Play! Pokémon Terms of Use

Last Update: January 11, 2010


Terms of Use.


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.


Please read and review these Terms of Use carefully before accessing or using this website. By accessing or using this site, you acknowledge and agree that you have read, understood and agreed to the Terms of Use Agreement. If you do not agree to these terms and conditions, you may not access or use the site. We may update and modify these Terms of Use from time to time. Your continued use of http://www.pokemon.com following the posting of any changes to these terms shall mean that you have accepted those changes.


The term "Pokémon" refers to The Pokémon Company International, Inc. and its parent company (The Pokémon Company) and their respective subsidiaries.


THIS IS AN AGREEMENT


The following are terms of a legal agreement between you and The Pokémon Company International, Inc. By accessing and/or using the website, http://www.pokemon.com,  including any subsite accessible through the homepage (the "Site"), you acknowledge that you have read, and agree to be bound by, this agreement. Where you are providing consent for creation of an account for a minor, you are also agreeing that the minor will be bound by this agreement. If you do not agree to these terms, do not use the Site or authorize its use by others.


ABOUT THE INFORMATION ON THIS SITE


This Site was designed in part to provide a forum for people to learn about where and when Pokémon trading card game Leagues, Tournaments and other Pokémon Organized Play events are being held, and the player rankings of registered users of this Site who participate in these events. Because of the popularity of the Pokémon trading card game, hundreds of these events may be occurring worldwide on any day. Pokémon sells trading card games, but it does not organize or operate most Pokémon Organized Play trading card game events (other than certain special events and championship events). Rather, most of these events are organized and operated by independent third parties, such as retailers of trading card games. Pokémon posts certain information on this Site that it receives from such independent third parties about Pokémon Organized Play events, including event schedules and locations. Also on this Site Pokémon posts the names and player rankings of registered users of this Site who have consented to this posting. Player rankings are based on tournament results and other information received from the independent third parties who organize Pokémon Organized Play events.


CONTENT


As noted above, on this Site Pokémon posts information about Pokémon Organized Play, most of which is received or derived from independent third parties, including event schedules and player rankings.


Pokémon will use reasonable efforts to include accurate and up-to-date information on this Site, but Pokémon makes no representations or warranties of any kind about its accuracy, currency or completeness. You agree that Pokémon is not responsible for the accuracy of any such information and that access to and use of this Site and the content thereof is at your own risk. You acknowledge that all content on this Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you are entirely responsible for all content that you post, email or otherwise transmit, and that Pokémon is not responsible for any error or omission in any information that it receives from independent third parties that is included in postings on this Site.


You agree that Pokémon does not have perfect information at all times and that errors and omissions can occur. Therefore, you agree that neither Pokémon nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates is liable in any way for the content of the Site or any mailings sent in connection with it, and that you will not take any action or proceeding or make any claim against Pokémon or any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates relating to any such error or omission.


Opinions, advice and all other information expressed by anyone on this Site, including information prepared by Pokémon Professors, Judges or League or Tournament Organizers, represent their own views and not those of the company. You should not rely on such opinions, advice or other information. Neither Pokémon nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates shall be responsible or liable for any decisions made based on such information.


RESTRICTIONS ON USE OF MATERIALS


All materials contained in this Site are the copyrighted property of Pokémon or its affiliates and licensors, unless otherwise noted. All trademarks, service marks, and trade names are proprietary to Pokémon or its affiliates and licensors, unless otherwise noted. No material from the Site or any other Internet site owned, operated, licensed, or controlled by Pokémon may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our prior written consent, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that you keep all copyright and other proprietary notices intact; no modifications are made to the materials; you do not use the materials in any manner suggesting an association with any of our products, services, or brands; you do not download quantities of materials to a database for any reason.


INTELLECTUAL PROPERTY


All content on the Site, including articles, artwork, screen shots, graphics, logos, digital downloads and other files, is the property of Pokémon or its affiliates or licensors, unless otherwise noted, and is protected by United States and international copyrights, trademarks and other intellectual property laws. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products. All content on this site, including articles, artwork, screen shots, graphics, logos digital downloads and other files, may not be used on any other website, in any publications, in public performances, in connection with any product or service that is not Pokémon's, in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Pokémon, or in any manner that is otherwise exploitative for any commercial purpose or that otherwise infringes Pokémon's intellectual property rights. Pokémon does not grant permission to individuals to use any content from this Site. Because we receive thousands of such requests, our policy is to decline use of our trademarks and copyrights. For information related to claims of copyright infringement, please go to http://www.pokemon.com/us/copyright/. You acknowledge and accept that you have no property or other rights in any content on the Site, including but not limited to content that you may have created or developed including Trainer Images, Screen Names, and game scores. Trainer Tokens have no cash or other value and you accept that Pokémon may change the quantity of Trainer Tokens required to obtain any item on the Site, or change the quantity of Trainer Tokens available to you, at any time and without prior notice.


