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Official Worlde of Legends™ Terms of Use

Terms of Use Last Updated: February 1, 2016

 

A.   INTRODUCTION

       1.   Welcome to Worlde of Legends™, a tabletop fantasy roleplaying game. Worlde of Legends™ and its affiliates, licensors and third party partners (collectively, “WoL™", “we” “us” or “our”) have created these Terms of Use to govern:

              a.    your use of WoL™’ various consumer websites, web pages, social media accounts, and/or other online representation (collectively, “Websites”);

              b.   your interactions with us including, without limitation, registering an account, participating in organized play, contacting us, and/or posting in our forums (collectively, “Services”); as well as

              c.    your purchase, playing, or other use of our printed and/or electronic products, including but not limited to game rules, game supplements, and creative materials (collectively, "Games" (all three of which are hereinafter collectively known as "Products").

       2.   Acceptance. Your use of our Products constitutes your acceptance of these Terms of Use as well as WoL™’ Privacy Policy and Code of Conduct (both found in this document)(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 Products after any such update constitutes your acceptance of such update. The Products, separately, may also contain additional terms that govern particular features or offers (for example, sweepstakes or special functionality).

       3.   Precedence. In the event that these Terms of Use conflict with additional terms and conditions, these Terms of Use shall control.

       4.   Agreement. By using our Products, you:

              a.     acknowledge and agree that you have read and understand these Terms of Use,

              b.   agree to be bound by them, and

              c.    that you have the ability and authority to accept them.

       5.   Authorization. If you do not agree with these Terms of Use or are unable to accept them, you are not authorized to use our Products in any way.

B.   A NOTE TO PARENTS REGARDING APPROPRIATE AGE

       1.   Appropriate Age. WoL™ strives to create the best and safest gameplay experiences for gamers of all ages. To that end, we require that those wishing to create an account, if accounts are available, must be at least thirteen (13) years old, or have their parent or guardian’s express written consent. Please be aware that certain aspects of the Products 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 utilizig our Products, you assume all risk.

       2.   Parental Supervision. We encourage parents to supervise their children's use of our Products and maintain open communication with them regarding appropriate online content and activities.

C.   GENERAL TERMS

       1.   Use of Products.

              a.    License. Subject to your compliance with these Terms of Use, the Products and other WoL™’ offerings are provided to you on a nonexclusive, fully revocable basis, and solely for your individual and non-commercial use. WoL™ may terminate or suspend any or all portions of the Products 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 WoL™), or copy or transfer any part of the Products; (ii) probe, scan or test the vulnerability of the Products, 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, if applicable, in any way and for any reason; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Products, specifically including the Websites and Services; (v) use any device, software or program to interfere or attempt to interfere with the proper working or authorized uses of the Products, or with any other person's use of the Products; (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 Products in an illegal manner or for any unlawful purpose; or (ix) violate any applicable rules, policies, guidelines, or these Terms of Use.

              c.    Commercial Use Restrictions. The Products are for your personal use and may not be used in connection with any commercial endeavors. Illegal or unauthorized use of the Products including collecting customer personal contact information for the purpose of sending unsolicited email is strictly prohibited. Commercial advertisements (via emails, forums, social media, online search engines, etc.) and other forms of solicitation in violation of these Terms of Use may be removed from the Products without notice and may result in termination of your account.

              d.   Alpha/Beta Testing. The Services may include alpha or beta testing or other play testing of Products, features, functionality, and all components thereof (whether in final or pre-release form). Except to the extent otherwise provided in another agreement between you and WoL™, 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.

              e.   Consent to Account Access. To ensure that WoL™ can provide high-quality services that are responsive to your needs, you understand that WoL™ representatives will have access to your account (if such accounts are offered), Websites usage, Registration Data (if applicable), 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.

       2.   Fees and Payments. WoL™ uses third party payment providers (e.g., Square, PayPal, etc.) to authenticate payment when you purchase our Products. WoL™ 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 WoL™, 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.

