Last updated: October 14, 2019
These terms form a legally binding contract between you and us. They apply to your use of our online, digital or mobile services, including each of our Wizarding World websites, apps, software and any of our other products, services, content and activities for which these terms are posted or linked (each, the “service”). Our relevant sites for the service are referred to below as the “sites” or to each one as a “site”.
Please read these terms carefully. THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE CERTAIN WAIVERS OF RIGHTS AND LIMITATIONS OF LIABILITY.
Some aspects of the service may be subject to additional terms. Those may include, among other things, codes of conduct, competition rules and payment or subscription terms, such as our Terms of Purchase for UK residents or, if you are a US resident, our Terms of Purchase for US residents. When additional terms are made available for any aspect of the service, those additional terms also apply to your use of that aspect of the service and prevail in the event of an inconsistency with these terms.
- Changes to these terms
- Your confirmation
- Our service
- User accounts: Wizarding Passport™
- Mobile devices
- Paid services
- Virtual items
- Third-party services
- User content
- Use of service
- Unsolicited submissions
- International use
- Governing law and dispute resolution
- Other important terms
- Contact us
Subject to applicable law, we reserve the right, in our discretion, to modify these terms (including any relevant additional terms) from time to time. We will notify you of modified terms or policies by posting them on the service, by emailing you at the email address that you have provided for your Wizarding Passport or by using some other reasonable means to notify you. Each time you use the service, the version of these terms in force at that time will apply to your use of the service.
So please review the posted terms, policies and any relevant additional terms each time you use the service.
By accessing or otherwise using the service in any way, you confirm that you have sufficient legal capacity to agree to these terms. If you lack such capacity (such as if you are a minor), you confirm instead that you have obtained consent from your parent or guardian to do so.
The service is run by Wizarding World Digital LLC, a limited liability company formed and registered in the State of Delaware, whose registered office is at 1209 Orange Street, Wilmington, New Castle County, Delaware 19801, U.S.A. and with company registration number 6798095. Our principal place of business is at 4000 Warner Boulevard, Burbank, CA 91522, U.S.A.
We grant you a limited license to access and use the service (along with any related support resources) for your personal, non-commercial use, solely as provided by these terms and any relevant additional terms and as permitted by the features and functionality of the service. That license is non-exclusive and revocable, and it cannot be transferred, assigned or sublicensed. It is also conditional on your compliance with these terms and any relevant additional terms.
The service may allow you to view, preview, select, stream and access certain content, including video, audio, graphics, photos and text. Such use may be limited (for example, to supported devices, by geographic region, by time window or otherwise). Access will also require your use of an approved device with a sufficient mobile and/or online connection.
The service and its content are protected by copyrights, trademarks, service marks or other intellectual property rights that are owned by us or our licensors. Except for the limited license we grant in this section to access and use the service, we do not grant any other rights to you and all rights are reserved.
We respect the intellectual property rights of others and ask that you do the same. Any unauthorized use of our content or any other aspect of the service, or any part of it, will infringe copyright or other intellectual property rights. We reserve the right to take legal action against you to enforce our intellectual property rights or those of our licensors.
If you are accessing or using a test version of the service (or of any part of the service), then, in return for the opportunity to take part in the test, you agree to keep all non-public details of the test version confidential (and otherwise to comply with any additional terms that apply to the test version).
The licence granted to you under these terms shall automatically and immediately terminate if your conduct in relation to the service is illegal, in which case you must cease to use the service. If your conduct is not illegal but you breach these terms, we reserve the right to terminate the licence granted to you under these terms and to oblige you to cease all use of the service.
Any authorization to copy material granted by us in any part of the service for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, unless otherwise specified. It is also conditional on your keeping all copyright, trademark and other proprietary notices intact.
Except as specifically set out in these terms, we do not grant you any other rights in the service or its content. All rights that we have in the service and content are retained by us, including the right to modify, discontinue or suspend all or part of the service at any time, with or without notice.
