Welcome to Wizards of the Coast, the leader in entertaining the lifestyle gamer
Last Updated: September 26, 2018
Hello and welcome! We are Wizards of the Coast, the creator of some of your favorite games! We, our parent company, Hasbro, Inc. and its affiliates, licensors and third-party partners (collectively, "Wizards, "we" "us" or "our") have created these Terms and Conditions ("Terms") to govern your use of Wizards' gaming services and interactive games made available by Wizards. These Terms govern how you can and can't use our games and services (i.e., your limited license to use our stuff).
This is a legally binding contract between you and Wizards. Our law mages worked hard to put together these Terms as simply as they could (law mages rarely speak common), so please be sure to read it carefully.
First, we want to highlight some important things about these Terms:
- Depending on where you live, there are important rules regarding liability and dispute resolution that affect your legal rights (including a mandatory arbitration provision and waiver of class-action rights). Please read Section 20 carefully.
- We also have other rules that are incorporated into and form part of these Terms:
Our Fan Content Policy explains the cool stuff you can make with our intellectual property (e.g. fan art, community sites) and the stuff we'll take down.
Our Code of Conduct explains our expectations for behavior in our community, and the things that may get you banned or suspended from our games and services.
Some of our Games and Services have additional terms and conditions that apply. You can access the additional terms for Magic: The Gathering Arena, Magic: The Gathering Online, and Organized Play via these links. If there is a conflict between Game or Service specific terms and these General Terms, the Game or Service specific terms will govern.
- These Terms apply to Wizards' various websites (collectively, "Websites"), online gaming services and interactive games (Wizards' and its licensor's games are collectively referred to as "Games"), Wizards' Platform (defined below), Organized Play (defined below), as well as any other Services (defined below) provided by Wizards.
By accessing our Websites, Games, Platform, Organized Play or Services you (1) acknowledge and agree that you have read and understand these Terms, (2) agree to be bound by them, and (3) represent and warrant that you have the authority to accept them. If you don't agree with or can't accept all of the Terms, you MAY NOT download, install, use, or participate in Wizards' Websites, Games, Platform, Organized Play, or Services.
A Note to Parents
Wizards strives to create the best and safest play experiences for gamers of all ages. To that end, we require that those wishing to create an account must be at least thirteen (13) years old, or have their parent or guardian's express written consent . Please be aware that certain areas of the Websites and certain portions of the Platform or Services may contain or provide access to more mature types of content. You or your child may be exposed to content that you find offensive, indecent, or objectionable. By visiting our Websites or using our Services, you assume all risk. We encourage parents to supervise their children's use of our Websites, Platform, or Services and maintain open communication with them regarding appropriate online content and activities.
1. ACCOUNT SUBSCRIPTION.
1.2. Passwords; Security. You are entirely responsible for maintaining the confidentiality of your password. You also agree not to share your account, screen name, user name or password, and agree to notify Wizards immediately if you suspect any unauthorized use of your account. You further agree that you are entirely liable for all activities conducted through your account, and are responsible for ensuring that you or your child is aware of, understands, and complies with these Terms and all other rules, policies, or notices published by Wizards.
1.3. Eligibility. Use of the Services is void where prohibited. By registering an account 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, or have your parent or guardian's consent as demonstrated by submittal of the appropriate paperwork (available at http://media.wizards.com/2017/downloads/wizardsaccount/coppawizardsparentalconsentform_en.pdf); and (iii) your use of the Services will not violate any applicable law or regulation, these Terms, or any other rules, policies, or notices published by Wizards, (iv) you are a "natural person" (Corporations, LLCs, partnerships and other legal or business entities are not eligible), and (you are a "natural person" (Corporations, LLCs, partnerships and other legal or business entities are not eligible, and (v) you are not an individual specifically prohibited by Wizards from registering an account or using the Services. Your account may be deleted and your access to the Services terminated without warning if we believe that you are under thirteen (13) years old and are using the Services without parental/guardian permission. Please note that the purchase or use of certain Services may have different eligibility requirements, including a higher minimum age requirement, as specified in any additional terms governing such Services.
d. You have no property or ownership rights or interest whatsoever in your account. You may not share, sell, transfer, or allow any other person to access your account or Registration Data, or offer to do so.
2. USE OF WEBSITES, PLATFORM, AND SERVICES.
2.1. License.Subject to your compliance with these Terms, Wizards provides you a limited, personal, non-exclusive, nontransferable, non-assignable, fully revocable license to use the Websites, and Services solely for your individual and non-commercial use. Wizards may terminate or suspend any or all portions or features of the Websites, Platform, or Services at any time and for any reason or for no reason with no liability to you. This license does not give you any ownership rights in the Websites, Platform, or Services. Any rights you do acquire in the aforementioned will forever be owned by and inure to the benefit of Wizards (its successors and assigns).
2.2. Restrictions.You agree not to engage in any of the following with respect to our Websites, Platform, or Services:
(i) Data mining: Use any unauthorized means, process, or software that accesses, collects, reads, intercepts, monitors, data scrapes including without limitation, agents, robots, scripts, or spiders; or mines information (including reverse look-up or attempted tracing of Registration Data in any way and for any reason);
(ii) Derivative works: Copy, reproduce, translate, reverse engineer, modify disassemble, decompile, derive source code from, transfer, or create derivative works based on or related to any part of the Websites, Platform, or Services (including without limitation any Registration Data), including links or frames to content, images or artwork (except as expressly authorized by Wizards);
(iii) Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Websites, Platform, or Services including without limitation (i) server(s) that emulate the Platform; and (ii) unauthorized third-party "cloud computing" services, (iii) any connection designed to enable unauthorized streaming or transmission of Games from a third-party server to a device, (iv) using third-party programs or tools not expressly authorized by Wizards in any way, for any purpose, including without limitation unauthorized online or net work play or as part of content aggregation networks.
(iv) Circumvent Security: probe, scan or test the vulnerability of the Websites or Services, or breach the security or authentication measures on the Websites or any part of the Services;
(v) Cheating: Creating, offering, using, promoting, distributing, or making available any cheats, bots, hacks, or device, software, code, or program not expressly authorized by Wizards that grants any user an advantage over other players not using such methods;
(vi)Prohibited Commercial Activity: Exploit any portion of the Websites, Platform, or Services for any purpose not expressly authorized by Wizards, including without limitation (i) attempting to to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any component of the Website, Platform, or Services, including in-game currency, items, or resources (ii) performing services such as account boosting, power-leveling, or view botting in exchange for payment; (iii) communicating or facilitating in any medium commercial advertisement, solicitation or offer; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on any other aspect of Wizards' Games.
(vii) Disruption: use any device, software or program to interfere or attempt to interfere with the proper working or authorized uses of the Websites, Platform, or Services, or with any other person's use of the Websites, Platform, or Services, including taking any action that imposes an unreasonable or disproportionately large load on infrastructure;
(viii) Forgery/Impersonation: forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Websites or via the Services, or in any way impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity;
(ix) Violate Laws, Regulations, or Rules: use the Websites or Services in an illegal manner or for any unlawful purpose, or in any manner that violates any applicable rules, policies, guidelines, or policies.
