Magic Online User Agreement

Posted in Magic Online New Players on June 15, 2016

By Wizards of the Coast

MAGIC ONLINE END USER LICENSE AGREEMENT AND SOFTWARE LICENSE

UPDATED JUNE 15, 2016


PLEASE READ THIS END USER LICENSE AGREEMENT AND SOFTWARE LICENSE ("USER AGREEMENT") CAREFULLY AND IN ITS ENTIRETY. THIS USER AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND WIZARDS OF THE COAST LLC ("WIZARDS") AND GOVERNS YOUR USE OF MAGIC ONLINE (THE "GAME"), THE GAME SERVICE, YOUR ACCOUNTS AND THE SOFTWARE (EACH DEFINED BELOW). BY CLICKING "I ACCEPT," YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THIS USER AGREEMENT IN ITS ENTIRETY; (B) AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS USER AGREEMENT DO NOT DOWNLOAD THE SOFTWARE, CREATE AN ACCOUNT OR PLAY THE GAME.

USE OF THE GAME, THE GAME SERVICE, YOUR ACCOUNTS AND SOFTWARE ARE SUBJECT TO THIS USER AGREEMENT, WIZARDS' CODE OF CONDUCT (http://company.wizards.com/legal/code-conduct), THE Magic Online PRIVACY (http://magic.wizards.com/en/articles/archive/magic-online-privacy-policy), AND PAYMENT PAGE (http://magic.wizards.com/en/articles/archive/magic-online-payments), ALL INCORPORATED BY THIS REFERENCE. WIZARDS MAY, AT ANY TIME AND FOR ANY REASON, UPDATE, CHANGE, ADD, REMOVE OR MODIFY (IN WHOLE OR IN PART) THIS USER AGREEMENT, THE CODE OF CONDUCT, THE Magic Online PRIVACY POLICY, THE PAYMENT PAGE, THE GAME, THE GAME SERVICE AND/OR YOUR ACCOUNTS.

FOR GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:

1. Game Description. Magic Online is an online game service ("Game Service") that allows you to play the Game when you: (a) download and install a copy of the Game client from the Wizards' website or a designated partner site ("Download") which includes software and associated media, printed materials and/or electronic documentation; (b) log in to the Game client using your user name and password from your Magic: The Gathering Online account ("MTGO Account") via the Game Service ("Account")(MTGO Account and Account collectively referenced hereafter as your "Accounts"); and (c) utilize any software programs provided to you as an Account holder through the Game Service (together with the Download, hereinafter, "Software").

In the Game, you will receive access to a library of licensed digital objects that depict physical Magic: The Gathering trading cards ("Digital Objects"). By playing the Game, you receive a limited license for the right to use such Digital Objects solely for the purpose of playing the Game.

2. Eligibility.

2.1 General. The Game and Game Service are available only to individuals eighteen (18) years of age and older. If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must complete the registration process, in which case the parent or guardian will take full responsibility for all obligations under this User Agreement. By clicking the "I Accept" button you represent that you are at least eighteen (18) years of age and are either accepting this User Agreement on behalf of yourself or on behalf of your child. Your Accounts are personal to you and may not be transferred, sold or used by anyone else unless you are a parent or guardian, in which case you may permit one child to use the Account instead of yourself. Regardless, you are liable for all activities conducted through your Accounts.

2.2 Tournaments and Events.

(a) Availability and Adjudication. The Game Service may offer many types of events, leagues, tournaments, formats, promotions and game types. However, certain types of events, promotions, leagues, tournaments, formats and game types may not be available in all locations or jurisdictions. By playing the Game or use the Game Service, you acknowledge and agree that Wizards may, in its sole discretion, start, end, modify, or limit any event, league, tournament, format, promotion or game type at any time and for any reason with no liability to you. Additionally, Wizards reserves the right, at its sole discretion, to adjudicate any game, match, tournament or event result. As an example, if a player drops from a match during a tournament, we may award the match win and any accompanying points to the non-dropping player. In addition the terms of the Code of Conduct (http://company.wizards.com/legal/code-conduct), your participation in Magic Online tournaments and events is subject to your compliance with the following:

(i) Bribery Players may neither offer nor accept booster packs, rewards, or any other objects in exchange for modifying the outcome of a game or match. For example, during round two of a three round Swiss event, if player A says to player B "Concede to me for 2 tickets," this is bribery and subject to conduct action. The only exception to this is discussed in "Prize Splitting."

