Terms of Use - US and Canada
Last updated: April 24, 2023
Welcome and thank you for using a Wizarding World service provided by us, Wizarding World Digital LLC.
These terms apply if you habitually reside in the United States of America or Canada. Otherwise, the Terms of Use for residents of the rest of the world govern your use of the service.
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 WAIVERS OF RIGHTS, LIMITATIONS OF LIABILITY AND YOUR INDEMNITY TO US. THESE TERMS MAY ALSO REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, WAIVING YOUR RIGHT TO A JURY TRIAL AND CLASS ACTION RELIEF.
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 US residents or, if you are a UK resident, our Terms of Purchase for UK 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.
By using the service, you agree to be bound by these terms, as well as any relevant additional terms (which are incorporated into these terms by reference), and you acknowledge the collection and use of your personal information and use of cookies by or for us and/or our subsidiary Wizarding World Digital Limited, as described in our Privacy Policy. If you do not wish to be bound by these terms and any relevant additional terms, please do not use the service.
Terms of Use – Contents
- Changes to these terms
- Your confirmations
- Our service
- User accounts: Wizarding Passport™
- Mobile devices
- Paid services
- Virtual items
- Third-party services
- User content
- Use of service
- Unsolicited submissions
- International use
- Disclaimer of warranties
- Limitation of liability and time limitation for claims
- Indemnity
- Dispute resolution
- Class action and jury trial waiver
- Governing law and venue
- Other important terms
- Accessibility
- Contact us
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, and/or by using some other reasonable means to notify you. Your continued use of the service after such notice will constitute your agreement to the modified terms, which will apply to your ongoing 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.
You also confirm that you have read, understand and agree to abide by these terms and any relevant additional terms, and that you have read, understand and acknowledge the privacy and cookies practices set out in our Privacy Policy and, if you are a child, our Children’s Privacy Policy.
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 full 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).
Any breach of these terms will automatically terminate the license granted to you under this section and require you to stop using the service and its content.
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
We reserve the right, in our sole 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) for any reason, including if we believe 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 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.
(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, and 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 and internet 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.
(b) Apps
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:
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(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
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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.
To learn more about a third-party service, please read its own terms of use and privacy and cookies policies.
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:
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attempt to interfere with the operation of the service in any way;
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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;
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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;
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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);
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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;
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use the service for any commercial purposes, including sending “spam” or any malicious or disruptive communications;
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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
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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.
TO THE FULLEST EXTENT PERMISSIBLE UNDER RELEVANT LAW (AND EXCEPT WHERE OTHERWISE PROVIDED IN ANY ADDITIONAL TERMS):
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YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
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THE SERVICE IS PROVIDED "AS IS” AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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WE DO NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE (OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE) WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
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WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE USE (OR THE RESULTS OF THE USE) OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, PLATFORM OR SERVICE LINKED TO THE SERVICE, INCLUDING AS TO:
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HOW CORRECT, ACCURATE, VALID, PROPER, RELIABLE, LEGAL, SECURE, AVAILABLE, USABLE OR EFFECTIVE THEY MAY BE OR OTHERWISE; OR
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WHETHER OR NOT THEY INFRINGE THE RIGHTS OF OTHERS, AND WE ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THEM. IF ANY RELEVANT LAW (SUCH AS YOUR LOCAL LAW) DOES NOT ALLOW SOME OR ALL THE EXCLUSIONS OR LIMITATIONS LISTED IN THIS SECTION 13, THOSE EXCLUSIONS OR LIMITATIONS WILL APPLY TO YOU ONLY AS FAR AS PERMITTED BY SUCH RELEVANT LAW.
14 Limitation of liability and time limitation for claims
TO THE FULLEST EXTENT PERMISSIBLE UNDER RELEVANT LAW (AND EXCEPT WHERE OTHERWISE PROVIDED IN ANY ADDITIONAL TERMS):
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WE DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHER) ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICE.
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IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS EXCEED THE GREATER OF:
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THE TOTAL AMOUNT (IF ANY) PAID BY YOU TO US IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
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ONE HUNDRED U.S. DOLLARS ($100).
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THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY TO ALL ACTIONS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS ON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
IF ANY RELEVANT LAW (SUCH AS YOUR LOCAL LAW) DOES NOT ALLOW SOME OR ALL THE EXCLUSIONS OR LIMITATIONS LISTED IN THIS SECTION 14, THOSE EXCLUSIONS OR LIMITATIONS WILL APPLY TO YOU ONLY AS FAR AS PERMITTED BY SUCH RELEVANT LAW.
SUBJECT TO SECTION 16, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OF YOUR USE OF THE SERVICE AND/OR SITE, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN US, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENTS. A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT OF COMPETENT JURISDICTION DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION 16, THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE (ALTHOUGH FOR THE SAKE OF CLARITY, IT MAY BE FURTHER EXTENDED IF YOUR DISPUTE, CLAIM OR CONTROVERSY IS PART OF A MASS FILING AS CONTEMPLATED IN SECTION 16.9).
For more information on your rights as a consumer under law, please consult your Citizens’ Advice Bureau, trading standards office or other similar organizations.
You agree to indemnify and hold harmless us, our affiliates and our and their respective officers, employees, agents and contractors from and against all losses, expenses, damages and costs (including reasonable legal fees and costs) resulting from: (i) your breach of any of the provisions of these terms; (ii) your use of the service; (iii) your submission of any content to the service; (iv) any use of your account in breach of these terms or your failure to fulfill any obligations incurred through the use of your account by you or a third party; or (v) your willful misconduct.
