Terms of Service and Conditions of Use
Please read these terms of service and conditions of use carefully before using this
website. By using this website, you signify your consent to these terms of use in
addition to any other law or regulation that applies to the website, the Internet,
and/or the World Wide Web If you do not agree to these terms of service and
conditions of use please do not use the website. We reserve the right, at our
discretion, to change, modify, add, or remove portions of these terms at any time.
Please check these terms periodically for changes. Your continued use of the WizKids
Inc website following the posting of changes to these terms (including the WizKids
Inc website Security and Privacy Policy and house rules will mean you accept those
changes. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS
OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEBSITE.
Copyright and Ownership
This website is owned and operated by WizKids Inc and its affiliates. All of the
content featured or displayed on this website, including, but not limited to, text,
graphics, photographs, images, moving images, sound, illustrations and software
("Content"), is owned by WizKids Inc, its licensors and/or its content providers. All
elements of WizKids Inc’s websites, including, but not limited to, the general design
and the Content, are protected by trade dress, copyright, moral rights, trademark and
other laws relating to intellectual property rights. Except as explicitly permitted under
this or another agreement with WizKids Inc or one of its subsidiaries, no portion or
element of this website or its Content may be copied or retransmitted via any means
and this website, its Content and all related rights shall remain the exclusive property
of WizKids Inc or its licensors unless otherwise expressly agreed.
Restrictions on Use of Materials
Except as may be otherwise indicated in specific documents within the website, you
are authorized to view, play, print and download documents, audio and video found
on our website for personal, informational, and noncommerical purposes only. You
may not modify any of the materials and you may not copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from, transfer or
sell any information or work contained on this website. Except as authorized under
the copyright laws, you are responsible for obtaining permission before reusing any
copyrighted material that is available on the website. For purposes of these terms,
the use of any such material on any other website or networked computer
environment is prohibited. You will not remove any copyright, trademark or other
proprietary notices from material found on this website.
In the event you download software from the site, the software, including any files,
images incorporated in or generated by the software, and data accompanying the
software (collectively, the "software") are licensed to you by WizKids Inc. WizKids Inc
does not transfer title to the software to you. You own the medium on which the
software is recorded, but WizKids Inc retains full and complete title to the software,
and all intellectual property rights therein. You may not redistribute, sell, decompile,
reverse engineer, disassemble, or otherwise reduce the software to a
human-readable form.
Corporate Identification, Site Content & Trademarks
All trademarks, service marks and trade names of WizKids Inc used herein (including
but not limited to: the WizKids Inc/Mage Knight name, the WizKids Inc/Mage Knight
corporate logo, the WizKids Inc/Mage Knight Design, and the logo) are trademarks or
registered trademarks of WizKids Inc or its affiliates. You may not use, copy,
reproduce, republish, upload, post, transmit, distribute, or modify WizKids Inc
trademarks in any way, including in advertising or publicity pertaining to distribution of
materials on this website, without WizKids Inc's prior written consent. The use of
WizKids Inc trademarks on any other website or network computer environment is
not allowed. You may not use the WizKids Inc trademarks as a "hot" link on or to any
other website unless establishment of such a link is approved in advance.
Links to Third Parties
This website contains hyperlinks to other websites controlled by third parties. These
links are provided solely as a convenience to you and do not imply endorsement by
WizKids Inc of, or any affiliation with, or endorsement by, the owner of the linked site.
WizKids Inc is not responsible for the contents or use of any linked site, or any
consequence of making the link.
Fees
For all charges for any products and services sold on the website, WizKids Inc will bill
your credit card. In the event legal action is necessary to collect on balances due, you
agree to reimburse WizKids Inc for all expenses incurred to recover sums due,
including attorneys' fees and other legal expenses. You are responsible for purchase
of, and payment of charges for, all Internet access services and telecommunications
services needed for use of this website.
Submissions
WizKids Inc is pleased to hear from its loyal fans and welcomes your comments
regarding WizKids Inc products, including WizKids Inc's online services.
Unfortunately, however, WizKids Inc's long-standing policy does not allow it to accept
or consider creative ideas, suggestions, or materials other than those it has
specifically requested. We hope you will understand that it is the intent of this policy
to avoid the possibility of future misunderstandings when projects developed by
WizKids Inc might seem to others to be similar to their own creative work.
Accordingly, we must, regretfully, ask that you do not send us any original creative
materials without prior permission. While we do value your feedback on our services
and products, we request that you be specific in your comments on those services
and products, and not submit any creative ideas, suggestions, or materials.
Forums and Public Communication
"Forum" means a chat area, bulletin board, or e-mail function offered as part of the
WizKids Inc online presence. You shall not upload to, distribute through, or otherwise
publish through an WizKids Inc website any content which is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable that would constitute or encourage a criminal
offense, violate the rights of any party, or that would otherwise give rise to liability or
violate any law.
The forums shall be used only in a non-commercial manner. You shall not, without our
express written approval, distribute or otherwise publish any material containing any
solicitation of funds, promotion, advertising, or solicitation for goods or services. You
specifically acknowledge that soliciting other guests to join or become members of any
commercial online service or other organization is expressly prohibited. You must also
follow the house rules whenever you are using any WizKids Inc website.
It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy
of registration data (see our Security and Privacy Policy), we will not monitor, edit, or
disclose the contents of a guest's e-mail unless required in the course of normal
maintenance of the WizKids Inc website and its systems or unless required to do so
by law or in the good-faith belief that such action is necessary to: (1) comply with the
law or comply with legal process served on WizKids Inc; (2) protect and defend the
rights or property of WizKids Inc; or (3) act in an emergency to protect the personal
safety of our guests or the public. Guests shall remain solely responsible for the
content of their messages.
