You Make The Card 2 - Mechanic Submission Agreement

Posted in Feature on March 17, 2003

By Wizards of the Coast

YOU MUST CLICK I DO NOT ACCEPT OR I ACCEPT AT THE BOTTOM OF THIS AGREEMENT TO CONTINUE.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AND IN ITS ENTIRETY BEFORE ACCEPTING THIS AGREEMENT AND USING THIS POLL ON THE Wizards of the Coast, Inc. ("Wizards") SITE.

By clicking on the ACCEPT button at the bottom of this AGREEMENT and/or participating or using this poll on at our site, you signify your agreement to these terms and conditions which govern the Create-A-Card Poll ("Poll"), including without limitation all materials and/or content you provide through your use of the Poll, and by which Wizards offers you access to the Poll.

If you do not agree to the terms and conditions, do not participate or use this on-line poll. The Poll is offered to you conditioned on your acceptance without modification by you of the terms, conditions, and notices contained herein. Wizards may amend these terms and conditions of this Agreement at anytime in its sole discretion. Amendments shall be communicated to you at the time you use the Poll. Your continued use of this Poll after such notification constitutes your agreement to all such amendments.

1. Membership Eligibility and Registration.

This Poll, including any services within, is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Use of this Poll is available only to adults or, in their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the Poll process, in which case they will take full responsibility for all obligations under this Agreement. By clicking the "Accept" button, you represent that you are an adult and are either accepting this Agreement on behalf of yourself or your child. Use of this Poll is free and your acceptance of this Agreement is to verify your consent on behalf of yourself or your child. You are liable for all activities conducted through the use of this Poll, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to use the Poll.

2. Poll Conduct and Use

You agree to be personally responsible for your use of this Poll and conduct yourself in a lawful and respectful manner. You agree to use the Poll only to submit material that is proper and related to the Create A Card process. You accept and agree to the terms of Wizards' Privacy Policy. By way of example, and not as a limitation, you agree that when using the Poll, you will not:

-- Modify the materials in this Poll in any way or manner or reproduce or publicly display, perform, or distribute or otherwise use them for any other public or commercial purpose.

3. General Submissions

Except for Create-A-Card Submissions as set forth in Section 4 below, Wizards does not claim ownership of the any content, messages, information, advice or other materials you provide to Wizards or post, upload, input or submit to this Poll for review by the general public and Wizards (each a "General Submission" and collectively "General Submissions"). Any General Submission to this Poll including without limitation feedback data, questions, comments, suggestions, or the like shall be deemed to be non-confidential and Wizards shall have no obligation of any kind with respect to such material.

By posting, uploading, inputting, providing or submitting your General Submission, though, you are granting Wizards, its affiliated companies and authorized sub licensees the unrestricted, worldwide, royalty-free and irrevocable right to use your General Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, exhibit, create derivative works, reproduce, edit, translate and reformat your General Submission. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by Wizards' Privacy Statement.

No compensation will be paid with respect to the use of your General Submission, as provided herein. Wizards is under no obligation to post or use any Submission you may provide and Wizards may remove any Submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting your General Submission you warrant and represent that you own or otherwise control all of the rights to your General Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the General Submissions.

4. Create-A-Card Submissions

You agree that any content, messages, information, advice or other materials specifically related to the creation of trading card or collectable game cards that you provide to Wizards or post, upload, input or submit to this Poll for review by the general public and Wizards are submitted on a voluntary basis (each a "Create-A-Card Submission" and collectively "Create-A-Card Submissions"). Wizards shall be free to use any ideas, concepts, materials, creative work, know-how or techniques contained in your Create-A-Card Submission (each an "Idea" and collectively "Ideas") for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information and you waive any moral rights you may have in such.

You understand that the Idea and its acceptance by Wizards does not, in whole or in part, establish or create by implication, or otherwise, any relationship between Wizards and you not expressed herein. You further understand and agree that Wizards, may accept or reject such Idea and shall not be obligated to you in any way, with respect to the Idea. Wizards is under no obligation to post any Create-A-Card Submission you may provide and Wizards may remove any Create-A-Card Submission at any time in its sole discretion.

You acknowledge that the Idea may be identical with, similar to the theme, plot, idea, format, or other element of the material that Wizards has independently developed or that has or may come to Wizards from other sources.

You declare and warrant that except to the extent, if any, the Idea incorporates Wizards' existing intellectual property, the Idea is original and contains unique, novel and/or public domain material. You possess all right, title, and interest necessary to transfer ownership of the Idea in its entirety to Wizards.

In consideration of the entertainment and information services provided by this Poll and Wizards' continuing efforts to enhance and improve its products and to respond to feedback from users, you agree to transfer the Ideas Wizards without any compensation. 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 the Ideas.

5. No Unlawful Or Prohibited Use

As a condition of your use of the Poll, you will not use the Poll for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Poll in any manner which could damage, disable, overburden, or impair any Wizards Site or Service (or the network(s) connected to any Wizards Site or Service) or interfere with any other party's use and enjoyment of any Wizards Site or Service. You may not attempt to gain unauthorized access to any Wizards Site or Service, other registrations, accounts, computer systems or networks connected to any Wizards Site or Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the any Wizards Site or Service.

9. Language

It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

10. Termination

This Agreement is effective unless and until terminated by either you or Wizards. You may terminate this Agreement at any time. Wizards may terminate this Agreement at any time and without notice, and accordingly deny you access to this Poll, in Wizards' sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Wizards, you must promptly destroy all materials downloaded or otherwise obtained from this Poll, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

11. General

This agreement is governed by the laws of the State of Washington, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to this Agreement. Use of the Poll is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions of this Agreement. You agree to indemnify and hold Wizards, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct in the Poll. If any part of this 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 agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Wizards Web Site are: Copyright (c) 1998 - 2003 Wizards of the Coast, Inc. All rights reserved.

TRADEMARKS. Wizards of the Coast, Magic, Magic: The Gathering, Create A Card, and/or other Wizards products referenced herein and are registered trademarks of Wizards of the Coast, Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

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