THE FAR WILDS ONLINE GAME ("TFW") USER AGREEMENT AND SOFTWARE LICENSE ("LICENSE")
UPDATED DECEMBER 7, 2009
PLEASE READ THE FOLLOWING CAREFULLY AND IN ITS ENTIRETY. THIS LICENSE DESCRIBES THE TERMS ON WHICH TFW OFFERS YOU ACCESS TO AN ACCOUNT TO PLAY THE GAME. BY PLAYING TFW, YOU ACCEPT ALL TERMS OF THE LICENSE. TFW MAY, AT ANY TIME, MODIFY THIS LICENSE BY POSTING A REVISED LICENSE. YOUR CONTINUED USE OF TFW CONSTITUTES YOUR AGREEMENT TO ALL TERMS. SHOULD YOU CHOOSE TO DECLINE, DO NOT PLAY THE GAME.
1. Description of TFW
TFW is an online Collectible Card Game that you play through a web or through downloading the TFW client. You set up an account through the web site or client. In TFW, you will create a collection of licensed digital objects that represent cards to make up your deck. To play TFW, you must have at least the minimum system requirements and an Internet connection to access your Account. You are responsible for paying all taxes and for all hardware, software, service and other costs you incur to access your Account. TFW may modify features, functions or abilities of any element of TFW, the game service, software or any digital objects in its discretion without notice to you.
2. Account
Your Account is personal to you. TFW is available only to individuals eighteen (18) years of age and older. If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must complete the registration process, in which case the parent or guardian will take full responsibility for all obligations under this License. By playing the game, you represent that you are at least eighteen (18) years of age and are either accepting this License on behalf of yourself or on behalf of your child. Users are allowed to have multiple accounts. Users may trade gold and cards between their accounts. Users may not play one of their own accounts versus another of their own accounts. You may not use multiple accounts to manipulate the ladder, tournaments, domain leagues, keep cards, or any other format of gaming on TFW. This means you can not use a new account to have a lower rating to easily make ladder wins, and you cannot play against yourself to manipulate your rating.
2.1 Cheating
Manipulating your ranking, ladder points, domain points, or any other point system within TFW for any reason is considered Cheating. This includes, but is not limited to, manipulation for the purpose of gaining more gold in the ladder, in the daily tournaments, in the Brass League, or in the Domain League. This also includes, but is not limited to, the buying and selling of wins or playing your own accounts against each other. Punishment for such actions will be determined by TFW staff and may include, but are not limited to, immediate and irrevocable forfeit of your entry fee, immediate and irrevocable forfeit of all cards bought in the Domain, loss of all points earned in a League, or loss of all points earned in the ladder. Determination of Cheating shall be made by TFW staff. Decisions by upper staff are final.
2.1a Eligibility (United States)
You must be physically located in a U.S. State in which participation in the tournaments offered on this Site is unrestricted by law. Rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are established by individual states.You must be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law.
2.1b Eligibility (Non-U.S.)
You are subject to all laws of the state, province, and/or country in which you reside and from which you access the TFW site, and you are solely responsible for obeying those laws. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Site, nor shall any person affiliated with or claiming affiliation with the Site have authority to make any such representations or warranties. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence. The TFW game service is not directed to children under the age of thirteen (13). As such, if you are under the age of thirteen (13) you may not create an Account and are asked not to provide any personal information to TFW.
3. Security and Passwords
Upon registration, you must select a User ID and password. You may not pick a User ID that violates anyone's trademarks, publicity rights or other proprietary materials, or violates any other policies of the TFW game service. You are responsible for maintaining the confidentiality of your password and for any harm resulting from your disclosure or from use by any person of your password to gain access to your Account and User Name. You may not disclose your password to any third party. You are responsible for all uses of your user name and password, whether or not authorized by you. You should never disclose your password to anyone. There may be an additional charge to reissue lost passwords. You acknowledge that although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, this feature makes it possible for third parties to access your computer and thus your Account. You utilize this password memory feature at your own risk. Any attempt to deceive another user for the purposes of illicitly obtaining cards, passwords, account information etc. (aka "scamming") is prohibited and may result in the immediate termination of your account and loss of all cards therein.