3. FEES AND PAYMENTS.
Wizards uses third party payment providers (e.g., PayPal, Chase Paymentech, Digital River) to authenticate payment when you purchase our products and applicable Services. Wizards does not directly sell games or products, but rather works with its third-party partners. When you directly purchase games or products from our Websites, you are not interacting with Wizards, but rather our third-party partners. Please read the terms and conditions and privacy policies of applicable third-party partners to understand their terms and conditions. You agree that you'll provide accurate and complete payment information to us or our third-party providers. You are responsible for ensuring that you have authorization to use any chosen payment method, which includes obtaining account-holder, parent, or guardian approval if applicable. You also agree to pay all fees and applicable taxes incurred by your or anyone using an Account registered to you. You agree to promptly notify Wizards of any changes to your billing information or payment method. If your payment method cannot be processed at any time, your account(s) and this agreement may be immediately terminated by Wizards.
4. LINKS TO OTHER SITES.
The Websites, Platform, and Services may contain links to third party websites. These links are provided as a convenience to you. We do not control and are not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and we do 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. We encourage you to exercise discretion while browsing the Internet and other websites. If you decide to access linked third-party websites, you do so at your own risk.
5. USER CONTENT.
5.1 Definition. As part of your use of the Platform and Services, you may be able to 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, graphics, screenshots, data, databases, information, files, pictures, video, audio, music, software and other materials and content, whether in written, digital, oral, machine-readable, electronic or visual form, to our Websites or Services (collectively, your "User Content").
5.2 License to Wizards. By posting or submitting any User Content to or through the Websites or Services, you hereby irrevocably grant to Wizards a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sublicensable 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 (i) exploit any proprietary rights in such User Content, including but not limited to, rights under copyright, trademark or patent laws under any relevant jurisdiction, (ii) your name, likeness, and any other information included in your User Content, without any obligation to you. You waive any and all claims that any use by us or our licensees of your User Content violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary, attribution, or other rights, and rights to any material or ideas contained in your User Content.
5.3 Representations and Warranties. 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 Websites and Services; (b) the User Content is accurate and not misleading; (c) the User Content and your use of such User Content does not violate any law, rule or regulation; (d) the User Content 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 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 Websites or Services; and (f) User Content you supply does not violate these Terms and will not violate any rights of any third party or cause injury to any person or entity. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any User Content posted by you.
5.4 Monitoring. You are solely responsible for the User Content that you post, store or upload on or through the Websites, Platform, and Services. Wizards does not pre-screen User Content, nor do we have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded; however Wizards reserves the right to delete, screen or edit any User Content posted, stored or uploaded at any time and for any reason without notice. We may monitor and record your User Content, including your communications in or via the Platform or Services for a variety of different purposes, including to keep the Game fair, prevent cheating, reduce toxic player behavior, and to improve the Services. Without limiting the foregoing, Wizards may remove any User Content that in the sole judgment of Wizards violates these Terms.
6. INTELLECTUAL PROPERTY OWNERSHIP; RIGHTS GRANTED TO YOU.
6.1 Wizards Ownership. The Websites, Platform, and Services (including all Wizards' generated content residing thereon) are the sole property of Wizards, and are protected by copyright, trademark, and other intellectual property laws ("Wizards' Intellectual Property"). We own and reserve all Intellectual-Property Rights (defined below) and all other legal and exploitation rights in and to the Websites, Platform, Services, and Games and all data and content included therein, including (without limitation) all in-game items and virtual currency, accounts, computer code, titles, themes, characters (including likeness and names), objects, chat logs, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, audio-visual effects, methods of operation, moral rights, any related documentation, storylines, sounds, music, and gameplay, and methods of operation (collectively, "Game Content").
6.2 Limited License. You may not use or exploit any part of the Game Content, Websites, Platform, or Services except as expressly permitted by us in these Terms or our Fan Content Policy. You have no ownership right or interest or other rights in or to any part of the Game Content, Websites, Platform, or Services, including without limitation in-game items whether earned in game or purchased from Wizards. All rights granted to you under these Terms are granted by express license only and not by sale. No license or other rights will be created by these Terms by implication, estoppel, or otherwise. Any use of Wizards' Intellectual Property other than as specifically authorized by Wizards is strictly prohibited and will terminate the rights granted herein. All goodwill generated by your use of Wizards trademarks shall automatically inure to the benefit of Wizards.
7. VIRTUAL ITEMS AND CURRENCY.
7.1 Virtual In-Game Items. From time to time, Wizards may allow you to acquire a limited license to access virtual in-game currency or items via or related to Wizards' Websites, Platform, Games, or Services. Virtual in-game currency or items may not be available in every region.
7.2 Virtual In-Game Currency. We may, from time to time, allow you to acquire a limited license to access virtual "currencies" that may be redeemed in Wizards' Platform, Games, or Services to access certain Virtual Items (defined below) (we'll call those "Virtual Currency"). We may allow you to access Virtual Currency in various ways including but not limited to (a) purchasing a limited license to use Virtual Currency for a fee (i.e., "real-world" money) (we'll refer to that as "Purchased Virtual Currency"); or (b) earning a limited license to use Virtual Currency by performing or accomplishing specific tasks in the Games.
7.3 Virtual In-Game Items. We may, from time to time, allow you to acquire a limited license to access virtual items that may be redeemed or unlocked in Wizards' Platform, Games, or Services, which may include but are not limited to virtual gameplay objects cosmetics and enhancements (i.e., vanity items), events, and other downloadable content (collectively, "Virtual Items"). We may allow you to access Virtual Items in various ways including but not limited to (a) purchasing a limited license to use the Virtual Item for a fee (i.e., "real-world" money); (b) redeeming a limited license to use Virtual Item with Virtual Currency; or (c) earning a limited license to use Virtual Items by performing or accomplishing specific tasks in the Platform, Games, or Services,
7.4 No Ownership. You have no ownership or other property interest in any Virtual Currency or Virtual Items, including Purchased Virtual Currency, regardless of how you acquired your limited license to access the Virtual Currency or Virtual Items. Neither Virtual Currency nor Virtual Items have any monetary value or real-world existence. You can't redeem them for money or monetary value from us or any other person, except as required by law. You can't obtain any refunds for purchasing Virtual Currency or Virtual Items, except as expressly permitted by us.
7.5 Limited License. Your right to use any Virtual Items or Virtual Currency that you obtain is limited: you have a limited, non-exclusive, non-assignable, nontransferable, non-sublicensable, revocable license to use such Virtual Items and Virtual Currency solely for your personal entertainment and noncommercial use in connection with Games or Services. We, in our sole discretion, have the absolute right to manage, modify, substitute, replace, suspend, delete, or cancel, Virtual Currency and Virtual Items without any notice or liability to you, including deletion upon termination of your Account.
YOU ACKNOLWEDGE AND AGREE, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THAT YOU WILL HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP, OR PROPRIETARY INTEREST IN VIRTUAL CURRENCY OR VIRTUAL ITEMS TO WHICH YOU AQUIRE ACCESS REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE AND THAT WIZARDS WILL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, IMPAIRMENT, MODIFICAITON, OR OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE AFOREMENTIONED, INCLUDING THEIR DELETION UPON THE TERMINATION OF YOUR ACCOUNT.
