These Website Terms and Conditions of Use (the “Terms of Use”) apply to the ArenaNet, Guild Wars and Guild Wars 2 websites located at www.arena.net, www.guildwars.com and www.guildwars2.com, respectively, as well as all associated sites linked to such sites (collectively, the “Sites”). The Sites are the property of ArenaNet, LLC (“ArenaNet”) and its licensors.

BY USING THE SITES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITES.

ArenaNet reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Sites following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ArenaNet grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Sites.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content contained on the Sites is owned, controlled or licensed by or to ArenaNet, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without ArenaNet’s express prior written consent.

You may use information on ArenaNet products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by ArenaNet for downloading from the Sites, provided that you:

1. Do not remove any proprietary notice language in all copies of such documents
2. Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media
3. Make no modifications to any such information
4. Do not make any additional representations or warranties related to such documents

Your Use of the Sites

You may not use any “deep-link,” “page-scrape,” “robot”, “spider” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. ArenaNet reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any ArenaNet server, or to any of the services offered on or through the Sites, by hacking, password “mining,” or any other illegitimate or unlawful means.

You may not probe, scan, or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites.

You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Sites, or any other customer of ArenaNet, including any ArenaNet account not owned by you, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sites.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or ArenaNet’s systems or networks, or any systems or networks connected to the Sites or to ArenaNet.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on or through the Sites, or with any other person’s use of the Sites.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ArenaNet on or through the Sites or any service offered on or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ArenaNet or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Sites, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature.

If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Sites or for any service offered on or through the Sites, the latter terms shall control with respect to your use of that portion of the Sites or the specific service.

ArenaNet’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on these Sites should be construed to alter such agreements.

ArenaNet may make changes to any products or services offered on or through the Sites, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Sites with respect to products and services may be out of date, and ArenaNet makes no commitment to update the materials on the Sites with respect to such products and services.

The following terms also govern and apply to your use of the Sites, and they are incorporated herein by this reference: User Agreements

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Sites.

Accounts, Passwords, and Security

Certain features or services offered on or through the Sites may require you to open an account (including setting up a user name and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.  You may have an option to access or open an account via a third party service such as Facebook.  You acknowledge that ArenaNet may use information from that service and that ArenaNet is not responsible for and does not control what information a third party service provides to it.  Use of any information, including your email address and profile information, that a third party service provides to ArenaNet will be subject to ArenaNet’s Privacy Policy.  You are responsible for checking the settings of any third party service, including Facebook, that may share your information with ArenaNet before you use that service to open or log in to an ArenaNet account.

You agree to notify ArenaNet immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by ArenaNet or any other user of or visitor to the Sites due to someone else using your user name, password or account.

You may not use anyone else’s user name, password, or account at any time without the express permission and consent of the holder of that user name, password or account. ArenaNet cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

ArenaNet’s Privacy Policy applies to use of the Sites, and its terms are made a part of these Terms of Use by this reference. To view ArenaNet’s Privacy Policy, click here.

Additionally, by using the Sites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Sites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the ArenaNet Sites

The Sites may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ArenaNet’s control, and ArenaNet is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

ARENANET DOES NOT PROMISE THAT THE SITES OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITES WILL PROVIDE SPECIFIC RESULTS. THE SITES AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

ALL INFORMATION PROVIDED ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. ARENANET CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ARENANET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ARENANET DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES AND/OR ANY ARENANET SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ARENANET FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

ArenaNet reserves the right to do any of the following, at any time, without notice to:

1. Modify, suspend or terminate operation of or access to the Sites, or any portion of the Sites, for any reason
2. Modify or change the Sites, or any portion of the Sites, and any applicable policies or terms
3. Interrupt the operation of the Sites, or any portion of the Sites, as necessary to perform routine or non-routine maintenance, error correction, or other changes

Limitation of Liability

Except where prohibited by law, in no event will ArenaNet be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if ArenaNet has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, ArenaNet is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Sites or any Content, ArenaNet’s liability shall in no event exceed the total of any subscription or similar fees with respect to any service or feature of or on the Sites paid in the six months prior to the date of the initial claim made against ArenaNet (but not including the purchase price for any ArenaNet software products).

