WIZARDS CREATOR PROGRAM TERMS AND CONDITIONS
Last Updated April 12, 2018
Thank you for your interest in becoming a Wizards Creator!
The Wizards Creator Program is a promotional program (the “Program”) operated by Wizards of the Coast LLC (“Wizards”, “we”, “us” or “our” refer to Wizards of the Coast). Participation in the Program is subject to these Wizards Creator Program Terms and Conditions (the “Program Terms” or “Agreement”).
Please read these Program Terms carefully before applying to or participating in the Program. Any person that participates or attempts to participate in the Program (throughout this agreement, “you”, “Participant”, “Creator”) agrees to be legally bound by these Program Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Program Terms, then you may not participate in the Program.
The Program Terms apply to the Program, plus any and all official products and services offered through the Program (collectively the “Program Services”). Separate terms govern your use of Wizards’ interactive games (the “Game(s)”) and Wizards’ Website (the “Site”).
Important: Like many consumer contracts, this Agreement contains a waiver of class action rights and a consent to binding arbitration. Please read Section 11 to learn more.
You can review the most current version of the Program Terms on this page. You expressly acknowledge and agree that we may change these Program Terms at any time, for any reason. If the changes are material, we will provide you notice of these changes, such as by sending an email, posting a notice on the Site, and updating the “Last Updated” date above, before the changes go into effect. The notice will designate a reasonable period of time (the “Notice Period”) after which the changes will go into effect for all users. If you don’t agree to the new terms, your only recourse is to terminate your participation in the Program within the Notice Period. If you do not terminate your participation in the Program within the Notice Period, your continued participation in the Program and use of the Program Services will be subject to the new Program Terms moving forward.
1.1 The Program. Individuals that livestream (“Stream(s)”) or create and upload video (“Video(s)”) content featuring or related to one or more of Wizards’ Games may apply to participate in the Program, which provides eligible Program Participants with a limited license to access the Program Benefits (defined below).
2. ELIGIBILITY AND COMPLIANCE
2.1. Eligibility. You must be at least 18 years of age to (a) apply to or participate in the Program or (b) access the Program Services. You must be the rightful owner (or have authorized use) of all streaming, channel, and social media accounts associated or identified with your Streams or Videos (“Associated Accounts”). You may not participate in the Program or use any of the Program Services on behalf of a legal entity or for a commercial purpose except as expressly agreed to by Wizards. You (including your Streams and your use of the Program Services) must comply with these Program Terms; the Site’s terms); Wizards Code of Conduct; and all terms and conditions applicable to the Game. You must also meet and maintain any minimum requirements published on the Site for each Game for which you wish to become a Wizards Creator.
2.2. Program Application. To apply to participate in the Program, you must submit a complete and accurate application ( the “Program Application”) as indicated on the Site for each Game for which you wish to become a Wizards Creator. Where applicable by local law, your participation in the Program is subject to a criminal background check; such check shall be at Wizards’ expense. Should you be selected to be part of the Program, we will provide you additional documents for the background check. Once completed, we will evaluate your Program Application and notify you of its acceptance or rejection; your acceptance or rejection is at our sole discretion.
2.3. Compliance Requirements. You will ensure that the information in your Application and otherwise associated with any Program Account, including but not limited to your contact information and identification of your social-media channels, is at all times complete, accurate, and up-to-date. Wizards may require proof of your identity, age, or eligibility at any time to participate or continue to participate in the Program and to use any Program Services. You must promptly provide us with any information that we request to verify your compliance with these Program Terms.
3.1 Term. The term of this Agreement will begin upon Wizards’ acceptance of your Program Application and will end when terminated by either you or us. You expressly acknowledge and agree that your participation in the Program is promotional and voluntary, and may be terminated by you or Wizards for any reason or for no reason, by giving the other party written notice of termination; email sufficient for this purpose. You may end or suspend your participation in the Program at any time by contacting us at support.wizards.com. If your participation in the Program is terminated by you or by Wizards, you will no longer have access to the Program, including any of the associated Program Services, you will not be entitled to any refunds or compensation, and we will have no liability to you whatsoever.
You understand and agree that participating in the Program or using the Program Services comes with the risk that your access may be terminated or suspended and that, whenever you use the Program or Program Services, you’ll bear this risk in mind and always conduct yourself appropriately.
