ARCANE WONDERS
TERMS AND CONDITIONS OF USE
Date of Last Revision: July 31, 2012
Acceptance by Use
By accessing and browsing the arcanewonders.com and magewars.com domain and any website extensions (collectively, the “ARCANE WONDERS Website”) and/or utilizing any of its services, you are accepting these Terms and Conditions of Use (“Terms”) and the Privacy Policy, and that you have read and understood them.
We reserve the right to change these Terms at any time. The date of last revision will be posted at the top of the Terms. You are responsible for reading and evaluating the Terms as they are revised.
If you do not agree to the Terms, you are not permitted to browse the ARCANE WONDERS Website and/or utilize any of its services.
General
ARCANE WONDERS is a Texas based game publishing company. These Terms and the Privacy Policy apply to all aspects of the ARCANE WONDERS Website, including but not limited to all products, software, content, applications and services offered via the ARCANE WONDERS Website.
By accessing and browsing the ARCANE WONDERS Website, you agree that your use of the ARCANE WONDERS website is at your own risk. ARCANE WONDERS is not responsible for and does not regularly monitor the ARCANE WONDERS Website. ARCANE WONDERS is not liable for any personal injury or property damage, or any other harm or loss of any nature whatsoever, resulting from use and/or access of the ARCANE WONDERS Website. You understand and agree you may be exposed to communications, including but not limited to public posts and posts by ARCANE WONDERS, that are inaccurate, objectionable, offensive, or indecent, and you agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against ARCANE WONDERS with respect to the content.
By accessing and browsing the ARCANE WONDERS Website, you agree to the following:
• You are at least 18 years of age, or an emancipated minor, or have specific legal guardian or parental consent, and are fully able to enter into this legal, binding agreement, being the Terms.
• You affirm that you are over the age of 13. The ARCANE WONDERS Website is not intended for children 13 and under, and they are not permitted use.
• You will not transmit any bugs, viruses, trojan horses, bots, scrapers, or any like or related programming or software through or to the ARCANE WONDERS Website.
• You will not alter, modify, or change the ARCANE WONDERS Website or any portion of it, including security features, except as expressly permitted by ARCANE WONDERS.
• You will not engage in any illegal (contrary to applicable local, national and international laws) activities on, to, or through the ARCANE WONDERS Website.
ARCANE WONDERS will do its best to maintain the website and release accurate information through it. However, ARCANE WONDERS cannot guarantee the accuracy or completeness of the ARCANE WONDERS Website. ARCANE WONDERS is not liable for any: (1) errors, mistakes, opinions, or inaccuracies with regard to content; (2) any interruption or cessation of transmission to or from our website; (3) any errors or omissions in any content or for any loss or damage of any kind resulting from the use of any content posted, emailed, transmitted or otherwise made available through the ARCANE WONDERS Website; (4) any unauthorized access to our secure servers and the personal and/or financial information contained within; (5) any bugs, viruses, trojan horses and the like which may be transmitted to or through the ARCANE WONDERS Website by any third party.
The ARCANE WONDERS Website may contain links to third party websites. ARCANE WONDERS has no control over, and assumes no responsibility for, the content of any third party websites.
An Organizational Account is a retailer, game club or convention (collectively, “Organizations”) approved by ARCANE WONDERS to have such an account. ARCANE WONDERS does not endorse any Organizations.
ARCANE WONDERS has no control over and assumes no responsibility for any product, service or event offered by a third party through the ARCANE WONDERS Website, including Organizations. ARCANE WONDERS recommends using your best judgment and to exercise caution where appropriate.
ARCANE WONDERS does not endorse and is not responsible for the opinions, recommendations, or advice of any users of the ARCANE WONDERS Website. ARCANE WONDERS cannot and will not be responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any type of communication on or through the ARCANE WONDERS Website. ARCANE WONDERS will not be a party to or monitor, and assumes no responsibility for, any communication or results of communication between you and a third party, including but not limited to other Players and Organizations. ARCANE WONDERS recommends using your best judgment and to exercise caution where appropriate.
