Terms of Use - Gatherer - Magic: The Gathering

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Last Updated: June 1, 2014

Welcome to Wizards of the Coast, the leader in entertaining the lifestyle gamer. Wizards of the Coast, its parent company, Hasbro, Inc. and its affiliates, licensors and third party partners (collectively, "Wizards, "we" "us" or "our") have created these Terms of Use to govern your use of Wizards' various consumer websites (collectively, "Websites"), as well as your interactions with us including, without limitation, registering an account, participating in organized play, contacting us, or posting in our forums ("Services"). Your use of our Websites or Services constitutes your acceptance of these Terms of Use as well as Wizards' Privacy Policy and Code of Conduct (both incorporated by reference)(collectively, "Terms of Use"). We may update these Terms of Use from time to time, at our sole discretion, and without notice. Your continued use of the Websites or Services after any such update constitutes your acceptance of such update. The Websites and Services may also contain additional terms that govern particular features or offers (for example, sweepstakes or special functionality).
In the event that these Terms of Use conflict with additional terms and conditions, these Terms of Use shall control.

By visiting our Websites, contacting us or using the Services, you (1) acknowledge and agree that you have read and understand these Terms of Use, (2) agree to be bound by them, and (3) that you have the ability and authority to accept them.

If you do not agree with these Terms of Use or are unable to accept them, you are not authorized to use our Websites or Services or register an account.

A Note to Parents

Wizards strives to create the best and safest play experiences for gamers of all ages. To that end, we require that those wishing to create an account must be at least thirteen (13) years old, or have their parent or guardian's express written consent. Please be aware that certain areas of the Websites and certain portion of the Services may contain or provide access to more mature types of content. You or your child may be exposed to content that you find offensive, indecent, or objectionable. By visiting our Websites or using our Services, you assume all risk. We encourage parents to supervise their children's use of our Websites and Services and maintain open communication with them regarding appropriate online content and activities.

General Terms

1. Account Subscription.

a. Registration. While some elements of the Websites may be accessible to the public, certain aspects of the Services (e.g., creating a community profile, acquiring a subscription to online services, posting in forums, or participating in organized play) may require that you register an account. To register an account, you will be asked to provide your date of birth and country/region, and then provide an email address, a user name, a screen name and a password. To gain access to other Services (e.g., organized play, invitations to special events, forums, promotions, and prize payments), you may be asked to provide your full name, address, city, state, and country. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms for the Services ("Registration Data"); and (ii) maintain and promptly update the Registration Data, and any other account-related information you provide to Wizards.

b. Passwords; Security. You are entirely responsible for maintaining the confidentiality of your password. You also agree not to share your account, screen name, user name or password, and agree to notify Wizards immediately if you suspect any unauthorized use of your account. You further agree that you are entirely liable for all activities conducted through your account, and are responsible for ensuring that you or your child is aware of, understands, and complies with these Terms of Use and all other rules, policies, or notices published by Wizards.

c. Eligibility. Use of the Services is void where prohibited. By registering an account and using the Services, you represent and warrant that: (i) all Registration Data that you submit is truthful and accurate; (ii) you are thirteen (13) years old or older, or have your parent or guardian's consent as demonstrated by submittal of the appropriate paperwork (available at http://media.wizards.com/downloads/wizardsaccount/coppawizardsparentalconsentform_en.pdf); and (iii) your use of the Services will not violate any applicable law or regulation, these Terms of Use, or any other rules, policies, or notices published by Wizards. Your account may be deleted and your access to the Services terminated without warning if we believe that you are under thirteen (13) years old and are using the Services without parental/guardian permission. Please note that the purchase or use of certain Services may have different eligibility requirements, including a higher minimum age requirement, as specified in any additional terms governing such Services.

2. Use of Websites and Services.

a. License. Subject to your compliance with these Terms of Use, the Websites, Services, "fan kits," play test materials and other Wizards' offerings are provided to you on a nonexclusive, fully revocable basis, and solely for your individual and non-commercial use. Wizards may terminate or suspend any or all portions of the Websites or Services at any time and for any reason with no liability to you.

b. Restrictions. You agree not to engage in any of the following: (i) use any means including, without limitation, agents, robots, scripts, or spiders to access, monitor, data scrape, link or frame to content, images or artwork (except as expressly authorized by Wizards), or copy or transfer any part of the Websites or Services (including, without limitation, any Registration Data); (ii) probe, scan or test the vulnerability of the Websites or Services, or breach the security or authentication measures on the Websites or any part of the Services; (iii) reverse look-up, trace or seek to trace any Registration Data in any way and for any reason; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Websites or Services; (v) use any device, software or program to interfere or attempt to interfere with the proper working or authorized uses of the Websites or Services, or with any other person's use of the Websites or Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Websites or via the Services; (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity; (viii) use the Websites or Services in an illegal manner or for any unlawful purpose; or (ix) violate any applicable rules, policies, guidelines, or fan kit policies.

