Magic: The Gathering – Puzzle Quest:
END USER LICENSE AGREEMENT
Last updated January 1, 2016
Magic: The Gathering – Puzzle Quest
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA”), WHICH IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE END USER (“YOU”), AND D3PUBLISHER OF AMERICA, INC. (D.B.A. D3 Go!) AND ITS AFFILIATES (COLLECTIVELY, “D3PA”, “WE” OR “US”), CAREFULLY BEFORE USING THE MAGIC: THE GATHERING – PUZZLE QUEST MOBILE GAME PROVIDED BY D3PA (THE “GAME”). BY DOWNLOADING OR USING THE GAME, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT CLICK “ACCEPT” OR OTHERWISE DOWNLOAD OR USE THE GAME.
Scope of License. This EULA is a non-exclusive, limited, nontransferable, non-sublicensable, terminable license to use the Game on mobile devices that you own or control and as permitted by the usage rules of the Mobile Platform Operator, or other terms and conditions applying to your mobile device. This EULA does not allow you to use the Game on any device that you do not own or control, and except as provided in the terms and conditions relating to your device, you may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Game and, if you sell your device to a third party, you must remove the Game before doing so. You may not copy (except as expressly permitted by this EULA and the terms and conditions for your mobile device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game or any part thereof (except as and only to the extent that any forgoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Game). Any attempt to do so is violation of the rights of D3PA and D3PA’s licensors. If you breach this restriction, you may be subject to prosecution and damages.
Intellectual Property. All content included in the Game, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software (but not including any content posted by users) is owned by D3PA or D3PA’s licensors and protected by applicable copyright and other intellectual property laws. The Game may include registered and unregistered trademarks owned by or licensed to D3PA, which may not be copied, imitated or used, without the prior written permission of D3PA.
Charges. If there is a charge associated with the Game, you agree to pay that charge. If the Game is free, there may still be charges for additional content within the Game, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your mobile device’s settings. Certain devices may keep you logged on for a period of time after you download the Game (or after you make a purchase through the Game). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. Prices for the Game exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Game even if the Game itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Game. Any amounts paid for the Game or virtual items or virtual currency are non-refundable, except as expressly set forth in this EULA. You understand that all purchases and charges made by you are final. You are not entitled to any refund or return for products sold for any reason. Any election to honor a refund or return shall be made at our sole discretion.
Registration; Password. When you register for a D3PA account, you will choose a user ID and password. It is your responsibility to keep your user ID and password confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to use the Game, you should update your profile to reflect the changes.
Minor Users. D3PA relies upon parents and guardians to determine if the Game is appropriate for the viewing, access or purchase by persons under the age of 18. We do not intend the Game to be viewed or used by children under the age of 13. By using the Game, you represent and warrant that you are age 13 or older. You agree to monitor use of your account by persons between the ages of 13 and 18, including responsibility for any use of your credit card or other payment instrument.
Virtual Currency and Virtual Goods. The Game may include “virtual currency,” consisting of coins, points or similar items that may be earned or obtained through the Game or otherwise purchased by you using actual (‘real world’) currency, subject to applicable law. The Game may also include “virtual goods,” consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through the Game or otherwise purchased by you using actual or virtual currency, subject to applicable law. We can manage, regulate, control, modify or eliminate virtual currency and/or virtual goods, including the price thereof, at our discretion, and will have no liability to you or any third party for any of such actions. You have no right, title, or interest in or to any virtual goods or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Game, virtual goods and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us. You agree that the transfer of virtual currency and virtual goods is prohibited except where expressly authorized in the Game. Also, outside of the Game, you may not sell, redeem or otherwise transfer virtual currency or virtual goods to D3PA, any other user of the Game or any other party. You agree that all sales of virtual currency and virtual goods are final and non-refundable, unless we or the applicable Mobile Platform Operator decides in its sole and absolute discretion to provide a refund. You agree that in the event that this EULA, your account or the Game is terminated for any reason, which may include, without limitation, our discontinuation for any reason of the applicable portion of the Game, you will forfeit all virtual currency and virtual goods, and we will have no liability to you for such forfeiture.
User Content. The Game may invite or enable you and other users to create, submit, post display, transmit, perform, publish or distribute communications, content and materials by e-mail or through online forums, message boards, social media platforms, messaging services, blogs or other functionality of the Game or portions thereof. D3PA has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to the Game, you represent and warrant that you have all rights, including under copyright, to do so, and that such content is not illegal, defamatory or pornographic. You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to D3PA a worldwide irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Game or by any other means. You further hereby irrevocably grant to D3PA the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights to attribution and/or any moral rights you may have in user content, regardless whether user content is altered or changed in a manner not agreeable to you. We have no obligation to monitor, verify, correct or remove user content, although we reserve the right to do so in our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other intellectual property or proprietary rights in any user content.
Certain third party services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the third party services, You acknowledge and agree that D3PA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. D3PA does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person with respect to any third party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any third party services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the third party services, You should consult with a financial professional. Location data provided by any third party services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither D3PA, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any third party services.
You agree that any third party services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the third party services. No portion of the third party services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the third party services, in any manner, and You shall not exploit the third party services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the third party services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that D3PA is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the third party services.
