MAGIC: THE GATHERING® ONLINE GAME (“GAME”) USER AGREEMENT AND SOFTWARE LICENSE (“LICENSE”)

PLEASE READ THE FOLLOWING TERMS, CONDITIONS, POLICIES, AND NOTICES CAREFULLY AND IN 
THEIR ENTIRETY. THIS LICENSE DESCRIBES THE TERMS ON WHICH WIZARDS OF THE COAST, INC. 
(“WIZARDS”) OFFERS YOU ACCESS TO AN ACCOUNT TO PLAY THE GAME. YOUR ACCEPTANCE OF THE 
TERMS BY CLICKING “I ACCEPT” AT THE BOTTOM OF THIS LICENSE CONSTITUTES YOUR ACCEPTANCE 
OF ALL SUCH TERMS OF THE LICENSE. WIZARDS MAY, AT ANY TIME, ADD, REMOVE, OR MODIFY THE 
TERMS OF THIS LICENSE BY POSTING A NOTICE OF SUCH CHANGES. ANY SUCH CHANGES SHALL BECOME 
PART OF THE LICENSE. YOUR CONTINUED USE OF THE GAME CONSITUTES YOUR AGREEMENT TO ALL 
SUCH TERMS. SHOULD YOU CHOOSE TO DECLINE, CLICK THE "I DECLINE" BUTTON, AT WHICH POINT 
YOU WILL BE UNABLE TO DOWNLOAD THE GAME. IN THIS EVENT, IF YOU ARE USING THE GAME CD-ROM, 
CONTACT YOUR RETAILER REGARDING ITS RETURN AND REFUND POLICY.

1. Magic: The Gathering® Online Description.
Magic: The Gathering® Online is an online game service (“Game Service”) that allows you 
to play the Game when you (i) obtain a copy of the Game either on CD-ROM (“CD”) or 
via download from the Wizards web site or a designated partner site (“Download”), 
which includes software and associated media, printed materials and/or electronic 
documentation, (ii) set up an account through the Game Service (“Account”), 
and (iii) utilize any software programs provided to you as an Account holder 
through the Game Service (together with the CD and Download, hereinafter, “Software”). 
In the Game, you will create a library of licensed digital objects that depict 
physical Magic: The Gathering® cards and will obtain a limited license for the 
right to use such cards. You will not acquire any ownership interest 
in the digital objects.

2. Account Eligibility.
The Account is personal to you and may not be transferred, sold or used by anyone else. 
The Game and Game Service are available only to individuals eighteen (18) years of age 
and older. If you are between the ages of thirteen (13) and eighteen (18), your parent 
or guardian must complete the registration process, in which case the parent or guardian 
will take full responsibility for all obligations under this License. By clicking the 
"I Accept" button and providing us with a credit card number when you register, you 
represent that you are at least eighteen (18) years of age and are either accepting 
this License on behalf of yourself or on behalf of your child. You may not transfer, 
sell, or share your Account with anyone, unless you are a parent or guardian, 
in which case you may permit one child to use the Account instead of yourself. 
You are liable for all activities conducted through the Account.

2.1a Eligibility (United States).
In addition to the above requirements, you must be physically located in a U.S. state in which 
participation in the tournaments offered on this Site is unrestricted by law.

Rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes 
are established by individual states. Based on these 50 sets of laws, the Site cannot 
offer fee-based tournaments with prizes to resident of the states of Arizona, 
Arkansas, Connecticut, Delaware, Florida, Iowa, Louisiana, Maryland, Nevada, 
Tennessee, Texas, Vermont, and Washington. You must be physically located 
in a U.S. state in which participation in the tournaments offered on the Site is 
unrestricted by law.

2.1b Eligibility (Non-U.S.).
You are subject to all laws of the state, province, and/or country in which you reside 
and from which you access the Site, and you are solely responsible for obeying those laws. 
You agree the Site cannot be held liable if laws applicable to you restrict or prohibit 
your participation. The Site makes no representations or warranties, implicit or explicit, 
as to your legal right to participate in any tournament offered on the Site, nor shall 
any person affiliated with or claiming affiliation with the Site have authority to make 
any such representations or warranties.

Wizards may require any participant receiving any prize to provide proof that he or 
she is eligible to participate according to Sections 2.1a and 2.1b.

