|I.||Website User Terms|
Last Updated: August 24, 2009
Unless stated otherwise, Wizards may change the TOU at any time and the changes will become effective thirty (30) days after posting the revised TOU (the “Effective Date”), however Wizards reserves the right to change the TOU effective immediately upon posting the revised TOU in the event Wizards determines it reasonably necessary for such change to be effective without delay. You are responsible for checking the TOU regularly for changes and your continued use of a Site after the Effective Date indicates your acceptance of any changes to the TOU.
1. User Content
By posting or submitting any text, images, designs, video, sound, code, data, lists, or other materials or information (such User-submitted content, collectively, "User Content") to or through a Site, including without limitation on any User profile page, you hereby irrevocably grant to Wizards, its affiliates and sublicensees, a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You represent and warrant that: (i) 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 Site, (ii) the User Content is accurate and not misleading, and (iii) use and posting of the User Content you supply does not violate these TOU and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Site.
You are solely responsible for the User Content that you post, store or upload on or through the Site, including any material or information that you transmit to other Users. Wizards does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded on or through the Site, however Wizards reserves the right to delete, screen or edit any User Content posted, stored or uploaded on the Site at any time and for any reason without notice. Without limiting the foregoing, Wizards may remove any User Content that in the sole judgment of Wizards violates these TOU or any Guidelines, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Wizards does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
2. Intellectual Property Ownership; Rights Granted to You
The text, images, designs, logos, video, sound, code, data, and other materials and information, as well as the selection and arrangement thereof, available through the Site (collectively, "Site Content") are the proprietary property of Wizards or its licensors or other Users, and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-sublicenseable license to access and use the Site and electronically copy (except where specified as prohibited) and print to hard copy portions of Site Content for your personal, noncommercial use only; provided, that you preserve any copyright, trademark or other similar notices contained in or associated with such Site Content. Such license is subject to these TOU and does not include: (i) any resale or commercial use of the Site or any Site Content therein; (ii) the collection and use of any product or service listings, pictures or descriptions; (iii) the distribution (electronic or otherwise), public performance, or public display of any Site Content; (iv) modifying or otherwise making any derivative uses of the Site and Site Content, or any portion thereof; (v) use of any data mining, robots or similar data gathering or extraction methods; (vi) downloading (other than the page caching) of any portion of the Site, any Site Content or any information contained therein, except as expressly permitted on the Site; or (vii) any use of the Site or Site Content other than for its intended purpose. Any use of the Site or Site Content other than as specifically authorized herein, without the prior written permission of Wizards, is strictly prohibited and will terminate the license granted herein. This license is revocable at any time.
Notwithstanding the foregoing, Wizards' Fan Website Policy provides you with access and permission to use certain pre-approved images, logos, and other Wizards' materials for limited purposes. Use of that content is permitted pursuant to the terms and conditions of the Fan Website Policy as well as all of ther other TOU set forth herein.
3. Limits on Use of the Site
You agree not to engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Site (including without limitation any User data, including any Member registration information, whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the Site, or breach the security or authentication measures on the Site; (iii) reverse look-up, trace or seek to trace any information on any Member or other User of the Site, including information on any Member account other than your own, to its source, or exploit the Site in any way with a purpose of revealing any information, including but not limited to personal identification or information, other than your own information; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Site or with any other person's use of the Site; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Site; (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity; (viii) use the Site in an illegal manner or for any unlawful purpose; or (ix) violate any applicable Guidelines, including without limitation any Code of Conduct or the Fan Website Policy.
4. Privacy Notice and Your Profile Please refer to our Privacy Statement for information on how Wizards collects, uses and discloses personally identifiable information from you and other Users.
The information in your Profile, including any information or content you voluntarily add to your Profile such as first and last name and images you upload, will be made public by default and will not be subject to our Privacy Statement, unless you set your Profile to “Private”. To change your Profile privacy settings, go to your Profile page and click on “Profile” in the left navigation menu. Then click “Privacy Settings”. In this section, you may also change your Profile information, who can view your page and activity, and who can contact you on the Site, as well as control how we communicate with you.
Your Profile will be searchable by screen name, full name, city, state/province, country, age, and postal code. You can change this by selecting “Exclude me from search results” in Privacy Settings. Please note: The photo you selected (you are not required to upload a personal photo) as your avatar and your screen name will always display on your page, posts, and in search results.
If you choose to populate your Profile with your full name, your full name will display on your Profile unless you set your Profile to private as described above. Information and content you choose to make public either through your Profile, or by posting on the Site, are not subject to our Privacy Statement.
5. Links to Other Site
The Site may contain links to third-party websites. These links are provided as a convenience to you. Wizards does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. Wizards encourages you to exercise discretion while browsing the Internet and the Site. If you decide to access linked third-party websites, you do so at your own risk.
6. Disclaimers; Limitation on Liability
Because of the variety of possible sources of Site Content, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, or inaccuracies in such Site Content. Moreover, Site Content may include facts, views, opinions, and recommendations of individuals and entities other than Wizards. Wizards does not endorse, assert, or guarantee the truthfulness or reliability of any such facts, views, opinions, or recommendations, nor any statements made by third parties, including, without limitation, information contained in the public postings areas of the Site and information provided or statements made by celebrity, "expert," or similar guests on the Site.
