AFTERBOARDLCGGAME GENERAL TERMS PART 2:
15. TERMINATION; SURVIVAL:
15.1. Your Termination:
You may cease using the Websites, Games, Organized Play, and Services, as well as terminate your account, at any time.
15.2. Afterboards' Termination:
Afterboardlcggame may, at any time and at its sole discretion, suspend, terminate, deactivate, and delete your account, or suspend, terminate, or discontinue your access to or any part of the Websites, Games, Organized Play, or Services with or without notice to you for any reason or for no reason at all, including without limitation if: (i) you breach any provision of these Terms; (ii) you infringe any third-party intellectual-property rights; (iii) Afterboardlcggame is unable to verify or authenticate any information you provide to Afterboardlcggame; (iv) your activity is inappropriate, in violation of the spirit of Afterboardlcggame, or in violation of Afterboardlcggames' Code of Conduct; (v) Afterboardlcggame has stopped offering the Website, Organized Play, Game, or Services, in your region; (vi) doing so would be in the best interest of Afterboardlcggame, a third party, or our community.
Upon termination of your account or discontinuation of any part of the Websites, Games, Organized Play, or Services, all rights granted to you with respect thereto under these Terms will immediately terminate with no further obligations or liability to you. You will no longer have access to such Websites, Games, Organized Play, or Services (or any relevant part thereof), including any of the associated data or Game Content. You acknowledge and agree that except as prohibited by law, you will not be entitled to any refunds and Wizards will have no liability to you. We also have the right to terminate or suspend any other accounts you may have created with Afterboardlcggame, as well as your access to any other Afterboardlcggames services without any refunds (except as prohibited by law) or liability to you. Sections 5 (User Content), 6 (Intellectual Property Ownership; Rights Granted to You), 10 (No Warranties), 11 (Limitation on Liability; Indemnification), 12 (Unsolicited Idea Submission Policy), 12 (Feedback), x (Dispute Resolution; Arbitration), x (Confidentiality), x (General), and "Organized Play" together with any licenses granted to Afterboardlcggame hereunder, will survive termination for any reason.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Afterboardlcggame or others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Afterboardlcggame 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 Afterboardlcggame 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 and access to the Websites, Games and Services.
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 below:
(i) your name, address, telephone number, and e-mail address;
(ii) a description of the work that you claim has been infringed;
(iii) 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);
(iv) the exact URL or a description of each place where alleged infringing material is located;
(v) 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;
(vi) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(vii) 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.
Name and address of agent to receive notification of claimed infringement:
Intellectual Property Agent
Rue Banterley 92
B - Belgium.
(Only use this email address to report potential copyright and trademark infringement claims. All other email messages will be deleted without response).
17.1. “Game” means the interactive entertainment products or derivative software products (including without limitation mobile companion applications) based upon Afterboardlcggames’ physical card games, tabletop games, and other game offerings. Each Game includes all of its constituent parts in its definition, including but not limited to all software code, titles, themes, objects, characters, names, dialogue, catch phrases, locations, stories, artwork, animation, concepts, sounds, audio-visual effects, methods of operation, and musical compositions that are related to the Game, and any copies of any of the foregoing. Games specifically include all Virtual Currency and Virtual Items for which you have paid the associated fee or otherwise acquired a limited license to access.
17.2. "Services" means any services made available to you through or in connection with the Games, including but not limited to services to acquire, maintain and use Virtual Currency and Virtual Items, user accounts, customer support, forums, websites, other services we provide you including without limitation interactions with us, registering an account, contacting us, or posting in our forums. Services also includes Wizards’ platform software and services, Afterboardlcggames’ account services, and web applications (including without limitation Eventlink and Companion apps).
17.3. "Intellectual Property Rights" means all copyrights, trademarks, service marks, trade dress, patents, trade secrets, confidential information, brand names, logos, goodwill, get up, trade, business or domain names, design rights, database rights, rights in inventions, know-how, rights in databases, rights in computer software, moral rights, publicity rights, performance rights, synchronization rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.
17.4. “Website” means any of Afterboardlcggames’ websites related to the Games, Organized Play, or Services.