7.6 Availability. Virtual Items, Virtual Currency, fees, and billing procedures may change over time. The existence of a particular offer for Virtual Items or Virtual Currency does not mean Wizards will maintain or continue to make available the Virtual Items or Virtual Currency or that offer. The scope, variety and type of Virtual Items and Virtual Currency that you may obtain can change at any time and we have the right to manage, regulate, control, modify or remove Virtual Currency or Virtual Items in our sole discretion, in which case we will have no liability to you or anyone for the exercise of such rights. Wizards may change its fees or billing procedures upon notice of the changes. If any such change is unacceptable to you, your sole recourse is to terminate your account. Your continued use of the Platform, Game, or Services after notice of the changes will indicate your acceptance of those changes. The real-world price of Purchased Virtual Currency may vary depending on the amount you purchase and where you're purchasing. Wizards may limit the total Virtual Currency quantity that may be purchased at any one time or that may be held in your account. Price and availability of Virtual Currency and Virtual Items are subject to change without notice
7.7 Terms. If you purchase a limited license to Virtual Currency (i.e., Purchased Virtual Currency), you agree to the pricing, payment, and billing terms applicable to them at the time the charge becomes due and payable. When you purchase Virtual Currency, you are not interacting with Wizards, but rather our third-party payment provider partner(s) (See Section 3 above). All payments are nonrefundable and nontransferable except as expressly provided in these Terms.
7.8 European Union residents: Subject to the terms of any applicable device/platform via which you access Wizards' Games, you have the right to withdraw from a purchase of Virtual Currency or Virtual Items within 14 days of your purchase, without giving a reason. You hereby expressly acknowledge that you lose your right of withdrawal once the performance of our service has begun and your account is provided with access to the Virtual Currency or Virtual Items. You agree that the supply of Virtual Currency or Virtual Items and the performance of services begins immediately after you complete your purchase. Therefore, once access to the Virtual Currency or Virtual Items has been enabled on your account, the contract has been fully performed by us.
8. PRIVACY NOTICE.
9. NO WARRANTIES.
WIZARDS PROVIDES THE WEBSITES, PLATFORM, GAMES, ORGANIZED PLAY, SERVICES, ACCOUNTS AND ALL OTHER FEATURES, PRODUCTS AND DOCUMENTATION ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRNATIES OR REPRSENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITED BY APPLICABLE LAW, WIZARDS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR RELIABLITY, 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 our Websites, Platform, Services, Games or your account or that the same will function properly in combination with any third-party component, technology, hardware, software or system. Nor do we ensure that defects in any portion of the same will be corrected. Wizards may change, modify, disable, suspend or remove any such feature, product, service, software, art, graphics or other content, in whole or in part, at 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 Websites, Platform, Games, or Services including, without limitation, information contained in the public postings areas of the Websites or Service and information provided or statements made by a celebrity, "expert," or similar guests and, therefore, Wizards specifically disclaims any liability resulting therefrom. You acknowledge that the Websites, Platform, Games, and Services have not been developed to meet your individual requirements. Wizards disclaims suitability of the Websites, Platform, Games, or Services for any purpose. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
10. LIMITATION ON LIABILITY; INDEMNIFICATION.
10.1 Limits to Wizards' Liability to You. 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, HARDWARE, SOFTWARE, INJURY, INFORMATION OR SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, STRICT PRODUCT LIABILITY AND WIZARDS' 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 WEBSITES OR SERVICES (AND ANY COMPONENTS THEREOF), YOUR ACCOUNTS, ANY FUNCTION OR FEATURE AVAILABLE, ACCESSED, DISTRIBUTED OR VIEWED THROUGH THE WEBSITES, THESE TERMS, THIRD PARTY WEBSITES OR SERVICES ACCESSED, DISTRIBUTED OR ADVERTISED IN OR THROUGH THE WEBSITES OR SERVICES, 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 KNEW OR SHOULD HAVE KNOWN 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 $100.00 (USD).
10.2 Waiver of Equitable Remedies. YOU AGREE THAT NAY LOSS, DAMAGE, OR HARM YOU SUFFER ARE NOT IRREPARABLE AND OTHER REMEDIES WOULD BE ADEQUATE SUCH THAT YOU ARE NOT ENTITLED TO AND HEREBY 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, YOU AGREE THAT WIZARDS AND/OR ITS LICENSORS WOULD BE IRREPARABLY HARMED IF THE TERMS OF THIS AGREEMENT WERE NOT SPECIFICALLY ENFORCED THEREFORE FOREGOING SHALL NOT PRECLUDE WIZARDS AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY; AS SUCH THEY MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
10.3 Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD WIZARDS, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, CURRENT AND PAST OFFICERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, ACTION, SUIT, DEMAND, OR DAMAGES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ASSERTED BY ANY THIRD PARTY ARISING IN CONNECTION WITH THE USE OF YOUR ACCOUNTS, THE WEBSITES, THE PLATFORM, THE GAMES, AND THE SERVICES. Wizards reserves the right, at its own expense and its sole and absolute discretion to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Should Wizards so elect, you will cooperate with Wizards in asserting any available defenses
11. UNSOLICITED IDEA SUBMISSION POLICY.
We value your feedback, but please don't submit any unsolicited creative ideas, suggestions, comments, or materials to us ("Submissions"). We don't accept or consider these Submissions. If you ignore this and send Submissions to us anyway, we will not treat them as confidential or proprietary, and you grant us an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Submissions, including any and all copyrights, trademarks, trade secrets, patents, industrial rights, and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including giving the Submissions to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Submissions granted to us as specified above are valid, effective, and enforceable. You also give up any claim that any use by us or our licensees of your Submissions violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas in your Submissions..
13.1 Your Streaming. Wizards encourages you to stream and share content in accordance with our Fan Content Policy (reminder—this policy only permits noncommercial activities), but you are responsible for your own content. Please ensure your content doesn't violate these Terms, the Fan Content Policy, or the Code of Conduct. And if you choose to include any other people or a third-party's intellectual property (e.g., background music) you are solely responsible for obtaining the rights to do that, so be sure to get their permission first. Online interactive gameplay may be impacted by streaming; if you choose to stream your play it is at your own risk.
13.2 Wizards' Streaming. From time to time, Wizards' may stream gameplay. If you get matched in Game with a member of Wizards' staff that is streaming gameplay, you expressly acknowledge and agree that your username, gameplay, associated avatar, likeness, and any communications during gameplay (collectively, "Your Gameplay") may be streamed. You grant us a worldwide, perpetual, irrevocable, sublicensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import Your Gameplay, including, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including giving Your Gameplay to others, without any compensation to you. You waive any and all claims that any use by us or our licensees of Your Gameplay violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary, attribution, or other rights, and rights to any material or ideas set forth therein.
14. FORUMS AND COMMUNICATION SERVICES.
The Websites, Platform, or Services may include or make available chat, blogs, "wiki" features and forums that allow certain text, images, designs, logos, video, sound, code, data, and other materials and information, as well as the selection and arrangement thereof, to be written or created collaboratively, and group pages, and messaging functions, and other areas or services in which you or other users can create, post or store User Content. You are solely responsible for your use of such Services and you use them at your own risk. As with other Services, your use is subject to these Terms as well as any additional terms and conditions provided with those Services.