(ii) Prize Splitting In the final round of an event, two players matched against each other may negotiate their match result to split whatever prizes are at stake between them, including (but not limited to) Qualifier Points and invitations. If an event cuts to a Top 8 playoff, the final round is defined as the last round of that playoff. For league events, the final round is defined as a match between players who are both in the last possible match of their current league course. Offering prizes outside those Magic Online would award based on the outcome of that match to the participants is still considered bribery, as is offering a prize split prior to the final round of an event.

All prize splits are done at the players' own risk, and Magic Online will not enforce any agreed-upon splits in any situation.

(iii) Collusion A player or players working together to gain an unfair competitive advantage in an event. An example of collusion includes sharing knowledge of draft picks with other players of an event during the drafting portion of that event.

(b) Eligibility (United States). You must be physically located in a U.S. state in which participation in the tournaments offered through the Game Service is unrestricted by law. Rules governing sweepstakes, contests and tournaments with entry fees or prizes are established by individual states. Based on those laws, residents of the following states may not participate in fee-based tournaments with prizes through the Game Service: Arizona, Arkansas, Connecticut, Delaware, Florida, Iowa, Louisiana, Maryland, Nevada, Tennessee, Texas, Vermont and Washington.

(c) Eligibility (Non-U.S.). You are subject to all laws of the state, province and country in which you reside and from which you access the Game Service and you are solely responsible for obeying those laws. You agree that Wizards cannot be held liable if laws applicable to you restrict or prohibit your participation. Wizards makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on or through the Game Service, nor will any person affiliated with or claiming affiliation with Wizards have authority to make any such representations or warranties.

3. Contests; Promotions; Redemption Codes. The Game and Game Service may allow you to participate in contests, promotions or similar events (including, without limitation, organized play events) that may offer prizes or require you to provide additional information about yourself. Each contest, promotion or other such event may have its own rules, which you must read and agree to before you participate. Additionally, Wizards may distribute promotional codes that may be redeemed by you for licenses to Digital Items ("Promotional Codes", each a "Promotional Code"). Promotional Codes may be valid for a limited time only. Some Promotional Codes may have additional terms and conditions that will govern the use and availability of such Promotional Codes. Promotional Codes are personal to you, are non-transferable, and have a value limited to $0.001 U.S.D. The use of Promotional Codes in unauthorized advertising, marketing, sweepstakes, or for other promotional purposes is strictly prohibited.

4. Streaming. Wizards encourages you and other Magic Online players to stream and share Magic Online gameplay and content. But, you are solely responsible for your own content including obtaining permission from third party intellectual property owners and ensuring the content does not violate the Code of Conduct. All videos and streams must be freely accessible and may not feature or promote competing games or services. Matches may be impacted by live streaming gameplay; if you choose to live stream your play, it is at your own risk.

5. Physical Redemption. The Game Service provides a promotion whereby players can voluntarily terminate a portion of their limited license to use certain Digital Objects for a corresponding set of physical Magic: The Gathering cards ("Physical Redemption"). Physical Redemption is only available in certain markets and may only be available for specific sets as determined by Wizards in its discretion. Available sets may change from time to time and rotate in availability. WIZARDS MAKES NO REPRESENTATION OR WARRANTY THAT A CERTAIN SET WILL BE ELIGIBLE FOR PHYSICAL REDEMPTION OR THAT THE PHYSICAL REDEMPTION PROMOTION WILL AVAILABLE TO YOU. In order to participate in the Physical Redemption program, you must: (a) obtain the right to use all of the Digital Objects in a redeemable set, where such Digital Objects are in your Accounts; (b) request Physical Redemption for such redeemable set during its eligibility period as listed here:http://magic.wizards.com/en/articles/archive/magic-online-redemption-pol... and (c) pay all shipping and handling and other fees assessed by Wizards. The Digital Objects will then be removed from your Accounts and the license granted by Wizards to you for those Digital Objects will terminate and all rights to said Digital Objects will revert to Wizards. Wizards reserves the right to cancel or modify the Physical Redemption program at any time including by limiting the number of sets that can be exchanged, limiting the number of Digital Objects released for use, or charging additional fees for this service. A partial license termination of Digital Objects may only be redeemed for physical Magic: The Gathering Cards in a full set. A "full set" means one of each card from the expansion or base set to which it relates.

