DUNGEONS & DRAGONS ONLINE® UNITED STATES TERMS OF SERVICE
Last updated: July 9, 2013
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY. Welcome to Dungeons & Dragons Online™. Turbine, Inc. (“Turbine”) is proud to provide you with access to the online service (the “Game Server”) for use with an authorized, unmodified copy of Dungeons & Dragons Online™ game software installed on your computer (together with any updates, the “Game Client”). Together, the Game Server and the Game Client make up the massively multiplayer online role-playing game Dungeons & Dragons Online™ (the “Game”). This Terms of Service (“TOS” or “Agreement”) governs your use of the Game Server, while Dungeons & Dragons Online ™ End User License Agreement (the “EULA”) http://www.turbine.com/en/content/dungeons-dragons-online-united-states-end-user-license-agreement, incorporated herein by this reference, and governs your use of the Game Client. By connecting to or using the Game Server, you agree to be bound by the terms of this Agreement.
- Grant of a Limited License to use the Game Server. Subject to your agreement to and continuing compliance with this Agreement, you may use the Game Server solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use or access the Game Server for any other purpose or in connection with any other software, and any access or use outside the express scope of this license shall constitute a violation of Turbine’s copyrights. The license granted herein confers no title or ownership in the Game (including without limitation the Game Server) and should not be construed as a sale of any rights to the Game. All right, title and interest in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by Turbine or its licensors.
- Changes to Agreement and Game. Turbine may update this Agreement at its sole discretion, and you may be asked to review and agree to the revised version of the TOS once it becomes effective. If you do not agree to a revised TOS, you will not be permitted to continue playing the Game. If at any time you are no longer able to comply with the terms of the then-current TOS, you must terminate this Agreement and immediately stop using the Game. Turbine may change, modify, suspend, or discontinue any aspect of the Game at any time. Turbine may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
- Ownership. You understand and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game, including without limitation the Turbine account registered to you (the “Account”), in-game items, Turbine Points or in-game currency. You may not purchase, sell or trade any Account, in-game items, Turbine Points or in-game currency for anything of value in the real world without Turbine’s express written permission, and any attempt to do so without Turbine’s prior written consent shall be null and void. Turbine may revise, suspend, terminate or delete the Account at any time for any reason or no reason, with or without notice to you.
- Account Suspension/Deletion. TURBINE MAY SUSPEND, TERMINATE, MODIFY, OR DELETE THE ACCOUNT AT ANY TIME FOR ANY REASON, WITH OR WITHOUT NOTICE TO YOU. Most account suspensions, terminations and/or deletions are the result of violations of this TOS.
- Financial Transactions. You acknowledge and agree that Turbine is authorized, but not required, to act on payment instructions received from anyone using the Account. You authorize Turbine to (a) initiate debits or charges against your financial account or credit card periodically for the amount then due for purchases made; and (b) initiate any other debits or charges authorized by you or anyone using the Turbine Account registered to you. All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods made available by Turbine. You acknowledge that transactions may be facilitated by a third party payment processor (the "Processor"), and agree that Turbine may share your information, including information about your financial accounts, with the Processor for this purpose.
- Turbine Points. You may obtain “Turbine Points” from Turbine (or a third party authorized by Turbine) for use in connection with the Account. Turbine Points are a virtual currency which you may, at Turbine’s discretion, exchange for virtual goods, services and attributes that can only be used in the Game. Turbine Points have no monetary value, and are not personal property. You have no rights in or to any Turbine Points whether associated with the Account or otherwise, and Turbine may delete Turbine Points from the Account for any reason, including without limitation your failure to comply with this Agreement. Turbine may restrict or terminate your ability to acquire or redeem Turbine Points at its sole discretion. The virtual goods, services and attributes offered by Turbine in exchange for Turbine Points may be discontinued, modified or removed from the Account by Turbine at any time in its sole and absolute discretion. Turbine may discontinue the Turbine Points program at any time, and Turbine has no obligation to continue making offers available for the redemption of Turbine Points. Turbine Points are non-transferable and non-exchangeable, and any purported transfer or exchange of Turbine Points with an entity other than Turbine is null and void. Turbine may restrict the award or use of Turbine Points based on your country of residence or other factors.