It is the policy of Wizards, in compliance with the United States Internal Revenue 
Service regulations, to send a Form 1099 to any person who wins in excess of 
$600 (USD) in any given year. You remain solely responsible for paying all federal 
and other taxes in accordance with the laws that apply in your state, province, 
and/or country of residence.

A new law went into effect April 21, 2000, imposing new rules regarding the 
collection of personal information from children (The Children’s Online Privacy 
Protection Act). The Game Service is not directed to children under the age of thirteen (13). 
As such, if you are under the age of thirteen (13) you may not create an Account and are 
asked not to provide any personal information to Wizards.



Members whose Accounts have been previously terminated by Wizards may not access the 
Game Service in any manner or for any reason without the express written permission 
of Wizards. Active Members may not allow former Members to use the active Members' 
Account or User Name.

3. Security and Passwords.
Upon registration, you must select a User ID and password. You may not pick a User ID 
that violates anyone’s trademarks, publicity rights or other proprietary materials. 
You are responsible for maintaining the confidentiality of your password and for any 
harm resulting from your disclosure or from use by any person of your password to 
gain access to your Account and User Name. You are responsible for all uses of your 
user name and password, whether or not authorized by you. Wizards will never ask 
you for your password; as such you should never disclose your password to anyone. 
There may be an additional charge to reissue lost passwords. You acknowledge that 
although we may offer a feature that allows you to "save" or "remember" your 
password on your hard drive, this feature makes it possible for third parties 
to access your computer and thus your Account. Should you choose to utilize 
this password memory feature, it will be at your own risk.

4. Privacy.
You accept and agree to the terms of Wizards’ Privacy Policy, which is hereby 
incorporated by reference . 
We cannot ensure that your private communications and other personally identifiable 
information will not be disclosed to third parties. For example, we may be forced to 
disclose information to the government or third parties under certain circumstances, 
or third parties may unlawfully intercept our access transmissions or private 
communications. Additionally, we can (and you authorize us to) disclose any information 
about you to private entities, law enforcement and other government officials as we, 
in our sole discretion, believe necessary or appropriate to investigate or resolve 
possible problems or inquires. Furthermore, if you request any technical support, 
you consent to our remote accessing and review of the computer you load the Software 
onto for purposes of support and debugging. You agree that we may communicate with 
you via email and any similar technology for any purpose relating to the Game 
Service and any other services or software which may in the future be provided 
by us or on our behalf. You understand that Wizards or its representatives may 
monitor all communications made by or received by you while using the Game Service. 
You hereby consent to the extraction of hardware system profile data and any data 
related to operation of the Software through the Game Service from any computer 
that logs on to the Game Service using your Account.

5. Partial License Termination/Exchange.
The Game Service provides a mechanism whereby players can voluntarily terminate a portion 
of their limited license to use certain digital Magic: The Gathering® cards in exchange 
for a corresponding set of physical Magic: The Gathering® cards subject to the terms herein. 
A player must have obtained the right to use all of the online cards in the set and made his 
or her request within four (4) years of the first release date of the online set, provided that 
the online set is released within three (3) months of the release date of the corresponding 
physical set. For the avoidance of doubt, sets that are released online only (i.e., sets with 
no corresponding physical set) or released online more than three (3) months after the release 
date of the corresponding physical set (e.g., the Magic Online Masters Edition set) are not 
redeemable. A player must pay all shipping and handling costs. The online set of cards will 
then be removed from the user’s account. Wizards reserves the right, in its sole discretion, 
to limit or modify this exchange opportunity at any time, including without limitation by 
limiting the number of sets that can be exchanged, limiting the number of online cards that 
will be released for use, or charging additional fees for this service. A partial license 
termination of digital Magic cards as set forth herein may only be exchanged for physical 
Magic cards in a full set. For purposes of this License, a "full set" shall mean one of each 
card from the expansion or base set to which it relates.