3.2 Re-Application. If we terminate your participation in the Program in connection with any violation or abuse, including, but not limited to any violations of these Program Terms, the Site terms, the terms and conditions of the Game, or the Code of Conduct, you cannot attempt to re-join the Program without our advance written authorization.
4. PROGRAM SERVICES
4.1 Generally. Wizards may, from time to time, provide you with a limited license to access Program Services, which may include but are not limited to accounts, customer and technical support provided by us, official forums, wikis, social-media services, status indicators, points, in-game rewards, promotional redemption codes or keys (“Promotional Redemption Codes”), Promotions (defined below), avatars, events, contests, promotions, message boards, chat functionality, personal web pages or profiles, forums, voice interactive services, and other interactive features or activities in connection with the Program.
4.2 License. You have no ownership interest in the Program Services and Program Services do not constitute your property. You expressly acknowledge and agree that the Program, the Program Services, and your eligibility to participate in the Program have no real-world or cash value. Program Services cannot be redeemed by, or sold or otherwise transferred to, any other person unless expressly indicated by Wizards. Gaming, fraud, abuse or otherwise taking any action that gives an unfair advantage vis-à-vis other Participants in the Program or results in the gaining of Program Services in a manner inconsistent with the Program or these Program Terms will result in forfeiture of Program Services and/or termination of your participation in the Program, in Wizards’ sole discretion.
4.3 Availability. Wizards reserves the right in its sole discretion to modify, terminate, establish, control, and limit the Program Services at any time, without or without notice, in its sole discretion, including, without limitation, the means of accessing Program Services. The Program Services, including Promotional Redemption Codes, have no cash value. We do not make any representation, warranty, or covenant regarding the amount, type, or frequency of access to Program Services you can expect at any time in connection with the Program. You acknowledge and agree that you may not rely upon the continued availability of the Program Services 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 Program Services shall be final and binding.
4.4 Promotions. You may promote, administer, or conduct a promotion (a contest or giveaway) in connection with the Program (a “Creator Promotion”), for example by distributing Promotional Redemption to your Stream or Video viewers. If you choose to conduct a Creator Promotion, you must adhere to the following rules:
(i) You may carry out Creator Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Creator Promotions comply with any and all applicable laws, obligations, and restrictions;
(ii) You will be solely responsible for all aspects of and expenses related to your Creator Promotion, including, without limitation, the execution, administration, and operation of the Creator Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds;
(iii) You will not use Promotional Redemption Codes in unauthorized advertising, marketing, sweepstakes, raffles, or for any commercial purposes.
4.5 Taxes. You understand and agree that you are solely responsible for all taxes, fees or charges levied on the Program Services (without recourse to Wizards) and for the proper filing and reporting of the Program Services on your tax returns or as otherwise required in any relevant country.
4.6 Disclosures. You agree that your Streams, Videos, and Associated Accounts will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s .com Disclosures Guide , the FTC’s Native Advertising Guidelines, any other guidelines issued by the FTC from time to time (“FTC Guidelines”), and foreign equivalents (where applicable). You acknowledge that your use of the Program Services require that you follow the FTC Guidelines’ requirements for disclosing your relationship with Wizards and agree to comply with all FTC Guidelines as well as any policies or instructions from Wizards regarding such disclosures.
5. USER CONTENT
5.1 User Content. As part of your use of the Program Services, you may be able to create, transfer, upload, display, disseminate, promote, distribute, link to, transmit or otherwise communicate (hereinafter, “post”) 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 Site or through the Program Services (collectively, your “User Content”).
5.2 License. By posting any User Content on the Site or through the Program Services, you irrevocably grant Wizards a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license to use, reproduce, modify, adapt, publish, combine, translate, create derivative works from, distribute, perform, display, host, cache, transmit, and store 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, for any purpose including without limitation commercial and promotional purposes without additional compensation or consent. 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. Any User Content you post to the Services will be considered nonconfidential and nonproprietary. . You are solely responsible for the payment of any and all fees to third-parties or performance right organizations such as ASCAP, BMI and/or SESAC.