- Code of Conduct. You agree that you will abide by the Turbine Code of Conduct http://www.turbine.com/en/content/dungeons-dragons-online-code-conduct-en, incorporated herein by this reference, and all applicable laws in connection with your use of the Game and the Game Server.
- In-Game Communications. YOU UNDERSTAND AND AGREE THAT TURBINE MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR IN-GAME COMMUNICATIONS WITHOUT NOTICE TO YOU. Turbine is under no obligation to monitor in-game communications.
- Remedies. You acknowledge that Turbine may suffer irreparable damage if you breach any of the provisions governing ownership, the license granted or license limitations. You therefore agree that if you breach any of these provisions, in addition to damages and reasonable attorneys’ fees, Turbine shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
- DISCLAIMER OF WARRANTIES. THE GAME SERVER IS MADE AVAILABLE ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMMENT AND AVAILABILITY.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL TURBINE, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME AND/OR THE GAME SERVER OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA OR GOODWILL, DISRUPTION OF SERVICE OR CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL TURBINE, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME (INCLUDING WITHOUT LIMITATION THE GAME SERVER). THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall Turbine's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Turbine during the six (6) months immediately prior to the time such claim arose.
- INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TURBINE, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME AND/OR THE GAME SERVER.
- User Content. "User Content" means any communications, images, sounds, and all the material and information that you or anyone using the Account contributes through the Game or any Turbine-affiliated website (e.g., Turbine.com, DDO.com, LOTRO.com), including without limitation feedback about the Game. You hereby grant Turbine a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof. You hereby represent and warrant that you have, and have the documentation to establish, all necessary rights to grant the license referenced in the preceding sentence. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
- Username/Password. When you register, you will be required to select a unique username and password. You may not share your username or password with anyone, except that you may be required to disclose your username to Turbine employees to obtain support. Turbine employees will never ask you for your password.
- Patches and Updates. Turbine may apply patches, updates and modifications (each an “Update”) to the Game at any time, and gameplay may change after the application of an Update.
- Termination. This Agreement is effective until terminated. You may terminate this Agreement by deactivating the Account. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all purchases of Turbine Points and other payments made in connection with the Game. You acknowledge and agree that you are not entitled to any refund for any amounts paid or pre-paid in connection with the Account prior to termination of this Agreement. Turbine may terminate this Agreement with or without notice by deactivating the Account. All Sections of this Agreement that by their nature should survive termination will survive, including without limitation Sections 3, 5, 6, 8-13, 18 and 19.
Dispute Resolution and Governing Law.
- Binding Arbitration. Any dispute, controversy or claim related to this Agreement ("Dispute") (except those Disputes expressly excluded below) that cannot be resolved through information negotiations shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be initiated and conducted according to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Turbine will pay all arbitration fees and reasonable expenses as determined by the arbitrator. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator shall provide a detailed written statement of decision, which shall be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any California state or federal court with experience in matters involving the entertainment industry. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Los Angeles County. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered. Except as otherwise provided in this Agreement, you and Turbine may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Turbine agree to submit to the personal jurisdiction of that court.
- Restrictions. You and Turbine agree that any arbitration shall be limited to the Dispute between Turbine and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions. You and Turbine agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Turbine’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy or unauthorized use; and (3) any claim for injunctive relief.
- Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Those who choose to access the Game Server from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
- Severability. You and Turbine agree that if any portion Section 18 is found illegal or unenforceable (except any portion of 18(c)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 18(c) is found to be illegal or unenforceable then neither you nor Turbine will elect to arbitrate any Dispute falling within that portion of Section 18(c) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Turbine agree to submit to the personal jurisdiction of that court.
- Miscellaneous. The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between Turbine and you. Turbine would not be able to provide the Game (including without limitation the Game Server) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of Turbine’s licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of Turbine. You may not assign this Agreement, in whole or in part, without Turbine’s prior written consent and any attempted assignment in violation of this provision shall be null and void. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, incorporating all the applicable documents referenced herein, represents the entire agreement between you and Turbine with respect to the Game Server and supersedes all prior agreements between you and Turbine pertaining to the Game Server. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense. In no event shall Turbine be liable for any failure of performance resulting from causes beyond the reasonable control of Turbine, including without limitation: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. This Agreement may be amended only by a writing executed by both parties.