No aspect of the service consists of any legal, financial, medical or other category of professional advice.
4 User accounts: Wizarding Passport™
(a) Your account with our service, and certain of the information you provide in connection with your account, are sometimes referred to as your Wizarding Passport. Your Wizarding Passport will identity you as a member of the Wizarding World service, and will serve as your credentials for logging into and using the service, and other purposes.
(b) Account creation
You may be required or permitted to create a Wizarding Passport or other account in order to access or use certain aspects of the service.
You acknowledge that you have no ownership or other proprietary interest in your Wizarding Passport or any user account.
You confirm that all of the details you provide in connection with your account are about yourself and not about another individual (whether real or fictitious), and that you will update such details to keep them correct, current and complete.
(c) Investigations, suspensions and termination
If we reasonably believe that the information you provide is not correct, current or complete, or that you are otherwise in breach of these terms or any relevant law, we reserve the right, in our reasonable discretion, to investigate any actual or suspected breach of these terms and to suspend or terminate your account and to refuse you access to your account, the service, or its content (or any part of it).
We may report your conduct, activity or identity to law enforcement or other appropriate authorities, take appropriate legal action against you, respond to requests for information regarding your account or use of the service, or otherwise take action to protect our rights and the rights of any third party.
BY ACCEPTING THESE TERMS, YOU WAIVE ANY CLAIMS THAT YOU MAY HAVE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF SUCH INVESTIGATIONS.
Subject to applicable law, we reserve the right to discontinue or temporarily to suspend any or all of the service as necessary for operational, security, legal or regulatory reasons or if for any reason beyond our reasonable control we are unable to provide the service. Nothing in these terms or in any additional terms shall affect your statutory rights under consumer law. For more information on your rights as a consumer under law, please consult your Citizens’ Advice Bureau, trading standards office or other similar organizations.
(d) Account security
You may not use anyone else’s Wizarding Passport or other account at any time, and you may not allow anyone else to use your Wizarding Passport or other account at any time. You are responsible for all activity occurring under your Wizarding Passport or other account, including all activities or transactions conducted through the use of your Wizarding Passport or other account. You are responsible for maintaining the confidentiality of your account user name, password and any access code (such as a verification code), and agree not to disclose your user name, password or any such code to anyone.
You agree not to transfer, resell or otherwise convey your Wizarding Passport or other account or the right to use your Wizarding Passport or other account to anyone. we shall not be liable for any loss you may incur as a result of someone else’s use of your Wizarding Passport or other account in such event.
If you have reason to believe that your account is no longer secure, you must:
• promptly change your password; and
• immediately notify us of the problem through our Customer Service contact page.
We may require you to change your account user name and password.
(a) Wireless charges
If you use a mobile device of any kind (including a mobile phone, tablet, laptop or other portable device) to interact with the service or to receive communications from us, you are solely responsible for all charges from your wireless and internet providers, including any data and messaging fees that you may incur.
We may make certain mobile software apps available for download in connection with the service, whether from the site or via third-party app stores. Such stores will have their own additional terms of service, rules and policies. You will need to comply with those in addition to these terms.
You may only use such apps for personal use. If you download the app onto any device that you do not own, you must have the owner’s permission to do so, and you will be responsible for complying with these terms, whether or not you own the device.
You are not permitted to copy such apps unless necessary to use such apps on approved devices, and you are not permitted to reverse-engineer, create derivative works from, decompile, modify, translate, merge, alter, transfer or distribute any such apps, unless such actions cannot be prohibited by law.
We do not guarantee that the apps will be compatible with your device, hardware, viewport, platform, operating system or software. Each app will have various technical specifications (such as a particular device type, device platform, operating-system version, browser type or viewport size or a minimum memory requirement) that will need to be satisfied for the app to function properly (or at all) on your device.