15. TERMINATION; SURVIVAL.
15.1 Your Termination. You may cease using the Websites, Platform, Organized Play, and Services, as well as terminate your account, at any time.
15.2 Wizards' Termination. Wizards may, at any time and at its sole discretion, suspend, terminate, deactivate, and delete your account, or suspend, terminate, or discontinue your access to or any part of the Websites, Platform, Games, Organized Play, or Services with or without notice to you for any reason or for no reason at all, including without limitation if: (i) you breach any provision of these Terms; (ii) you infringe any third-party intellectual-property rights; (iii) Wizards is unable to verify or authenticate any information you provide to Wizards; (iv) Your activity is inappropriate, in violation of the spirit of Wizards, or in violation of Wizards' Code of Conduct; (v) Wizards has stopped offering the Website, Platform, Organized Play, Game, or Services, in your region; (vi) doing so would be in the best interest of Wizards, a third party, or our community.
Upon termination of your account or discontinuation of any part of the Websites, Platform, Games, Organized Play, or Services all rights granted to you under these Terms will immediately terminate with no further obligations or liability to you. You will no longer have access to the Websites, Platform, Games, Organized Play, or Services (or any part thereof), including any of the associated data or content (e.g., in-game items or currency, account, etc. You acknowledge and agree that will not be entitled to any refunds and Wizards will have no liability to you. We also have the right to terminate or suspend any other accounts you may have created with Wizards, as well as your access to any other Wizards services without any refunds or liability to you. Sections 6 (Intellectual Property), 9 (No Warranties), 10 (Limitation on Liability; Indemnification), 11 (Unsolicited Idea Submission Policy), 12 (Feedback), 18 (General), and "Organized Play" together with any licenses granted to Wizards hereunder, will survive termination for any reason.
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 Websites which we believe infringes the intellectual property rights of others upon receipt of and proper notification to Wizards by the intellectual property owner or the owner's legal agent. If you infringe other people's intellectual property rights, we, at our sole discretion, may also terminate your account.
If you believe that any content appearing on our Websites infringe your intellectual property rights, we want 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) an 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
Wizards of the Coast LLC
P.O. Box 707
Renton, Washington 98057-0707
Telephone:1 (800) 324-6496
E-mail: firstname.lastname@example.org (Only use this email address to report potential copyright and trademark infringement claims. All other email messages will be deleted without response.)
17. D&D INSIDER.
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 support.
You may also terminate your D&D Insider subscription at any time by contacting Wizards' customer support. 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.
18.1 "Platform" refers collectively and individually to (1) the Wizards Platform software, (2) the Wizards Platform services, (3) each of Wizards' Games, (4) authorized Mobile Apps relating to the games, and (5) all features and components thereof regardless of how you access or use them.
18.2 "Software" means the Game's proprietary software application, and any patches, updates, and upgrades to the application, and all related content and documentation made available to you by Wizards under this agreement, including but not limited to all software code, titles, themes, objects, characters, names, dialogue, catch phrases, locations, stories, artwork, animation, concepts, sounds, audio-visual effects, methods of operation, and musical compositions that are related to the application, and any copies of any of the foregoing. Software specifically includes all Virtual Currency and Virtual Items for which you have paid the associated fee or otherwise acquired a limited license to access under Section 7.
18.3 "Services" means any services made available to you through or in connection with the Software, including but not limited to services to acquire, maintain and use Virtual Currency and Virtual Items, user accounts, customer support, forums, websites, and other services we provide you including without limitation interactions with us, registering an account, contacting us, or posting in our forums ("Services")
18.4 "Intellectual-Property Rights" means all copyrights, trademarks, service marks, trade dress, patents, trade secrets, confidential information, brand names, logos, goodwill, get up, trade, business or domain names, design rights, database rights, rights in inventions, know-how, rights in databases, rights in computer software, moral rights, publicity rights, performance rights, synchronization rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual-property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.
19. Governing law; venue; time to bring claims.
19.1 Governing Law. These Terms, your use of the Websites, Platform, Games, Organized Play, or Services, your interactions with Wizards, and any issues arising out of them will be deemed entered into in Washington and governed by laws of the State of Washington, without regard to its choice of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
19.2 Venue & Jurisdiction. To the extent not covered by Section 20 below, you and Wizards both consent and agree to the exclusive jurisdiction and venue of the state and federal courts within King County, Washington, for any claims arising out of these Terms, your use (or inability to use) of the Websites, Platform, Games, Organized Play, or Services, or your interactions with Wizards. You waive your right to argue that the state and federal courts in King County, Washington are an improper venue.
19.3 Time to Bring Claims. In no event will you bring any claim, action, or proceeding related to or arising out of these Terms, your use (or inability to use) of the Websites, Platform, Games, Organized Play, or Services, or your interactions with Wizards more than one (1) year after the cause of action arose.
19.4 Fees. In the event any litigation is brought by either party in connection with these Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
20. dispute resolution; Arbitration.
We and you both agree to make a reasonable, good faith effort to resolve any disputes between us informally. If we can't, this is what happens next:
20.1 Arbitration. You agree to resolve all disputes, claims, demands, or controversies between us in individual binding arbitration. This includes without limitation any claims arising from these Terms, any part of the relationship between you and us, or your use of the Websites, Platform, Games, Organized Play, or Services. This section applies whether the dispute or claim is based in contract, tort, statute, fraud, unfair competition, misrepresentation or any other legal doctrine.
20.2 Arbitration administration. You agree that the arbitration shall be administered byJAMSin the Seattle, Washington area pursuant to itsComprehensive Arbitration Rules and Procedures for residents of North and South America; Japan, for residents of Asia; and in London for residents of Europe and Africa.
20.3. Initiating Arbitration.
You may initiate an arbitration proceeding by sending Wizards a written notice explaining the claim and what remedy the you, the commencing side (called the "claimant") want from Wizards (called the "respondent"). JAMS has created a form for this purpose, called the "Demand for Arbitration," which is available on itswebsite. In addition to sending this form to JAMS and paying a filing fee, the claimant must mail a copy of the Demand for Arbitration to the respondent. If you initiate arbitration against Wizards, you must send a copy to Wizards at the following address: Wizards of the Coast LLC, ATTN: Legal Department, 1600 Lind Avenue, Ste. 400, Renton, Washington.
20.4 Arbitration Process.
A sole arbitrator shall be selected pursuant to these rules and mutually agreed upon by both parties. Judgment on the Award may be entered in any court having jurisdiction. The Federal Arbitration Act and federal arbitration law apply to the enforcement of this arbitration agreement. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where applicable, the AAA's Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement (http://www.adr.org). Washington law, exclusive of conflict or choice of law rules, applies for deciding all other claims and issues, including the interpretation of these Terms.