       3.   Links to Other Sites. The Products 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.

       4.   User Content.

              a.    Grant of License of 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 Products (collectively, your "User Content"). By posting or submitting any User Content to or through the Products, you hereby irrevocably grant to WoL™ 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.

              b.   User Content Warranties. You represent and warrant that:

                     1)   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 Products;

                     2)   the User Content is accurate and not misleading;

                     3)   the User Content and your use of such User Content does not violate any law, rule or regulation;

                     4)   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;

                     5)   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 Products; and

                     6)   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.

              c.    Responsibility of User Content. You are solely responsible for the User Content that you post, store or upload on or through the Products. WoL™ does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded on or through the Products; however WoL™ 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, WoL™ may remove any User Content that in the sole judgment of WoL™ violates these Terms of Use.

       5.   Intellectual Property Ownership.

              a.    Rights Granted to You. The Products (including all WoL™’ generated content residing thereon) are the sole property of WoL™, and are protected by copyright, trademark, and other intellectual property laws (hereinafer collectively known as WoL™ "Intellectual Property”). You are granted a limited, revocable, non-sub-licensable right to access and use WoL™ Intellectual Property solely in connection with your personal and non-commercial use of the Products.

              b.   Use of Intellectual Property. Any use of WoL™’ Intellectual Property other than as specifically authorized by WoL™ is strictly prohibited and will terminate the rights granted herein. All goodwill generated by your use of WoL™ trademarks shall automatically inure to the benefit of WoL™.

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

       6.   No Warranties.

              a.    Disclaimer of Warranty. WoL™ PROVIDES THE WEBSITES, THE SERVICES, THE PRODUCTS, ACCOUNTS AND ALL OTHER FEATURES, MATERIALS AND DOCUMENTATION "AS IS." WoL™ 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.

              b.   Continuous Operation. 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. WoL™ 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. WoL™ 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, WoL™ specifically disclaims any liability resulting therefrom. You acknowledge that the Websites and the Services have not been developed to meet your individual requirements. WoL™ disclaims suitability of the Products for any purpose. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control.

              c.    Omissions and Inaccuracies. Because of the number of possible sources of information used to create the Product, and the inherent hazards and uncertainties of electronic distribution or retail products, there may be omissions or inaccuracies in Product.

              d.   Exception to Disclaimer of Warranties. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.

       7.   Limitation on Liability.

              a.    Indemnification. IN NO EVENT SHALL WoL™, 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 Products (AND ANY COMPONENTS THEREOF), YOUR ACCOUNTS, ANY FUNCTION OR FEATURE AVAILABLE, ACCESSED, DISTRIBUTED OR VIEWED THROUGH THE WEBSITES, THESE TERMS OF USE, THIRD PARTY Products ACCESSED, DISTRIBUTED OR ADVERTISED IN OR THROUGH THE Products, 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.

              b.   Liability Limit. THE TOTAL AGGREGATE LIABILITY OF WoL™, OUR LICENSORS OR ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $10.00 (USD). YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST WoL™, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE WoL™ 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 WoL™, 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 PRODUCTS.

       8.   Submissions for Inclusion in Products.

              a.     How to Submit Ideas. All submissions for inclusion in Products are subject to these Terms of Use, and must be accompanied by a Worlde of Legends™ Disclosure, Release, and Assignment Form, by email or written form, to the WoL™ Design Team at the address listed at the bottom of this document in the Section named "Notices" and shown on the Contact page found in all Products.

              b.   Assignment of Rights. WITH RESPECT TO ANY SUCH SUBMISSIONS YOU PROVIDE THAT WoL™ ACCEPTS, YOU HEREBY GRANT TO WoL™ 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.

              c.    Required Documentation. All forms or other documentation required for submission of ideas for inclusion in Products can be found on the "Downloads" page of the Websites.

       9.   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 WoL™ in response to a request for such materials ("Feedback") are non-confidential and shall become the sole property of WoL™. 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 WoL™' Privacy Policy.

       10. Communication Services.

              a.    Description of Communication Services. The Products 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 Products (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.

              b.   User Responsibility of Communication Services. 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.

       11. Termination and Survival.

              a.    Right to Terminate. You may cease using the Products at any time. WoL™ may, at any time, for any reason, and at its sole discretion, deactivate or discontinue any part of the Products with or without notice to you. In addition, WoL™, at its sole discretion, may immediately terminate your right(s) to use Products without notice if: (a) you breach any provision of these Terms of Use; (b) you infringe any third party intellectual property rights; or (c) WoL™ is unable to verify or authenticate any information you provide to WoL™. Upon termination of your right(s) to use Products, all rights granted to you under these Terms of Use will immediately terminate with no further obligations or liability to you.

              b.   Survival. The following sections of these Terms of Use together with any licenses granted to WoL™ hereunder, will survive termination for any reason: Intellectual Property Ownership, No Warranties, Limitation on Liability, Submission for Inclusion in Products, Feedback, and Other Terms.