Some app features, functions or content may require activation or may only be available if you have created an account with us, or only available for a certain locality or limited period of time.
We may choose to make available software updates, bug fixes, patches, add-ons or other changes or enhancements to the apps from time to time. Such updates may be automatic if you choose, or (at our discretion) mandatory if you wish to continue using the apps.
You may not use or otherwise export or re-export the apps, or any other software provided as part of the service, except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, neither the apps, nor any other software, may be exported or re-exported into any U.S. embargoed countries or to any persons listed as prohibited under any relevant law or regulation.
So, if you download or use any software in connection with the service, you confirm that you are:
• not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
• not listed on any U.S. Government list (or other country’s governmental list) of prohibited or restricted parties. (c) iTunes App Store
The additional terms in this section 5(c) apply only to your use of apps downloaded through the iTunes App Store operated by Apple Inc. (“Apple”).
You agree that this agreement is solely between you and us, not Apple, and that Apple is not responsible for iTunes apps or their content. Apple has no obligation to provide any maintenance or support services in connection with iTunes apps.
You will not involve Apple in any claims relating to your use of iTunes apps, or in any third-party claims alleging infringement of intellectual property rights by the iTunes apps. You also agree to comply with all third-party agreements in connection with your use of iTunes apps (for example, your wireless provider agreement).
Finally, you agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries solely for the purpose of enforcing these additional terms against you in connection with your use of iTunes apps.
Some aspects of the service may require payments, in which case those will be subject to additional terms.
The service may feature virtual items. Those may only be used within the service, and some may need to be claimed or otherwise activated before they can be used. You receive only a limited license to use them in connection with the service and as governed by these terms and any relevant additional terms.
Our service may link to, integrate with or incorporate third-party content, sites, platforms or other services (“third-party services”), including other providers of Wizarding World-related products, services, content, software, games, merchandise, stores, live events, tours, experiences, exhibitions or other activities, as well as advertisers, online merchants and social networks.
We do not endorse and are not responsible for any third-party services (whether in terms of how correct, accurate, valid, proper, reliable, legal, secure, available, usable or effective they may be or otherwise), and we do not accept any liability in such connection. References to third-party services do not imply endorsement of any third-party services by us or any association with their operators.
Your dealings with any third-party service are solely between you and that third-party service.
If any parts of the service allow you to post or otherwise submit any content to the service, that will be subject to additional terms.
In using the service, you must not:
• attempt to interfere with the operation of the service in any way;
• copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense, scrape, crawl or in any other way exploit any part of the service, except:
(a) if and as far as authorized by these terms or permitted by law; or
(b) in the case of public search engines (which are granted a revocable right to crawl publicly accessible parts of the service in compliance with instructions posted on relevant “robots.txt” files and without circumventing any technical barriers), for the sole purpose of creating public searchable indexes, but not caches or archives;
• use any viruses, worms, bug exploits, or similar data-gathering and extraction tools on the service, or frame any part of the service, or attempt to tamper, hack, corrupt or impair the administration or security of the service;
• transfer, assign, sublicense or otherwise dispose of any of your rights or obligations under these terms to any person or entity without our prior written consent, which may be withheld in our sole discretion (and any such purported disposal without our prior written consent will be null and void);
• use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools or network probing tools) in connection with the service;
• use the service for any commercial purposes, including sending “spam” or any malicious or disruptive communications;
• decompile, reverse-engineer, disassemble or otherwise reduce the code used in any of our software (such as our apps or digital rights management features on the service) into a readable form in order (i) to examine the construction of such software or (ii) to copy or create other products based (in whole or in part) on such software or any feature of the service or piece of content available on the service (except only if and as far as permitted by law); or
• intercept, record or modify network communications transmitted between any of our software (such as our apps or digital rights management features) and our networks or systems.