The arbitration shall be conducted by a single arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators and mutually agreed upon by the parties. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The AAA will administer the arbitration and it will be conducted in the English language. It may be conducted through the submission of documents, by phone, or in person at a mutually agreed location. The arbitration hearing must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed to by you and Wizards. The AAA will only have power to arbitrate the dispute between you and us and not in relation to other people under this particular arbitration. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
20.5. Arbitration Confidentiality. You and Wizards agree that any dispute, claim or controversy that has been submitted to arbitration, and all related proceedings including any settlement agreement, shall be kept confidential. However, the prevailing party in any arbitration may file the arbitration Award with any court of competent jurisdiction to have that Award confirmed in a court order or judgment.
20.6. Arbitration Costs. The parties agree to share equally in the arbitration costs incurred. In the event any litigation is brought by either party in connection with this User Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
20.7 Additional Terms. You also agree that (i) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between the parties); and (ii) and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between the parties).
20.8. WAIVER OF COLLECTIVE ACTION (AKA CLASS ACTION) REMEDIES.
To the maximum extent permitted by law, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration. You and we agree that to the full extent permitted by law, (1) no arbitration shall be joined with any other, including without limitation any arbitration involving any other current or former customer, end user or licensee of Wizards, whether through class arbitration proceedings or otherwise; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If the agreement in this Section 20.9 not to bring or participate in a class or representative action, private attorney general action or collective arbitration is found unenforceable, you and Wizards agree that it will not be severable: this entire section will be deemed unenforceable and any claim or dispute will therefore be resolved in Arbitration as outlined above.
21. alpha/beta tests
21.1 Alpha/Beta Tests. From time to time, Wizards may allow access to alpha or beta testing of its Games or Services before its full commercial release. The alpha or beta versions of Games or Services are not final; they are released to test the features, capabilities, and performance of the Games and Services. If you are using an alpha or beta version of the Games or Services, this section applies and supersedes any other section of these Terms that conflict.
21.2 Availability. Providing and maintaining an alpha or beta is at Wizards' sole discretion. You will only be able to access a closed alpha or beta if Wizards designates you as a closed alpha or beta participant. After registering for a closed alpha or beta, there may be a wait to use the Games or Services for a variety of reasons, including our server load and technical capabilities.
21.3 Other Terms. We give you alpha or beta access to the Games or Services to give you the chance to be involved with something new and exciting we are building! We expect you to understand that this means the Games or Services aren't complete and will go through many changes before full commercial release. This means the following with respect to alpha and beta tests:
- They are be time-limited and Wizards will decide in its sole discretion when to move on to the next phase;
- They may be accessible from limited platforms (e.g., PC only) Wizards will notify you if any other platforms become available for use during the test period;
- They may contain more, fewer, or different features than the full commercial release;
- Wizards may in its discretion change, add, or remove features as part of the process of testing the game;
- Wizards may monitor and record any and all communications, including, without limitation, email, in-game chat, forum postings, etc.;
- They are not complete and are provided to you ‘as is' without any additional warranties or promises. Wizards will not be liable for incomplete or nonfunctional software, software errors that cause damage to your computer or device or data loss, hardware failures, or disruption of service.
- You may be given the opportunity to provide Wizards with voluntary feedback during and after the test in our forums, via bug reports, and other methods. We would appreciate it if you would share your feedback with us so we can make the Games and Services as awesome as possible.
- Our invitations are personal, so please don't try to transfer or sell your access to a closed test.
- Wizards may not release a final commercial version or, if released, it may alter features, capabilities, functions, licensing terms, release dates, general availability or other characteristics at its discretion.
21.4 Real-Money Transactions in Alpha/Beta Tests. From time to time, test versions may have features that allow you to purchase licenses to use Virtual Items, Virtual Currency, or other services (collectively, "Alpha/Beta Purchases"). IF YOU PURCHASE A LICENSE TO USE ALPHA/BETA PURCHASES DURING A TEST, ALPHA/BETA PURCHASES MAY NOT TRANSITION INTO THE FINAL RELEASE VERSION OF THE GAME. WIZARDS WILL NOT PROVIDE YOU WITH A REFUND FOR ANY ALPHA/BETA PURCHASES MADE DURING A TEST. If Alpha/Beta Purchases do not transition to the final release version, Wizards will provide you with information that explains what, if any, credit for Alpha/Beta Purchases you may receive once the test has concluded.
21.5 Termination. Wizards may terminate an alpha or beta test at any time, for any reason or for no reason. If Wizards terminates a alpha or beta test, you must delete the pre-release version of the Games or Services and all materials you received from Wizards in connection with the alpha or beta test. Wizards may require you to remove any elements of the alpha or beta from any hard drives of any devices on which the pre-release version of the Games or Services have been installed. You agree and acknowledge that Wizards termination of the test shall not be grounds for any refunds of any kind, including but not limited to Alpha/Beta Purchases.
21.6 Confidentiality. If Wizards classifies a beta or some aspects of an alpha or beta confidential, you will receive notice from us. If an alpha or beta is classified confidential, the alpha or beta, your role as a tester, and all information related to the alpha or beta are to be kept secret from everyone (except Wizards) until Wizards informs you otherwise.
22. promotions; Game Keys.
22.1 Availability. From time to time, Wizards may allow you to participate in promotional contests, special gameplay or tournament events, or similar limited-time promotional offers (including, without limitation, organized play events) (collectively "Promotions") that may offer prizes or require you to provide additional information about yourself. Each Promotion may have its own rules that are hereby incorporated by reference, which you must read and agree to before you participate. Wizards does not make any representations, warranties, or covenants regarding the amount, type, or frequency of access to Promotions you can expect at any time in connection with any of Wizards products or services. You acknowledge and agree that you may not rely upon the continued availability of Promotions and that Wizards will not be liable for any actions you undertake or actions you do not take based on your expectations. Wizards' decisions regarding Promotions shall be final and binding.
22.2 Promotional Codes. Wizards may distribute promotional codes or game "keys" that may be redeemed by you for a limited license to access certain features, events, Virtual Items or Virtual Currency available in Wizards' Games or Services ("Promotional Code(s)"). Promotional Codes may be valid for a limited time only. Some Promotional Codes may have additional terms and conditions that will govern the use and availability of such Promotional Codes. Promotional Codes are personal to you, are non-transferable, and have no real-money or "cash" value. The use of Promotional Codes in unauthorized advertising, marketing, sweepstakes, raffles, or for other unauthorized promotional purposes is strictly prohibited.
23. Updates and changes.
23.1 To this Agreement. Wizards may (and likely will) update, amend, alter, or modify these Terms in the future. You agree that wizards may make changes to these Terms at any time and for any reason at its sole discretion. If we make material changes to these Terms, we will notify you and give you an opportunity to review the new Terms that will supersede and replace these Terms.
If any future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you must terminate your account. Your continued use of the Websites, Platform, Organized Play, Games or Services after notice of changes to these Terms will mean that you accept any and all of Wizards' changes. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature, content or availability of the Websites, Platform, Organized Play, Games or Services.
