Wizards of the Coast

Applications Terms of Use

These Terms of Use ("TOU") applies to each user ("User") of a software application provided by Wizards of the Coast, Inc. ("Wizards") through a participating social networking website (each such application, the "Application"). The TOU shall commence on the date you add the Application to your account on a participating social networking site. The availability of the Application on a social networking site does not indicate any relationship or affiliation between Wizards and such social networking site. Unless stated otherwise, Wizards may change the TOU at any time without notice. User is responsible for checking the TOU regularly for changes, and his or her continued use of the Application after the "Last Updated" date above indicates User's acceptance of any changes to the TOU.

1. License. Wizards grants User a limited, non-sublicensable, non-transferable, nonexclusive license to use the Application. In downloading and utilizing the Application, User is responsible for ensuring compliance with any applicable terms and conditions of the social networking site through which the Application is made available. As between Wizards and User, title, ownership rights, and intellectual property rights in and to the Application remain with Wizards. User understands that Wizards may modify or discontinue the Application or any of its features at any time in its sole discretion. The TOU does not entitle User to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Application except in Wizards' sole discretion.

2. Privacy. Please refer to our Privacy Statement for information on how Wizards collects, uses and discloses personally identifiable information from User and other users.

3. Limitations. In connection with his or her use of the Application, User will not, and will not allow any third party to:

a. Post or link to any material that violates Wizards' Code of Conduct, as may be updated from time to time;

b. Violate any proprietary rights of any person or entity;

c. Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Application;

d. Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Application or any content contained therein;

e. Use the Application in any manner that could damage, disable, overburden, or impair the Application, Wizards, the applicable social networking site, or any other person or entity; or

f. Collect any information (including usernames and/or email addresses) about other users of the Application; create or transmit unwanted electronic communications to other users of the Application; or otherwise interfere with such users' enjoyment of the Application;

4. 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") through or in connection with an Application, User irrevocably grants 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.

User represents and warrants that: (a) User owns or controls all of the rights to the User Content that User posts or otherwise has the right to post such User Content through or in connection with the Application; (b) User Content is accurate and not misleading, and (c) use and posting of User Content supplied by User does not violate the 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. User agrees to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by User through or in connection with the Application.

User is solely responsible for the User Content that User posts, stores or uploads through or in connection with the Application, including any material or information that User transmits to other users. Wizards does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded through or in connection with the Application; however, Wizards reserves the right to delete, screen or edit any User Content posted, stored or uploaded through or in connection with the Application 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 the TOU, 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 User or any third party, or for any loss or damage thereto.

5. Copyright Policy; Notice and Procedure for Making Claims of Infringement. User 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 User or any other person or entity believes that any content appearing through or in connection with the Application infringes its copyright rights, Wizards wants to know. Please forward the following information in writing to the Legal Department Copyright Agent at the address listed below:

a. Copyright owner's name, address, telephone number, and e-mail address;

b. a description of the allegedly infringed work;

c. the exact URL or a description of each place where alleged infringing material is located;

d. a statement that the claimant has a good faith belief that the disputed use is unauthorized by the owner, its agent, or the law;

e. an electronic or physical signature of an authorized person; and

f. a statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The name and address of agent to receive notification of claimed infringement is:

E-mail: copyrightagent@wizards.com (Only use this email address to report potential copyright infringement claims. All other email messages will be deleted without response.)

6. Limitation on Liability; Disclaimers. THE APPLICATION, INCLUDING ALL CONTENT THEREIN, IS 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 THE APPLICATION, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS 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 WITHIN THE APPLICATION. WIZARDS DOES NOT WARRANT THAT THE APPLICATION OR APPLICATION CONTENT OR THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER (AND NOT WIZARDS) ASSUMES 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, THE APPLICATION, INCLUDING ANY CONTENT THEREIN, EVEN IF WIZARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnity. User will indemnify and hold Wizards, its parent, subsidiary and affiliated entities, and the employees, officers, directors and representatives of each, harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of access to or use of the Application, the violation of the TOU, or the infringement of any intellectual property or other proprietary right (including claims related to defamation, invasion of privacy, or other violation of a person's rights), by User or any third party using User's account. User's obligations under this indemnity may not be offset against any other claim. User is solely responsible for all content User uploads, posts, e-mails, transmits, or otherwise disseminates in using, or in connection with, the Application.

8. Unsolicited Idea Submission Policy. NEITHER WIZARDS NOR ANY OF ITS EMPLOYEES ACCEPTS OR CONSIDERS UNSOLICITED MATERIALS PROVIDED TO WIZARDS REGARDING THE APPLICATION, INCLUDING CONTENT THEREIN, WIZARDS, ANY WEBSITE OPERATED BY WIZARDS, WIZARDS' PRODUCTS AND SERVICES, 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.

9. Links to Other Sites. The Application may contain links to websites operated by or on behalf of Wizards, and User's use of all such websites are subject to the applicable policies of those websites. The Application, including content therein, may contain links to third-party websites. These links are provided as a convenience to User. 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 User to exercise discretion while browsing the Internet. If User decide to access linked third-party websites, User does so at is or her own risk.

10. Feedback. User acknowledges and agrees that any materials including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by User 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 User. User agrees 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 User (such as name, mailing address and e-mail address), the use and disclosure of which is described in Wizards' Privacy Statement. User may contact Wizards with questions or comments regarding this TOU, the Application, or any other matters through www.wizards.com/customerservice.

11. Children and Mature Content. Please be aware that the Application may contain mature content, including content that User finds offensive, indecent or objectionable. By using the Application, User assumes all risk associated with his or her use. We encourage parents to supervise their children's use of the Application and maintain open communication regarding appropriate materials for use and viewing by their children.

12. General.

a. Language; Interpretation. It is the express wish of the parties that the 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 the 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 Application ("Software") may be subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at User's sole risk. User agrees not to upload 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 provision of the TOU, Wizards reserves the right, without notice and in its sole discretion, to terminate User's use of the Application, and to block or prevent User's access to the Application. Upon termination of the 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. The TOU and User's use of the Application shall be governed by laws of the State of Washington, without regard to its conflict of laws principles. User hereby consents 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 the Application, any content contained therein, and/or the TOU. In no event shall any claim, action or proceeding by you related in any way to the Application be instituted more than one (1) year after the cause of action arose.

e. Severability; Waivers. If any provision of the TOU is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from the TOU 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.

© 2008 Wizards of the Coast, Inc. 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.