We endeavor to resolve customer concerns as quickly as possible. Please contact Wizarding World at [email protected]
In the unlikely event that you’re not satisfied with customer service’s solution, and you and Wizarding World are unable to resolve a dispute through the Informal Dispute Resolution Procedures below, we each agree to resolve the dispute through binding arbitration or small claims court instead of in courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this arbitration provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you may be entitled to recover attorneys’ fees from us to the same extent as you would be in court.
ARBITRATION AGREEMENT
(1) Claims Subject to Arbitration: To the fullest extent permitted by applicable law, Wizarding World and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This Arbitration Agreement is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
• claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
• claims for mental or emotional distress or injury not arising out of physical bodily injury;
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of this Agreement.
References to “Wizarding World,” “you,” “we” and “us” in this Arbitration Agreement include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries and affiliates (including Warner Bros. Discovery, Inc. and its affiliates); those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; and all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may elect to have claims heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. You agree that, by entering into this Agreement, you and we are each waiving the right to participate in a class action and to a trial by jury to the fullest extent permitted by applicable law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration provision. This Arbitration Agreement shall survive termination of this Agreement.
(2) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, a party who intends to initiate arbitration or file a claim in small claims court must first send to the other a written Notice of Dispute (“Notice”). A Notice from you to Wizarding World must be emailed to [email protected](“Notice Address”). Any Notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) if you are submitting the Notice, any relevant facts regarding your use of the Sites, including whether you have created an account with or receive any newsletters associated with any of the Sites; (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation for them; and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.
After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Subsection 16. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and Wizarding World have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures. If the arbitration is already pending, it shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.
(3) Arbitration Procedure: The arbitration will be governed by applicable rules of National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”)), as modified by this Arbitration Agreement, and will be administered by NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.) The NAM Rules are available online at https://www.namadr.com/, by calling NAM at 1-800-358-2550, or by requesting them in writing at the Notice Address. You may obtain a form to initiate arbitration at: https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM.
You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced in Section 16.2 and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).
All issues are for the arbitrator to decide, except as otherwise expressly provided herein and except as to issues relating to the scope and enforceability of the Arbitration Agreement or whether a dispute can or must be brought in arbitration (including whether a dispute is subject to this Arbitration Agreement or a previous arbitration provision between you and Wizarding World), which are for a court of competent jurisdiction to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers.
Unless we and you agree otherwise, or the applicable NAM Rules dictate otherwise, any arbitration hearings will take place in the county (or parish) of your billing address and you and a Wizarding World representative will be required to attend in person. For residents outside the United States, arbitration shall be initiated in New York, New York. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between you and Wizarding World and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, you and Wizarding World agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
(4) Arbitration Fees: The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If after exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith. You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees.
(5) Confidentiality: Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
(6) Offer of Settlement: In any arbitration between you and Wizarding World, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party’s favor and is less than the defending party’s settlement offer or if the award is in the defending party’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.
(7) Requirement of Individualized Relief: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated. You agree that any arbitrations between you and Wizarding World will be subject to this Section 16 and not to any prior arbitration agreement you had with Wizarding World, and, notwithstanding any provision in this Agreement to the contrary, you agree that this Section 16 amends any prior arbitration agreement you had with Wizarding World, including with respect to claims that arose before this or any prior arbitration agreement.
(8) Opt Out of Future Changes: Notwithstanding any provision to the contrary, if Wizarding World makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending Wizarding World an email to [email protected] within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) if applicable, the username or email address associated with any potential account or newsletter; and (v) the approximate date of your initial use of the relevant Site. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to reject the change to the Arbitration Agreement. This is not an opt out of arbitration altogether.
(9) Mass Filing:
If, at any time, 25 or more claimants (including you) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements in Section 16.2, until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Stage One: Counsel for the claimants and counsel for Wizarding World shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Wizarding World shall pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Wizarding World shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Wizarding World shall pay the mediator’s fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Wizarding World shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
If your claim is not resolved as part of the staged process identified above, either:
Option One: You and Wizarding World may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with the Agreement. You may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out by sending Wizarding World an email to [email protected]. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. Wizarding World may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30 day opt out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor Wizarding World elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with this Agreement.
You and Wizarding World agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and Wizarding World acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
(10) Severability: If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
17 Class action and jury trial waiver
You and Wizarding World agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and Wizarding World may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and Wizarding World may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or Wizarding World may participate in a class-wide settlement.
To the fullest extent permitted by law, you and Wizarding World waive any right to a jury trial.
These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute that is not subject to arbitration under Section 16 (Dispute Resolution) of the Agreement, or any issues involving arbitrability or enforcement of any provisions under Section 16 shall be brought in the appropriate state or federal court located in New York County, New York; and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York for the adjudication of all non-arbitral claims.
(a) Force majeure
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 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.
(c) Severability
Except as specified in Section 16 (Dispute Resolution), if any provision or portion thereof of this Agreement shall be unlawful, void, invalid, or for any reason unenforceable, then that portion shall be deemed to be severable from this Agreement and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein. This is the entire agreement between the parties relating to the matters contained herein.
(d) Interpretation
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.
(e) Survival
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.
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