       12. Infringements.

              a.    Definition of Infringement. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to WoL™ or others without obtaining the prior written consent of the owner of such proprietary rights.

              b.   Consequences of Infringement. It is the policy of WoL™ 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 WoL™ 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.

              c.    Reporting Alleged Infringement. 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 at the bottom of this document in the sectio titled "Notices".

                     1)   your name, address, telephone number, and e-mail address;

                     2)   a description of the work that you claim has been infringed;

                     3)   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);

                     4)   the exact URL or a description of each place where alleged infringing material is located;

                     5)   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;

                     6)   your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and

                     7)   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.

D.   PRIVACY POLICY

       1.   What Does This Privacy Policy Apply To? This Privacy Policy applies to all Websites operated or controlled by WoL™ including www.worldeoflegends.com and our customer service program. USING THE WEBSITES OR CONTACTING CUSTOMER SERVICE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO OUR PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITES.

       2.   What Information Does WoL™ Collect?

              a.    WoL™ collects information from you on a voluntary basis when you:

                     1)   create a profile to participate in WoL™ community features if such features are available

                     2)   create an account if such accounts are available

                     3)   participate in WoL™ sponsored tournaments or other organized play

                     4)   shop at one of our affiliate online stores

                     5)   give credit card information to make purchases from our Websites

                     6)   enter a shipping and billing address when making a purchase

                     7)   participate in contests, events, or promotions

                     8)   send questions or comments to WoL™ customer service

                     9)   submit your resume to us online

                     10) fill out online surveys

                     11) submit ideas for inclusion in products

                     12) exchange any other correspondence with WoL™

              b.   While WoL™ may collect credit card data from its customers from time to time, it will also use third party credit card processing companies to process your payment transactions. When using such a third party processing company, WoL™ will not have access to your credit card data. The requested information may include personal information such as your name, email address, birth date, telephone number, and home address. In addition, we may request demographic information such as your age, gender, and household data.

              c.    WoL™ also collects information from you at other points on the Websites, as described below:

                     1)   Message Boards, Forums, Blogs and Social Networking.

                            a)   WoL™ may provide message boards, blogs and other public forums on the Websites for exchanging information and social networking. Please note that any information, user content or any other materials that you post on our Websites, including any information from Your Profile that you choose to make public, will be available for any user of that service to read, and are therefore no longer private and may be disclosed without limitations as to use by a third party. If you post information, materials or other content on the Websites or other public forum, you are providing information that can be collected and used by others that you do not know, for their own purposes, including the distribution of unsolicited communications.

                            b)   If you wish to review, correct, or delete content or information you have publicly posted through our message boards, forums, or blogs, if such services are available, you may do so by visiting the individual post and selecting the “Edit” or “Delete” options. Alternatively, you may contact us here on this website with your request. Please note that removal of this content or information from public view does not guarantee complete or comprehensive removal. After your removal request has been honored, we may retain copies of the content or information you have previously posted on our servers. Additionally, we are not required to remove your posted content or information if it has been rendered anonymous or if we are required by law to retain it.

                     2)   Online Stores. Visitors purchasing goods and services through one of our affiliate online stores will need to provide a valid credit card number and expiration date, in addition to name, mailing address, phone number and email address.

                     3)   Promotions. To participate in some of our promotions, you may be asked to provide an email address or screen name, so that we can let you know if you won a prize. For other WoL™ promotions, we may request your name and home address in order to send you products or information by regular mail.

                     4)   Customer Service. When you contact customer service you may be asked to provide us with personal information such as your name, telephone number, address and email. We collect this information as part of our customer service efforts and it is used to confirm your identity, respond to your inquiry or comments, for training purposes, and to assist us in providing better products and services.

                     5)   Resumes. Personal information collected from resumes is not subject to this Privacy Policy. However, we can assure you that such information will be used solely for the purpose of accepting and evaluating candidate submissions for job postings.