Accounts
In order to access some features of the ARCANE WONDERS Website, you may be required to register an account. By registering an account, you agree to the following in addition to all other applicable terms:
• You will use your own accurate personal information, and if applicable, financial information to register. You will not register on someone else’s behalf without their express permission.
• You will be responsible for all of the activity on your account, including the security of your account and communications and/or content (anything posted publicly or through private messaging on the ARCANE WONDERS Website to any other user).
• In the event of a security breach, you are still responsible for all of the activity on your account. Keep your password secure. ARCANE WONDERS recommends changing it periodically. In the event of a security breach (a hacked account), you will notify ARCANE WONDERS’s support staff immediately after discovery by emailing customerservice@arcanewonders.com, subject line ‘Hack’.
• Any communications and/or content, including but not limited to public posts and private messages (hereafter “CCs”) submitted through or on the ARCANE WONDERS Website is owned by you. By submitting CCs on or through the ARCANE WONDERS Website, you are acknowledging that ownership, that you have the right to it, and that you also give ARCANE WONDERS and all of its ARCANE WONDERS Website users the right to use the CCs in any manner they see fit anywhere, for free, and forever (a world-wide, non-exclusive, perpetual, sublicenseable, transferable, royalty free license). If you think someone does not have the right to the subject matter in a CC or CCs, please see the Copyright section for more information. Please also see the Privacy Policy regarding the confidentiality of CCs.
• You understand that you may be contacted by other account users in regards to ARCANE WONDERS games and related events. For more information, please see the Privacy Policy and the Organization Accounts sections.
• If you receive unwelcome private messages, you are solely responsible for stopping any further messages by blocking them.
• You are responsible for any actions you take and the consequences of those actions as a result of any CCs between you and ARCANE WONDERS or any ARCANE WONDERS account user.
• You agree that ARCANE WONDERS can associate your account name with your CCs.
• You will be respectful of other account users - none of your CCs will be obscene, threatening, defamatory, invasive of privacy, or in any other way injurious to any other user.
• You will not solicit personal information from account users.
• You will not spam (including commercial solicitation, except as expressly provided herein, political campaigning, chain letters and the like) other users.
• You will not use the account for commercial purposes, except as expressly provided herein and/or with express written consent from ARCANE WONDERS.
• ARCANE WONDERS reserves the right to remove or delete anything it feels is objectionable at its sole discretion without prior notice.
Code of Conduct
As part of ARCANE WONDERS’s commitment to make use of its websites (collectively, the "Site") and its products, services, features and functionality (the “Services”), a great experience for users to meet and interact with other gamers around the world, members and guests of the Site and users of the Services agree to abide by our Code of Conduct. You are responsible for knowing and abiding by these conduct rules, the Terms of Use, the Privacy Policy, and any additional operating guidelines to ensure that everyone feels welcome.
All community and social networking aspects of the Site and/or the Services are subject to the Code of Conduct (often referred to as “the CoC”). This includes, without limitation, account names, group/clan names, profile content, blog content and comments, chat and forum activity, e-mail or private messages to ARCANE WONDERS staff.
Violation of the Code of Conduct rules is grounds for your Site account(s) and/or Services to be terminated. Termination includes you forfeiting all product/content associated with and/or contained in your account(s) and being no longer permitted use of our online services or tools in any way. ARCANE WONDERS staff are the final judges of whether a member’s behavior qualifies as inappropriate or a disruption. This Code of Conduct is subject to change at any time at ARCANE WONDERS's sole discretion.
1. Choose your account’s screen names carefully. Screen names that are deemed offensive may be modified or deactivated without notice. For example:
• Names of offensive or notorious persons, controversial political figures, references to cultural tragedies or of significant religious or occult meaning
• Names containing profanity, obscene slang, graphic anatomical references, racial, ethnic, sexist, or religious slurs
• Names with word combinations that produce an offensive result
• Names of or references to illicit substances or drug-related paraphernalia
• Names with the intent or effect of harming the reputation of another
• Names including protocol prefixes and domain suffixes (e.g. http://, .org, .com)
• Names that impersonate the representation of a specific business or website, including any business or website you may operate or represent
• Proper names of ARCANE WONDERS staff or their titles Misspellings, phonetic, and alternative spellings of prohibited names are subject to modification or deactivation. Variations of a deactivated screen name, as may be evidenced by your declarations under a new screen name that you are "really" the deactivated name, may also be deactivated and the account holder may have his or her account terminated.