The Websites and Services are for your personal use and may not be used in connection with any commercial endeavors. Illegal or unauthorized use of the Websites or Services including collecting players' usernames or email addresses for the purpose of sending unsolicited email is strictly prohibited. Commercial advertisements (via emails, forums, etc.) and other forms of solicitation in violation of these Terms of Use may be removed from the Websites and Services without notice and may result in termination of your account.

c. Alpha/Beta Testing. The Services may include alpha or beta testing or other play testing of products or services, features, functionality, and all components thereof (whether in final or prerelease form). Except to the extent otherwise provided in another agreement between you and Wizards, your participation in any such activity and your use of any content, information, or other materials in connection with such activities are subject to these Terms of Use as well as any other applicable rules and requirements.

d. Consent to Account Access. To ensure that Wizards can provide high-quality services that are responsive to your needs, you understand that Wizards representatives will have access to your account, Websites usage, Registration Data, and purchasing information. You authorize our representatives to review such information as reasonably necessary to investigate complaints, to provide you with customer services, or for such other purposes as contemplated in our Privacy Policy.

3. Fees and Payments. Wizards uses third party payment providers (e.g., PayPal, Chase Paymentech and Digital River) to authenticate payment when you purchase our products and applicable Services. Wizards does not directly sell games or products, but rather works with its third party partners. When you directly purchase games or products from our Websites, 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.

4. Links to Other Sites. The Websites and Services may contain links to third party websites. These links are provided as a convenience to you. We do not control and are not responsible for the content of such third party websites or the conduct of the operators of such third party websites, and we do not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third party websites. We encourage you to exercise discretion while browsing the Internet and other websites. If you decide to access linked third party websites, you do so at your own risk.

5. User Content. As part of your use of the Services, you may be able to create, include, refer to, transfer, upload, stream, display, host, promote, disseminate, post, make available, distribute, link to or transmit messages, artwork, text, displays, images, photographs, graphics, screenshots, data, databases, information, files, pictures, video, audio, music, software and other materials and content, whether in written, digital, oral, machine-readable, electronic or visual form, to our Websites or Services (collectively, your "User Content"). By posting or submitting any User Content to or through the Websites or Services, you hereby irrevocably grant to Wizards a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to, rights under copyright, trademark or patent laws under any relevant jurisdiction.

You represent and warrant that: (a) you own or control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Websites and Services; (b) the User Content is accurate and not misleading; (c) the User Content and your use of such User Content does not violate any law, rule or regulation; (d) the User Content is not inappropriate, profane, indecent, harmful, threatening, abusive, defamatory, harassing, tortuous, vulgar, obscene, libelous, pornographic, harmful to minors, racially, ethnically or otherwise objectionable or that may be invasive of another's right of privacy or publicity; (e) your User Content does not contain any macro, bot, virus, trojan horse, keystroke logger, worm, time bomb, cancelbot, corrupted data or other file, code or computer programming routing that is intended to or results in damage, detrimentally interferes with the Websites or Services; and (f) User Content you supply does not violate these Terms of Use and will not violate any rights of any third party or cause injury to any person or entity. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any User Content posted by you.

You are solely responsible for the User Content that you post, store or upload on or through the Websites and Services. Wizards does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded on or through the Websites and Services; however Wizards reserves the right to delete, screen or edit any User Content posted, stored or uploaded at any time and for any reason without notice. Without limiting the foregoing, Wizards may remove any User Content that in the sole judgment of Wizards violates these Terms of Use.

6. Intellectual Property Ownership; Rights Granted to You. The Websites and Services (including all Wizards' generated content residing thereon) are the sole property of Wizards, and are protected by copyright, trademark, and other intellectual property laws (Wizards' Intellectual Property"). You are granted a limited, revocable, non-sub-licensable right to access and use Wizards' Intellectual Property solely in connection with your personal and non-commercial use of the Websites and Services. Any use of Wizards' Intellectual Property other than as specifically authorized by Wizards is strictly prohibited and will terminate the rights granted herein. All goodwill generated by your use of Wizards trademarks shall automatically inure to the benefit of Wizards.

Notwithstanding the foregoing, Wizards' various fan kits provide you with access and permission to use certain pre-approved images, logos, and other Wizards materials for limited purposes. Use of that content is permitted pursuant to the terms and conditions of the applicable fan kit.