                     6)   Online Surveys. In order to improve the user experience at our Websites, we may employ online surveys for visitors to volunteer anonymous demographic information about themselves and provide us feedback about why they visit our Websites and what we can do to make them better. Information collected through these surveys is anonymous; we cannot identify who is submitting the information or tie it to other personally identifiable information a user may have provided us through another means.

              d.   Whatever the activity may be, we will only collect information to the extent it is reasonably necessary to fulfill your requests and our legitimate business objectives. If you do not want to submit personal information when requested, you will not be able to access certain areas on our Websites or take advantage of certain features of our Products. However, you do not need to provide personal information to WoL™ in order to use our Websites.

       3.   Social Media.

              a.    You can also engage with our content on or through third-party social networking websites, such as Facebook, Instagram, and Twitter (or third-party social media plug-ins and applications). When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information from your social media profile (e.g., name, email address, photo, gender, birthday, location, your list of friends, people you follow and/or who follow you, the posts or the ‘likes’ you make) to deliver the content or as part of the operation of the application. We may also obtain non-personally identifiable information (e.g., content viewed, game performance, high scores, and information about advertisements within the content you have been shown or may have clicked on) from your interaction with our content.

              b.   When you provide information from your social media account, it can help enable us to do things like:

                     1)   give you exclusive content,

                     2)   personalize your online experience with us within and outside our Websites (and or applications), and

                     3)   contact you through the social networking Websites or directly by sending you the latest news, special offerings, and rewards. By doing so, you consent to the use of this information in accordance with this Privacy Policy. When you provide personal information to us through an application, on our Websites, or on social networking websites, it may be publicly viewed by other members of these websites and we cannot prevent further use of the information by third parties.

              c.    Through some social networking websites’ privacy settings, you can control what data you share. For more information about how social networking websites handle your personal information, please refer to their respective privacy policies and terms of use.

       4.   Clear GIFs, Cookies and IP Addresses.

              a.    Clear GIFs, sometimes called "web bugs" or “pixel tags,” or “web beacons” are file objects, usually a graphic image such as a transparent one pixel-by-one pixel GIF (Graphics Interchange Format, one of the two most common file formats for images on the Web), that are placed on a web page or in an email message to monitor user behavior. The GIF tells us the IP address of the computer that fetched our page, the URL of the page the GIF is on, the time the page was viewed, the type of browser used, and it can also identify a previously set cookie value, and how and where a user accessed a website. This anonymous information is returned by the clear GIF to a WoL™ affliate and we use this information to accurately count visitors across our Websites and understand how they navigate and use our network of Websites. We not combine information gathered through clear GIFs with your personal information.

              b.   We may use "cookies" to enhance your experience at our Websites and to understand how you interact with our Websites, products and services. Cookies are pieces of information that we place on your computer to help us accurately understand how many consumers are visiting a particular site, how often they visit that site and what content they are most interested in viewing. For example, a cookie will allow us to remember certain things based on your Internet Protocol or "IP" address (an IP address is the string of numbers that identifies each sender or receiver of information that is sent across the Internet), such as the time and duration of your visits, how you navigated through our content and where you exited a particular site. To learn more about how we use cookies, please visit our Cookie Policy.

              c.    WoL™ Websites may collect IP addresses for the purposes of system administration, to report aggregate information to our advertisers, and to audit the use of our Websites. When visitors request pages on one of our Websites, our servers log the visitors' IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a user's session will be logged, but the user remains anonymous to us. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our community rules, Code of Conduct, or posted Terms of Use, or to protect our Products, customers, or others.

       5.   Log Files. Other information that may be passively collected by WoL™ is in the form of log-files that record web site activity and gather statistics about web users' browsing habits. These entries, if used, are generated anonymously, and help WoL™ determine (among other things) how many and how often users have visited our Websites, which pages they've visited, and other similar data. We also use the log file entries for our internal marketing and demographic studies, so we can constantly improve the online services we provide you. These logs, when utilized, are usually generated by third party affiliates such as Google or web hosting providers.

