MAGIC: THE GATHERING ARENA USER AGREEMENT
MAGIC: THE GATHERING ARENA USER AGREEMENT AND SOFTWARE LICENSE ("AGREEMENT")
Updated September 7, 2017
Thank you for your interest in Wizards of the Coast LLC’s (“Wizards”) Magic: The Gathering Arena (“Game”). This Agreement is a legal contract between you and Wizards that governs your use of the Game, the Game Service, your Accounts, and the Software (each defined below).
YOU SHOULD CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY BEFORE INSTALLING OR USING THE GAME. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE GAME.
To confirm your understanding and acceptance of the Agreement, click “I Accept.” By clicking “I Accept,” you (A) acknowledge that you have read this Agreement in its entirety; (B) agree to be bound by its terms and conditions; and (C) are authorized to and able to accept this license.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT DOWNLOAD THE SOFTWARE, CREATE AN ACCOUNT OR USE THE GAME.
FOR GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
1. INTRODUCTION TO THE GAME
1.1. Game Description. Magic: The Gathering Arena 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 Arena account ("MTG Arena Account") via the Game Service ("Account") (MTG Arena 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").
1.2 Digital Objects. 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. USING THE GAME
2.1 Account Eligibility. You need to register, or have previously registered, a MTG Arena Account to play the Game. You may create a MTG Arena Account only if (i) you are a “natural person” (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish a MTG Arena Account); (ii) thirteen (13) years of age and older; and (iii) you are not an individual specifically prohibited by Wizards from using the Game.
2.2 Minors. 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 License. By clicking the "I Accept" button and providing Wizards with a credit card number when you register, you represent that you are at least eighteen (18) years of age and are either accepting this License on behalf of yourself or on behalf of your child.
2.4 Account Transfer. Your Accounts are personal to you and may not be transferred, sold, or used by anyone else. Subject to the laws of your country or residence, one (1) minor child or legal ward (collectively, “Child”) may utilize a MTG Arena Account established by the child’s parent or guardian. If you permit your Child to use a MTG Arena Account, you agree to this Agreement on behalf of yourself and your Child and agree that you will be responsible for all uses of the Account by your Child, regardless of whether such uses were authorized by you.
2.5. 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.
2.6. Game and Forum Conduct and Use. You are personally responsible for your use of the Game. Your use of the Game Service to interact with Wizards and other players is governed by Wizards Code of Conduct (http://company.wizards.com/conduct) and applicable in-game policies (the “In-Game Policies”). The Code of Conduct and In-Game Polices are not exhaustive.
2.6.1 Forum Content. You acknowledge that the Game Service is a passive conduit for user content and that Wizards does not pre-screen such user content or communications over the Game Service. Wizards does not endorse, and specifically disclaims any responsibility or liability for any content in the Forums. In addition, Wizards, in its sole discretion, reserves the right to: (a) terminate your access to any Forum at any time, without notice, for any reason whatsoever; and (b) delete, move or edit content, in whole or in part, submitted to the Forums if it deems the content to be: (i) abusive, defamatory, threatening, obscene; (ii) violating the intellectual property, privacy, or other proprietary rights of any third party; (iii) in violation of this License; (iv) or for any other reason. You agree to use the Forums only to post, send and receive messages and material that are proper and related to the subject matter of the Forums, comply with applicable laws, and conform to any additional terms and conditions posted in the Forums.
2.6.2 Forum Monitoring. Wizards will have the right to monitor and/or record your communications when you use the Game Service, and you acknowledge and agree that when you use the Game Service, you have no expectation that your communications will be private. Wizards will have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce this Agreement or any other Wizards policy; (c) to protect Wizards’ legal rights and remedies; (d) to protect the health or safety of anyone that Wizard believes may be threatened; or (e) to report a crime or other offensive behavior.
2.6.3 Copyright Infringements. If you believe that any content appearing on the Game, Game Service, or Forums infringe 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: email@example.com (Only use this email address to report potential copyright and trademark infringement claims. All other email messages will be deleted without response.)