4. Privacy
You understand that your private communications and other personally identifiable information may be disclosed to third parties. For example, we may disclose information about you to private entities, law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquires. Third parties may unlawfully intercept our access transmissions or private communications. You agree that we may communicate with you via email and any similar technology for any purpose relating to the game and any other services or software which may in the future be provided by us or on our behalf. You understand that TFW or its representatives may monitor all communications made by or received by you while using the Game Service. You consent to the extraction of hardware system profile data and any data related to operation of TFW from any computer that logs on using your account
5. Fees for Product and Service
Fees for Game Product and billing procedures are contained in the "Market" tab which are incorporated by reference. All fees are stated in U.S. Dollars. All fees must be prepaid and are non-refundable, unless otherwise expressly stated for the product. Prices and fees apply to the purchase or redemption of TFW products, including without limitation, online trading cards, booster packs, theme decks, and tournament entries. There currently are no membership fees for use of the game service. TFW may change its products or fees and/or billing procedures upon notice of the changes that shall be posted on the Market. You are responsible for reviewing such changes to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your Account. Your continued use of the TFW game will indicate acceptance of such changes. You are fully liable for all charges under your Account, including any unauthorized charges.
6. Game and Forum Conduct and Use
You agree to be personally responsible for your use of TFW and conduct yourself in a lawful and respectful manner. You acknowledge that TFW does not pre-screen Member content or communication over the game service. Certain areas of the game service provide access to online forums or chat rooms ("Forums"). Discussion Forums and e-mail submissions over the Internet may not be secure. Please consider this fact prior to e-mailing any personal or confidential information. TFW does not endorse, and specifically disclaims any responsibility or liability for any content in the Forums. In addition, TFW, in its sole discretion, reserves the right to delete, move or edit content, in whole or in part, submitted to the Forums if it deems the content to be abusive, defamatory, obscene, in violation of intellectual property, privacy or other proprietary rights, in violation of this License, or for any other reason. You agree to use the Forums only to post, send and receive messages and material that are proper, related to the subject matter of the Forums and that comply with applicable law. By using the Forums, you agree to any additional terms and conditions posted at the Forums. TFW has no obligation to monitor the Forums. However, TFW reserves the right to review materials posted to the Forums and to remove any materials in its sole discretion, to terminate your access to any Forum at any time, without notice, for any reason whatsoever. Furthermore, TFW reserves the right at all times to disclose any information as TFW deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TFW's sole discretion.
7. Re-Balancing
From time to the time, some cards or rules of the game must change to maintain balance and create a fair and exciting game environment. These changes may affect the value of your cards. Our current policy is to reimburse you the difference in the card value from when the change was announced to a month after the change. This reimbursement comes in the form of in game gold and will not exceed the amount of gold you have bought from us.
8. Game Interruption
Occasionally, there may be a "crash" in a game or tournament. If this is in a tournament, the prize money will be divided up among the remaining players that stood a chance in winning prizes. If one (or more) of the players can create a solid and foolproof case that they won, but the crash caused that win to not be recorded, prizes will be paid according to the correct winners.