2. Do not use, post, distribute or link to obscene, pornographic, sexually explicit, graphically or gratuitously violent, derogatory, demeaning, malicious, defamatory, abusive, offensive, hateful or discriminatory language or content. This includes "masking" language by using alternative characters/spelling /spacing to get around profanity filters or claims of profanity filter “testing."
3. Do not harass, bully, threaten, harm or cause discomfort for other persons, including any other members. For example:
• Use hate speech or racial, ethnic, sexist, homophobic or religious slurs
• Harass a specific person (repeated flaming, personal attacks or posting their private information)
• Troll or bait the community in general with inflammatory statements, such as ones designed to elicit a negative response from the community
• Post or otherwise disclose any personal or private information of another person, or any confidential information pertaining to a business, without consent
4. Do not promote, plan, glorify or engage in any illegal activity or otherwise make available content that would encourage or provide instructions for a criminal offense. These topics include crimes relating to drugs, drug paraphernalia, rape, solicitation of a minor, computer hacking, and copyright violation.
5. Do not impersonate other persons, including members or ARCANE WONDERS staff, by screen name or self-representation, or attempt to obtain sensitive information from other members. For example:
• Falsely claim an official title or to hold position relating to the Site
• Falsely claim the representation of another business or website
• Fake an existing member’s screen name by using similar-looking characters
• “Spoof” or “emote” another member’s text in a chat room
• Falsely claim to be a law enforcement officer
• Solicit passwords or personal information from other members
6. Do not disrupt chat, forums, blog comments or other communication channels. For example:
• Spam through repeated posts, or off-topic content by word or intent to forums or comments (scrolling, flooding, polling, or by "bumping" a post more than once in 48 hours)
• Make off-topic posts or chat or trades in the wrong forums or chat rooms (casual chat or roleplay in rooms or forums not designated for these types of activities)
• Advertise trades or sales outside of the designated areas
7. Do not advertise. This includes:
• Advertising matches that card gamble/play for ante
• Advertising trades or sales outside of the designated areas
• Advertise or promote a business or commercial website outside of the designated areas including but not limited to, using account names that reference trading , or using account names referring to any business or commercial venture.
• Sending unsolicited commercial or purportedly informational messages to any members
8. Do not attempt to use or gain access to another's accounts or service, engage another member under false pretenses or otherwise defraud another member. Anyone linking to, posting, distributing or promoting hacks, modifications, viruses, or password mining websites may face legal action in addition to normal account penalties.
9. Do not attempt to artificially alter the outcome of a league, sanctioned event, or organized game. For example:
• Bribe or offer compensation in order to change the game outcome
• Stall, spam, harass, or behave in any unsportsmanlike manner that affects the game
Explanation of Disciplinary Escalation and Procedures
If you have demonstrated you cannot follow this Code of Conduct, the Website Terms of Use, or the Privacy Policy, then you member may lose access to ALL of your accounts and all associated content and screen names.
Moderators may issue formal warnings, by post, private message or email when a member has made a Code of Conduct infraction. Depending on the severity of the infraction, ARCANE WONDERS may issue a warning, timed suspension or termination of the account.
This explanation of disciplinary procedure is meant to be a guideline for members to understand what their status may be with regard to the process. It is only a guideline and ARCANE WONDERS may deviate from this procedure at any time in any manner it deems appropriate without notice. A specific chat, forum, list or online game situation may require other measures to ensure the family orientation of ARCANE WONDERS websites.
Organization Accounts
As an organization, you are agreeing to the following, as well as agreeing to following additional terms:
• You will only use your own organization’s accurate information on your account at all times. You acknowledge that as an organization account holder, your location information will be viewable by the general public. You acknowledge that the organization itself is responsible for the activities of the account, as well as the individual granted permission to operate or run the account on your behalf.
• You will be able to promote ARCANE WONDERS products and ARCANE WONDERS related events to other Accounts. You will not promote or solicit non-ARCANE WONDERS products or non-ARCANE WONDERS related events.