6. Fees and Payments. Fees for Game products and billing procedures are detailed on the Payment Page (http://magic.wizards.com/en/articles/archive/magic-online-payments). All fees are non-refundable, unless otherwise expressly stated for the product. Upon your acceptance of this User Agreement, you authorize us to charge your credit card or PayPal account for any applicable fees plus taxes. If your credit card cannot be processed at any time, your Accounts, and this User Agreement, may be immediately terminated. Prices and fees apply to the purchase or redemption of Game products including, without limitation, Digital Objects, booster packs, theme decks, tournament packs, and tournament tickets. Wizards may change its Game products or fees and/or billing procedures upon notice of the changes that will be posted on the Payment Page. The Game may also offer special tournament events with special features of offerings such as using specific Digital Objects or a Promotional Code for a period of time (a "Special Event"). Specific details and terms regarding a Special Event are detailed in applicable point of sale information and are incorporated by this reference. Wizards uses third party payment providers (e.g., PayPal, Chase Paymentech and Digital River) to authenticate payment. When you purchase Game products, you are not interacting with Wizards, but rather our third party partners. Please read the terms and conditions and privacy policies of applicable third party partners to understand their terms and conditions.

You are solely responsible for reviewing the Payment Page to obtain timely notice of such changes as well as any point of sale information for a Special Event; no refunds will be given unless based upon a technical issue inherent in the Game Service or fraud (after a complete review) and only in Wizards sole discretion. If any such change is unacceptable to you, you may terminate your Accounts as provided in Section 15. Your continued use of the Game and Game Service after posting of the changes on the Payment Page will indicate acceptance of such changes. You are fully liable for all charges under your Account including any unauthorized charges. When you pay for any charges by credit card, you represent to Wizards that you are the authorized user of such credit card. You agree to promptly notify Wizards of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Wizards if your credit card expires or is canceled for any reason.

7. Security and Passwords. You are solely responsible and liable for all activity occurring under your Accounts. Remember, Wizards will never ask you for your password; as such you should never disclose your password to anyone. Although Wizards may offer a feature that allows you to "save" or "remember" your password on your hard drive, this feature makes it possible for third parties to access your computer and thus your Accounts. Should you choose to utilize the password memory feature, it is at your own risk. Any attempt to deceive another user for the purposes of illicitly obtaining cards, passwords, account information etc. (aka "scamming") is prohibited and may result in the immediate deactivation of your Accounts.

8. Beta Releases. In the event the Game, the Game Service, your Accounts, the Download, the Software and/or the Forums (or any portions and/or features thereof) are released as "beta" releases, as designated by Wizards (each a "Beta"), this Section 8 applies. You acknowledge and agree that a Beta may contain more or less features than the final release of the same or similar product that Wizards intends to release. While Wizards intends to distribute a final release of a Beta, it reserves the right at any time not to release a final release of a Beta or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. You agree that Beta release versions may not be suitable for production use and may contain errors affecting proper operation and functionality.

9. Licenses. Subject to your compliance with the terms of this User Agreement, Wizards hereby grants you a non-exclusive, non-transferable, non-assignable limited license to use the Game, Software, Game Service, Digital Objects and Game related products or services for your personal use via your Accounts for the sole purpose of playing the Game. This User Agreement includes the right to trade the online Digital Objects you receive as part of the Game. Notwithstanding anything to the contrary contained in this User Agreement, you acknowledge and agree that you currently do not and will not acquire ownership in your Accounts and/or Digital Objects, and you further acknowledge and agree that all rights in and to the same shall forever be owned by and inure to the benefit of Wizards (its successors and assigns).

You grant to Wizards a perpetual, unrestricted and irrevocable right (at no fee) to use, copy, modify, publish, perform, transmit, and display any content you submit via any media to Wizards and waive any moral rights you may have in such content.