By uploading materials to any forum or submitting any materials to us, you
automatically grant (or warrant that the owner of such materials has expressly
granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate, create derivative works from and
distribute such materials or incorporate such materials into any form, medium, or
technology now known or later developed throughout the universe. In addition, you
warrant that all so-called "moral rights" in those materials have been waived.
Termination
These terms are effective until terminated by either party. You may terminate these
terms at any time by destroying all materials obtained from any and all WizKids Inc
website(s) and all related documentation and all copies and installations thereof,
whether made under the terms of these terms or otherwise. These terms will
terminate immediately without notice from WizKids Inc if in WizKids Inc's sole
discretion you fail to comply with any term or provision of these terms. Upon
termination, you must destroy all materials obtained from this site and any and all
other WizKids Inc site(s) and all copies thereof, whether made under the terms of
these terms or otherwise.
Disclaimer
Your use of and browsing of this website are at your own risk. EXCEPT AS OTHERWISE
PROVIDED ABOVE, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. WIZKIDS Inc MAKES NO WARRANTIES OR
REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND
SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY,
TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR
ANY PURPOSE. WIZKIDS Inc DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WIZKIDS Inc
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WIZKIDS
Inc) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold WizKids Inc and any affiliated WizKids Inc or
individual harmless from any and all liabilities, costs, and expenses, including
reasonable attorneys’ fees, related to any violation of these terms by you or your
authorized users, or in connection with the use of the website or the Internet or the
placement or transmission of any message or information on this website by you or
your authorized users. Members of any membership area on any WizKids Inc website
are entirely responsible for maintaining the confidentiality of their password and
account. Members are entirely responsible for any and all activities that occur under
their account and agree to indemnify, defend, and hold harmless the providers for any
liability or expense arising from such use or misuse. Members agree to immediately
notify the providers of any unauthorized use of their account or any other breach of
security known to them.
Limitation of Liability
IN NO EVENT SHALL WIZKIDS Inc OR ANY AFFILIATED WIZKIDS Inc OR INDIVIDUAL BE
LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE
DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE
CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR
OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF WIZKIDS Inc OR
AN WIZKIDS Inc AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
WIZKIDS Inc'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE.
No Endorsement
You shall not use WizKids Inc’ name or any language, pictures or symbols which
could, in WizKids Inc' judgment, imply WizKids Inc’ endorsement in any (i) written or
oral advertising or presentation, or (ii) brochure, newsletter, book, or other written
material of whatever nature, without prior written consent.
Force Majeure
Neither WizKids Inc nor you shall be responsible for damages or for delays or failures
in performance resulting from acts or occurrences beyond their reasonable control,
including, without limitation: fire, lightning, explosion, power surge or failure, water,
acts of God, war, revolution, civil commotion or acts of civil or military authorities or
public enemies: any law, order, regulation, ordinance, or requirement of any
government or legal body or any representative of any such government or legal
body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or
boycotts; inability to secure raw materials, transportation facilities, fuel or energy
shortages, or acts or omissions of other common carriers.
Governing Law
This Website is created and controlled by WizKids Inc in the State of Washington,
U.S.A. These disclaimers, terms, and conditions of use are governed by the laws of the
State of Washington. By using this website, you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes
arising out of or relating to the use of this Website. If any portion of these terms is
held to be unenforceable, the unenforceable portion shall be construed in accordance
with applicable law to the greatest extent possible to reflect the original intentions of
the parties, and the remainder of the provisions shall remain in full force and effect.
WizKids Inc’ failure to insist upon or enforce strict performance of any provision of
these terms shall not be construed as a waiver of any provision or right.
Additional Terms
Additional terms and conditions may apply to the purchase of product and other uses
of this website. By using this website, you agree to such terms and conditions.
Entire Agreement
These terms and conditions are the entire agreement between the user and WizKids
Inc and supersedes any prior understandings or agreements (written or oral).
Copyright Information
DC Comics
All Characters and related elements are trademarks of and © DC Comics.
(s07)
Marvel Comics
Marvel and all related characters and the distinctive likenesses thereof are trademarks of Marvel Characters, Inc., and are used with permission. ©2007 Marvel Characters, Inc. www.marvel.com
Indy HeroClix
The Invincible logo, Invincible, and all related characters, names, logos, and distinctive likenesses are trademarks of Robert Kirkman and Cory Walker. All artwork and text featuring Invincible and related characters ©2007 Robert Kirkman and Cory Walker. Image Comics and the Image “i” © Image Comics, Inc. 2007. Invincible published by Image Comics. All rights reserved.
Dark Horse/Hellboy
TM © (2007) Mike Mignola.
Alien vs. Predator
Alien vs. Predator TM & © 2004, 2007 Twentieth Century Fox Film Corporation. All rights reserved.
Star Wars
©2007 Lucasfilm Ltd. & TM. All rights reserved.
Halo
© 2008 Microsoft Corporation. Microsoft, Halo, the Halo logo, the Microsoft Game Studios logo, Xbox, Xbox 360, Xbox LIVE, and the Xbox logos are trademarks of the Microsoft group of companies. Bungie and the Bungie logo are trademarks or registered trademarks of Bungie, LLC.
This product is based on an “M” (Mature) rated product.
Disney
© Disney. All rights reserved.
WizKids
All other text, images, animation, videos, music, sound, website design, graphics, arrangements, and all software are trademarks of WizKids, Inc. ©2007 WizKids, Inc. All rights reserved.
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