23.2 To Wizards' Products and Services. Wizards' Websites, Platform, Organized Play, Games and Services will evolve. Wizards may update, patch, update, revise, change, suspend, "nerf", or restrict your access to the Websites, Platform, Organized Play, Games or Services, including components thereof (e.g., Virtual Items), for any reason and may push mandatory, automatic, or background patching or updates or require you to download and install updates to any software required to support the certain Websites, Platform, Games, or Services at any time without notice or liability to you. You acknowledge that your use of the Websites, Platform, Organized Play, Games or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature, including but not limited to any rewards, prizes achievements, levels, Virtual Currency, or Virtual Items. You also acknowledge that any character or account data, Game progress, Game customization or other data related to your use of any of Wizards products or services may cease to be available to you at any time without notice from us, including without limitation after a patch, update, or upgrade is applied by Wizards. We do not have any maintenance or support obligations with respect to the Websites, Platform, Organized Play, Games or Services. You agree that updates may change the requirements necessary to use the Websites, Platform, Organized Play, Games or Services and agree that in such an event you are responsible for any necessary actions, including but not limited to software or hardware, to access and use the Websites, Platform, Organized Play, Games or Services. You are not entitled to any subsequent updates nor is Wizards obligated to provide you with updates.
24.1. Language; Interpretation. It is the express wish of the parties that these Terms and all related documents have been drawn up in English. Les parties déclarent qu'elles ont demandé et par les présentes confirment leur desir exprés que cette convention soit rédigee en anglais. The original of these Terms is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have these Terms written or construed in the language of any other country. The headings of sections, paragraphs and subparagraphs of these Terms 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.
24.2. Compliance with Law; U.S. Export Controls. You will comply with all applicable laws regarding your installation, copying and use of the Websites, Platform, and Services and your access to your accounts. Without limiting the foregoing, software available in connection with the Websites and Services may be subject to United States export controls. No feature, function, software or any component thereof may be downloaded from the Websites, Platform, or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software is at your sole risk. You further agree not to upload to the Websites, Platform, and Services any data or software that cannot be exported without prior written government authorization including, but not limited to, certain types of encryption software.
24.3. Equitable Remedies. You hereby agree that Wizards would be irreparably damaged if these Terms were not specifically enforced. Therefore, you agree that Wizards will, in addition to any other remedy it may have under these Terms, at law or in equity, be entitled without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms.
24.4. Severability; Waivers. If any provision of these Terms 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 Terms, or to exercise any rights or remedies under these Terms, 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 Terms shall be deemed a further or continuing waiver of such term or any other term.
24.5. No Assignment. These Terms and the rights granted herein are personal to you, and may not be assigned. Wizards may transfer or assign these Terms, Websites, Platform, Organized Play, Games or Services, in whole or in part, to third parties of our choosing.
24.6. Trademark and Copyright Notification. Unless otherwise indicated, all trademarks appearing on the Websites and Services are the property of Wizards of the Coast LLC or its parent Company, Hasbro, Inc. All rights reserved. All artwork, images, text, proprietary software and other copyrightable images are the copyrights to Wizards. All rights reserved. All other trademarks and copyrightable content are the property of their respective owners and used under license.
24.7. Force Majeure. Wizards shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause such as acts of god, war, pod people, terrorism, riots, the zombie apocalypse, embargoes, acts of civil or military authorities, Plan 9, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
24.8. Players Outside the United States. If you access the Websites, Platform, Organized Play, Games or Services from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the Websites, Platform, Organized Play, Games or Services as supplied by Wizards. If the Act applies, then notwithstanding any other provision in this Terms, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Terms. Those who choose to access the Websites and Services from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, these Terms shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.
24.9 Blocked Parties. You may not use Wizards' Websites, Platform, Organized Play, Games or Services if: (1) the Office of Foreign Assets Control of the United States Treasury Department lists you as a specially designated national and/or blocked person; (2) the Bureau of Industry and Security of the United States Department of Commerce lists you on its denied persons list or lists of parties of concern; or (3) you're on any similar list promulgated by an official agency or department of the United States government. You warrant and represent that you're not located in, under the control of, or a national or resident of any embargoed country.
24.10 Severability. Should any portion of this Section be found illegal or unenforceable, you agree that such portion shall be severed and the remainder of this Section shall be given full force and effect.
24.11 Notices. All notices given by you or required under this Terms shall be in writing and addressed to: Wizards of the Coast, ATTN: Customer Support, P.O. Box 707, Renton, Washington 98057-0707. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Additional terms and conditions apply to participants of Wizards' Organized Play program:
1. DCI ACCOUNTS
As part of the Services, Wizards provides players an opportunity to engage in organized play activities for its games (e.g., Magic: The Gathering, Dungeons & Dragons, Kaijudo, Duel Masters, etc.). To be eligible to participate in organized play, you must activate a DCI number as part of our account. DCI numbers are unique identifiers used to track your organized play standings and player progress. You may acquire a DCI number through online account creation, by visiting an authorized Wizards' Play Network retail location, or by participating in an independent authorized organized play event. Once you activate your DCI number, your play activities will be entered into Wizards' organized play databases and you will be eligible to compete in sanctioned event play.
2. rules and enforcement
By participating in organized play, you expressly acknowledge and agree to comply with any official organized play and tournament rules (see rules for Magic: The Gathering and Kaijudo) updated and published by Wizards from time to time and incorporated herein by reference (see applicable game websites for current rules). Organized play events are adjudicated by members of the Wizards' community who provide us with reports regarding play (win/lose records) as well as player behavior, conduct, and violations of tournament rules and the Code of Conduct, and recommendations regarding disciplinary actions. While we reserve the right to review or not review any reported violation of the foregoing, Wizards will generally enforce the community member's recommendations. Some violations may be referred to a committee of rules judges for review and recommendations. While we do not disclose your personal contact information to judges unless you provide us with express permission, we recommend that you work with judges while they conduct their investigations. By participating in organized play events, you expressly consent to this enforcement process as well as any other enforcement procedures or guidelines published by Wizards at its sole discretion. You also agree that all disciplinary decisions regarding actual or alleged violations of tournament rules and the Code of Conduct are final, at Wizards sole discretion, and that Wizards has no liability to you whatsoever in regards to such investigations and decisions. You expressly acknowledge and agree that participating in organized play is voluntary and for entertainment purposes only. By participating in organized play, you waive any cause of action against Wizards, judges, or any other member of the Wizards' organized play community arising from or related to your participation.
3. WAIVER AND CONSENT.
By participating in organized play events you agree to the following:
3.1 You agree to comply with all rules, regulations, and behavior standards applicable to the event you participate in, as may be modified from time to time in Wizards' sole discretion. You understand and agree that all decisions of Wizards and its authorized representatives, independent tournament organizers ("ITOs"), and judges with respect to such an event are final.
3.2 You are legally competent to agree to this release, or your parent or guardian has also read and agree to this release on your behalf.
3.3 You agree that Wizards, exhibitors of the event, assigns, licensees (collectively, "Event Affiliates"), and ITOs may photograph and record you and may display, distribute, create derivatives, exhibit, broadcast, edit, advertise, publicize, promote, and use aforementioned photographs and recordings in connection with the applicable event, other Wizards related events, products manufactured or licensed by or on behalf of Wizards, and in connection with advertising to promote the aforementioned events or products. You further agree and expressly consent that Wizards and its Event Affiliates may display my name, city, event record and event pairings online through websites and social media services to facilitate the event. You waive any personal or proprietary rights with respect thereto. You represent and warrant to Wizards that you have not made any contract or commitment in conflict with this grant, and that you will seek no further consideration for any use contemplated by this Section 7(c)(iii).
