Terms of Sale
Certain products, services, and digital content may from time to time be made available to you (“you” or “User”) by Wikia, Inc. or its affiliates (referred to herein as “us”, “we” or “Wikia”) in connection with Wikia’s websites, software applications, or other services offered by Wikia (“Service”). By purchasing products, services, or digital content, including any purchases made as a gift to another user, through the Service that link to this Terms of Sale (“Ancillary Products and Services”), you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase (“Terms of Sale”). Your purchases of Ancillary Products and Services and your use of the Service are also governed by the Wikia Terms of Service (“Terms of Service”), which are incorporated herein by reference.
These Terms of Sale are subject to change without prior written notice, in Wikia’s sole discretion. If Wikia changes these Terms of Sale, and we provide notice, we may do so by sending an email, posting a notice on the Service or indicating a “Last Updated” date on these Terms of Sale. Please check these Terms of Sale periodically for those changes. Any modified terms will apply to any purchases made after such changes are posted on the Service. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on the Service.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
To make a purchase on the Service, you must be a registered Service user and comply with these Terms of Sale (including the Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Wikia sells its Ancillary Products and Services only to those users who can legally make purchases with a credit card. If you are between the ages of 13 and 18 (or the legal age of majority in your state of residence), you may make purchases on the Service only with the permission of a parent or guardian. Wikia reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Subscription Service Terms
Wikia may offer certain Ancillary Products and Services in connection with the Service on a subscription basis with recurring payments (“Subscription Services”). Subscription Services may renew automatically, with payment due prior to each renewal. You agree to pay your subscription fee in advance of receiving any such Subscription Service. Wikia reserves the right to discontinue or modify any subscription fee payment option. If we discontinue or modify a subscription payment option, we will provide notice of such discontinuance or modification. You must affirmatively consent to the new payment terms in order to continue receiving the Subscription Services. If you do not affirmatively consent, your subscription will be cancelled. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Subscription Service that is subject to the promotion.
You are responsible for all charges incurred under your account. Wikia reserves the right to deactivate Subscription Services to your account if payment is past due, regardless of the dollar amount.
Subscription Service – Automatic Payments
If you choose a Subscription Service (including any pre-paid subscription option, gift subscriptions, or subscription which reverts to a monthly payment plan at the expiration of the pre-paid period), you hereby grant Wikia permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period. Your access, or the gift recipient’s access, to the Subscription Services will not be established until Wikia has verified that the credit card or other payment information you provide Wikia for payment is accurate and that your payment method account is in good standing.
You further agree that Wikia may charge any other applicable fees for the Service or Ancillary Products and Services, if disclosed to you in connection with your purchase, to your payment method, including any early termination fee.
You are required to keep your billing information current, complete and accurate (for example, if you move, be sure to update your billing address, if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify Wikia if your selected payment method is cancelled (e.g., for loss or theft).
Wikia reserves the right to suspend or terminate your access to any Subscription Service that is a part of the Service without notice upon rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made to Wikia when Wikia believes you are liable for the charges.
Cancellation of Subscription Services
You may choose not to renew your Subscription Service at any time.
For Subscriptions Services, you may choose to not renew by selecting the “Do Not Renew” option under your subscription settings in the relevant Service or by contacting customer support via e-mail (e.g., firstname.lastname@example.org).
Your cancellation is effective at the end of the current subscription term.
D&D Beyond Policy
D&D Beyond is a service made available by Wikia at dndbeyond.com for fans and players of Wizard of the Coast’s Dungeons and Dragons game system. From time to time, we may allow Users, via dndbeyond.com, to “earn,” “buy,” “unlock,” “purchase,” or otherwise gain access to certain digital goods, such as packs or add-ons, constituting units of information regarding Dungeons and Dragons (for example, the details of a spell or a particular weapon) for use in conjunction with D&D Beyond tools and/or content. These digital goods may be sold individually, or may be sold in groupings.
By “earning,” “buying,” “unlocking,” “purchasing,” or otherwise gaining access to these digital goods in connection with D&D Beyond, you obtain a non-exclusive, revocable, limited right and license to access the software programs, information, and/or functionality that manifest themselves as such digital goods for non-commercial, personal entertainment purposes only, subject to your compliance with these Terms and any other relevant policies enacted by Wikia from time to time. The purchase price or other cost of such limited licenses is not refundable, transferable or exchangeable including, without limitation, upon termination of your account, upon termination of these Terms, upon the discontinuation of the Service, or otherwise. Wikia, or applicable 3rd parties, reserves all ownership right, title and interest in and to the digital goods described here, and all associated intellectual property rights therein. All details and restrictions on these digital goods not specified in these Terms or elsewhere on the Service will be determined by Wikia in its sole discretion.
