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").
4. Agreement. By using our Products, you:
b. agree to be bound by them, and
c. that you have the ability and authority to accept them.
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.
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
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.
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.
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.
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.
11. Termination and Survival.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
a. Worlde of Legends™, ATTN: Customer Support, P.O. Box 9152, Prairieville, LA 70769.
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.