7. Organized Play.

a. DCI Accounts. As part of the Services, Wizards provides players an opportunity to engage in organized play activities for its games (e.g., Magic: The Gathering, Dungeons & Dragons, Kaijudo, Duel Masters, etc.). To be eligible to participate in organized play, you must activate a DCI number as part of our account. DCI numbers are unique identifiers used to track your organized play standings and player progress. You may acquire a DCI number through online account creation, by visiting an authorized Wizards' Play Network retail location, or by participating in an independent authorized organized play event. Once you activate your DCI number, your play activities will be entered into Wizards' organized play databases and you will be eligible to compete in sanctioned event play.

b. Rules and Enforcement. By participating in organized play, you expressly acknowledge and agree to comply with any official organized play and tournament rules (see rules for Magic: The Gathering and Kaijudo) updated and published by Wizards from time to time and incorporated herein by reference (see applicable game websites for current rules). Organized play events are adjudicated by members of the Wizards' community who provide us with reports regarding play (win/lose records) as well as player behavior, conduct, and violations of tournament rules and the Code of Conduct, and recommendations regarding disciplinary actions. While we reserve the right to review or not review any reported violation of the foregoing, Wizards will generally enforce the community member's recommendations. Some violations may be referred to a committee of rules judges for review and recommendations. While we do not disclose your personal contact information to judges unless you provide us with express permission, we recommend that you work with judges while they conduct their investigations. By participating in organized play events, you expressly consent to this enforcement process as well as any other enforcement procedures or guidelines published by Wizards at its sole discretion. You also agree that all disciplinary decisions regarding actual or alleged violations of tournament rules and the Code of Conduct are final, at Wizards sole discretion, and that Wizards has no liability to you whatsoever in regards to such investigations and decisions. You expressly acknowledge and agree that participating in organized play is voluntary and for entertainment purposes only. By participating in organized play, you waive any cause of action against Wizards, judges, or any other member of the Wizards' organized play community arising from or related to your participation.

c. Waiver and Consent. By participating in organized play events you agree to the following:

(i). You agree to comply with all rules, regulations, and behavior standards applicable to the event you participate in, as may be modified from time to time in Wizards' sole discretion. You understand and agree that all decisions of Wizards and its authorized representatives, independent tournament organizers ("ITOs"), and judges with respect to such an event are final.

(ii). You are legally competent to agree to this release, or your parent or guardian has also read and agree to this release on your behalf.

(iii). You agree that Wizards, exhibitors of the event, assigns, licensees (collectively, "Event Affiliates"), and ITOs may photograph and record you and may display, distribute, create derivatives, exhibit, broadcast, edit, advertise, publicize, promote, and use aforementioned photographs and recordings in connection with the applicable event, other Wizards related events, products manufactured or licensed by or on behalf of Wizards, and in connection with advertising to promote the aforementioned events or products. You further agree and expressly consent that Wizards and its Event Affiliates may display my name, city, event record and event pairings online through websites and social media services to facilitate the event. You waive any personal or proprietary rights with respect thereto. You represent and warrant to Wizards that you have not made any contract or commitment in conflict with this grant, and that you will seek no further consideration for any use contemplated by this Section 7(c)(iii).

(iv). Wizards may, at its sole discretion, invite you to participate in its organized play programs (e.g., the Pro Tour Players' Club program). Your participation in such programs is subject to acceptance of all Wizards' then current rules and conditions. Wizards reserves the right to terminate any organized play program, or your participation in such program, at any time and for any reason at its sole discretion.

(v). If eligible, you may receive an award for participating in an organized play event, and Wizards may, in its discretion, modify or terminate any award or the award structure. The following limitations shall apply to any award received by you as a result of your participation in the event:

1. General. Awards are non-transferable, non-negotiable, and not redeemable for an alternative award except in Wizards' sole discretion. All expenses and taxes not specified herein are your responsibility and you acknowledge Wizards' recommendation that you consult a tax advisor in your jurisdiction.

2. Cash award. Any cash award will be distributed to you according to Wizards' then-current policy for distribution.

3. Appearance Fee award. In order to receive an appearance fee, you must attend, compete in at least three rounds of a tournament (not including rounds in which the member received a bye), and be listed as finishing in the applicable tournament for which you are to receive the appearance fee and participate in all mandatory aspects of the event, including without limitation media interviews or specialty events.

Notwithstanding the forgoing, Wizards reserve the right to award or withhold appearances fees at its sole discretion.

All appearance fees are subject to the following additional terms and conditions:

All taxes are the responsibility of the individual receiving the appearance fee. Members acknowledge Wizards' recommendation that they consult a tax advisor in their jurisdiction for questions regarding their tax liabilities.
Before being awarded any appearance fee, the potential recipient must, among other things, submit to Wizards of the Coast LLC: (i) a signed Consent and Release Agreement, (ii) the appropriate IRS tax form, (iii) provide proof of identification, and (iv) any other documentation designated by Wizards.
A player eligible for an appearance fee must claim his or her appearance fee within one (1) year from the date of the event for which the appearance was awarded, or the appearance fee is forfeited.

Appearance fee awards are processed in the same manner as prize awards for events and are generally mailed out six weeks after the event and all required information is received by Wizards of the Coast.

4. Airfare award. For the applicable tournament, Wizards or its designate will provide one (1) roundtrip coach ticket on an airline of its choice from the airport nearest your home to the tournament host city. You will adhere to all instructions provided by Wizards or its designate in booking such air ticket. Travel dates will include the days of the applicable tournament or championship. All other fees including, but not limited to, baggage fees, lodging, meals, ground transportation, gratuities, travel documents, and fees caused by changes to airline reservations, are solely your responsibility. You agree to travel on dates designated by Wizards or award will be forfeited. All flight arrangements are subject to availability.