6. Fees for Product and Service.
Fees for Game Product and billing procedures are contained at the billing section at 
http://magiconlinestore.wizards.com  (“Payment Page”) and are herein incorporated by 
reference. All fees are stated in U.S. Dollars. All fees must be prepaid and are non-refundable, 
unless otherwise expressly stated for the product. Upon your acceptance of this License, 
you authorize us to charge your credit card for any applicable fees plus taxes. Thereafter, 
on any future due date, you authorize us to charge your credit card for the then-current 
renewal rate for use of the Game Service plus applicable taxes. If your credit card cannot 
be processed at any time, your account may be immediately terminated. Prices and fees apply 
to the purchase or redemption of Game Products, including without limitation, online 
trading cards, booster packs, theme decks, tournament packs, and tournament tickets. 
There currently are no membership fees for use of the game service. Wizards may change 
its Game Product or membership fees and/or billing procedures upon thirty (30) days notice 
of the changes that shall be posted on the Payment Page. You are responsible for reviewing 
the Payment Page to obtain timely notice of such changes. If any such change is unacceptable 
to you, you may terminate your Account as provided in Section 16. Your continued use of the 
Game and Game Service fifteen (15) days after posting of the changes on the Payment Page will 
indicate acceptance of such changes. You are fully liable for all charges under your account, 
including any unauthorized charges. When you pay for any charges by credit card, you represent 
to Wizards that you are the authorized user of such credit card. You agree to promptly notify 
Wizards of any changes to your credit card account number, its expiration date and/or your 
billing address, and you agree to promptly notify Wizards if your credit card expires or is 
canceled for any reason.

7. Game and Forum Conduct and Use.
You agree to be personally responsible for your use of this Game and Game Service and 
conduct yourself in a lawful and respectful manner. You agree to follow the Game’s Rules 
of Conduct published by Wizards (“Rules of Conduct”), which are incorporated herein by 
reference . Wizards may change the Rules of Conduct at any 
time. You acknowledge, however, that Wizards does not pre-screen Member content or 
communication over the Game Service. Certain areas of the Game Service provide access 
to online forums or chat rooms (“Forums”). Discussion Forums and e-mail submissions 
over the Internet may not be secure. Please consider this fact prior to e-mailing any 
personal or confidential information. Wizards does not endorse, and specifically disclaims 
any responsibility or liability for any content in the Forums. In addition, Wizards, 
in its sole discretion, reserves the right to delete, move or edit content, in whole 
or in part, submitted to the Forums if it deems the content to be abusive, defamatory, 
obscene, in violation of intellectual property, privacy or other proprietary rights, in 
violation of this License, or for any other reason. You agree to use the Forums only 
to post, send and receive messages and material that are proper, related to the subject 
matter of the Forums and that comply with applicable law. You agree to any additional 
terms and conditions posted at the Forums.

Wizards has no obligation to monitor the Forums. However, Wizards reserves the right to 
review materials posted to the Forums and to remove any materials in its sole discretion. 
Wizards reserves the right to terminate your access to any Forum at any time, without notice, 
for any reason whatsoever. Furthermore, Wizards reserves the right at all times to disclose 
any information as Wizards deems necessary to satisfy any applicable law, regulation, 
legal process or governmental request, or to edit, refuse to post or to remove any information 
or materials, in whole or in part, in Wizards' sole discretion.

8. Intellectual Property Rights and Grant of License.
Subject to the terms of this License, Wizards hereby grants you a non-exclusive 
limited license (“License”) to use the Software, Game Service, and Game Products 
solely in connection with playing the Game via your authorized and fully paid Account. 
This License includes the right to trade online objects through the Game Service and 
to redeem online objects for physical objects, subject to the terms hereof. Except as 
provided by this License and the Rules of Conduct, you may not modify, copy, distribute, 
transmit, display, perform, reproduce, publish, license, or create derivative works from 
any information, software, products or services obtained from the Game or the Game Services. 
The Game and any Game Products are made available solely for use by end users according 
to the terms of this License. Any reproduction or distribution of the Game or Game Products 
not in accordance with this License is expressly prohibited by law, and may result in 
severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. 
You may not modify, reverse engineer, disassemble or decompile the Software except to the 
extent that this restriction is expressly prohibited by applicable law. You may not use the 
intellectual property contained in the Game, Game Service or the Software to create or 
provide any other means through which others may play the Game, as through server emulators. 
You may not take any action that imposes an unreasonable or disproportionately large 
load on our infrastructure. Should you do so, your account may be terminated. 
Neither this License nor your Account entitles you to any subsequent releases of 
the Software, or to any Game Products, including without limitation, online trading cards, 
booster packs, theme decks, tournament packs, and tournament tickets. From time to time, 
Wizards may release such Game Products, which may be obtained for a separate fee. 
Wizards may update or otherwise enhance the Software at any time and in doing so incurs 
no obligation to furnish such updates to you pursuant to this License.