10. Restrictions. The Game, Game Service, Software and any Game related products or services are made available solely for use by Accounts holders according to the terms of this User Agreement. Any use, reproduction or redistribution of the Game, Game Service, Software or Game related products or services (including without limitation, Digital Objects) not expressly authorized by this User Agreement is expressly prohibited and may result in severe civil and criminal penalties. You are strictly prohibited from engaging in, or assisting others to engage in, conduct that would damage or impair the property of Wizards including, without limitation, the following: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from the Game, Game Service or Software; (b) modifying, reverse engineering, disassembling or decompiling the Game, Game Service or Software except to the extent that this restriction is expressly prohibited by applicable law; (c) using intellectual property contained in the Game, Game Service or the Software to create derivatives or to provide any other means through which others may play the Game such as through server emulators; (d) taking actions that impose an unreasonable or disproportionately large load on Wizards' network infrastructure or that could damage, disable, overburden, or impair any of Wizards' websites or other services; (e) interfering with any other party's use and enjoyment of the Game, Game Service and/or Software (including cheating, collusion, or exploiting software defects to gain an unfair advantage over other players) and any Wizards' websites or services; (f) attempting to gain unauthorized access to third party Accounts, the Game, the Game Service or Software via any means; (g) misrepresenting the nature of your Account or creating any misrepresentative or misleading in-Game communications (including chat, incident reporting, or trade posts) and (h) violating Wizards Code of Conduct (http://company.wizards.com/legal/code-conduct).

Wizards does not recognize any purported transfers or sales of Digital Objects, event tickets or other virtual assets outside of the Software. Accordingly, you are strictly prohibited from selling, gifting (except as permitted herein) or exchanging Digital Objects, event tickets or other virtual Game items for currency or other value outside of the Game.

Moreover, Wizards does not recognize or sanction player created events in the Game Service and is not liable for any issues that may occur during such an event including, without limitation, entry requirements, match disputes and arbitration, or prize fulfillment.

IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES AVAILABLE TO WIZARDS, IF WIZARDS BELIEVES YOU HAVE, OR WILL ENGAGE IN ANY OF THE ABOVE CONDUCT IN THIS SECTION 10, IT MAY, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, TERMINATE YOUR ACCESS TO THE GAME AND GAME SERVICES, AND SUSPEND OR DEACTIVATE YOUR ACCOUNTS WITH NO LIABILITY TO IT RELATING THERETO.

11. Intellectual Property Rights. Wizards owns all right, title and interest in and to the Game, Game Service, Software, and Game related products or services (including, without limitation, all Digital Objects), and all aspects thereof (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, audio-visual effects, methods of operation, moral rights, any related documentation, storylines, character likeness and "applets"), as well as all related and underlying intellectual property including all trademarks and copyrights.

Your Accounts and your use of the Game and Game Service do not grant you any ownership interest in and to the same. The Game, Game Service, Software, Digital Objects and Game related products or services (including all underlying intellectual property), are protected by the laws of the United States and international treaties, conventions and other laws. All rights are reserved. Neither this User Agreement nor your Account entitles you to any subsequent releases of the Software, or to any Game products including, without limitation, online trading cards, booster packs, theme decks, tournament packs and tournament tickets. From time to time, Wizards may release such Game products, which may be obtained for a separate fee. Wizards may update or otherwise enhance the Software at any time and in doing so incurs no obligation to furnish such updates to you pursuant to this User Agreement.

12. Privacy. You accept and agree to the Magic Online Privacy Policy as found here http://magic.wizards.com/en/articles/archive/magic-online-privacy-policy.

Wizards reserves the right at all times to disclose any information as Wizards deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wizards' sole discretion.

13. Automatic Game Communications and Monitoring. Playing the Game requires an Internet connection to Wizards' servers via the Game Service. As part of playing the Game and using the Game Service, you hereby explicitly consent to the extraction of hardware system profile data, internet connection data and any other data related to the operation of the Game, Game Service and Software through the Game Service from any computer that logs on to the Game Service using your Account. Wizards may automatically deploy or provide patches, updates and modifications to the Game that must be installed to continue to play the Game. Wizards may update the Game remotely including, without limitation, the Game client residing on your machine, without your knowledge. You hereby expressly grant to Wizards your consent to deploy and apply such patches, updates and modifications to the Game.