3.4 Wizards may, at its sole discretion, invite you to participate in its organized play programs (e.g., the Pro Tour Players' Club program). Your participation in such programs is subject to acceptance of all Wizards' then current rules and conditions. Wizards reserves the right to terminate any organized play program, or your participation in such program, at any time and for any reason at its sole discretion.
3.5 If eligible, you may receive an award for participating in an organized play event, and Wizards may, in its discretion, modify or terminate any award or the award structure. The following limitations shall apply to any award received by you as a result of your participation in the event:
3.5.1 General. Awards are non-transferable, non-negotiable, and not redeemable for an alternative award except in Wizards' sole discretion. All expenses and taxes not specified herein are your responsibility and you acknowledge Wizards' recommendation that you consult a tax advisor in your jurisdiction.
3.5.2 Cash award. Any cash award will be distributed to you according to Wizards' then-current policy for distribution.
3.5.3 Appearance Fee award. In order to receive an appearance fee, you must attend, compete in at least three rounds of a tournament (not including rounds in which the member received a bye), and be listed as finishing in the applicable tournament for which you are to receive the appearance fee and participate in all mandatory aspects of the event, including without limitation media interviews or specialty events.
Notwithstanding the forgoing, Wizards reserve the right to award or withhold appearances fees at its sole discretion.
All appearance fees are subject to the following additional terms and conditions:
- All taxes are the responsibility of the individual receiving the appearance fee. Members acknowledge Wizards' recommendation that they consult a tax advisor in their jurisdiction for questions regarding their tax liabilities.
- Before being awarded any appearance fee, the potential recipient must, among other things, submit to Wizards of the Coast LLC: (i) a signed Consent and Release Agreement, (ii) the appropriate IRS tax form, (iii) provide proof of identification, and (iv) any other documentation designated by Wizards.
- A player eligible for an appearance fee must claim his or her appearance fee within one (1) year from the date of the event for which the appearance was awarded, or the appearance fee is forfeited.
- Appearance fee awards are processed in the same manner as prize awards for events and are generally mailed out six weeks after the event and all required information is received by Wizards of the Coast.
3.5.4 Airfare award. For the applicable tournament, Wizards or its designate will provide one (1) roundtrip coach ticket on an airline of its choice from the airport nearest your home to the tournament host city. You will adhere to all instructions provided by Wizards or its designate in booking such air ticket. Travel dates will include the days of the applicable tournament or championship. All other fees including, but not limited to, baggage fees, lodging, meals, ground transportation, gratuities, travel documents, and fees caused by changes to airline reservations, are solely your responsibility. You agree to travel on dates designated by Wizards or award will be forfeited. All flight arrangements are subject to availability.
3.5.5 Hotel Room award. Eligibility to win a hotel room award begins thirty (30) days after a player has obtained a level that includes this benefit. Wizards or its designate will provide one (1) standard hotel room at a hotel of its choice for the dates of the applicable tournament or championship. You will adhere to all instructions provided by Wizards in booking such a hotel room. All other fees including, but not limited to, airfare, meals, ground transportation, gratuities and fees caused by changes to hotel reservations, are your responsibility. You agree to occupy the room on dates designated by Wizards or award will be forfeited. All hotel arrangements are subject to availability.
3.6 You agree to release, indemnify, and hold Wizards, Event AFFILIATES and ITOs harmless from any and all loss, injury, damage, claim, and action of any kind in connection with or arising from Your PARTICIPATION in an Event (including without limitation, judging decisions) or any award including, without limitation, personal injuries, death, property damage, or claims based on publicity rights, defamation, or invasion of privacy, whether suffered by YOU or a third party, however caused, and whether foreseen or unforeseen. Wizards, its Event affiliates, and itos are not responsible for injury or damage of any kind related to or resulting from participation in the Event.
3.7 Wizards is not obligated to exercise any of the rights granted herein.
3.8 The terms of this Section 3 shall serve as a release and assumption of risk for your heirs and all members of your family, including any minors accompanying you. You understand this is a binding contract that supersedes any other agreements or representations, and is intended to provide a complete release of liability. The specific rights of the parties may vary from state to state and country to country.
4. Planeswalker points.
By participating in sanctioned organized Magic: The Gathering event (each a, Sanctioned Event"), your participation and game play results are reported to Wizards. Each time you play in a Sanctioned Event, you get Planeswalker Points ("Points") that help you to level up in the Planeswalker Points Program "PWP Program."
4.1 Points, Badges, and Achievements. You are able to get Points and level up in the PWP Program by participating in Sanctioned Events. Different types of Sanctioned Events and different types of play will allow you to get Points in the following PWP categories: Lifetime Points, Seasonal Award Points, Yearly Award Points, FNM Points, and Professional Points. You can get Lifetime Points by participation in all types of Sanctioned Events and these Points are the basis for your level designation (e.g., a Task Mage is a player who has achieved Level 11 and has 50 Lifetime Points). Seasonal Award and Yearly Award points are accrued through Sanctioned Event play (excluding Pro Tour, World Magic Cup, and Magic: The Gathering Players Championship tournaments), but do not include casual play. You can get FNM Points by playing at Friday Night Magic events. You can get Professional Points only by participating in pro level events. (Pro Level Events are Grand Prix, Pro Tours, the World Magic Cup, and the Magic: The Gathering Players Championship (each a "Pro Level Event")).
The Points you earn playing in Sanctioned Events will be recorded, tracked and made viewable to you in your PWP Account. Each account holder is responsible for ensuring the accuracy of his or her PWP Account and is encouraged to check his/her PWP Account regularly. If you believe that your PWP Account is inaccurate, you must notify the Wizards by contacting Customer Support at(800) 324-6496in the U.S. and Canada, or 001 (425) 204-8069 for other countries, or complete the Appeal Form located here within one year of the event date that generated the Points at issue.NOTE:YOUR SEASONAL AWARD, YEARLY AWARD, FNM, AND PROFESSIONAL PLANESWALKER POINTS ACCRUALS WILL RESET AT THE END OF EACH PWP CATEGORY'S RESPECTIVE SEASON, RETURNING YOUR POINT BALANCE TO ZERO FOR THE NEXT SEASON.
From time to time, Wizards, at its sole discretion, may also award badges and achievements to you under the PWP Program. Your Points and any badges and achievements awarded to you have no cash value and only apply to the PWP Program. Points, badges and achievements do not constitute your personal property, may not be transferred or assigned, and may be revoked by Wizards at any time and for any reason. Wizards has the right to recalculate, adjust, reduce, or modify the Points in your PWP Account and the number of Points awarded to you at any time, to change the PWP categories set forth in this Section 4.1 and add to or eliminate badges and achievements, at its sole discretion without prior notice to you. In the event that a Sanctioned Event is determined by Wizards to have been administered or run in violation of any policies, guidelines or rules including, without limitation, the Magic Tournament Rules, the event will be invalidated and any Points, badges or achievements you received for participating in such event will be removed from your PWP Account.