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold ArenaNet, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against ArenaNet by any third party due to or arising out of or in connection with your use of the Sites.

Your User Submissions, Feedback, and Conduct

As a user of the Sites, you may submit, among other things, (i) video content, pictures, images, fan art, and/or fan fiction (collectively referred to as “User Submissions“) and/or (ii) suggestions, ideas, notes, feedback, concepts, or other information concerning ArenaNet products or services, whether at ArenaNet’s specific request, despite ArenaNet’s request that you not do so, or otherwise (collectively referred to as “Feedback“).

You understand that whether or not such User Submissions and/or Feedback are published, ArenaNet does not guarantee any confidentiality with respect to any User Submissions and/or Feedback.

You shall be solely responsible for your own User Submissions and/or Feedback and the consequences of posting or publishing them. In connection with User Submissions and/or Feedback, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize ArenaNet to use all patent, trademark, trade secret, copyright, or other proprietary rights (collectively, “Intellectual Property Rights“) in and to any and all User Submissions and/or Feedback to enable inclusion and use of the User Submissions and/or Feedback in the manner contemplated by the Sites and these Terms of Use.

For clarity, you retain all of your ownership rights in your User Submissions, except to the extent that such User Submissions constitute derivative works of content owned or licensed by ArenaNet, which derivative works shall be deemed, and shall remain, the property of ArenaNet from the moment of creation.

However, by submitting User Submissions to ArenaNet, you hereby grant ArenaNet a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, modify, adapt, publish, broadcast, license, post, sell, translate, distribute, prepare derivative works of, display, and perform the User Submissions for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the User Submissions.

You also hereby grant each user of the Sites a non-exclusive license to access your User Submissions through the Sites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Sites and under these Terms of Use. The above licenses granted by you are perpetual and irrevocable.

Feedback shall be deemed, and shall remain, the property of ArenaNet from the moment of creation. Accordingly, ArenaNet shall exclusively own all now known or hereafter existing copyrights and all other Intellectual Property Rights to all Feedback of every kind and nature, in perpetuity, throughout the universe. To the extent that any of the above may be void or unenforceable, you agree that any and all Feedback is hereby irrevocably assigned to ArenaNet, together with all Intellectual Property Rights therein.

In any event, you agree that ArenaNet shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from, and distribute any Feedback for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Feedback.

You also give up any claim that any use by ArenaNet and/or its licensee(s) of any Feedback and/or User Submissions violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.

If you provide any Feedback and/or User Submissions, you warrant that you are eighteen years of age or older. If you are under eighteen years of age, you are not permitted to provide ArenaNet with Feedback and/or User Submissions.

In connection with User Submissions and/or Feedback, you further agree that you will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party Intellectual Property Rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ArenaNet all of the license rights granted herein.

You further agree that you will not, in connection with User Submissions and/or Feedback, submit material that is contrary to the ArenaNet’s Rules of Conduct associated with any of its games, found at http://legal.guildwars.com/en/gw-rules-of-conduct-en.pdf and http://www.guildwars2.com/en/legal/guild-wars-2-rules-of-conduct/, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

ArenaNet does not endorse any User Submission and/or Feedback or any opinion, recommendation, or advice expressed therein, and ArenaNet expressly disclaims any and all liability in connection with User Submissions. ArenaNet does not permit copyright infringing activities and infringement of Intellectual Property Rights on its Sites, and ArenaNet will remove all User Submissions and/or Feedback if properly notified that such User Submission and/or Feedback infringes on another’s Intellectual Property Rights. ArenaNet reserves the right to remove User Submissions and/or Feedback without prior notice.

Violation of These Terms of Use

ArenaNet may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Sites, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ArenaNet’s rights or property, or the rights or property of visitors to or users of the Sites, including ArenaNet’s customers.