In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. D3PA makes no representation that such third party services and/or any Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such third party services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. D3PA, and its licensors, reserve the right to change, suspend, remove, or disable access to any third party services at any time without notice. In no event will the D3PA be liable for the removal of or disabling of access to any such third party services. D3PA may also impose limits on the use of or access to certain third party services, in any case and without notice or liability.
Prohibited Conduct. You agree not to engage in any of the following conduct through or in connection with the Game: (a) interfere with or disrupt the Game or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Game; (b) interfere with, disrupt or circumvent any security feature of the Game or any feature that restricts or enforces limitations on use of or access to the Game; (c) use the Game to violate the law; (d) use the Game to harm minors in any way; (e) use the Game to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead D3PA or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) create a D3PA account by automated means or false pretenses or use any other user’s account for any purpose, including to circumvent a suspension or ban; (i) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software programs or applications that are designed to modify the Game experience to the detriment of fair play; or (j) submit false refund requests to D3PA or any Mobile Platform Operator. D3PA reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this EULA or the Game and to take action as a result, which may include termination of your account and exclusion from further participation in the Game.
Changes, Suspension or Termination of the Game. We reserve the right to add, change, suspend or discontinue the Game, or any aspect or feature of the Game, without notice or liability. You agree that we may alter the Game, which includes changing the various terms and changing or eliminating parts of the Game, without contacting you in advance. You agree that we may temporarily suspend the Game without prior notice. During any such period you may be unable to access any information you have stored on the Game. This may occur, for example, when we are conducting regular or emergency maintenance on the Game. The license is effective until terminated by you or D3PA. Your rights under this EULA will terminate automatically without notice from D3PA if you cease all use of the Game and delete all copies of the Game. You may, as a result of termination, lose your D3PA account and all information and data associated with it, including virtual currency and virtual goods. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under this EULA for any reason, whether by you or D3PA. D3PA reserves the right to refuse to keep accounts for or provide access to the Game to anyone.
NO WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ANY SERVICES PERFORMED OR PROVIDED BY THE GAME ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND D3PA HEREBY DISCLAIMS ALL WARRANTIES AND CONDIONS WITH RESPECT TO THE GAME AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMTED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO D3PA PARTY WARRANTS THAT THE GAME, OUR SERVERS OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. D3PA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME, OR PERFORMED OR PROVIDED BY THE GAME, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIOIN OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHBITED BY LAW, IN NO EVENT SHALL D3PA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF D3PA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATOIN OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Game to conform to any applicable Mobile Platform Operator warranty on the Mobile Platform Operator’s applicable device or platform, you may notify and request a refund for the purchase price for the Game from the applicable Mobile Platform Operator.
Indemnification. You are responsible for damages incurred by D3PA and our affiliates as a result of your use of the Game and agree to defend, indemnify and hold harmless D3PA and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to the use of the Game and any breach of this EULA or any other policies posted on or in connection with the Game from time to time.
Third Party Beneficiary. You acknowledge and agree that the Mobile Platform Operators are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, such parties will have the right to enforce this EULA against you as a third party beneficiary thereof.
No Support. You agree that D3PA has no obligation to provide technical, maintenance or other support relating to the Game. You further agree that the applicable Mobile Platform Operator has no obligation whatsoever to furnish any technical, maintenance or other support services with respect to the Game. We may provide limited support to users who contact us through firstname.lastname@example.org; provided, however, that we may discontinue such support at any time.
Export. You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any US-embargoed countries, or (b) to anyone on the US Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Game, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Game for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
US Government Users. The Game and related documentation are “Commercial Items”, as the term is defined at 48 C.F.R. § 12.212 or 48 C.F.R §277.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Communications. You agree that D3PA may send e-mail to you for the purposes of informing you of upcoming events or offers, notifying you of changes to the Game, or for other purposes we deem appropriate.
Any questions relating to the Game should be directed to
D3Publisher of America, Inc.
11500 W. Olympic Blvd, Suite 460
Los Angeles, California 90064, USA
Disputes. As used in this EULA, “Dispute(s)” means any dispute, claim, demand, action, proceeding, or other controversy between you and D3PA concerning the Game and your or D3PA’s obligations and performance under this EULA or with respect to the Game, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statue (including, without limitation, consumer protection and unfair competition statues), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. You acknowledge that the Mobile Platform Operator is not responsible for addressing any disputes.
Arbitration. Any Dispute arising under or relating to this EULA shall be finally settled by binding arbitration between you and D3PA. You and D3PA agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and D3PA otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or D3PA provides written notice of the Dispute. You and D3PA agree that neither will commence arbitration before the end of the time for informal negotiation. If informal negation is not effective, arbitration shall be conducted before a single arbitrator under the Rules of the American Arbitration Association and shall be conducted in Los Angeles, California USA. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.
Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all Disputes in connection with this EULA or any Dispute of any sort that might arise between you and us or our affiliates.
Severability. If any of the terms or conditions of this EULA shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining port of this EULA.
Delay in Enforcement. No delay or failure to take action under this EULA shall constitute any waiver by us of any provision of this EULA.
Complete Agreement. This EULA and any other policies posted on, in or in connection with the Game from time to time constitute the complete agreement between you and D3PA with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and D3PA.