18. Governing law; venue; time to bring claims:
18.1. Governing Law:
These Terms, your use of the Websites, Games, Organized Play, or Services, your interactions with Afterboardlcggame, and any issues arising out of them will be deemed entered into in Belgium and governed by laws from Belgium, without regard to its choice of laws principles.
18.2. Venue & Jurisdiction:
To the extent not covered by Section 19 below, you and Afterboardlcggame both consent and agree to the exclusive jurisdiction and venue of Belgium courts. You waive your right to argue that the Belgium courts are an improper venue.
18.3. Time to Bring Claims:
In no event will you bring any claim, action, or proceeding related to or arising out of these Terms, your use (or inability to use) of the Websites, Games, Organized Play, or Services, or your interactions with Afterboardlcggame more than one (1) year after the cause of action arose.
In the event any litigation is brought by either party in connection with these Terms, 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.
19. Dispute Resolution: Arbitration:
You agree to resolve all disputes, claims, demands, or controversies between us in individual binding arbitration. This includes without limitation any claims arising from these Terms, any part of the relationship between you and us, or your use of the Websites, Games, Organized Play, or Services. This section applies whether the dispute or claim is based in contract, tort, statute, fraud, unfair competition, misrepresentation or any other legal doctrine.
You and Afterboardlcggame agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. If a party who intends to seek arbitration must, they must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If we do not reach an agreement to resolve the dispute within forty-five (45) days after the notice is received, the party seeking redress may commence an arbitration. You may initiate an arbitration proceeding by sending Wizards a written notice explaining the claim and what remedy you want from Wizards. If you initiate arbitration against Afterboardlcggame, you must send a copy to Afterboardlcggame at the following address:
Rue Banterley 92
20. Promotions; Game Keys:
From time to time, Afterboardlcggame may allow you to participate in promotional contests, special gameplay or tournament events, or similar limited-time promotional offers (including, without limitation, organized play events) (collectively "Promotions") that may offer prizes or require you to provide additional information about yourself. Each Promotion may have its own rules which you must read and agree to before you participate. Wizards does not make any representations, warranties, or covenants regarding the amount, type, or frequency of access to Promotions you can expect at any time in connection with any of Afterboardlcggames’ products or services. You acknowledge and agree that you may not rely upon the continued availability of Promotions and that Wizards will not be liable for any actions you undertake or actions you do not take based on your expectations. Afterboardlcggames' decisions regarding Promotions shall be final and binding.
20.2. Promotional Codes:
Afterboardlcggame may distribute promotional codes or game "keys" that may be redeemed by you for a limited license to access certain features, events, Virtual Items or Virtual Currency available in Afterboardlcggames' Games or Services ("Promotional Code(s)"). Promotional Codes may be valid for a limited time only. Some Promotional Codes may have additional terms and conditions that will govern the use and availability of such Promotional Codes. Promotional Codes are personal to you, are non-transferable, and have no real-money or "cash" value. You may not sell or give away Promotional Codes except as authorized by Afterboardlcggame. The use of Promotional Codes in unauthorized advertising, marketing, sweepstakes, raffles, or for other unauthorized promotional purposes is strictly prohibited.
21. Updates and changes:
21.1. To this Agreement. Afterboardlcggame may (and likely will) update, amend, alter, or modify these Terms in the future. You agree that Afterboardlcggame may make changes to these Terms at any time and for any reason at its sole discretion. If we make material changes to these Terms, we will notify you and give you an opportunity to review the new Terms that will supersede and replace these Terms.
If any future changes to these Terms are unacceptable to you or cause you to no longer comply with these Terms, you must terminate your account. Your continued use of the Websites, Organized Play, Games or Services after notice of changes to these Terms will mean that you accept any and all of Afterboardlcggames' changes. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature, content or availability of the Websites, Platform, Organized Play, Games or Services.