5.3 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting it. By posting your User Content, you represent, and warrant that:
(a) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein;
(b) your User Content does not and will not (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) defame any other person, or (iii) violate any other law, rule, or regulation;
(c) your User Content does not contain any viruses, adware, spyware, worms, keystroke logger, corrupted data, or other harmful or malicious code that may result in damage to or detrimentally interfere with the Site or Program Services;
(d) your User Content does not violate these Terms, including those additional terms and policies incorporated by reference;
(e) Wizards use of your User Content as permitted under this Agreement does not violate any third party’s intellectual-property rights;
(f) that User Content is the result of productions that are not subject to the jurisdiction of SAG, AFTRA or other acting or entertainment unions or guilds that would impose restrictions on the production or create obligations for residuals or other fees or payments in connection with the use of the User Content, and you agree that you forfeit and waive any right to assert such obligations resulting from guild or union membership during the Term; and
(g) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Wizards or third parties.
Wizards does not have an obligation to delete, screen, or modify any of the User Content posted through the Site and Program Services; 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. Without limiting the foregoing, Wizards may remove any User Content that in the sole judgment of Wizards violates these Program Terms.
5.4 User Content is Posted at Your Own Risk. Wizards uses reasonable security measures to attempt to protect User Content against unauthorized copying and distribution. But Wizards does not guarantee and is not liable for any unauthorized copying, use or distribution of User Content. You hereby release and forever waive any claims you may have against Wizards for any such unauthorized copying or usage of the User Generated Content, under any theory. THE SECURITY MEASURES TO PROTECT CREATOR CONTENT USED BY WIZARDS HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
5.5 Copyright Infringement. We respect the intellectual-property rights of others and expect the participants of our Program to do so as well. 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.
It our policy to remove any content or information from its Sites 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 participation in the Program.
If you believe that any content appearing on our Site infringes 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.)
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 Unsolicited Ideas 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 Unsolicited Ideas 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 set for therein.
6. COMMUNICATIONS AND MONITORING
6.1 Monitoring. Wizards does not, and cannot, pre-screen or monitor all content in connection with the Program. However, its representatives may monitor and record your communications (including, without limitation, forum postings and chat logs) when you are participating in the Program or using the Program Services and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy in playing the Program or using the Program Services. Please take care to not provide any personally identifiable information in chats or forums.
6.2 Disclosure. Wizards also reserves the right, at all times and in its sole discretion, to use or disclose any content or information for any reason including, without limitation: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other agreement; (c) to protect our legal rights and remedies; (d) where someone’s health or safety may be threatened; (e) to report a crime or other offensive behavior; or (f) to investigate breaches of Wizards Code of Conduct (http://company.wizards.com/legal/code-conduct). YOU WAIVE AND HOLD HARMLESS WIZARDS AND ITS PARENT, AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
7. INTELLECTUAL PROPERTY.
7.1 Wizards’ IP. The Site and Program Services (including all Wizards’ generated content residing or accessible thereon) are the sole property of Wizards, and are protected by copyright, trademark, and other intellectual property laws (“Wizards’ Intellectual Property”).
7.2 Your License to Wizards IP. You are granted a limited, revocable, nonsublicensable right to access and use Wizards’ Intellectual Property solely in connection with your personal and non-commercial use of the Program, Program Services, and the Site. 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. From time to time, Wizards may provide you with access and permission to use certain pre-approved images, logos, and other Wizards materials for limited purposes in connection with the Program. Use of that content is permitted pursuant to the these Program Terms and Wizards’ Fan Content Policy.
7.3 Your IP. You will retain all ownership rights in the Streams and Videos you create in connection with the Program. But in consideration for Wizards allowing your participation in the Program, you hereby grant irrevocably grant Wizards and its affiliates, successors, and assigns the fully sublicensable right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose including, without limitation, commercial and promotional purposes without additional compensation or consent, including, without limitation, via web and social media outlets, as well as for any promotion, merchandising, publicity and advertising and/or in connection with any Program content. Wizards will have no obligation to use any Stream or Video for any purpose, and any decision to use or not use a Stream or Video will be in Wizards’ sole discretion. Wizards has no obligation to notify you if it elects to use your Stream or Video in any manner pursuant to the license granted to Wizards herein.
7.4 Wizards’ Promotional Activities. By participating in the Program, you agree that Wizards and our affiliates and service providers may display your username, likeness/avatar, gameplay data and statistics, tournament records and any other information that regarding your gaming activity or participation in the Program. By participating in the Program and using the Program Services, you agree to allow Wizards and our affiliates and service providers to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation or consent.
7.5 Other than as set out expressly in these Program Terms or in those additional terms and conditions and policies referenced herein and/or available by hyperlink, neither party will acquire any right, title or interest in any intellectual-property rights belonging to the other party or to the other party’s licensors.