5. Hotel Room award. Eligibility to win a hotel room award begins thirty (30) days after a player has obtained a level that includes this benefit. Wizards or its designate will provide one (1) standard hotel room at a hotel of its choice for the dates of the applicable tournament or championship. You will adhere to all instructions provided by Wizards in booking such a hotel room. All other fees including, but not limited to, airfare, meals, ground transportation, gratuities and fees caused by changes to hotel reservations, are your responsibility. You agree to occupy the room on dates designated by Wizards or award will be forfeited. All hotel arrangements are subject to availability.

(vi). You agree to release, indemnify, and hold Wizards, Event AFFILIATES and ITOs harmless from any and all loss, injury, damage, claim, and action of any kind in connection with or arising from Your PARTICIPATION in an Event (including without limitation, judging decisions) or any award including, without limitation, personal injuries, death, property damage, or claims based on publicity rights, defamation, or invasion of privacy, whether suffered by YOU or a third party, however caused, and whether foreseen or unforeseen. Wizards, its Event affiliates, and itos are not responsible for injury or damage of any kind related to or resulting from participation in the Event.

(vii). Wizards is not obligated to exercise any of the rights granted herein.

(viii). The terms of this Section 7(c) shall serve as a release and assumption of risk for your heirs and all members of your family, including any minors accompanying you. You understand this is a binding contract that supersedes any other agreements or representations, and is intended to provide a complete release of liability. The specific rights of the parties may vary from state to state and country to country.

d. Planeswalker Points. By participating in sanctioned organized Magic: The Gathering event (each a, Sanctioned Event"), your participation and game play results are reported to Wizards. Each time you play in a Sanctioned Event, you get Planeswalker Points ("Points") that help you to level up in the Planeswalker Points Program "PWP Program."

(i) Points, Badges, and Achievements. You are able to get Points and level up in the PWP Program by participating in Sanctioned Events. Different types of Sanctioned Events and different types of play will allow you to get Points in the following PWP categories: Lifetime Points, Seasonal Award Points, Yearly Award Points, FNM Points, and Professional Points. You can get Lifetime Points by participation in all types of Sanctioned Events and these Points are the basis for your level designation (e.g., a Task Mage is a player who has achieved Level 11 and has 50 Lifetime Points). Seasonal Award and Yearly Award points are accrued through Sanctioned Event play (excluding Pro Tour, World Magic Cup, and Magic: The Gathering Players Championship tournaments), but do not include casual play. You can get FNM Points by playing at Friday Night Magic events. You can get Professional Points only by participating in pro level events. (Pro Level Events are Grand Prix, Pro Tours, the World Magic Cup, and the Magic: The Gathering Players Championship (each a "Pro Level Event")).

The Points you earn playing in Sanctioned Events will be recorded, tracked and made viewable to you in your PWP Account. Each account holder is responsible for ensuring the accuracy of his or her PWP Account and is encouraged to check his/her PWP Account regularly. If you believe that your PWP Account is inaccurate, you must notify the Wizards by contacting Customer Support at (800) 324-6496 in the U.S. and Canada, or 001 (425) 204-8069 for other countries, or complete the Appeal Form located here within one year of the event date that generated the Points at issue. NOTE: YOUR SEASONAL AWARD, YEARLY AWARD, FNM, AND PROFESSIONAL PLANESWALKER POINTS ACCRUALS WILL RESET AT THE END OF EACH PWP CATEGORY'S RESPECTIVE SEASON, RETURNING YOUR POINT BALANCE TO ZERO FOR THE NEXT SEASON.

From time to time, Wizards, at its sole discretion, may also award badges and achievements to you under the PWP Program. Your Points and any badges and achievements awarded to you have no cash value and only apply to the PWP Program. Points, badges and achievements do not constitute your personal property, may not be transferred or assigned, and may be revoked by Wizards at any time and for any reason. Wizards has the right to recalculate, adjust, reduce, or modify the Points in your PWP Account and the number of Points awarded to you at any time, to change the PWP categories set forth in this Section 7(d)(iii) and add to or eliminate badges and achievements, at its sole discretion without prior notice to you. In the event that a Sanctioned Event is determined by Wizards to have been administered or run in violation of any policies, guidelines or rules including, without limitation, the Magic Tournament Rules, the event will be invalidated and any Points, badges or achievements you received for participating in such event will be removed from your PWP Account.

Furthermore, you acknowledge and agree that the PWP is for entertainment purposes only and that the PWP, its Points, badges and achievements may be deleted, changed, terminated or modified at any time with no liability to you.

To learn more about the different types of Sanctioned Events, the associated Points for each type of play, PWP Program levels, Pro Level Events, and the Premier Multiplier go here [LINK].

For more information about badges and achievements go here [LINK].