THE SITE AND SITE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WIZARDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SITE AND SITE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WIZARDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WIZARDS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE SITE OR IN THE SITE CONTENT. WIZARDS DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE CONTENT, THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WIZARDS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WIZARDS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, A SITE OR ANY SITE CONTENT (INCLUDING ANY DOWNLOADED MATERIALS), EVEN IF WIZARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WIZARDS’ TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO WIZARDS, IF ANY, FOR PRODUCTS OR SERVICES IN CONNECTION WITH THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend at your cost and hold harmless Wizards, its affiliates, subsidiaries, parent companies, and contractors, and each of their current and former officers, directors, employees, agents, licensors, licensees and representatives (collectively, the "Indemnified Parties"), from and against any losses, liabilities, expenses, claims, damages and costs of any nature, including reasonable attorneys' fees, arising out of or relating to any User Content you post, store or otherwise transmit on or through the Site or your use or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties arising out of or relating to your User Content, your conduct, your violation of these TOU, or your violation of the rights of any third party.
8. Unsolicited Idea Submission Policy
NEITHER WIZARDS NOR ANY OF ITS EMPLOYEES ACCEPTS OR CONSIDERS UNSOLICITED MATERIALS PROVIDED TO WIZARDS REGARDING THE SITE, 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"). SOME EXAMPLES INCLUDE IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY SUBMISSIONS TO WIZARDS OR ANYONE AT WIZARDS. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR SUBMISSIONS, YOU STILL SEND THEM, WIZARDS MAY NOT TREAT YOUR SUBMISSIONS AS CONFIDENTIAL OR PROPRIETARY AND MAY DISCLOSE YOUR SUBMISSIONS TO ANY OTHER PERSON OR ENTITY, WHETHER PUBLICLY OR PRIVATELY. WITH RESPECT TO ANY SUCH SUBMISSIONS YOU PROVIDE THAT WIZARDS ACCEPTS INADVERTENTLY OR OTHERWISE CONTRARY TO THE ABOVE POLICY, YOU HEREBY GRANT AN IRREVOCABLE, NONEXCLUSIVE, PERPETUAL, WORLDWIDE, ROYALTY-FREE AND FULLY SUBLICENSABLE LICENSE TO USE, PRACTICE, MAKE, HAVE MADE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM, AND DISPLAY YOUR SUBMISSIONS AND THE INVENTIONS EMBODIED THEREIN FOR ANY COMMERCIAL OR OTHER PURPOSE, WITHOUT ACKNOWLEDGMENT OR COMPENSATION TO YOU.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to Wizards in response to a request for such materials ("Feedback") are non-confidential and shall become the sole property of Wizards. Wizards shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any and all documents that Wizards may reasonably request in connection with confirming Wizards' ownership of and unlimited right to use such Feedback. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use and disclosure of which is described in Wizards' Privacy Statement.
10. Children and Mature Content
Please be aware that certain areas on the Site contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Site Content that you find offensive, indecent or objectionable. By using the Site you assume all risk associated with its use. We encourage parents to supervise their children’s use of the Site and maintain open communication regarding appropriate materials for use and viewing by their children.
11. Copyright Policy; Notice and Procedure for Making Claims of Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Wizards to terminate privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to Wizards by the copyright owner or the copyright owner's legal agent.
If you believe that any content appearing on these Site infringes your copyright rights, Wizards wants to hear from you. Please forward the following information in writing to the Legal Department Copyright Agent at the address listed below:
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) 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;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Name and address of agent to receive notification of claimed infringement:
Copyright Agent Facsimile: (425) 204-7689
c/o Legal Department
Wizards of the Coast LLC
1600 Lind Ave. SW, Suite 400
Renton, WA 98057
E-mail: email@example.com (Only use this email address to report potential copyright infringement claims. All other email messages will be deleted without response.)
a. Language; Interpretation
It is the express wish of the parties that these TOU and all related documents have been drawn up in English. C’est la volonte expresse des parties que la presente convention ainsi que les documents qui s’y rattachent soient rediges en anglais. The headings of sections, paragraphs and subparagraphs of these TOU are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections, paragraphs or subparagraphs.
b. U.S. Export Controls
Software available in connection with the Site (the “Software”) may be subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You further agree not to upload to any Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
c. Termination; Survival
Notwithstanding any of these TOU, Wizards reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site. Upon termination of these TOU for any reason, Sections 6 (Disclaimers; Limitation on Liability), 7 (Indemnity) and 12 (General), together with any licenses granted to Wizards hereunder, will survive.
d. Governing Law; Venue and Jurisdiction; Time Limit to Bring Claims
These TOU and your use of the Site shall be governed by laws of the State of Washington, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within King County, Washington, for any claims arising out of or relating to your use of the Site, the materials on this Site, and/or these TOU. In no event shall any claim, action or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than one (1) year after the cause of action arose.
e. Severability; Waivers
If any provision of these TOU is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of Wizards to insist upon or enforce any of the provisions of these TOU, or to exercise any rights or remedies under these TOU, will not be construed as a waiver of Wizards' right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term.
©1999-2009 Wizards of the Coast LLC All rights reserved. ® and TM denote trademarks owned by Wizards and/or its parents, subsidiaries, affiliates, licensors, licensees, or other companies. Any use by Wizards of another’s trademarks does not imply objection to such party’s intellectual property rights.