8.1 Our Representations and Warranties. We warrant that we have the right to enter into this Agreement and to grant you the limited license to participate in the Program and access the Program Services.
8.2 Your Representations and Warranties. You represent and warrant that (a) you have the full power and ability to enter into this Agreement and will follow fully its terms; (b) you have not been previously removed from or prohibited from receiving the Program Services; (c) your participation in the Program and use of Program Services will not violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, industry standards, judgments, decisions, or other requirements of any applicable governmental authority (including all such rules governing communications, advertising, and marketing); (d) your execution of this Agreement, and your performance of your obligations and duties hereunder, do not and will not violate any agreement to which you are a party or by which you are otherwise bound; and (e) the information you provide in connection with the Program is accurate and complete at all times.
You can update your information with us by contacting us at support.wizards.com.
This section may not apply to you in its entirety if you are resident in a country whose laws specifically prohibit the following liability limitations, but it does apply to you to the fullest extent permitted by applicable law. We apologize for the all-caps lawyer yelling—but this stuff is important. Please read it carefully.
9.1 Disclaimer of Warranties:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
(A) THE PROGRAM, PROGRAM SERVICES, SITE, ACCOUNTS, FORUMS, ANY CONTENT OR MATERIALS CONTAINED THEREIN, AND ALL OTHER FEATURES, PRODUCTS, AND DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED;
(B) WIZARDS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS WITH REGARDS TO (A) ABOVE, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, USE, ACCURACY AND NON-INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUTE; (C) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, WIZARDS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIZARDS FOR THE PROGRAM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 9, THE TERM “WIZARDS” INCLUDES WIZARDS’ PARENT, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
9.2 Limitation of Liability.
IN NO EVENT WILL WIZARDS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS), WHETHER IN AN ACTION FOR CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF THESE PROGRAM TERMS, THE USE OF OR INABILITY TO USE THE PROGRAM, PROGRAM SERVICES, GAME, YOUR ACCOUNTS, THE SOFTWARE, OR THIRD PARTY CLAIMS ARISING FROM OR RELATED THERETO, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WIZARDS WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY RESPECTIVE OBLIGATIONS UNDER THIS USER AGREEMENT DUE TO ISP INTERRUPTIONS, SOFTWARE OR HARDWARE FAILURES, DELAYS AND/OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, OR FOR ANY OTHER DAMAGES BEYOND WIZARDS' REASONABLE CONTROL.
YOUR EXCLUSIVE REMEDY AND WIZARDS’ TOTAL AGGREGATE LIABILITY RELATING TO OR ARISING OUT OF THESE PROGRAM TERMS FOR ANY REASON WILL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU UP TO ONE HUNDRED U.S. DOLLARS ($100.00). 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.
More yelling, we know. But this is important too.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD WIZARDS, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, CURRENT AND PAST OFFICERS AND EMPLOYEES HARMLESS FROM ANY ALLEGATION, CLAIM, ACTION, SUIT, DEMAND, OR DAMAGES INCLUDING, WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ASSERTED BY ANY THIRD PARTY ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, USE OF THE PROGRAM SERVICES, THE SITE, OR THE GAME.
11. DISPUTE RESOLUTION
If you have any concerns or issues, we hope we can resolve them quickly and amicably through our customer support (available at support.wizards.com). But we understand that occasionally there may be legal disputes which are not so easily resolved. In this section we explain what happens if there is a legal dispute between you and Wizards regarding these Program Terms, the Program, the Program Services, or the Site.
11.1 Governing Law, Jurisdiction, and Venue. This Agreement, the Program, the Program Services, the Site, and your interactions with Wizards shall be governed by laws of the State of Washington, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within King County, Washington, to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to you. In no event shall any claim, action or proceeding brought by you related to or arising from this Agreement, the Program, and the Program Services, and your interactions with Wizards be instituted more than one (1) year after the cause of action arose.
11.2 Equitable Remedies. You agree that Wizards would be irreparably damaged if these Program Terms were not specifically enforced. Therefore, you agree that Wizards will, in addition to any other remedy it may have under these Program 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 Program Terms including, without limitation, reasonable attorneys’ fees.
11.3 Class Action Waiver. YOU AND WIZARDS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. BOTH YOU AND WIZARDS WAIVE THE RIGHT TO BRING ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR PURCHASES THROUGH THE SERVICES AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION REGARDING ANY SUCH CLAIM BROUGHT BY ANYONE ELSE.