(ii) Point Forfeiture and Lose of Badges or Achievements.

1. Suspension of your PWP Account. In the event that Wizards suspends your PWP Account for violation of any of the rules, requirements and/or guidelines set forth in Section 11 of these Terms, Wizards may deduct Points from your PWP Account and/or revoke some or all badges and/or achievements awarded to you. The number of Points deducted and/or whether badges/achievements will be revoked will be decided by Wizards depending upon the level of severity of your violation, at Wizards' sole discretion. (See the Magic Tournament Rules for details). [LINK] NOTE: deduction of Points from your PWP Account and/or revocation of badges and achievements for any reason may result in a lower achievement level designation (e.g., from Adept to Task Mage) and may also cause you to level down in your standing in other aspects of the PWP Program including, in the Pro Tour Players Club. (See the Pro Tour Players Club Guidelines and Procedures for more information. [LINK])

2. Cancellation of your PWP Account. You may not combine, transfer or attempt to sell your Points, badges and/or achievements to another PWP Account holder. Any attempt to circumvent this policy will result in immediate cancellation of your PWP Account, forfeiture of your Points and revocation of your badges and/or achievements. If Wizards cancels your PWP Account for any reason (including, without limitation violations of Wizards' Code of Conduct, Privacy Policy, Terms of Use, the Tournament Rules, or these PWP Terms, and/or if any Wizards.com account or other account related to Wizards' goods and/or services is not in good standing for any reason), any Points accrued to your PWP Account will be forfeited, you will lose your badges/achievements and you will not be permitted to play in any future Sanctioned Events pursuant to the Magic Tournament Rules [LINK]. If you voluntarily cancel your PWP Account, all Points accrued in your PWP Account will be forfeited immediately and any badges/achievements you have accrued to that point will be revoked. Cancellation of your PWP Account for any reason will not remove your name from previously published listings related to prior game play, ratings, and/or results.

(iii). PWP Program Invitations and Byes. As you play Magic in Sanctioned Events, accrue more Points, and level up in your ranking through the PWP Program, you may also get invitations to play Magic in invitation-only Pro Level Events and may receive Byes for Grand Prix events. You can get invitations to Pro Level Events by accruing Points in the various PWP categories and receive Byes as follows:

FNM Points. At the end of an FNM Season, the top 100 ranked eligible FNM players from various geographical locations worldwide (as determined by Wizards at its sole discretion), may receive an invitation from Wizards to play in the FNM Championship and an Airfare Award (as set forth in Section 7). Ranking will be based upon your accumulated FNM Points during the 2012 FNM Season.

Seasonal Award Points; Grand Prix. During each Seasonal Award Season (as defined in subsection (d)), eligible players that have accumulated the required number of points (as determined by Wizards in its discretion) may receive a 1-round, 2-round, or 3-round Bye for each Grand Prix Event that is held during the remainder of that Season and for the designated Seasonal Award Season immediately thereafter. (For more information on Byes, see subsection (e) below).

Yearly Award Points; World Magic Cup Qualifiers. At the end of the designated Yearly Award Season (as defined below and identified in the Premier Invitation Policy), eligible players that have accumulated the required number of points (as determined by Wizards in its discretion) may receive an invitation from Wizards to play in their respective country's World Magic Cup Qualifiers. Note: Some countries have residential restrictions regarding participation in these types of events, which may affect your participation in a World Magic Cup Qualifier. Please see the Premier Event Invitation Policy for more information [LINK].

Wizards has no obligation to host, license, sponsor, sanction or otherwise run any organized play event including, without limitation, all types of events listed herein. Wizards reverses the rights to modify or change any event type and the terms of the PWP Program.

1. Magic: The Gathering Players Championship: At the end of the Professional Season (as defined below), the top ranked eligible players from various geographical locations worldwide (as determined by Wizards in its discretion), may receive an invitation from Wizards to play in the Magic: The Gathering Players Championship. Ranking will be based upon your accumulated Professional Points during the Professional Season and the number of players selected will be determined by Wizards based upon the Premier Event Invitation Policy [LINK].

2. Magic The Gathering World Magic Cup: At the end of the Professional Season (as defined below), the top ranked eligible players from various countries worldwide (as determined by Wizards in its discretion), may receive an invitation from Wizards to play in the World Magic Cup event. Ranking will be based upon your accumulated Professional Points during the Professional Season and the number of players selected will be determined by Wizards based upon the Premier Event Invitation Policy. Note: Some countries have residential restrictions regarding participation in these types of events, which may affect your participation in the World Magic Cup. Please see the Premier Event Invitation Policy for more information [LINK].

