon or enforce any of the provisions of these TOU, or to exercise any rights or remedies under these TOU, will not be construed as a waiver of Wizards' right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term.
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