Please be aware that we do not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts or other potential creative content. This is to avoid the possibility of future misunderstanding when projects developed by our staff or representatives might seem to others to be similar to their submitted concepts, creative ideas, suggestions, stories, scripts or other potential creative content. So please do not send us any unsolicited submissions. If you do send us an unsolicited submission, you understand and agree that your unsolicited submission does not create any fiduciary relationship between you and us, and that we are under no obligation to refrain from using the unsolicited submission (in whole or in part), to keep it confidential, or to compensate you if we make any use of it.
We make no representation that every aspect of the service is appropriate or available for use in any particular jurisdiction. By choosing to access and use the service, you agree that:
(a) you do so on your own initiative and at your own risk;
(b) you will not use the service if doing so would cause us or our affiliates to breach any sanctions laws;
(c) you are responsible for complying with local laws and regulations, if and as far as local laws and regulations apply; and
(d) you specifically agree to comply with all relevant laws and regulations concerning the transmission of technical data exported from the country in which you reside.
If and as far as there is any inconsistency between (i) any of these terms (and/or any relevant additional terms) and (ii) your legal rights in your country of residence, your rights under your local law will prevail as to those specific terms.
Depending on your place of residence, consumer protection laws may impose mandatory promises from us to you and may prevent exclusions or limits applying to certain types of liability. If so, nothing in these terms or in any of our additional terms will take precedence over those laws and you will still have your rights under those laws instead of the limited rights described below. For more information on your rights as a consumer under law, please consult your Citizens’ Advice Bureau, trading standards office or other similar organizations. Subject to the preceding provisions of this section 13:
(a) We promise that we will operate the service with reasonable skill and care, and that we will use our reasonable endeavors to correct any faults of which we are aware. We do not make any promises about the availability of the service or any services made available through it. In particular, we are not responsible for any technical problems you may experience with the service that may result in interruptions to the service or the service it delivers, or any bugs or viruses on the service or any other platform that the service is delivered through, the server that makes the service available or the content made available through the service. It is your responsibility to implement satisfactory safeguards and procedures to make sure that any files you obtain through the service are free from such bugs and viruses. Subject to section 13(d), the promises contained in this section 13 are in place of all warranties or conditions implied by law.
(b) Subject to section 13(d) and to the fullest extent permitted by law, if we fail to comply with these terms, we shall only be liable to you for an amount not exceeding $100 USD.
(c) SUBJECT TO SECTION 13(D):
(i) WE WILL NOT BE LIABLE FOR LOSSES THAT RESULT FROM OUR FAILURE TO COMPLY WITH THESE TERMS THAT FALL INTO ANY OF THE FOLLOWING CATEGORIES: ANY LOSS OF INCOME, REVENUE, BUSINESS, BARGAIN, DATA, PROFIT, GOODWILL, REPUTATION AND/OR OPPORTUNITY; OR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL LOSS. THIS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
(ii) WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, AND CONTAIN ACCURATE, COMPLETE AND/OR CURRENT INFORMATION.
(iii) WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ABOUT THIS SERVICE FOR ANY PURPOSE, AND HEREBY EXPRESSLY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ANY OTHER VIOLATION OF RIGHTS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, OR EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT LOSS, THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, PROVIDED THAT, IN ANY SUCH JURISDICTION, WE HEREBY DISCLAIM ALL WARRANTIES AND LIMIT OUR LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW.
(d) NOTHING IN THESE TERMS WILL EXCLUDE OR RESTRICT OUR LIABILITY IN RESPECT OF YOUR RIGHTS AS A CONSUMER UNDER LAW, FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
You agree only to use the service in accordance with these terms. You agree that you will compensate us (and our employees, agents and suppliers) in full for any damages, losses, costs and expenses (including reasonable legal fees) we incur that arise out of any breach by you of these terms or any liability we incur as a result of your use of the service and/or any other services we provide.