Additionally, Wizards does not, and cannot, pre-screen or monitor all content on the Game Service. However, its representatives may monitor and record your communications (including, without limitation, forum postings and chat logs) when you are playing the Game or using the Game Service 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 Game or using the Game Service. Furthermore, 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 User 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). Please take care to not provide any personally identifiable information in chats or forums.

14. Feedback. Wizards' does not accept unsolicited suggestions, comments or feedback regarding its products and other offerings ("Feedback"). In the event you provide Feedback, such Feedback with be treated by Wizards in accordance with its Unsolicited Idea Submission and Feedback polices further described in Sections 11 and 12 of Wizards' Terms of Use (http://company.wizards.com/legal/terms-use), incorporated by this reference.

15. Term and Termination. This User Agreement is effective unless and until terminated by either you or Wizards. You may terminate this User Agreement at any time by providing Wizards with written notification. Wizards may, at any time, for any reason and in its sole discretion, terminate this User Agreement, deactivate your Accounts, or discontinue the Game Service with or without notice to you and with no liability to you. In addition, Wizards, at its sole discretion, may immediately terminate this User Agreement and deny you access to the Game, the Game Service, and your Accounts at any time without notice if: (a) you breach any provision of this User Agreement; (b) you infringe any third party intellectual property rights; (c) Wizards is unable to verify or authenticate any information you provide to Wizards; (d) upon gameplay, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Game or Game Service as set forth in the Code of Conduct (http://company.wizards.com/legal/code-conduct); (e) failing to promptly pay amounts due Wizards pursuant to Section 6 of this User Agreement; or (f) you violate the Magic Online Privacy Policy (http://magic.wizards.com/en/articles/archive/magic-online-privacy-policy). Upon termination of the User Agreement, for any reason or no reason whatsoever, by either you or Wizards: (w) you will immediately discontinue use of the Game, the Game Service, and your Accounts; (x) all license and rights granted to you under this User Agreement will immediately terminate; (y) you will promptly delete all copies of the Software; and (z) will immediately forfeit the right to use all your Digital Objects. Any fees associated with your use of the Game and the Game Service are payable in advance and not refundable in whole or in part. Your obligation to pay accrued charges and fees will survive any termination of the User Agreement.

Sections 3, 4, 5, 6, 7, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 will survive termination for any reason.

16. Disclaimer of Warranties. THE GAME, GAME SERVICE, YOUR ACCOUNTS, THE DOWNLOAD, THE SOFTWARE, AND THE FORUMS ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIZARDS HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS WITH REGARDS TO THE SAME AND ANY AND ALL OTHER SERVICES RELATED THERETO INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, USE, ACCURACY AND ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE. FURTHER, WIZARDS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE GAME, GAME SERVICE, YOUR ACCOUNTS, THE DOWNLOAD, THE SOFTWARE, AND/OR THE FORUMS WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE OR SYSTEM.

FOR YOUR CONVENIENCE, WIZARDS MAY MAKE AVAILABLE AS PART OF THE GAME, GAME SERVICE, YOUR ACCOUNTS, THE DOWNLOAD, THE SOFTWARE, AND/OR THE FORUMS, CERTAIN TOOLS AND UTILITIES. WIZARDS DOES NOT MAKE ANY WARRANTIES, ASSURANCES OR REPRESENTATIONS WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS AND UTILITIES. YOU AGREE TO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING ANY SUCH TOOLS AND UTILITIES.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.

17. Limitation of Liability; Indemnification. IN NO EVENT WILL WIZARDS, ITS PARENT AND/OR AFFILIATES, 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 THIS USER AGREEMENT, THE USE OF OR INABILITY TO USE THE GAME, GAME SERVICE, 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' (INCLUDING ITS PARENT AND/OR AFFILIATES) TOTAL AGGREGATE LIABILITY RELATING TO OR ARISING OUT OF THE USER AGREEMENT FOR ANY REASON WILL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU UP TO FIFTEEN U.S. DOLLARS ($15.00). 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. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD WIZARDS, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, CURRENT AND PAST OFFICERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, ACTION, SUIT, DEMAND, OR DAMAGES INCLUDING, WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ASSERTED BY ANY THIRD PARTY ARISING IN CONNECTION WITH THE USE OF YOUR ACCOUNTS, THE GAME, GAME SERVICE, SOFTWARE OR THE FORUMS.