2.7 Account Suspension/Deletion. WIZARDS MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNTS AT ANY TIME, FOR ANY RESON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Most Account suspensions, terminations, or deletions are due to violations of this Agreement or the Code of Conduct; but Wizards will make this call in its sole discretion.
3.1 Limited License. If you accept and comply with the terms of this Agreement, Wizards will grant you a limited, revocable, nontransferable, nonassignable, and non-exclusive 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 (the “License”). Notwithstanding anything to the contrary contained in this License, 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).
3.2 Ownership. Wizards or its licensors 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. The Game and the Game Service are protected by United States law and international treaties, conventions and other laws, and may contain certain licensed materials in which Wizards’ licensors may enforce their rights in the event this Agreement is violated.
3.3 No Ownership Rights in Account. You acknowledge and agree that your Accounts and your use of the Game and Game Service do not grant you any ownership or other property interest in and to the Game, Game Service, Software, Digital Objects, or Game-related products or services. You further acknowledge and agree that you have no ownership or other property interest in any account stored or hosted on a Wizards system, including without limitation any MTG Arena Account.
3.4 No Selling Accounts or Virtual Items. Wizards does not recognize any purported transfers or sales of Digital Objects, Accounts, event tickets, or other virtual Game items for currency or other value outside of the Game. Any such attempt shall be null and void. Accordingly, you are strictly prohibited from selling, gifting (except as permitted herein) or exchanging Digital Objects,
3.5 Subsequent Releases. Neither this 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 Agreement.
4. USER CREATED OR UPLOADED CONTENT
4.1 User Generated Content. The Game Service may provide you an opportunity to upload and display content on the Platform, such as on Wizards’ Forums, and/or as part of a Game, including the compilation, arrangement, or display of such content (collectively, the “User Content”). You hereby waive any moral rights in User Content and grant Wizards a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. Wizards shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Wizards’ 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.
6. GAME FEATURES
6.1 Automatic Game Communication Features. 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.
6.2 Tournaments and Events. The Game Service may offer many types of events, leagues, tournaments, formats, promotions and game types.
6.2.1 Availability and Adjudication. 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 or for no reason with no liability to you. 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 to the terms of the Code of Conduct (http://company.wizards.com/legal/code-conduct), your participation in Magic: The Gathering Arena tournaments and events is subject to your compliance with the following:
a) 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."
b) 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: The Gathering Arena 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: The Gathering Arena will not enforce any agreed-upon splits in any situation.
c) 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.
6.2.2 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.
6.2.3 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.
6.3 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.
6.4 Streaming. Wizards encourages you and otherMagic: The Gather Arena players to stream and shareMagic: The Gather Arena 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 accessible for free 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.
6.5 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 applies.
6.5.1 Beta Eligibility. To be eligible to participate in a Beta Test, you must meet the following requirements: Wizards must designate you to participate in a Beta Test (a “Beta Tester”):
a) Your Beta Test Account must be in good standing;
b) You agree to allow Wizards to obtain hardware and software information from the computer system that you will use to take part in the Beta Test (the “Beta Test Computer”) to determine if you are eligible to participate in the Beta Test; and
c) The Beta Test Computer must meet the specifications that Wizards determines are required for the Beta Test;
d) You agree to adhere to the Beta Confidentiality Requirements (defined below).
6.5.2 Beta Confidentiality. If Wizards classifies a Beta Test as confidential, you will receive notice that the Beta Test is confidential in the Beta Test invitation. During a confidential Beta Test, the existence of the Beta Test, your role as a tester, and all information related to the Beta Test are to be kept confidential. You agree to keep everything related to the Beta Test secret from everyone except Wizards who until Wizards informs you that the Beta Test is no longer confidential.