15 Governing law and dispute resolution
Except as otherwise required by law (such as any relevant requirements relating to dispute resolution under your local law):
(a) Informal resolution
If a dispute arises between you and us, you agree to provide us with notice of your complaint by email to [email protected] so that you and we can try to resolve the dispute informally within 60 days from the date when we receive your complaint.
(b) Relevant law, venue and language
Except as otherwise stated in these terms or required by law, these terms will be governed by, and construed and enforced in accordance with, the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California, excluding only the California body of laws concerning conflicts of law.
Except as set out below or otherwise required by law, you consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, including for any action seeking to compel arbitration or to vacate an arbitral award, and consent to the personal jurisdiction of such courts.
You also acknowledge and agree that any relevant U.S. state-law implementation of the U.S. Uniform Computer Information Transactions Act (including any available remedies) will not apply to these terms and is hereby disclaimed.
Some laws may require that these terms be presented and enforceable in a language other than English. In all other cases, the English-language version of these terms shall prevail.
(c) As an exception to section 15(b) above, and without prejudice to any other local law as far as it may require a different governing law and/or jurisdiction:
(d) if you habitually reside in the United Kingdom, these terms will be governed by, and construed and enforced in accordance with, the law of England and Wales and you and we both agree that the courts of England and Wales will have jurisdiction, except that:
(i) if you are a habitual resident of Northern Ireland you may also bring proceedings in Northern Ireland; or
(ii) if you are a habitual resident of Scotland or Wales, you may also bring proceedings in Scotland or Wales respectively; or
(iii) if you habitually reside in the Republic of Ireland, these terms will be governed by, and construed and enforced in accordance with, Irish law and subject to the non-exclusive jurisdiction of the Irish courts.
(a) Events outside our control
We shall not have any liability to you by reason of any delay or failure to perform any obligation under these terms if the delay or failure is caused by force majeure (such as any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lock-out, labor dispute, civil disturbance, riot, war, national emergency or governmental action) or other cause beyond our control.
(b) No waiver
No failure or delay by you or us in exercising our rights under these terms will amount to a waiver of those rights, nor will any partial exercise of any such rights preclude further exercise of those rights.
If any provision of these terms is held unlawful, void or for any reason unenforceable, that provision will be considered severable from these terms and will not affect the validity and enforceability of any remaining provisions.
The titles of the sections of these terms are for convenience of reference only and are not to be considered in interpreting this Agreement. In these terms, unless the context clearly requires otherwise, any reference to: (a) the plural includes the singular, the singular the plural, and the part the whole; (b) “or” has the inclusive meaning frequently identified with the phrase “and/or”; (c) “for example”, “in particular”, “including”, “other”, “such as” or similar words is without limitation. Any reference in these terms to any statute, rule, regulation or agreement (including these terms) will be treated as including that statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time.
Any provision of these terms which by its nature contemplates your or our continued compliance after the end of the contract formed by these terms will survive the end of that contract.
(f) Entire agreement
These terms, including any relevant additional terms forms the entire agreement between you and us relating to the matters contained in them.
(g) No rights for third parties
Except as far as specifically stated in these terms (such as in section 5(c)), these terms do not give rise to any rights for any third party to enforce any of these terms.
(h) Written communications
Applicable laws may require that some of the information or communications we send to you should be in writing. When using the service, you accept that communication with us will be mainly electronic. We may contact you by email or provide you with information by posting notices on the site. For contractual purposes, you agree to such electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications will be in writing. This condition does not affect your rights as a consumer under law.
We strive to make the content on the site usable by all visitors, including those with disabilities. If you are having difficulty using the site, with or without assistive technology, please contact us at [email protected]. To enable us to reply in a manner most helpful to you, please indicate the nature of your difficulty using the site, the specific site address (URL link) at issue, and your full contact information, including email address and phone number. Thank you for helping us make your online experience more enjoyable.
You may contact us at the address stated in section 17 above for an accessibility request, or contact Customer Service with general enquiries. Please do not send us any unsolicited submissions.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE ABOVE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.