3. Pro Tour Players Club: At the end of the Professional Season (as defined below), eligible players that have accumulated the required number of points (as determined by Wizards in its discretion), may receive a level designation of Silver, Gold, or Platinum level in the Pro Tour Players Club for the remainder of that Season and for the immediately subsequent Professional Season. Each level has particular awards as determined by Wizards based upon the Pro Tour Players Club Guidelines and Procedures [LINK] and the Premier Event Invitation Policy. Awards may include invitations to Pro Tour and World Magic Cup Qualifier events, and Byes at Grand Prix events. Your Pro Tour Players Club level will be based upon your accumulated Professional Points during the Professional Season and the number of points required for each level will be determined by Wizards based upon the Pro Tour Players Club Guidelines and Procedures [LINK].

4. Byes. Byes are "wins" that are awarded during the early rounds of Grand Prix events (each a "Bye") and includes three types of Byes: a 1-Round Bye, 2-Round Byes, and 3-Round Byes. If you are awarded a Bye, you will not participate in the first one, two, or three round(s) of the Grand Prix event to which the Byes are applied (dependant on the type of Bye awarded to you), but you will have Points awarded to you for those rounds as if you had played and defeated an opponent. Byes may also be awarded based on other criteria as set forth in the Premier Event Invitation Policy [LINK]. Byes are not cumulative within a given Grand Prix event or throughout any Season. Byes may not be passed down for any reason and are not transferable to other players. Byes may not be deferred from one Grand Prix event to another or from one Season to another. Players who accumulate multiple Byes to a Grand Prix event will receive only the Bye for the greatest number of rounds (3-round maximum).

Wizards' Planeswalker Point Seasons are made up of a series of Sanctioned Events during a period specified by Wizards (each a "Season") and are not based on a standard calendar year. The PWP Program includes the "FNM Season", the "Seasonal Award Season", the "Yearly Award Season", and the "Professional Season" as further defined and set forth in the Premier Event Invitation Policy, which is incorporated into these Terms by this reference. Go here for more information [LINK]. The number of Seasons that offer invitations and/or Byes to various Pro Level Events may vary per PWP category, per Season, and from year-to-year, in Wizards' discretion. The number of players to receive invitations under a particular PWP category may also change from Season to Season, and/or from year-to-year, at Wizards' discretion. All invitations from Wizards to play in one or more of the Pro Level Events set forth above and any Byes are subject to the terms and conditions of Wizards' Premier Event Invitation Policy [LINK]. Wizards reserves the right to cancel or modify an invitation and/or Bye(s) at any time, at Wizards' discretion. In the event that you violate any of the rules, requirements, and/or guidelines set forth in the Code of Conduct, Wizards may revoke your invitation and/or Bye(s), at Wizards' discretion.

e. Other Policies. By participating in organized play, you are agreeing to other organized play terms and conditions which we may publish from time to time and at our sole discretion. The other policies are incorporated by this reference and include, but are not limited to, the following:

Magic Tournament Rules

http://wpn.wizards.com/resources/rules-documents/244

Magic Premier Event Invitation Policy

http://wpn.wizards.com/sites/wpn/files/attachements/mtg_peip_en.pdf

Pro Club Rules

http://magic.wizards.com/content/pro-players-club

Hall of Fame Rules

http://magic.wizards.com/en/content/hall-fame-top-players-coverage-events

Kaijudo Tournament Rules

http://wpn.wizards.com/sites/wpn/files/attachements/kjv_ktr_en.pdf

8. Privacy Notice. In addition to the disclosures contained in these Terms of Use, please refer to our Privacy Policy for information on how we collect, use and disclose your personally identifiable information. Keep in mind that information you provide in any community profiles may be searchable by the general public unless you set your profile to "Private." To change your profile privacy settings, go to your account's profile page's account settings. In this section, you may also change your profile information, who can view your page, as well as control how we communicate with you. All postings you make in community forums may be viewed by the public unless such forum topic is designated as "private."

9. No Warranties. WIZARDS PROVIDES THE WEBSITES, THE SERVICES, ACCOUNTS AND ALL OTHER FEATURES, PRODUCTS AND DOCUMENTATION "AS IS." WIZARDS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, we do not ensure continuous, uninterrupted, error-free, secure or virus-free operation of our Websites, Services, or your account. Nor do we ensure that defects in any portion of the same will be corrected. Wizards may change, modify, disable, suspend or remove any such feature, product, service, software, art, graphics or other content, in whole or in part, at its sole discretion. Wizards does not control or endorse User Content or the related content, messages, facts, views, opinions, recommendations, data, files, video, audio, graphics or information exchanged by means of the Sites including, without limitation, information contained in the public postings areas of the Websites or Service and information provided or statements made by a celebrity, "expert," or similar guests and, therefore, Wizards specifically disclaims any liability resulting therefrom. You acknowledge that the Websites and the Services have not been developed to meet your individual requirements. Wizards disclaims suitability of the Websites and Services for any purpose. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control.

