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THIS WEBSITE IS FOR PROMOTIONAL AND ENTERTAINMENT PURPOSES ONLY
By clicking on the “I Accept” button when you create your Profile, or by using this WEBSITE WITHOUT CREATING a Profile, you specifically agree (A) THAT YOU HAVE READ THIS LICENSE IN ITS ENTIRETY, AND (B) AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CREATE A PROFILE, AND DO NOT VISIT OR OTHERWISE USE THIS WEBSITE.
FOR GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
- Website Description. This Website is the official website for Kaijudo: Rise of the Duel Masters and contains artwork, information, games, and videos about all your favorite Duel Masters and creatures from beyond the Veil.
- Your Profile. This Website allows you to create a user profile which grants you access to special features, games, and unlockable items (your “Profile”). Through your Profile, you will gain access to a library of licensed digital objects such as Kaijudo creatures, avatar items, and other unlockable content (“Digital Objects”), and have the ability to redeem Codes (defined below).
In order to create a Profile, you will be asked to create a username and password. Wizards will also ask you to provide answers to security questions that will help Wizards identify you in case you forget your password. Wizards will never ask you for your password; as such, do not disclose your password to anyone. You are strictly prohibited from sharing your Profile. Sharing a Profile violates this License, and may result in the termination of your Profile.
Do not use personal information in your password or security question answers that can identify you. If you include information which Wizards, in its sole discretion, deems personally identifiable, suggestive, explicit or offensive for any reason, Wizards may immediately suspend and/or permanently terminate your Profile without notice or further obligation to you.
IT IS IMPORTANT THAT YOU REMEMBER AND KEEP YOUR USERNAME, PASSWORD, SECURITY QUESTIONS/ANSWERS, AND CODES (“USER INFORMATION”) IN A SECURE PLACE. WIZARDS DOES NOT COLLECT PERSONAL INFORMATION FROM YOU WHEN YOU CREATE YOUR PROFILE. IF YOU FORGET ANY OR ALL OF YOUR USER INFORMATION, WIZARDS MAY BE UNABLE TO REACCESS YOUR PROFILE.
- Codes. Through your Profile, you will be able to enter various redemption codes in order to access certain features of this Website or to unlock Digital Objects (“Codes”). Codes have no cash value and are non-transferable. Codes may be found on or in physical products, promotions, hand-outs, notices (electronic, online, TV, radio), or other materials. A Code may only be entered once unless otherwise expressly permitted by Wizards. Wizards is under no obligation to release, continue to release, honor, or maintain any Codes or Digital Objects redeemed by Codes. Wizards may place expiration dates on Codes and/or limit, modify, or discontinue features accessed by Codes even after such feature has been released.
- Beta Releases. This Website and/or your Profile, or portions or features thereof, may be released in beta versions (each, a “Beta”). You agree that a Beta may not be suitable for commercial use and may contain errors affecting proper operation and functionality.
- Forum Conduct and Use. This Website may allow access to online forums or chat rooms (“Forums”). You agree to be personally responsible for your use of such Forums and to conduct yourself in a lawful and respectful manner in accordance with the Code of Conduct. You acknowledge that this Website and the Forums are passive conduits for user generated content and that Wizards does not screen user generated content or communications. Wizards, in its sole discretion, reserves the right to: (a) terminate your access to any Forum at any time, without notice, and any reason whatsoever; and (b) delete, move, or edit content, in whole or in part, submitted to the Forums if it deems that 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, or (iv) otherwise objectionable. 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.
- Limited License. Subject to your compliance with the terms of this License, Wizards hereby grants you a non-exclusive, non-transferable, non-assignable limited license to use this Website, your Profile, Digital Objects and other related products or services for your personal and non-commercial use. You acknowledge and agree that you currently do not and will not acquire any interest, monetary or otherwise, in this Website, your Profile, and/or Digital Objects. Any rights not expressly granted herein are reserved to Wizards.
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.
- Fees. Wizards reserves the right to charge a fee for certain games and/or functionality on this Website. If Wizards does so, Wizards will notify the user community by posting information on this Website at least thirty (30) days before any fees become effective.
- Restrictions. Any use, reproduction or redistribution of this Website (in whole or in part) including, without limitation, Digital Objects, artwork or videos, not expressly authorized by this License, 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 this Website; (b) modifying, reverse engineering, disassembling or decompiling any portion of this Website; (c) using intellectual property contained on the Website and/or in its functionality to create derivate products or services; (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 this Website; and (f) attempting to gain unauthorized access to third party Profiles.
- Intellectual Property Rights. Wizards owns all right, title and interest in and to this Website, Digital Objects, and all content related to or arising from Kaijudo: Rise of the Duel Masters 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, and character likeness (as well as all related and underlying intellectual property including all trademarks and copyrights).
- Disclaimer of Warranties. THIS WEBSITE, YOUR PROFILE, 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 THIS WEBSITE, YOUR PROFILE, 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.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
- 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, OR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR PROFILE, 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 FIVE U.S. DOLLARS ($5.00). 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 YOUR USE OF THIS WEBSITE, YOUR PROFILE, OR THE FORUMS.
- 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.
- Modification. Without notice and liability to you, Wizards may, at its sole discretion, change, modify, add to, limit, restrict, supplement, or delete (a) any of the terms and conditions of this License, (b) any Website features or functionality which includes shutting down the Website (in whole or in part), or (3) your Profile.
- No Assignment. This License is personal to you, and may not be assigned. Wizards may transfer or assign this License, this Website and your Profile, in whole or in part, to third parties of its choosing.
- 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.
- Arbitration. You agree that the exclusive forum for all disputes and claims relating in any way to, or arising out of, this License, this Website and/or your Profile (including the arbitrability of any claim or dispute and the enforceability of this paragraph) will be final and binding arbitration. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a panel of three arbitrators and conducted in the State of Washington. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection will apply to the proceedings. The parties may only litigate in court only to compel arbitration under this License or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. Notwithstanding the foregoing, to the extent that you have breached or indicated your intention to breach this License in any manner which violates or may violate Wizards’ intellectual property rights, or may cause continuing or irreparable harm to Wizards (including, but not limited to, any breach that may impact Wizards’ intellectual property rights, or a breach due to reverse engineering), Wizards may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. You must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date giving rise to the claim; and there will be no right to any remedy for any claim not asserted within that time period (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law). To the fullest extent permitted by applicable law: no arbitration under this License 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; 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); 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). This License will be governed by the laws of the State of Washington and the Federal Arbitration Act, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Washington.
- General. This License, together with its incorporated references, constitutes the complete and final agreement between you and Wizards with respect to its subject matter. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions of this License. If any part of this License 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 License will continue in effect. A printed version of this License and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this License 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 License which should by their nature survive termination of this License will survive the termination of this License.
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You hereby acknowledge that you have read and understand the foregoing License and agree to be bound by the terms and conditions of this License.