ArenaNet reserves the right at all times to disclose any information that ArenaNet deems necessary to comply with any applicable law, regulation, legal process, or governmental request. ArenaNet also may disclose your information when ArenaNet determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that ArenaNet may preserve any transmittal or communication by you with ArenaNet through the Sites or any service offered on or through the Sites, and may also disclose such data if required to do so by law or ArenaNet determines that such preservation or disclosure is reasonably necessary to:

1. Comply with legal process
2. Enforce these Terms of Use
3. Respond to claims that any such data violates the rights of others
4. Protect the rights, property or personal safety of ArenaNet, its employees, users of or visitors to the Sites, and the public
5. You agree that ArenaNet may, in its sole discretion and without prior notice, terminate your access to the Sites and/or block your future access to the Sites if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Sites.

You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ArenaNet, for which monetary damages would be inadequate, and you consent to ArenaNet obtaining any injunctive or equitable relief that ArenaNet deems necessary or appropriate in such circumstances.

These remedies are in addition to any other remedies ArenaNet may have at law or in equity.

You agree that ArenaNet may, in its sole discretion and without prior notice, terminate your access to the Sites, for cause, which includes (but is not limited to):

1. Requests by law enforcement or other government agencies
2. Discontinuance or material modification of the Sites or any service offered on or through the Sites
3. Unexpected technical issues or problems
4. If ArenaNet does take any legal action against you as a result of your violation of these Terms of Use, ArenaNet will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ArenaNet.

You agree that ArenaNet will not be liable to you or to any third party for termination of your access to the Sites as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Sites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.

In the event of any controversy or dispute between ArenaNet and you arising out of or in connection with your use of the Sites, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation.

If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

ArenaNet administers and operates the Sites from its location(s) in Bellevue, Washington, USA and/or Austin, Texas, USA; other ArenaNet sites may be administered and operated from various locations inside or outside the United States.

Although the Sites are accessible worldwide, not all features, products or services discussed, referenced, provided, or offered through or on the Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the North America. ArenaNet reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area.

Any offer for any feature, product, or service made on the Sites is void where prohibited. If you choose to access the Sites from outside North America, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Sites, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

These Terms of Use (including all agreements and policies referenced herein) constitute the entire agreement between you and NCsoft with regard to your use of the Sites, and any and all other written or oral agreements or understandings previously existing between you and ArenaNet with respect to such use are hereby superseded and cancelled. ArenaNet will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.

ArenaNet’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ArenaNet of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between ArenaNet and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Piracy Prevention

ArenaNet actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Software Piracy

Software piracy (the illegal copying of software programs) is a worldwide problem–more than $11 billion is lost to piracy every year! Because software is valuable, and it is easy to create an exact copy of a program from a single computer, software piracy is widespread.

The illegal copying of software programs is a crime! In the United States and many other countries, copyright law provides for severe civil and criminal penalties for the unauthorized reproduction or distribution of copyrighted material. Copyrighted material includes, but is not limited to, computer programs and accompanying sounds, images and text.

Under U.S. law, infringement may result in civil damages of up to $150,000 and/or criminal penalties of up to five years imprisonment and/or a $250,000 fine.

Please join ArenaNet in its piracy prevention efforts. You can report incidents of software piracy from the Sites by sending an email to support@arena.net.

Software and Documentation Information

Software

Use of the software from the Sites is subject to the applicable user agreement, rules of conduct and/or other legal agreements or documents set forth at www.guildwars.com/legal and www.guildwars2.com/legal/.

Third Party Companies and Products

Mention of third-party products, companies, and websites on the ArenaNet Sites is for informational purposes only and does not constitute either an endorsement or a recommendation. ArenaNet assumes no responsibility with regard to the selection, performance, or use of these products or vendors. ArenaNet provides such information only as a convenience to our users.

ArenaNet has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and ArenaNet assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet.

All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor.

The information contained in the Sites is subject to change without notice.

August 2015