Furthermore, you acknowledge and agree that the PWP is for entertainment purposes only and that the PWP, its Points, badges and achievements may be deleted, changed, terminated or modified at any time with no liability to you.
To learn more about the different types of Sanctioned Events, the associated Points for each type of play, PWP Program levels, Pro Level Events, and the Premier Multiplier go here.
For more information about badges and achievements go here.
4.2 Point Forfeiture and Lose of Badges or Achievements.
4.2.1 Suspension of your PWP Account. In the event that Wizards suspends your PWP Account for violation of any of the rules, requirements and/or guidelines set forth in Section 11 of these Terms, Wizards may deduct Points from your PWP Account and/or revoke some or all badges and/or achievements awarded to you. The number of Points deducted and/or whether badges/achievements will be revoked will be decided by Wizards depending upon the level of severity of your violation, at Wizards' sole discretion. (See the Magic Tournament Rules for details).NOTE: deduction of Points from your PWP Account and/or revocation of badges and achievements for any reason may result in a lower achievement level designation (e.g., from Adept to Task Mage) and may also cause you to level down in your standing in other aspects of the PWP Program including, in the Pro Tour Players Club. (See the Pro Tour Players Club Guidelines and Procedures for more information.)
4.3 PWP Program Invitations and Byes. As you play Magic in Sanctioned Events, accrue more Points, and level up in your ranking through the PWP Program, you may also get invitations to play Magic in invitation-only Pro Level Events and may receive Byes for Grand Prix events. You can get invitations to Pro Level Events by accruing Points in the various PWP categories and receive Byes as follows:
4.3.1 FNM Points. At the end of an FNM Season, the top 100 ranked eligible FNM players from various geographical locations worldwide (as determined by Wizards at its sole discretion), may receive an invitation from Wizards to play in the FNM Championship and an Airfare Award (as set forth in Section 7). Ranking will be based upon your accumulated FNM Points during the 2012 FNM Season.
4.3.2 Seasonal Award Points; Grand Prix. During each Seasonal Award Season (as defined in subsection (d)), eligible players that have accumulated the required number of points (as determined by Wizards in its discretion) may receive a 1-round, 2-round, or 3-round Bye for each Grand Prix Event that is held during the remainder of that Season and for the designated Seasonal Award Season immediately thereafter. (For more information on Byes, see subsection (e) below).
5. YEARLY AWARD SEASON; PREMIER EVENTS.
5.1 Planeswalker Point Seasons. Wizards' Planeswalker Point Seasons are made up of a series of Sanctioned Events during a period specified by Wizards (each a "Season") and are not based on a standard calendar year. The PWP Program includes the "FNM Season", the "Seasonal Award Season", the "Yearly Award Season", and the "Professional Season" as further defined and set forth in the Premier Event Invitation Policy, which is incorporated into these Terms by this reference. Go here for more information. The number of Seasons that offer invitations and/or Byes to various Pro Level Events may vary per PWP category, per Season, and from year-to-year, in Wizards' discretion. The number of players to receive invitations under a particular PWP category may also change from Season to Season, and/or from year-to-year, at Wizards' discretion. All invitations from Wizards to play in one or more of the Pro Level Events set forth above and any Byes are subject to the terms and conditions of Wizards' Premier Event Invitation Policy. Wizards reserves the right to cancel or modify an invitation and/or Bye(s) at any time, at Wizards' discretion. In the event that you violate any of the rules, requirements, and/or guidelines set forth in the Code of Conduct, Wizards may revoke your invitation and/or Bye(s), at Wizards' discretion.
5.2 Yearly Award Points; World Magic Cup Qualifiers. At the end of the designated Yearly Award Season (as defined below and identified in the Premier Invitation Policy), eligible players that have accumulated the required number of points (as determined by Wizards in its discretion) may receive an invitation from Wizards to play in their respective country's World Magic Cup Qualifiers.Note: Some countries have residential restrictions regarding participation in these types of events, which may affect your participation in a World Magic Cup Qualifier. Please see the Premier Event Invitation Policy for more information.
5.3 No Obligation. Wizards has no obligation to host, license, sponsor, sanction or otherwise run any organized play event including, without limitation, all types of events listed herein. Wizards reverses the rights to modify or change any event type and the terms of the PWP Program.
5.3 Magic: The Gathering Players Championship: At the end of the Professional Season (as defined below), the top ranked eligible players from various geographical locations worldwide (as determined by Wizards in its discretion), may receive an invitation from Wizards to play in the Magic: The Gathering Players Championship. Ranking will be based upon your accumulated Professional Points during the Professional Season and the number of players selected will be determined by Wizards based upon the Premier Event Invitation Policy.
5.4 Magic: The Gathering World Magic Cup: At the end of the Professional Season (as defined below), the top ranked eligible players from various countries worldwide (as determined by Wizards in its discretion), may receive an invitation from Wizards to play in the World Magic Cup event. Ranking will be based upon your accumulated Professional Points during the Professional Season and the number of players selected will be determined by Wizards based upon the Premier Event Invitation Policy.Note: Some countries have residential restrictions regarding participation in these types of events, which may affect your participation in the World Magic Cup. Please see the Premier Event Invitation Policy for more information.
5.5. Pro Tour Players Club: At the end of the Professional Season (as defined below), eligible players that have accumulated the required number of points (as determined by Wizards in its discretion), may receive a level designation of Silver, Gold, or Platinum level in the Pro Tour Players Club for the remainder of that Season and for the immediately subsequent Professional Season. Each level has particular awards as determined by Wizards based upon the Pro Tour Players Club Guidelines and Procedures and the Premier Event Invitation Policy. Awards may include invitations to Pro Tour and World Magic Cup Qualifier events, and Byes at Grand Prix events. Your Pro Tour Players Club level will be based upon your accumulated Professional Points during the Professional Season and the number of points required for each level will be determined by Wizards based upon the Pro Tour Players Club Guidelines and Procedures.
5.6 Byes. Byes are "wins" that are awarded during the early rounds of Grand Prix events (each a "Bye") and includes three types of Byes: a 1-Round Bye, 2-Round Byes, and 3-Round Byes. If you are awarded a Bye, you will not participate in the first one, two, or three round(s) of the Grand Prix event to which the Byes are applied (dependent on the type of Bye awarded to you), but you will have Points awarded to you for those rounds as if you had played and defeated an opponent. Byes may also be awarded based on other criteria as set forth in the Premier Event Invitation Policy. Byes are not cumulative within a given Grand Prix event or throughout any Season. Byes may not be passed down for any reason and are not transferable to other players. Byes may not be deferred from one Grand Prix event to another or from one Season to another. Players who accumulate multiple Byes to a Grand Prix event will receive only the Bye for the greatest number of rounds (3-round maximum).
6. OTHER POLICIES
By participating in organized play, you are agreeing to other organized play terms and conditions which we may publish from time to time and at our sole discretion. The other policies are incorporated by this reference and include, but are not limited to, the following:
Magic Tournament Rules
Magic Premier Event Invitation Policy
Pro Club Rules
Hall of Fame Rules
Kaijudo Tournament Rules
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