Congratulations for being selected to participate in the “Beta” or Test version of the Pokémon Trading Card Game Online (“TCGO”). The following are some additional terms of use for your participation in TCGO. In addition to these additional terms of use, your participation in TCGO is also subject to the Terms of Use and Privacy Policy at
www.pokemon.com <http://www.pokemon.com/>.
Playing the TCGO requires registration and creation of a Pokémon Trainer Club Account at
www.pokemon.com <http://www.pokemon.com/> with a user name, password, and such contact and other information as we require. Once your registration information has been entered, your account will be created. You are responsible for maintaining the confidentiality of your username, password and other account information.
We hope that by participating in the Beta or Test version of TCGO, you will help us make the game better for everyone else. We may provide you with opportunities to let us know what works and what doesn’t work with TCGO. If you respond to any of our requests for information or if you report errors in TCGO or any other problems you discover with TCGO, you understand that Pokémon will own such feedback. It’s also important to the success of TCGO that you don’t tell everyone about any errors or problems you discover. Therefore, you also agree to keep any errors or problems you discover confidential.
You will not: (a) reproduce, distribute, disclose or create derivative works based on the contents of TCGO, or any part thereof; (b) decompose, disassemble or reverse engineer TCGO, or any part thereof, or otherwise use TCGO to develop functionally similar products or services; (c) modify, alter or delete any of the copyright, trademark, or other proprietary notices in or on TCGO; (d) use TCGO for the benefit of any third party, including without limitation, in an outsourcing, service bureau or timesharing arrangement; or (e) avoid, circumvent or disable any security or digital rights management device, procedure, protocol or mechanism in TCGO.
We may at various times permit you to use “real world” money to buy in-game virtual currency (“Gems”) that will permit you to buy certain virtual in-game products and services in TCGO. You may only purchase Gems in the amount and at times permitted by TCGO in its sole discretion. You may only purchase Gems for your personal use. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. For all charges for any Gems sold on TCGO, we will bill your credit card or alternative payment method offered by TCGO. You agree that you will not cancel or reverse any charges for such Gems or otherwise attempt to defraud us. In the event that your credit card or alternative payment provider refuses to pay us for an amount credited to your account, we will have the right to delete the Gems or the products or services purchased with such Gems from your account. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
ALL PURCHASES OF GEMS ARE NON-REFUNDABLE. YOU ACKNOWLEDGE THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED GEMS OR YOUR VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Certain jurisdictions may provide additional statutory rights, including a Cooling Off Period which allows you to withdraw from a purchase. Nothing herein is meant to limit your return or cancellation rights for your purchase of Gems under local law. ALL PURCHASES OF VIRTUAL IN-GAME ITEMS MADE THROUGH TCGO ARE NON-RETURNABLE AND NON-REFUNDABLE. If you redeem Gems to purchase in-game virtual items, you lose any statutory right of withdrawal because we begin performing our services upon your redemption of Gems for virtual in-game items.
Details of the Gems and the virtual in-game items available for purchase through TCGO are set out through TCGO. We may revise the pricing for Gems and the virtual in-game items offered through TCGO at any time. All prices for the Gems or the virtual in-game items available for purchase through TCGO are displayed inclusive of all taxes. All features, content, capabilities, and specifications of the virtual in-game items described or depicted on TCGO are subject to change at any time without notice. The inclusion of any virtual in-game items on TCGO at a particular time does not imply or warrant that these virtual in-game items will be available at any or all times. By placing an order, you represent that the virtual in-game items ordered will be used only in a lawful manner.
If your TCGO account is set to enable trading, you may be able to trade Gems and certain virtual in-game items for other virtual in-game items with other TCGO players. You acknowledge and agree that your decision to enter into any trade of virtual in-game items from TCGO is solely at your discretion and at your own risk. We do not screen trading partners. We make no guarantee that any trade will be satisfactory or that trades will be a fair exchange of value between the parties. We reserve the right to determine in our sole discretion which virtual in-game items may be traded between and among players. In some cases, traded virtual in-game items may only be traded for similar items (e.g. a rare card may only be traded for another rare card). In no event may you trade any virtual in-game items for “real” money, any other good or service outside of TCGO, or any promise to provide certain products or services whether in-game or outside the game. Any attempt to trade outside TCGO or trade a prohibited item may result in your account being suspended or terminated.
You understand that TCGO is being provided in a “beta” or test version and, therefore, TCGO is provided to you “AS IS” and may not work on every computer or in every situation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE POKÉMON COMPANY INTERNATIONAL, INC. (“TPCi”) DISCLAIMS ALL WARRANTIES RELATING TO TCGO, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE TCGO.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TPCi WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO TCGO UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF INFORMATION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY OR FOR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE PLAY OF OR INABILITY TO PLAY TCGO, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF TPCi OR ITS LICENSORS OR AGENTS.
YOU UNDERSTAND THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS LISTED ABOVE ARE A CONDITION OF TPCi MAKING THIS “BETA” OR TEST VERSION AVAILABLE TO YOU. WITHOUT THEM, TPCi WOULD NOT AND COULD NOT MAKE TCGO AVAILABLE.
BECAUSE THIS IS A “BETA” OR TEST VERSION OF TCGO, ANY ITEMS (E.G. BOOSTER PACKS) THAT YOU MAY EARN THROUGH PARTICIPATING IN A TEST TOURNAMENT OR OTHER GAME PLAY DURING THE TEST PERIOD ARE FOR THE TEST PERIOD ONLY AND MAY NOT BE REDEEMED OR CARRIED OVER AFTER THE END OF THIS TEST PERIOD ON AUGUST 16, 2011. ANY ITEMS IN YOUR TEST ACCOUNT ON AUGUST 16, 2011 MAY BE DELETED.