If you believe that some portion of this Site infringes your copyright and you wish to file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):


i.    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


ii.    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.


iii.    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.


iv.    Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.


v.    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.


vi.    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


We accept notifications by email at legalnotices@pokemon.com, or by postal mail at the following address:


Attn: General Counsel

The Pokémon Company International, Inc.

333 108th Ave. NE, 19th Floor

Bellevue WA 98004 USA.


LINKING


Pokémon does not allow or condone links to its website, pages, materials, or information without prior inspection, evaluation, and written consent by Pokémon. Neither Pokémon nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates is responsible for maintaining any materials referenced from another site, and makes no warranties for that site or this Site in such context. Pokémon is not responsible for content on a site operated by a third party, including content on a site operated by a distributor who links to this Site with Pokemon's consent.


USER'S OBLIGATIONS


In connection with the use of the Site you shall comply with all applicable laws and legal obligations, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. The materials and information available on the Site may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries. Such intellectual property laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable intellectual property laws may give rise to civil and/or criminal prosecution and penalties.


SUBMISSIONS


If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claims that the use of any such material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way Pokémon uses such material.


By submitting information to the Site, you grant Pokémon and its successors and assigns a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. No consideration or compensation need be made for any materials or information (including but not restricted to creative, financial, business, commercial, etc.) submitted in any manner.


Rules for Chatrooms, Bulletin Boards, and Other User-Supplied Material


This Site may have an area which allows you to "chat" or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that (1) interfere with anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site.


Responsibility for User's Material


You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although Pokémon may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Site, Pokémon is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. Pokémon may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate Pokémon's policies in any way. Pokémon will fully cooperate with any law enforcement authorities or court order requesting or directing Pokémon to disclose the identity of anyone posting such materials.


Transmitted Material


Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Pokémon does not cause Pokémon or any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates to have any special responsibility to you.


Contests; Sweepstakes


This Site may refer to contests, sweepstakes or similar events (including without limitation Pokémon Organized Play championship events) that offer prizes or that require you to send in material or information about yourself. Each contest, sweepstakes or other such event has its own rules, which you must read and agree to before you may enter.


Privacy Policy


Pursuant to the privacy policy for this Site, we may disclose to third parties certain information contained in the data you supply when registering for this Site and other data. Our Privacy Policy does not apply to information that is not personal information. You agree to and accept our Privacy Policy. For more information, please see our Privacy Policy at http://www.pokemon.com/us/privacy-policy/.


A Special Note Concerning Privacy and Children Online Parents may want their children to access this Site. They can create an account online using the ordinary process, with your permission solicited where appropriate. Pokémon believes that parents should supervise their children’s online activities as diligently as they do their "real world" activities.


Registration; Suspension of Account


If you elect to register to use this Site, or to participate in any sweepstakes or contest, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by this Site's registration form (such information being the "Registration Data"), and (2) maintain and promptly update the Registration Data to keep it accurate. Pokémon has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) if you provide any information that is untrue, inaccurate, or incomplete, or if Pokémon suspects in its sole discretion that it has grounds to believe that such is the case, or if Pokémon determines in it sole discretion that such suspension or termination is in the best interests of supporting a fair, wholesome and safe environment for Pokémon Organized Play and other Pokémon Organized Play participants.


DISCLAIMER


THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT NEITHER POKÉMON NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.


UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO POKÉMON'S NEGLIGENCE, SHALL POKÉMON OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF POKÉMON OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF POKÉMON AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.


Pokémon's Right to Modify These Terms of Use or Content on the Site


Pokémon may add to, change, or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Pokémon may add, change, discontinue, remove, or suspend any other content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.


Indemnification


You agree to indemnify, defend, and hold Pokémon and its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in the defense of any claim. Pokémon reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Pokémon.


General Provisions


These Terms of Use and any additional terms posted on this Site together constitute the entire agreement between Pokémon and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of laws provisions, as applied to agreements executed by Washington residents and performed solely within the State of Washington, and you submit to personal jurisdiction in New York. The parties irrevocably agree that the state and federal courts located in the State of Washington, U.S.A. shall have exclusive jurisdiction in respect of any dispute which may arise out of or in connection with these Terms of Use in respect of any claim in respect of any claim brought against TPCi by you and shall have non-exclusive jurisdiction in respect of any claim brought against you by TPCi. You submit to personal jurisdiction in Washington and agree to accept service of process by mail in the state in which your office is located as specified by you to TPCi. THE PARTIES HEREBY WAIVE TRIAL BY JURY. You agree that this provision shall survive termination or expiration of this Agreement.

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