Wizards and its suppliers shall retain ownership of all intellectual property rights 
relating to or residing in the CD, the Download, the Software, the Game Service, 
the Game Products, and the Game.

You grant to Wizards the unrestricted and irrevocable right (at no fee) to use, copy, 
modify, publish, perform, transmit, and display any content you submit via any media, 
and waive any moral rights you may have in such content.




COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Wizards Web Site, the CD, the Download, the Software, 
the Game Service, the Game Products, and the Game are: Copyright (c) 1993-2002 
Wizards of the Coast, Inc., P.O. Box 707 Renton, WA 98057-0707 USA. All rights reserved.

WIZARDS OF THE COAST, MAGIC, MAGIC: THE GATHERING, Magic: The Gathering Online, 
the Wizards of the Coast logo, the mana symbols, the expansion names and symbols, 
the play level symbols, character names and their distinctive likenesses and the 
trade dress or “look and feel”, and the pentagon of colors are trademarks owned 
by Wizards, a subsidiary of Hasbro, Inc. The names of actual companies and 
products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved to Wizards.

9. DISCLAIMER OF WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIZARDS HEREBY DISCLAIMS ALL WARRANTIES 
AND CONDITIONS WITH REGARD TO THE CD, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, 
THE GAME PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES INCLUDING ALL WARRANTIES 
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A 
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WIZARDS MAKES NO REPRESENTATIONS ABOUT 
THE SUITABILITY OF THE INFORMATION CONTAINED IN THE CD, THE DOWNLOAD, THE SOFTWARE, 
THE GAME SERVICE, THE GAME PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES 
FOR ANY PURPOSE. THE CD, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, THE GAME PRODUCTS, 
GAME, THE ACCOUNT, AND ALL OTHER SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

FOR YOUR CONVENIENCE, WIZARDS MAY MAKE AVAILABLE AS PART OF THE CD, THE DOWNLOAD, THE SOFTWARE, 
THE GAME SERVICE, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES, TOOLS AND UTILITIES FOR USE 
AND/OR DOWNLOAD. WIZARDS DOES NOT MAKE ANY WARRANTIES, ASSURANCES OR REPRESENTATIONS WITH 
REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS 
AND UTILITIES. YOU AGREE TO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING 
THE TOOLS AND UTILITIES MADE AVAILABLE. SOME STATES TO NOT ALLOW THE DISCLAIMER OF IMPLIED 
WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.

10. LIMITATION OF LIABILITY/INDEMNIFICATION.
IN NO EVENT SHALL WIZARDS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES 
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION 
FOR CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE 
USE OR PERFORMANCE OF THE CD, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, THE GAME PRODUCTS, 
THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES, PROVISION OF OR FAILURE TO PROVIDE RELATED 
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. WIZARDS’ LIABILITY TO YOU OR ANY 
THIRD PARTIES IS LIMITED TO $15. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF 
LIABILITY; AS SUCH THEY MAY NOT APPLY TO YOU IN THEIR ENTIRETY. YOU AGREE TO INDEMNIFY AND 
HOLD WIZARDS, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES HARMLESS 
FROM ANY CLAIM, DEMAND, OR DAMAGES, INCLUDING REASONABLE ATTORNEY’S FEES, ASSERTED BY ANY THIRD 
PARTY ARISING IN CONNECTION WITH YOUR USE OF YOUR ACCOUNT, THE GAME, THE GAME SERVICE, OR ANY OF 
THE FORUMS.

11. Technical Difficulties/Game Termination.
Wizards does not ensure continuous, error-free, secure, or virus-free operation 
of the Game Service, the Game, or your Account. Wizards shall not be liable for any 
delay or failure to perform resulting from technical difficulties. Further, Wizards 
cannot and does not promise or ensure that you will be able to access your Account 
whenever you want, and there may be extended periods of time when you cannot access 
your Account. Wizards may modify or cancel any element of the Game Service or Game 
in its sole discretion. Should the Game be terminated in its entirety, only those 
players holding licenses to use a complete set of digital Magic: the Gathering® cards 
at the time of the termination shall be eligible to receive physical Magic: the Gathering® 
cards in exchange for their online Magic: the Gathering® cards. Such players shall have 
twenty (20) days from the termination of the Game to request physical Magic: the Gathering® 
cards in accordance with Section 6.