11.4 Consent to Arbitration; Limit to Time to Bring a Claim. In no event shall any claim, action or proceeding by you related to or arising from these Program Terms, the Program, or the Program Services (including your participation, or termination/suspension) be instituted more than one (1) year after the cause of action arose.
To the fullest extent permitted by applicable law: (i) no arbitration will be joined to an arbitration involving any other current or former customer, end user or licensee of Wizards, whether through class arbitration proceedings or otherwise; (ii) 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); (iii) 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). The parties agree to share equally in the arbitration costs incurred. In the event of any dispute in connection with these Program Terms, Program, or the Program Services, the prevailing party in such litigation shall be entitled to recover reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the dispute.
If you access the Site or Program Services from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the Site and Program Services as supplied by Wizards. If the Act applies, then notwithstanding any other provision in these Program 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 Program Terms. Those who choose to access the Site and Program 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 Program 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.
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.
Some clarifying information about arbitration:
Arbitration is an alternative dispute resolution process where both sides present their case to a neutral arbitrator (not by a judge or jury). Arbitration is less formal than court litigation and follows different rules. Arbitration decisions are also subject to a very limited review by courts.
Section 11.4 (Consent to Arbitration) means that both you and we are choosing to have any dispute relating to these Program Terms or the Program Services heard by an arbitration panel and giving up the right to have any dispute between us heard in court before a judge or jury. The Panel will have the power to award any type of legal or equitable relief that would be available in a court of competent jurisdiction (called an “Award”). The Award will be final and binding upon the parties, may be confirmed by a court of competent jurisdiction, and then enforced like any other court order or judgment.
You agree that the provisions in this section will survive any termination of your participation in the Program or use of the Program Services.
12.1. Assignment. This Agreement is personal to you and may not be assigned, by operation of law or otherwise. Any attempt to assign in violation of this section is void in each instance. We may transfer or assign this Agreement in whole or in part to third parties of our choosing.
12.2. Further Assurances. You will take or cause to be taken such further actions, and will execute, deliver and file or cause to be executed, delivered and filed such further documents and instruments, and will obtain such consents, as may be reasonably required or requested by us in order to effectuate fully the purposes, terms and conditions of this Agreement.
12.3. Waiver. The failure of Wizards to insist upon or enforce any of the provisions of these Program Terms, or to exercise any rights or remedies under these Program 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, nor will any delay or omission on our part to exercise or avail itself of any right or remedy that we have or may have hereunder operate as a waiver of any right or remedy; rather, the same will be and remain in full force and effect. No waiver of any term of these Program Terms shall be deemed a further or continuing waiver of such term or any other term.
12.5. Captions and Section Headings. The captions and section and paragraph headings used in this Agreement are inserted for convenience only and will not affect the meaning or interpretation of this Agreement.
12.6. Entire Agreement. This Agreement contains the complete understanding between the parties with respect to their respective subject matter hereof and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to this Agreement made by Wizards following the procedure provided herein.
12.7 Language. The parties hereby declare, and by these presents confirm, their express desire that this contract be written in English. Les parties déclarent qu'elles ont demandé et par les présentes confirment leur desir exprés que cette convention soit rédigee en anglais.
12.8 Trademark and Copyright Notification. Unless otherwise indicated, all trademarks appearing on the Sites and Program 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.
12.9 Relationship of Parties. You expressly acknowledge and agree that by participating in the Program or using the Program Services, you are not an employee or subsidiary of Wizards, but an an independent party and will have sole control over the manner and means of performing your obligations hereunder. Nothing in this agreement shall be construed to create an agency, employment, trust arrangement, partnership, fiduciary, representative, joint venture or any other relationship between you and us. You will not represent yourself to be an employee, representative, or agent, partner, or fiduciary of us. You understand and agree that neither you nor we have any right, power, or authority to create any contract, obligation or incur any liability on behalf of, the other without the prior written consent of the other. The Program Services, including any digital objects redeemed in connection with the Program Services, have no cash value and you have no ownership rights therein. However, should the Program Services be determined to have any value, you are solely liable for local, state, federal and international taxes, including all income tax, attributable to the Program Services. You acknowledge and agree that you are not entitled to social security, unemployment insurance, old age benefits, workers’ compensation insurance, industrial accident insurance, and other wages or taxes of any kind from Wizards.
12.10 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, robot uprisings, riots, police actions, the zombie apocalypse, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.