Online Store Accounts
By registering an Online Store account, you agree to the following, as well as all other applicable terms:
• ARCANE WONDERS cannot and does not warrant that product specifications, pricing, or other content on the ARCANE WONDERS Website is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, ARCANE WONDERS shall have the right to refuse or cancel any orders at its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.
• ARCANE WONDERS is the seller for all items on the ARCANE WONDERS Website. All items purchased from the ARCANE WONDERS Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
• If you have any questions in regards to your Online Store Account, please contact customerservice@arcanewonders.com.
Account Termination
ARCANE WONDERS reserves the rights to terminate any type of account at its sole discretion, without prior notice.
If you or your organization would like your account to be terminated, please email ARCANE WONDERS’s support team at customerservice@arcanewonders.com, subject line ‘Account Termination’. Deleting your account will not result in the deletion of public posts on the forums, or having your name disassociated with any such posts. Please see the Accounts section for information on how to request deletion of public posts.
Permissions
Provided you abide by the Terms, ARCANE WONDERS grants you permission to access the ARCANE WONDERS Website for personal use and/or limited commercial use as expressly permitted herein.
Warranty Disclaimer
The ARCANE WONDERS Website is provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, ARCANE WONDERS, its owners, operators, officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the ARCANE WONDERS Website and your use thereof.
Limitation of Liability
Under no circumstances, including but not limited to negligence, shall ARCANE WONDERS, its owners, operators, officers, directors, employees or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1)Use or inability to use the ARCANE WONDERS Website, including without limitation use of or reliance on information available on this ARCANE WONDERS Website, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance; (2) Errors, mistakes, opinions, or inaccuracies with regard to information available on the ARCANE WONDERS Website; (3) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (4) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (5) Any interruption or cessation of transmission to or from the ARCANE WONDERS Website; (6) Any bugs, viruses, trojan horses, bots, or the like, which may be transmitted to or through the ARCANE WONDERS Website by any third party; (7) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use on any content posted, emailed, transmitted, or otherwise made available via the ARCANE WONDERS Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not ARCANE WONDERS is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that ARCANE WONDERS shall not be liable for CCs, the content of CCs, or the defamatory, offensive, or illegal conduct of any other user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
The ARCANE WONDERS Website is controlled and offered by ARCANE WONDERS from its facilities in the United States of America. ARCANE WONDERS makes no representations that the ARCANE WONDERS Website is appropriate or available for use in other locations. Those who access or use the ARCANE WONDERS Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnification
You agree to indemnify and hold harmless ARCANE WONDERS and its owners, operators, officers, directors, employees, affiliates, assigns and agents, from and against any actions, claims, obligations, losses, liabilities, costs or debt, and expenses (including without limitation, attorney’s fees and costs) arising from or in connection with: (i) your use of and access to the website; (ii) your violation of any term or provision of these Terms and Conditions of Use; (iii) your failure to abide by applicable local, state, federal and international law; (iv) your violation of any other account user, player, or other third party right, including but not limited to any copyright, trademark, property, or privacy right; (v) any claim that one of your communications or private messages caused damages to a third party; or (vi) any breach of any representation, warranty, or agreement made by you in these Terms and Conditions of Use. This indemnification obligation survives these Terms and Conditions of Use and your use of this website.
You hereby release and waive any and all claims, liability, and causes of action against ARCANE WONDERS arising from or in connection with your use of the ARCANE WONDERS Website.
Copyright
The ARCANE WONDERS Website is published and maintained by ARCANE WONDERS.
Site Content and the Services are the proprietary property of ARCANE WONDERS, and are protected by copyright, trademark, and other intellectual property laws. ARCANE WONDERS graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of ARCANE WONDERS or its affiliates in the United States and/or other countries. These trademarks, registered trademarks, copyrighted material, and trade dress may not be used without the express written consent of ARCANE WONDERS, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits ARCANE WONDERS.
Unless otherwise specified, all software used on this site is the property of ARCANE WONDERS or its affiliates and is protected by United States and international copyright laws.