9. Intellectual Property Rights and Grant of License
Subject to the terms of this License, TFW hereby grants you a non-exclusive limited license ("License") to use the Software, web client, and game products solely in connection with playing TFW via your authorized and fully paid Account. This License includes the right to trade online objects, subject to the terms hereof. Except as provided by this License and the Rules of Conduct, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any information, software, products or services obtained from TFW. TFW is made available solely for use by end users according to the terms of this License. Any reproduction or distribution of TFW not in accordance with this License is expressly prohibited by law, and may result in severe civil and criminal penalties. You may not modify, reverse engineer, disassemble or decompile the Software except to the extent that this restriction is expressly prohibited by applicable law. You may not use the intellectual property contained in TFW to create or provide any other means through which others may play the game, as through server emulators. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Should you do so, your Account may be terminated. Neither this License nor your Account entitles you to any subsequent releases of the Software, or to any Game products, including without limitation, online trading cards, booster packs, theme decks, tournament packs, and tournament tickets. From time to time, TFW may release such Game products, which may be obtained for a separate fee. TFW may update or otherwise enhance the Software at any time and in doing so incurs no obligation to furnish such updates to you pursuant to this License. TFW shall retain ownership of all intellectual property rights relating to TFW. You grant to TFW the unrestricted and irrevocable right (at no fee) to use, copy, modify, publish, perform, transmit, and display any content you submit via any media, and waive any moral rights you may have in such content. Any rights not expressly granted herein are reserved to TFW
10. DISCLAIMER OF WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TFW HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEB CLIENT, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, THE GAME PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TFW MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN ANY AND ALL SERVICES FOR ANY PURPOSE. ALL SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
11. LIMITATION OF LIABILITY/INDEMNIFICATION
IN NO EVENT SHALL TFW BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION FOR CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEB CLIENT, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, THE GAME PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES, PROVISION OF OR FAILURE TO PROVIDE RELATED SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. TFW'S LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $15. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY; AS SUCH THEY MAY NOT APPLY TO YOU IN THEIR ENTIRETY. YOU AGREE TO INDEMNIFY AND HOLD TFW, ITS OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, OR DAMAGES, INCLUDING REASONABLE ATTORNEY'S FEES, ASSERTED BY ANY THIRD PARTY ARISING IN CONNECTION WITH YOUR USE OF YOUR ACCOUNT, THE GAME, THE GAME SERVICE, OR ANY OF THE FORUMS.
12. Technical Difficulties/Game Termination
TFW does not ensure continuous, error-free, secure, or virus-free operation of the TFW game. TFW shall not be liable for any delay or failure to perform resulting from technical difficulties. Further, TFW cannot and does not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account. TFW may modify or cancel any element of the Game Service or Game in its sole discretion.
13. No Unlawful Or Prohibited Use
As a condition of your use of the Game and Game Service, you agree you will not use the TFW game or game service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TFW game or game service in any manner that could damage, disable, overburden, or impair any TFW web site or service (or the network(s) connected to any TFW web site or service) or interfere with any other party's use and enjoyment of any TFW web site or service. You may not attempt to gain unauthorized access to any TFW web site or service, other registrations, accounts, computer systems, or networks connected to any TFW web site or service, through hacking, password mining, or any other means. You may not cheat or steal or obtain or attempt to obtain any materials or information through any means not intentionally made available through any Wizards web site or service. Any use of third party software in conjunction with the Game, Game Service, or Software is at your own risk and TFW is not responsible for any damage, loss, or failure associated with such use.
14. Language
The parties hereby declare, and by these presents confirm, their express desire that this contract be written in English. Les parties déclarent qu'elles ont demandé et par les présentes confirment leur desir exprés que cette convention soit rédigee en anglais.
15. Termination
This License is effective unless and until terminated by either you or TFW. You may terminate this License at any time by providing TFW with written notification. TFW may terminate this License and deny you access to the Game, the Game Service, and your Account at any time if you (a) breach this License; (b) infringe any third party intellectual property rights; (c) if we are unable to verify or authenticate any information you provide to us; (d) upon gameplay, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Game or Game Service as set forth in the Rules of Conduct. Upon termination of the License by either you or TFW, you shall immediately discontinue use of the TFW Game, the Game Service, and your Account and shall promptly delete all copies of the Download. Any fees associated with your use of the TFW Game and the Game Service are payable in advance and not refundable in whole or in part. Your obligation to pay accrued charges and fees shall survive any termination of the License. If your Account is terminated, you will immediately forfeit the right to use all your online objects. 14. No Assignment. This License is personal to you, and may not be assigned. 15. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS. U.S. GOVERNMENT RESTRICTED RIGHTS The Web Client, the Download, the Software, the Game Service, and the Game are provided with RESTRICTED RIGHTS. Use, duplication or disclosure is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software--Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the Web Client, the Download, the Software, the Game Service, and the Game or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Web Client, the Download, the Software, the Game Service, or the Game you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges; (ii) you are not located in or under the control of a national or resident of any such country or on any such list; and (iii) you will not export or re-export the Web Client, the Download, the Software, the Game Service, and the Game to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.