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

10. Limitation on Liability; Indemnification. IN NO EVENT SHALL WIZARDS, OUR PARENT, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, OR EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY ANTICIPATED OR LOST PROFITS, REVENUE, DATA, CONTENT, HARDWARE, SOFTWARE, INJURY, INFORMATION OR SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, STRICT PRODUCT LIABILITY AND NEGLIGENCE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM POSSESSION, USE, INABILITY TO USE, FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR OTHER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR MALFUNCTION OF THE WEBSITES OR SERVICES (AND ANY COMPONENTS THEREOF), YOUR ACCOUNTS, ANY FUNCTION OR FEATURE AVAILABLE, ACCESSED, DISTRIBUTED OR VIEWED THROUGH THE WEBSITES, THESE TERMS OF USE, THIRD PARTY WEBSITES OR SERVICES ACCESSED, DISTRIBUTED OR ADVERTISED IN OR THROUGH THE WEBSITES OR SERVICES, THE DOWNLOADING OR USE OF ANY SOFTWARE OWNED OR OPERATED BY US OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF WE, OUR LICENSORS AND SUPPLIERS, AND EACH OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE TOTAL AGGREGATE LIABILITY OF WIZARDS, OUR LICENSORS OR ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100.00 (USD). YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST WIZARDS, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE WIZARDS AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. 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 WEBSITE AND THE SERVICE.

11. Unsolicited Idea Submission Policy. NEITHER WIZARDS NOR ANY OF ITS EMPLOYEES ACCEPTS OR CONSIDERS UNSOLICITED MATERIALS PROVIDED TO WIZARDS REGARDING THE SITES, THE SITE CONTENT, WIZARDS, OR THE PRODUCTS AND SERVICES OF WIZARDS, INCLUDING WITHOUT LIMITATION QUESTIONS, COMMENTS, SUGGESTIONS, IDEAS, PLANS, NOTES, DRAWINGS OR OTHER ARTWORK, DEMOS, PROTOTYPES, SAMPLES, ORIGINAL OR CREATIVE MATERIALS, OR SIMILAR INFORMATION (COLLECTIVELY, "SUBMISSIONS"). PLEASE DO NOT SEND ANY SUBMISSIONS TO WIZARDS OR ANYONE AT WIZARDS. IF YOU FAIL TO FOLLOW THIS DIRECTION AND SEND A SUBMISSION TO US, WIZARDS WILL NOT TREAT YOUR SUBMISSIONS AS CONFIDENTIAL OR PROPRIETARY AND MAY DISCLOSE YOUR SUBMISSIONS TO ANY OTHER PERSON OR ENTITY, WHETHER PUBLICLY OR PRIVATELY. WITH RESPECT TO ANY SUCH SUBMISSIONS YOU PROVIDE THAT WIZARDS ACCEPTS INADVERTENTLY OR OTHERWISE CONTRARY TO THE ABOVE POLICY, YOU HEREBY GRANT AN IRREVOCABLE, NONEXCLUSIVE, PERPETUAL, WORLDWIDE, ROYALTY-FREE AND FULLY SUB-LICENSABLE LICENSE TO USE, PRACTICE, MAKE, HAVE MADE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM, AND DISPLAY YOUR SUBMISSIONS AND THE INVENTIONS EMBODIED THEREIN FOR ANY COMMERCIAL OR OTHER PURPOSE, WITHOUT ACKNOWLEDGMENT OR COMPENSATION TO YOU.

12. Feedback. You acknowledge and agree that any materials, including but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to Wizards in response to a request for such materials ("Feedback") are non-confidential and shall become the sole property of Wizards. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use and disclosure of which is described in Wizards' Privacy Policy.

13. Streaming. Wizards encourages you and other members of the Wizards community to stream your play and other events and interests arising from Wizards' games and other offerings. However, you must obtain permission from any other person that may appear in your video streams and you must obtain permission from any third party intellectual rights holders. All streams using Wizards' Intellectual Property must be non-commercial in nature and may not feature or promote competing games or services. You acknowledge and agree that you are solely responsible for all content appearing in your video streams.

14. Forums and Communication Services. The Services may include blogs, "wiki" features and forums that allow certain text, images, designs, logos, video, sound, code, data, and other materials and information, as well as the selection and arrangement thereof, available through the Services (collectively, "Site Content") to be written or created collaboratively, and group pages, and messaging functions, and other areas or services in which you or other users can create, post or store User Content on the Services Sites. You are solely responsible for your use of such Services and you use them at your own risk. As with other Services, your use is subject to these Terms of Use as well as any additional terms and conditions provided with those Services.

15. Termination; Survival. You may cease using the Website and Services, as well as terminate your account, at any time. Wizards may, at any time, for any reason, and at its sole discretion, deactivate your account, or discontinue any part of the Websites or Services with or without notice to you. In addition, Wizards, at its sole discretion, may immediately terminate your account without notice if: (a) you breach any provision of these Terms of Use; (b) you infringe any third party intellectual property rights; or (c) Wizards is unable to verify or authenticate any information you provide to Wizards. Upon termination of your account, all rights granted to you under these Terms of Use will immediately terminate with no further obligations or liability to you. Sections 6 (Intellectual Property), 7 (Organized Play), 9 (No Warranties), 10 (Limitation on Liability; Indemnification), 11 (Unsolicited Idea Submission Policy), 12 (Feedback) and 18 (General), together with any licenses granted to Wizards hereunder, will survive termination for any reason.

16. Infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Wizards or others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Wizards to remove any content or information from its Websites which we believe infringes the intellectual property rights of others upon receipt of and proper notification to Wizards by the intellectual property owner or the owner's legal agent. If you infringe other people's intellectual property rights, we, at our sole discretion, may also terminate your account.

If you believe that any content appearing on our Websites 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

Attn: Legal

Wizards of the Coast LLC

P.O. Box 707

Renton, Washington 98057-0707

Telephone: 1 (800) 324-6496

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

17. D&D Insider. D&D Insider subscriptions have an automatic renewal process which renews a subscription for another period of the same duration originally purchased, unless terminated by the subscribing member prior to such automatic renewal. You may opt out of the automatic renewal at any time through your account details page or by contacting Wizards' customer support.

You may also terminate your D&D Insider subscription at any time by contacting Wizards' customer support. If you terminate your subscription during a current subscription cycle, your access to D&D Insider will terminate at the end of that subscription cycle. You will not be billed again for a D&D Insider subscription until you affirmatively sign up and pay for another subscription period. Note: In the event that you terminate your subscription less than two (2) days prior to the end of the then-current payment cycle, you will be charged for one (1) additional billing cycle. Wizards is not obligated to provide full or partial refunds for subscription periods that you have purchased. Terminating your D&D Insider subscription does not terminate right(s) you may have for other Charged Offerings or Services from Wizards.

18. General.

a. Language; Interpretation. It is the express wish of the parties that these Terms of Use and all related documents have been drawn up in English. C'est la volonte expresse des parties que la presente convention ainsi que les documents qui s'y rattachent soient rediges en anglais. The headings of sections, paragraphs and subparagraphs of these Terms of Use are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections, paragraphs or subparagraphs.

b. Compliance with Law; U.S. Export Controls. You will comply with all applicable laws regarding your installation, copying and use of the Websites and Services and your access to your accounts. Without limiting the foregoing, software available in connection with the Websites and Services may be subject to United States export controls. No feature, function, software or any component thereof may be downloaded from the Sites or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software is at your sole risk. You further agree not to upload to the Websites any data or software that cannot be exported without prior written government authorization including, but not limited to, certain types of encryption software.

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

d. Severability; Waivers. If any provision of these Terms of Use is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of Wizards to insist upon or enforce any of the provisions of these Terms of Use, or to exercise any rights or remedies under these Terms of Use, will not be construed as a waiver of Wizards' right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

e. Modification. These Terms of Use may be amended, altered or modified at any time and for any reason by Wizards at its sole discretion with no prior notice. If any future changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you must terminate your account. The continued use of your account, the Websites or the Services means you accept any and all such changes. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature, content or availability of the Website, Services or your account.

f. No Assignment. These Terms of Service and the rights granted herein are personal to you, and may not be assigned. Wizards may transfer or assign these Terms of Use, the Websites and the Services, in whole or in part, to third parties of our choosing.

g. Trademark and Copyright Notification. Unless otherwise indicated, all trademarks appearing on the Websites and Services are the property of Wizards of the Coast LLC or its parent Company, Hasbro, Inc. All rights reserved. All artwork, images, text, proprietary software and other copyrightable images are the copyrights to Wizards. All rights reserved. All other trademarks and copyrightable content are the property of their respective owners and used under license.

h. Force Majeure. Wizards shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause such as acts of god, war, pod people, terrorism, riots, the zombie apocalypse, embargoes, acts of civil or military authorities, Plan 9, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

i. Governing Law; Venue and Jurisdiction; Time Limit to Bring Claims. These Terms of Use and your interactions with Wizards (including your use or inability to use the Websites and Services) 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, for any claims arising out of or relating to your use of the Websites, the Services, your interactions with Wizards, the use (or lack thereof) of any of Wizards products, and these Terms of Use. In no event shall any claim, action or proceeding by you related to or arising from these Terms of Use, the Websites, the Services (including your use, or inability to use the Websites or Services) or any other interaction you may have with Wizards, be instituted more than one (1) year after the cause of action arose. You agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Service or Wizards will be decided by binding arbitration. All disputes between you and Wizards of any kind or nature arising out of these Terms of Use or your use of the Service, shall be submitted to Judicial Arbitration and Mediation Services, Inc. ("JAMS") for binding arbitration 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 these Terms of Use, 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 Websites or Services from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the Websites and Services as supplied by Wizards. If the Act applies, then notwithstanding any other provision in this Terms of Use, 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 Terms of Use. Those who choose to access the Websites and Services 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, these Terms of Use 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.

j. Notices. All notices given by you or required under this Terms of Use shall be in writing and addressed to: Wizards of the Coast, ATTN: Customer Support, P.O. Box 707, Renton, Washington 98057-0707.