18. Equitable Remedies. You hereby agree that Wizards would be irreparably damaged if the terms of this User Agreement were not specifically enforced. Therefore, you agree that Wizards will, in addition to any other remedy it may have under this User Agreement, at law or in equity, be entitled without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this User Agreement.

19. Modification. This User Agreement may be amended, altered or modified only by an instrument in writing, executed by both parties; provided, however, that Wizards may, at its sole discretion, change, modify, add to, supplement or delete any of the terms and conditions of this User Agreement at any time effective upon prior notice. If any future changes to this User Agreement are unacceptable to you or cause you to no longer be in compliance with this User Agreement, you must terminate this User Agreement pursuant to Section 15. The continued use of the Game by you following notice of changes to this User Agreement will mean you accept any and all such changes. Wizards may change, modify, suspend, or discontinue any aspect of the Game at any time. Wizards may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature, content or availability of the Game.

20. No Assignment. This User Agreement is personal to you, and may not be assigned. Wizards may transfer or assign this User Agreement, the Game, Game Service Your Account, or the Software, in whole or in part, to third parties of its choosing.

21. U.S. Government Restricted Rights and Export Restrictions. The Download, the Software, the Game Service, and the Game are provided with RESTRICTED RIGHTS. Use, duplication or disclosure is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software--Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. Manufacturer is Wizards of the Coast LLC, PO Box 707, Renton, Washington 98057. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the Download, the Software, the Game Service, and the Game or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Download, the Software, the Game Service, or the Game you are agreeing to the foregoing and are representing and warranting that: (x) no U.S. federal agency has suspended, revoked, or denied you export privileges; (y) you are not located in or under the control of a national or resident of any such country or on any such list; and (z) you will not export or re-export the Download, the Software, the Game Service, and the Game to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.

22. 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.

23. Governing Law; Venue and Jurisdiction; Time Limit to Bring Claims. This User Agreement, the Code of Conduct, the Magic Online Privacy Policy, the Game, Downloads, Accounts, the Game Service 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. In no event shall any claim, action or proceeding brought by you related to or arising from this User Agreement, the Code of Conduct, the Magic Online Privacy Policy, the Game, Downloads, Accounts, the Game Service and your interactions with Wizards be instituted more than one (1) year after the cause of action arose. You agree that the exclusive jurisdiction for any dispute, claim, or demand brought by you will be decided by binding arbitration and shall be submitted to Judicial Arbitration and Mediation Services, Inc. ("JAMS") under its rules then in effect in the Seattle, Washington area and to be conducted in Seattle, Washington for residents of North and South America, Japan, and residents of Asia, and London for residents of Europe and Africa, before one arbitrator to be mutually agreed upon by both parties. 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 any litigation is brought by either party in connection with this User Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

If you access the Game or Game Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply. If the Act applies, then notwithstanding any other provision in this Agreement, 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 Agreement. Those who choose to access the Game and Game Service 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, this User Agreement 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.

24. General. This User Agreement, together with its incorporated references, constitutes the complete and final agreement between you and Wizards with respect to its subject matter. Use of the Game or Game Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions of this User Agreement. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement will continue in effect. A printed version of this User Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any and all terms and conditions of this User Agreement which should by their nature survive termination of this User Agreement will survive the termination of this User Agreement.

COPYRIGHT AND TRADEMARK NOTICES The Software, the Game Service, Game products, the Game, artwork, cards, and characters and creatures' distinctive likenesses are the copyrights of Wizards of the Coast LLC. Wizards of the Coast, Magic: The Gathering, Magic: The Gathering Online, Magic Online, Magic, the Wizards of the Coast logo, the Magic: The Gathering logo, the Mana and Tap symbols, the expansion names and symbols, the play level symbols, the Game's trade dress or "look and feel" and the Pentagon of Colors are trademarks owned by Wizards in the U.S.A. and other countries. Any rights not expressly granted herein are reserved to Wizards.

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