       6.   Who is Collecting My Information and How Will It Be Used?

              a.    We, or our third party partners and service providers, collect information you provide through our Websites or when you interact with us. We may use the information you submit to us to send you advertising or promotional materials including information about new products, contests, features and enhancements, special offers and other events of interest. We may also use your personal information for our internal research and demographic studies, so we can constantly improve our products and services. The demographic information (e.g., age and gender) you provide us is collected by WoL™ and may be disclosed in aggregate to third parties. This aggregate demographic information cannot be used to personally identify you or your computer.

              b.   Third parties who fulfill online services such as hosting or customer service may collect the personal information you provide through our Websites. These third parties will not use your personal information for any purpose other than to provide the related services, and have agreed to maintain confidentiality, surveys, security, and integrity of your personal information.

       7.   With Whom Does WoL™ Share My Personal Information?

              a.    WoL™ may share your information with its related entities including its parent and sister companies. WoL™ may also share personal information with third party service providers who assist us with operating our Websites or provide us with various services (e.g. organized play, community operations, online product fulfillment, prize payments, email services, marketing and promotional services, or technical support). These entities will not use your personal information for any other purpose than that for which it was received by WoL™, and they agree to maintain the confidentiality, security and integrity of all information (personal or otherwise) they receive from us.

              b.   WoL™ also may disclose your personal information in order to fulfill a service to you. For example, if you are entering a contest, we may use your personally identifiable information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. Also, if you make a purchase on one of our Websites, your credit card data may have to be disclosed to an unaffiliated third party payment processing company as necessary to complete your purchase (for example, to process your credit card). In the event that such data is shared, WoL™ will take all reasonable steps to ensure applicable third parties adequately protect the data.

              c.    We may disclose personal information in the good faith belief that we are required to do so by law including, but not limited to, disclosure to law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability.

              d.   Except as set forth herein, WoL™ does not sell or rent personal information collected from and about its customers (including children under 13) to third parties. However, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, WoL™' customer information may be transferred to WoL™' successors or assigns.

       8.   International Transfers of Information.

              a.    WoL™’ servers reside in the United States. If you choose to provide us with personally identifiable information (e.g., through email, account creation, participating in WoL™ sponsored tournaments or other organized play, or by contacting customer service), such information may not only be shared with our partners, affiliates, and third party service providers (as provided in this policy), it may also be transferred across borders, and from your country or jurisdiction to other countries or jurisdictions around the world.

              b.   If you reside in the European Union or in countries with laws governing data collection and use that differ from the United States, please note that by providing WoL™ with your personally identifiable information, you are expressly consenting to the transfer of your personally identifiable information to the United States as well as other jurisdictions where WoL™ conducts business or provides services.

       9.   Linking to Third Party Websites. To provide relevant information not found on our Websites and to facilitate online shopping, WoL™ may provide links from our Websites to third party Websites. We encourage our users to read third party Websites' privacy policies before submitting personal information.

       10. Opt-Out. If you do not want WoL™ to send you information about products, services or events, you may opt-out of receiving such communications at the time of registration. After registration, you may opt-out by following the link provided in a WoL™ email or by contacting customer service. Notwithstanding the foregoing, WoL™ reserves the right to contact you with updates relating to your account, the Terms of Use, the Code of Conduct or this Privacy Policy. To opt-out of receiving communication, please contact us here.

       11. Safeguarding Your Personal Information. WoL™ only collects personal information to the extent deemed reasonably necessary to serve legitimate business purposes and to facilitate your requests. We take appropriate steps to ensure the security and integrity of any information you provide to us by using industry standard security processes and technology. When you provide information to WoL™, such information is collected through secure and encrypted connections hosted by our backend technology and servers.

       12. Review, Update and Removal of Personal Information. If you have registered an account, if such accounts are available, you may at any time review or update the contact information we have for you or inform us that you want us to remove your information from our database by contacting customer service. Please be sure to include in your message the name of the feature for which you registered and the email address you used to register so that we can verify your request. To make such a request, please visit our Contact page.

       13. Your California Privacy Rights. Beginning on January 1, 2005, California Civil Code Section 1798.83 permits customers of WoL™ who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. We do not share our customer’s personal information with unaffiliated third parties for their own direct marketing purposes. Additionally, you may make a request to “be forgotten” from our Websites. Upon such a request, with the exception of organized play statistics, we will remove all information regarding your account. To make such requests, please contact customer service at the address shown in the "Notices" section below.

       14. Questions and Complaints. Any questions or complaints about WoL™ or this Privacy Policy can be addressed by contacting Customer Service at the address shown below in the "Notices" section below.

