Last Updated: December 18, 2013
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 that requires the collection of personally identifiable information 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 portion of the Services may contain or provide access to more mature types of content. You may be exposed to some 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 and Services and maintain open communication regarding appropriate materials for use and viewing by their children.
1. Account Subscription.
a. Registration. While some elements of the Websites may be accessible to the public, certain aspects of the Services (e.g., creating a community profile, acquiring a subscription to D&D Insider, posting in forums as well as participating in organized play) require that you register an account. To register an account, you will asked to provide your date of birth and country/region, and then provide your email address as well a username, a screen name and a password; however, to gain access to certain Services (e.g., organized play, invitations to special events, forums, promotions, and prize payments), you may be asked to provide your full name, address, city, state, and country. 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.
2. Use of Websites and Services.
b. Restrictions. You agree not to engage in any of the following: (i) use any means including, without limitation, agents, robots, scripts, or spiders to access, monitor, data scrape, link or frame to content, images or artwork (except as expressly authorized by Wizards), or copy or transfer any part of the Websites or Services (including, without limitation, any Registration Data); (ii) 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; (iii) reverse look-up, trace or seek to trace any Registration Data in any way and for any reason; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Websites or Services; (v) use any device, software or program to interfere or attempt to interfere with the proper working or authorized uses of the Websites or Services, or with any other person's use of the Websites or Services; (vi) 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; (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity; (viii) use the Websites or Services in an illegal manner or for any unlawful purpose; or (ix) violate any applicable rules, policies, guidelines, or fan kit policies.
3. Fees and Payments. Wizards uses third party payment providers (e.g., PayPal, Chase Paymentech, and Digital River) to authenticate payment when you purchase our products and for certain aspects of the Services (e.g. D&D Insider). 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.
4. Links to Other Sites. The Websites 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. As part of your use of the 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"). 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 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 or patent laws under any relevant jurisdiction.
6. Intellectual Property Ownership; Rights Granted to You. The Websites 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"). You are granted a limited, revocable, non-sub-licensable right to access and use Wizards' Intellectual Property solely in connection with your personal and non-commercial use of the Websites and Services. Any use of Wizards' Intellectual Property other than as specifically authorized by Wizards is strictly prohibited and will terminate the rights granted herein.
Notwithstanding the foregoing, Wizards' various "fan kits" provide 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 that applicable fan fit.
7. Organized Play.
a. 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 the online account creation, by visiting an authored Wizards' Play Network retail location, or by participating in an independent authorized organized play event. Once you activate your DCI number in your account, your play activities will be entered into Wizards' organized play databases and you will be eligible to compete in sanctioned event play.
b. 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, and 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 your personal enjoyment. 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.
c. Waiver and Consent. By participating in organized play events you agree to the following:
- 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.
- You are legally competent to agree to this release, or your parent or guardian has also read and agree to this release on my behalf.
- 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-sponsored 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).
- Wizards may, in its sole discretion, invite me to participate in its organized play programs (e.g., the Pro Tour Players' Club program). My 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 my participation in such program, at any time and for any reason in its sole discretion.
- 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 me as a result of my participation in the event:
Notwithstanding the forgoing, we 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:
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.
- 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 my responsibility and you acknowledge Wizards' recommendation that you consult a tax advisor in my jurisdiction.
- Cash award. Any cash award will be distributed to me according to Wizards' then-current policy for distribution.
- 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.
- 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.
- 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 my 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 my responsibility. You agree to travel on dates designated by Wizards or award will be forfeited. All flight arrangements are subject to availability.
- 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 hotel room. All other fees, including but not limited to airfare, meals, ground transportation, gratuities and fees caused by changes to hotel reservations, are my responsibility. You agree to occupy the room on dates designated by Wizards or award will be forfeited. All hotel arrangements are subject to availability.
- 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 ME 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.
- Wizards is not obligated to exercise any of the rights granted herein.
- The terms of this Section 7(c) shall serve as a release and assumption of risk for your heirs and all members of you family, including any minors accompanying me. 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.
d. 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."
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 Service at (800) 324-6496 in 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, in 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 7(d)(iii) and add to or eliminate badges and achievements, in 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.
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.
- 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")).
- Point Forfeiture and Lose of Badges or Achievements
- 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's 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.)
- 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:
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 Section 11, Wizards may revoke your invitation and/or Bye(s), at Wizards' discretion.
- 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 9). Ranking will be based upon your accumulated FNM Points during the 2012 FNM Season.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 won't participate in the first one, two, or three round(s) of the Grand Prix event to which the Byes are applied (dependant 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).
e. 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
9. No Warranties. WIZARDS PROVIDES THE WEBSITES, THE SERVICES, ACCOUNTS AND ALL OTHER FEATURES, PRODUCTS AND DOCUMENTATION "AS IS." WIZARDS EXPRESSLY DISCLAIMS 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 Websites or Services or access to your account, nor that defects in any portion of the Websites 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 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 and the Services have not been developed to meet your individual requirements. Wizards disclaims suitability of the Websites and 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.
11. 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 SUB-LICENSABLE 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.
13. Streaming. Wizards encourages you and other members of the Wizards community to stream your play and other events and interests arising from Wizards' games and other offerings. However, you must obtain permission from any other person that may appear in your video streams and you must obtain permission from any third party intellectual rights holders. All streams using Wizards' Intellectual Property must be non-commercial in nature and may not feature or promote competing games or services. You acknowledge and agree that you are solely responsible for all content appearing in your video streams.
16. Infringements. 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 repeatedly 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:
Name and address of agent to receive notification of claimed infringement:
Intellectual Property Agent
Wizards of the Coast LLC
1600 Lind Ave. SW, Suite 400
Renton, WA 98057
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.)
- your name, address, telephone number, and e-mail address;
- a description of the work that you claim has been infringed;
- 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);
- the exact URL or a description of each place where alleged infringing material is located;
- 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;
- your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- 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.
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 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.
b. Compliance with Law; U.S. Export Controls. You will comply with all applicable laws regarding your installation, copying and use of the Websites 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 Sites 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 any data or software that cannot be exported without prior written government authorization including, but not limited to, certain types of encryption software.
g. 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.
h. 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, terrorism, riots, the zombie apocalypse, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
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.