Magic: The Gathering Toolbox (the "Toolbox") Terms of Service ("License")
DRIVER SAFETY. WHILE THE TOOLBOX BRINGS MAGIC: THE GATHERING TO YOUR MOBILE DEVICE, YOU SHOULD NEVER USE IT WHILE OPERATING A MOTOR VEHICLE. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONDUCT. PLEASE DRIVE RESPONSIBLY.
By downloading and using Wizards of the Coast's ("Wizards") Toolbox, you agree as follows:
License Grant. Wizards grants you a limited, revocable, non-exclusive license to install and use the Toolbox on your mobile device solely for personal use. Additionally, should you download and install any additional content, features, fixes or updates for the Toolbox (separately and collectively, "DLC"), this License will apply (Toolbox and DLC collectively referred to as the "Application").
Restrictions. Wizards owns all rights, title and interest in and to the Application. You are strictly prohibited from: (a) reverse engineering or decompiling the Application; (b) making a copy of the Application available on or through any network; (c) using the Application for any use beyond the scope of this License; and (d) removing or altering and trademarks, copyrights, logos or legal notices contained within the Application.
Data Charges. You acknowledge that certain features of the Application require phone service, data access or text messaging capability. Except as otherwise noted, Wizards does not charge for such services, but carrier rates for phone, data and text messaging may apply.
Payments and Billing. You may purchase DLC through the Toolbox. Wizards does not directly bill you for such purchases and is not responsible for order fulfillment. If you have issues or problems with either billing or order fulfillment, please contact your mobile carrier (e.g. AT&T, Verizon, Sprint, etc.) and/or order fulfillment service (e.g. Apple App Store, Android Marketplace, etc.) as applicable.
Communications from Wizards. You may choose to "opt-in" to receive electronic communications from Wizards and such a choice authorizes Wizards to communicate with you via the Application's messaging services. Should you choose to "opt-out" of receiving such communications, you will not receive communications until you "opt-in" again.
Beta Releases. In the event any portion of the Application is released as "Beta," you acknowledge and agree that a Beta version may contain more or less features than the final release of the same or a similar product that Wizards intends to release. While Wizards intends to distribute a final release of a Beta version, it reserves the right at any time not to release a final release of a Beta version or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. You agree that a Beta version may not be suitable for production use and may contain errors affecting proper operation and functionality.
Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from Wizards if you fail to comply with any of the terms and conditions of this License. Upon termination, you must cease all use of the Application and delete it from your mobile device. Termination will not limit any of Wizards' other rights or remedies.
Disclaimer of Warranties. THE APPLICATION IS 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, NOR 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 APPLICATION 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 TO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY 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, THE USE OF OR INABILITY TO USE THE APPLICATION, 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 OF ITS 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 AMOUNT YOU PAID FOR THE APPLICATION. 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. IN SUCH AN INSTANCE WHERE THE AFOREMENTIONED LIMITATIONS OF LIABILITY DOES NOT APPLY TO YOU, WIZARDS HEREBY LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT POSSIBLE BY APPLICABLE LAW. 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 THE APPLICATION
YOU AGREE THAT THIS SECTION IS ESSENTIAL TO THIS LICENSE.
Equitable Remedies. You 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.
No Assignment. This License is personal to you, and may not be assigned. Wizards may transfer or assign this License, the Application, and their conditions and obligations, in whole or in part, to third parties of its choosing.
Export Restrictions. You agree to abide by U.S. and other applicable export control laws. You certify that you are not a person with whom Wizards is prohibited from transacting business under applicable Federal or international law.
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 expressly acknowledge and agree the following: (a) that the exclusive forum for all disputes and claims brought by you in any way related to, or arising out of, this License or the Application (including the arbitrability of any claim or dispute and the enforceability of this paragraph) will be final and binding arbitration; (b) the arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators, conducted in the city of Seattle, Washington; (c) the arbitration (and the arbitrators interpretation of 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 (d) that the AAA Optional Rules for Emergency Measures of Protection will apply to the aforementioned proceedings. You agree that you may only litigate in court to compel arbitration under this Section. 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: (x) no arbitration under this Section 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; (y) 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); (z) 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).
General. This License, together with its incorporated references, constitutes the complete and final agreement between you and Wizards with respect to its subject matter. 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.
COPYRIGHT AND TRADEMARK NOTICES. © 2012 Wizards of the Coast LLC. Wizards of the Coast, Magic: The Gathering, Magic, Magic: The Gathering Toolbox, the Wizards of the Coast logo, the Magic: The Gathering logo, the mana and tap symbols, the expansion names and symbols, characters' distinctive likenesses, the Application's trade dress or "look and feel" and the pentagon of colors are trademarks owned by Wizards in the U.S.A. and other countries. Any rights not expressly granted herein are reserved to Wizards. All other copyrights and trademarks are the property of their respective owners.
You hereby acknowledge that you have read and understand the foregoing License and agree that the action of installing, downloading and/or using the Application is an acknowledgment of your agreement to be bound by its terms and conditions.