You acknowledge and agree: (a) that Wikia may change the price of digital goods on D&D Beyond at any time, without notice, for any reason or for no reason, (b) that the amount of currency necessary to obtain certain digital goods may fluctuate, (c) that Wikia has no liability to you for any changes in the price of such D&D Beyond digital goods and/or the amount of currency necessary to obtain such digital goods, (d) that digital goods made available by Wikia on D&D Beyond are only usable in conjunction with the D&D Beyond toolkits, and are not designed to be exported or used with other toolkits or systems, and (e) that toolkits and other functionality on D&D Beyond are provided as-is, and are subject to changes and further development.
Wikia reserves the right to deactivate a User from any Wikia service for any reason or no reason. Once a User has been deactivated, any digital goods accumulated by that User in connection with using D&D Beyond will be forfeited and may not be reinstated.
We do not offer any refunds or credits, including, without limitation, fees for Subscription Services. Wikia reserves the right to modify this refund policy at any time.
Payment Method and Terms
We currently accept major credit cards, certain debit cards, PayPal and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorize Wikia, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available by Wikia.
PLEASE NOTE: Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through its financial institutions and complying with any federal and state laws and regulations. They may also communicate directly with you regarding any issues with a payment.
If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact customer support via the email address made available to you in connection with the purchase.
Wikia may impose an additional transaction fee based on transactions associated with Service, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your consummation of the relevant transaction.
Your purchase and enjoyment of Ancillary Products and Services may be subject to additional third-party legal terms. You are bound by such third-party legal terms and we encourage you to read them.
With respect to Ancillary Products and Services you purchase in connection with the Service, you acknowledge and agree that upon making such Ancillary Products and Services available to you (or to their intended authorized recipients), Wikia will have fully satisfied its obligation to deliver or otherwise provide such products, services or digital content, regardless of any failure or inability to use such products, services or digital content.
Service Descriptions and Availability, Errors
Wikia and its suppliers and licensors continually upgrade and revise the Service to provide you with new Ancillary Products and Services. Wikia may revise, discontinue or modify Ancillary Products and Services at any time without prior notice to you, and Ancillary Products and Services may become unavailable without notice. Wikia shall have no liability of any kind if an Ancillary Service that has been ordered is unavailable. If necessary, Wikia reserves the right to cancel an order or substitute an Ancillary Product or Service of equal or greater value when a product, service or digital content is unavailable.
We attempt to be as accurate as possible and eliminate errors on the Service; however we do not warrant that any Ancillary Products and Services or description, photograph, pricing or other information of a product, service or digital content is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Service, in an order confirmation, in processing an order, delivering an Ancillary Product or Service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method. Wikia reserves the right to determine and modify from time to time the exact nature of any such service credit, including conversion into one or more different types of Ancillary Products and Services credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
You are responsible for any applicable national, state or local sales or use taxes, value added taxes (“VAT”) or similar taxes or fees payable in connection with your purchase of any products, services, or digital content for yourself or as a gift. As the purchaser of a subscription or digital good for another party as a gift, taxes or other fees on that transaction will be calculated based on your country of residence. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Wikia reserves the right to collect such taxes or other fees from you at any time.
THE SERVICE AND ANY ANCILLARY SERVICES OR ANY OTHER SERVICES MADE AVAILABLE THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
THE SERVICE AND ANY ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT MADE AVAILABLE THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WIKIA AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS (“WIKIA PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WIKIA CANNOT GUARANTEE AND DOES NOT WARRANT ANY SPECIFIC RESULTS FROM USE OF ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS OR SERVICES. WIKIA DOES NOT REPRESENT OR WARRANT THAT ANY ANCILLARY PRODUCTS AND SERVICES OR OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY ASPECT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Wikia. Nothing in these paragraphs will operate to exclude or limit warranties or liabilities which may not be excluded or limited under applicable law.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WIKIA OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT, EVEN IF WIKIA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WIKIA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO WIKIA FOR THE ANCILLARY PRODUCT OR SERVICE FROM WHICH THE CLAIM AROSE, BUT IN NO CASE WILL THE WIKIA’S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO WIKIA FOR THE ANCILLARY SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM WIKIA, REGARDLESS OF THE CAUSE OF ACTION.
Governing Law; Venue and Jurisdiction
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH WIKIA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WIKIA.
You and Wikia agree to arbitrate any dispute arising from these Terms of Sale or your use of the Service, except that you and Wikia are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Wikia agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Wikia shall be sent to Wikia, Inc., Attn: General Counsel, 149 Montgomery St., 3rd Floor, San Francisco, CA 94105. You and Wikia further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in San Francisco County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Wikia will not commence against the other a class action, class arbitration or other representative action or proceeding.
You will indemnify, defend and hold harmless Wikia, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any products, services or digital content, or any violation of this Agreement or of any law or the rights of any third party.
These Terms of Sale, along with the Terms of Service, constitute the entire agreement between you and Wikia regarding purchases you make on the Service, superseding any prior agreements between you and Wikia relating to such purchases. The failure of Wikia to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Terms of Service, the Terms of Service shall be controlling.
Please contact email@example.com, or write to
149 Montgomery St., 3rd Floor
San Francisco, CA 94105