6.5.3 Real-Money Transactions in Beta Tests. From time to time, Beta Tests may have features that allow you to purchase licenses to use in-game digital items or services. IF YOU PURCHASE A LICENSE TO USE A DIGITAL ITEM OR SERVICE DURING A BETA TEST, ITEMS OR SERVICES PURCHASED MAY NOT TRANSITION INTO THE FINAL RELEASE VERSION OF THE GAME. WIZARDS WILL NOT PROVIDE YOU WITH A REFUND FOR ANY PURCHASES MADE DURING A BETA TEST. If items or services purchased during a Beta Test do not transition to the final release version of the Game, Wizards will provide you with information that explains what, if any, credit for digital items you would receive for your purchase of digital goods or services for real money during a Beta Test once the Beta Test has concluded.
6.5.4 Feedback. You may be given the opportunity to provide Wizards feedback during and after the Beta Test via bug reports, forums, and other methods. The Game may also include a tool that will allow your computer system to forward system and driver information to Wizards in the event of a crash. This tool will collect data from your computer system related to the crash, and allow you to forward a report to Wizards via e-mail.
6.5.5 Beta Features. 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 that may cause loss of data or damage to your computer. Wizards is not liable in any way for any data loss or damage to the Beta Test Computer, interruptions of service, software or hardware failures, data loss or disruption of service.
6.5.6 Acknowledgement. You acknowledge and agree that:
a) Wizards may monitor and record any and all communications in the Beta Test including, without limitation, email, in-game chat, forum postings, etc.;
b) Wizards may delete or modify any information stored by the Game Service or the Game for any reason at any time during the duration of the Beta Test;
c) Wizards may transfer software program files to the Beta Test System, including a program that will collect and send Wizards CPU, RAM, operating system, video card, and sound card information from the Beta Test System;
d) You may not sell, trade, transfer, or commercially exploit access to a Beta, including the distribution of Beta keys, without Wizards’ express authorization; and
e) When participating in a Beta Test, the terms of this Section will supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this Section
6.5.7 Termination. Wizards may terminate the Beta Test at any time, for any reason or for no reason. If Wizards terminates a Beta Test, you must delete the pre-release version of the Game and all materials you received from Wizards in connection with the Beta Test. Wizards may require you to remove any elements of the Beta from any hard drives of any devices on which the pre-release version of the Game has been installed. You agree and acknowledge that Wizards termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, licenses to in-game digital items.
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.
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, 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.
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.
Forums and email submissions over the Internet may not be secure. Please consider this fact prior to emailing any personal or confidential information.
9. TERM AND TERMINATION
This License is effective unless and until terminated by either you or Wizards. You may terminate this License at any time by providing Wizards with written notification. Wizards may, at any time, for any reason and in its sole discretion, terminate this License, deactivate your Accounts, and/or discontinue the Game Service with or without notice to you. In addition, Wizards, at its sole discretion, may immediately terminate this License 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 License;
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/conduct);
Upon termination of the License, 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 Account (and/or MTGO Account if applicable); (x) all license and rights granted to you under this License 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.
10. 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 TO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
11. 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 LICENSE, 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 LICENSE 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 LICENSE 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.
12. EQUITABLE REMEDIES.
You hereby agree that Wizards would be irreparably damaged if the terms of this License were not specifically enforced. Therefore, you agree that Wizards will, in addition to any other remedy it may have under this License, 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 License.
This License 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 License at any time effective upon prior notice. If any future changes to this License are unacceptable to you or cause you to no longer be in compliance with this License, you must terminate this License. The continued use of the Game by you following notice of changes to this License 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.
14. NO ASSIGNMENT
This License is personal to you, and may not be assigned. Wizards may transfer or assign this License, the Game, Game Service and/or Software, and its conditions and obligations, in whole or in part, to third parties of its choosing.
15. 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.
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.
17. GOVERNING LAW; VENUE AND JURISDICTION; TIME TO BRING CLAIMS
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.
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:
All contents of any Wizards' website, the Software, the Game Service, Game products, and the Game are the copyrights of Wizards of the Coast LLC. Wizards of the Coast, Magic: The Gathering, Magic: The Gathering Arena, 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, characters' distinctive likenesses, 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. 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 to Wizards.
You hereby acknowledge that you have read and understand the foregoing License and agree that the action of installing, downloading and/or using the Game, Software, or Game Service is an acknowledgment of your agreement to be bound by the terms and conditions of this License.