       15. Right to Change Privacy Policy. We reserve the right to change this statement at any time. Please visit this page from time to time to check for changes. For additional information about our Websites, please see our Terms of Use.

       16. A Note to Parents. WoL™ has developed its Websites to be an enjoyable experience for children (and adults) of all ages. We recognize that some younger children may not understand some of the information contained on the Websites or how the Websites operate. That is the purpose of the Privacy Policy. Please discuss this statement with your children so that they will better understand how to use the Websites and the information they may be asked to provide. WoL™ strongly believes that providing its visitors with accurate and adequate notice about the Websites will lead to informed choices and decisions about how to use the Websites, as well as protect its users' privacy. If you have any questions or comments about our policy, please contact us using the Contact Information provided below. For all other issues, including reviewing, correcting or deleting your child’s information, please contact Customer Service at the address shown in the "Notices" section below.

       17. Teenagers (Ages 13-17). WoL™ may collect personal information from users over 12 and under 18 (each a "teenager"). When a user in this age category submits personal information, WoL™ may, but has not obligation, to request a parent or guardian's email address to notify the parent or guardian of the teenager's activity. Personal information collected from these visitors is subject to the policies set forth above.

       18. Children Under 13. WoL™ Products are not intended for children under the age of 13. Children under the age of 13 using WoL™ Products do so at their own risk and WoL™ assumes no liability for said use.

E.   OTHER TERMS.

       1.   Language. It is the express wish of the parties that these Terms of Use and all related documents have been drawn up in English. 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.

       2.   Compliance with Law.

              a.    United States Export Controls. You will comply with all applicable laws regarding your installation, copying and use of the Products. Without limiting the foregoing, software available in connection with the Products 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.

              b.   Risk of Use Outside the United States. Downloading or using any software outside the United States 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. Contact your local government for more information regarding export laws with the United States if you have questions.

       3.   Equitable Remedies. You hereby agree that WoL™ would be irreparably damaged if these Terms of Use were not specifically enforced. Therefore, you agree that WoL™ 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.

       4.   Severability and Waiver. 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 WoL™ 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 WoL™' 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.

       5.   Modification. These Terms of Use may be amended, altered or modified at any time and for any reason by WoL™ 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 Products.

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

       7.   Force Majeure. WoL™ 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, alien invasion, terrorism, riots, the zombie apocalypse, the black plague (or other viral or infectious disease outbreak), embargoes, explosion of the sun or impact of heavenly bodies on this earth, acts of civil or military authorities, resurgence of dinosaurs, fire, floods, landslides, hurricanes, tornadoes, accidents, strikes, or shortages of transportation (facilities, fuel, energy, labor or materials).

       8.   Governing Law.

              a.    Venue and Jurisdiction. You agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Products or WoL™ will be decided by binding arbitration. All disputes between you and WoL™ of any kind or nature arising out of these Terms of Use or your use of the Products, shall be submitted to Louisiana registered attorney for binding arbitration under its rules then in effect in the state of Louisiana and to be conducted in the State of Louisiana 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 WoL™, 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.

              b.   Time Limit to Bring Claims. These Terms of Use and your interactions with WoL™ (including your use or inability to use the Products) 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 WoL™, the use (or lack thereof) of any of WoL™ 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 Products (including your use, or inability to use the Products) or any other interaction you may have with WoL™, be instituted more than one (1) year after the cause of action arose.

              c.    New Zealand Residents. If you access the Products from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the Products as supplied by WoL™. 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 Products 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.

              d.   Enforcability and Serverability. 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.

       9.   Notices. All notices given by you or required under this Terms of Use shall be in writing and addressed to:

              a.    Worlde of Legends™, ATTN: Customer Support, P.O. Box 9152, Prairieville, LA 70769.

              b.   Electronic submission of notices given by your or required under this Terms of Use is prohibited unless otherwise specified in these Terms of Use.

       10. Trademark and Copyright Notification. © 2000 - 2016. Worlde of Legends™. All Rights Reserved. Unless otherwise indicated, all trademarks appearing on the Products are the property of Worlde of Legends™. All rights reserved. All artwork, images, text, proprietary software and other copyrightable images are the copyrights of Worlde of Legends™. All rights reserved. All other trademarks and copyrightable content are the property of their respective owners and used under license.

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