Any other intellectual property, as well as any information and material that appears on the ARCANE WONDERS Website belongs to ARCANE WONDERS, unless otherwise specified.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to ARCANE WONDERS or others without obtaining the prior written consent of the owner of such proprietary rights.
You agree not to copy and/or adapt the code used to generate the ARCANE WONDERS Website and all the graphic material that it offers, including buttons, bars, fonts, logos, photographs or other material not specified under these Terms, without the express permission of ARCANE WONDERS.
Assignment
These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ARCANE WONDERS without restriction.
Governing Law and Venue
The laws of the State of Texas govern all matters arising out of or relating to these Terms and Conditions of Use, without giving effect to conflicts of law principles thereof. You submit to the exclusive jurisdiction if the state and federal courts of the State of Texas for resolving any claim or dispute arising out of or relating to these Terms and Conditions of Use. You agree that: (i) the website shall be deemed solely based in the State of Texas; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over ARCANE WONDERS, either specific or general, in jurisdictions other than the State of Texas.
Entire Agreement
These Terms and Conditions of Use, together with the ARCANE WONDERS Privacy Policy incorporated herein by reference, constitute the entire agreement between you and ARCANE WONDERS with respect to the website, and supersede and replace any other agreement, document, correspondence, negotiation, conversation, or other written or oral understanding between you and ARCANE WONDERS with respect to the subject matter of this agreement.
Severability
If any term or provision of these Terms is held void, invalid, inoperative, or otherwise unenforceable by a court of competent jurisdiction, then no other term or provision will be consequently affected, and the remaining terms and provisions will remain in full force and effect.
Miscellaneous
The captions contained herein are for reference purposes only and are not part of this agreement.
ARCANE WONDERS reserves the right to discontinue any aspect of the website at any time.
ARCANE WONDERS reserves all rights not expressly granted herein.
You agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action occurs. Otherwise, such cause of action is permanently barred.
Nothing in the Terms and Conditions of Use shall be deemed to confer any third party rights or benefits.
Privacy Policy
ARCANE WONDERS is committed to protecting your privacy. This privacy policy applies to the ARCANE WONDERS Website and governs data collection and usage at all ARCANE WONDERS Website services; it does not apply to other online or offline sites, products or services. Personal information of all users is collected, used and disclosed as described below:
Collection of your Personal Information
As an e-commerce and community website, ARCANE WONDERS collects personal information, such as but not limited to your e-mail address, name, home or work address and/or telephone number.
Use of your Personal Information General
Personal information collected by ARCANE WONDERS from an Account, including, but not limited to, the zip code and games lists, is used for community and geographical search functions and product use data compilation. Personal information collected by ARCANE WONDERS from an online store account is used for the purpose of billing and shipping your online purchases.
ARCANE WONDERS does not sell, rent or lease its customers’ personal information to third parties. It is possible that ARCANE WONDERS may use personal information to inform you of other products and services available from ARCANE WONDERS and its affiliates. ARCANE WONDERS may also contact you via surveys or other means to conduct research about your opinion of current services or potential new services that may be offered. In those cases, your personal information is NOT released by ARCANE WONDERS.
ARCANE WONDERS occasionally hires other companies to provide limited services on its behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions, or performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.
ARCANE WONDERS does not collect, use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
ARCANE WONDERS may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on ARCANE WONDERS or the site; (b) protect and defend the rights or property of ARCANE WONDERS, including its web site; or (c) act under extenuating circumstances to protect the personal safety of users of the ARCANE WONDERS Website or the public.
Personal information collected on this site may be stored and processed in the United States or any other country in which ARCANE WONDERS or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country. ARCANE WONDERS abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.
Any CCs (please see the Accounts section in the Terms for definition of CCs) between you and ARCANE WONDERS or any other user are not confidential, and ARCANE WONDERS cannot be and is not responsible for maintaining any sort of confidentiality of CCs.
Security of your Personal and Financial Information
ARCANE WONDERS is committed to protecting the security of your personal and/or financial information. We use a variety of security technologies and procedures to help protect your personal and/or financial information from unauthorized access, use, or disclosure. For example, we store the personal and/or information you provide on computer systems with limited access that are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the internet, we protect it through a secure payment gateway.