21.2. To Afterboardlcggames' Products and Services. Afterboardlcggames' Websites, Organized Play, Games and Services will evolve. Afterboardlcggame may update, patch, update, revise, change, suspend, "nerf," or restrict your access to the Websites, Organized Play, Games or Services, including components thereof (e.g., Virtual Items), for any reason and may push mandatory, automatic, or background patching or updates or require you to download and install updates to any software required to support the certain Websites, Games, or Services at any time without notice or liability to you. You acknowledge that your use of the Websites, Organized Play, Games or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature, including but not limited to any rewards, prizes achievements, levels, Virtual Currency, or Virtual Items. You also acknowledge that any character or account data, Game progress, Game customization or other data related to your use of any of Afterboardlcggames products or services may cease to be available to you at any time without notice from us, including without limitation after a patch, update, or upgrade is applied by Wizards. We do not have any maintenance or support obligations with respect to the Websites, Organized Play, Games or Services. You agree that updates may change the requirements necessary to use the Websites, Organized Play, Games or Services and agree that in such an event you are responsible for any necessary actions, including but not limited to software or hardware, to access and use the Websites, Organized Play, Games or Services. You are not entitled to any subsequent updates nor is Afterboardlcggames obligated to provide you with updates.
22.1. Language; Interpretation:
It is the express wish of the parties that these Terms and all related documents have been drawn up in English. The original of these Terms is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have these Terms written or construed in the language of any other country. The headings of sections, paragraphs and subparagraphs of these Terms 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.
22.2. Compliance with Law; Belgium Export Controls:
You will comply with all applicable laws regarding your installation, copying and use of the Websites, Games, and Services and your access to your accounts. Without limiting the foregoing, software available in connection with the Websites and Services may be subject to Belgium export controls. No feature, function, software or any component thereof may be downloaded from the Websites, Games, or Services or otherwise exported or re-exported in violation of Belgium export laws. Downloading or using any software is at your sole risk. You further agree not to upload to the Websites, Games, and Services any data or software that cannot be exported without prior written government authorization including, but not limited to, certain types of encryption software.
22.3. Equitable Remedies:
You agree that Afterboardlcggame would be irreparably damaged if these Terms were not specifically enforced. Therefore, you agree that Afterboardlcggame will, in addition to any other remedy it may have under these Terms, 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.
22.4. Severability; Waivers:
If any provision of these Terms 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 Afterboardlcggame to insist upon or enforce any of the provisions of these Terms, or to exercise any rights or remedies under these Terms, will not be construed as a waiver of Afterboardlcggames' 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 shall be deemed a further or continuing waiver of such term or any other term.
22.5. No Assignment:
These Terms and the rights granted herein are personal to you and may not be assigned. Afterboardlcggame may transfer or assign these Terms, Websites, Organized Play, Games or Services, in whole or in part, to third parties of our choosing.
22.6. Trademark and Copyright Notification:
Unless otherwise indicated, all trademarks appearing on the Websites and Services are the property of Afterboardlcggame. All rights reserved. All artwork, images, text, proprietary software and other copyrightable images are the copyrights of Afterboardlcggame. All rights reserved. All other trademarks and copyrightable content are the property of their respective owners and used under license or freely used with notify sources.
22.7. Force Majeure:
Afterboardlcggame 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, terrorism, robot uprising, embargoes, epidemics, acts of civil or military authorities, pandemic, public health emergency, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
23.8. Players Outside Belgium:
If you access the Websites, Organized Play, Games or Services from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the Websites, Organized Play, Games or Services as supplied by Afterboardlcggame. If the Act applies, then notwithstanding any other provision in this Terms, 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. Those who choose to access the Websites and Services from locations outside of Belgium 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 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.
23.9. Blocked Parties:
You may not use Afterboardlcggmaes' Websites, Organized Play, Games or Services if: (i) the Office of Foreign Assets Control of Belgium Treasury Department lists you as a specially designated national and/or blocked person; (ii) the Bureau of Industry and Security of Belgium Department of Commerce lists you on its denied persons list or lists of parties of concern; or (iii) you're on any similar list promulgated by an official agency or department of Belgium government. You warrant and represent that you're not located in, under the control of, or a national or resident of any embargoed country.
Except where otherwise set forth in these Terms, all notices given by you or required under this Terms shall be in writing and addressed to:
Rue Banterley 92
A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Additional terms and conditions apply to participants of Afterboardlcggames' Organized Play programs. See this