12. No Unlawful Or Prohibited Use.
As a condition of your use of the Game and Game Service, you agree you will not use 
the Game or Game Service for any purpose that is unlawful or prohibited by these terms, 
conditions, and notices. You may not use the Game or Game Service in any manner that 
could damage, disable, overburden, or impair any Wizards web site or service 
(or the network(s) connected to any Wizards web site or service) or interfere with any 
other party's use and enjoyment of any Wizards web site or service. You may not attempt 
to gain unauthorized access to any Wizards web site or service, other registrations, 
accounts, computer systems, or networks connected to any Wizards web site or service, 
through hacking, password mining, or any other means. You may not cheat or steal or 
obtain or attempt to obtain any materials or information through any means not intentionally 
made available through any Wizards web site or service.

13. Language.
The parties hereby declare, and by these presents confirm, their express desire that this 
contract be written in English. Les parties déclarent qu’elles ont demandé et par les 
présentes confirment leur desir exprés que cette convention soit rédigee en anglais.

14. Termination.
This License is effective unless and until terminated by either you or Wizards. 
You may terminate this License at any time by providing Wizards with written notification. Wizards 
may terminate this License and deny you access to the Game, the Game Service, and your Account at 
any time if you (i) breach this License, or (ii) infringe any third party intellectual property 
rights, or (iii) if we are unable to verify or authenticate any information you provide to us, 
or (iv) upon gameplay, chat or any player activity whatsoever which is, in our sole discretion, 
inappropriate and/or in violation of the spirit of the Game or Game Service as set forth in the 
Code of Conduct, or (v) for violation Wizards’ Privacy Policy. Upon termination of the License 
by either you or Wizards, you shall immediately discontinue use of the Game, the Game Service, 
and your Account and shall promptly destroy all copies of the CD and/or delete all copies of 
the Download. Any fees associated with your use of the Game and the Game Service are payable 
in advance and not refundable in whole or in part. Your obligation to pay accrued charges and 
fees shall survive any termination of the License. If your Account is terminated, you will 
immediately forfeit the right to use all your online objects.

15. No Assignment.
This License is personal to you, and may not be assigned.

16. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS. U.S. GOVERNMENT RESTRICTED RIGHTS: 
The CD, the Download, the Software, the Game Service, and the Game are provided with RESTRICTED 
RIGHTS. Use, duplication or disclosure is subject to restrictions set forth in subparagraphs 
(a) through (d) of the Commercial Computer Software--Restricted Rights at FAR 52.227-19 
when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and 
Computer Software clause at DFARS 252.227-7013, and in similar clauses in the 
NASA FAR supplement, as applicable. Manufacturer is Wizards of the Coast, Inc., 
PO Box 707, Renton, Washington 98057. You are responsible for complying with all 
trade regulations and laws both foreign and domestic. You acknowledge that none 
of the CD, the Download, the Software, the Game Service, and the Game or underlying 
information or technology may be downloaded or otherwise exported or re-exported (i) 
into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, 
Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. 
Treasury Department's list of Specially Designated Nationals or the U.S. Commerce 
Department's Denied Parties List or Entity List. By using the CD, the Download, 
the Software, the Game Service, or the Game you are agreeing to the foregoing and 
are representing and warranting that (i) no U.S. federal agency has suspended, revoked, 
or denied you export privileges, (ii) you are not located in or under the control of a national or 
resident of any such country or on any such list, and (iii) you will not export or re-export the CD, 
the Download, the Software, the Game Service, and the Game to any prohibited county, or to 
any prohibited person, entity, or end-user as specified by U.S. export controls.

17. General.
This License is governed by the laws of the State of Washington, U.S.A. You hereby 
irrevocably consent to the exclusive jurisdiction and venue of the courts in King County, 
Washington, U.S.A. for all disputes arising out of or relating to this License. Use of 
the Game or Game Service is unauthorized in any jurisdiction that does not give effect 
to all provisions of these terms and conditions of this License. If any part of this 
License is determined to be invalid or unenforceable pursuant to applicable law 
including, but not limited to, the warranty, disclaimers and liability limitations 
set forth above, then the invalid or unenforceable provision will be deemed 
superseded by a valid, enforceable provision that most closely matches the intent of the 
original provision and the remainder of the License shall continue in effect. A printed version 
of this License and of any notice given in electronic form shall be admissible in judicial or 
administrative proceedings based upon or relating to this License to the same extent and 
subject to the same conditions as other business documents and records originally generated 
and maintained in printed form.