There may occasionally be extra charges to access certain areas of the Wizard site(s). We will provide clear indication of any charges before you enter such areas.

When you do incur such charges, we expect you to pay them on time. We will charge the credit card on file for such charges and support them with a statement emailed to your email account on record. We will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your credit card is rejected and payment is more than 30 days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that we may incur in our efforts to collect any remaining balances from you. You should let us know about any billing problems or discrepancies within 30 days after they first appear on your member statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

3. CONTENT
Content includes all of the text, images, data, software, files, and other information provided on or through the Wizard site(s) and services, including e-mail. Content is provided by Wizard, our members, our affiliates, and/or independent content providers under license.

We do not pre-screen content available on the site. Wizard does not assume any responsibility or liability for content that is provided by others, including our members. We do reserve the right, in our sole discretion, to refuse or remove any content that, in our judgment, does not meet our approval or does not comply with our Community Standards. We are not, however, responsible for any failure or delay in removing such material.

You understand that all text, images, data, software, files and other information ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Wizard are entirely responsible for all Content that you publish, post, email or otherwise transmit via our Service. Wizard does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Wizard, Inc. or submitted to Wizard, Inc. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

Under no circumstances will Wizard be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge and agree that Wizard may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Wizard its users and the public.

You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Some of the content available on our site(s) is owned by others, and is protected by copyrights, trademarks, and other intellectual property rights. Any content that you download from our site(s) or publish to our site(s) must be authorized -- that is, you must have the legal right to download or publish the content. You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find on our site(s), unless you have the legal right to. Making unauthorized copies of any content found on our site(s) can lead to the termination of your membership and may even subject you to further legal action beyond the termination of your membership. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to hold harmless Wizard and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.

Remember that some areas of Wizard are "public," like message boards, chats, Public Portfolios, etc. and other members will have access to your posted material and might copy, modify or distribute it. By submitting or posting content there, you are representing that you are the owner of such material or have authorization to distribute it. Once you post content on our site(s), you expressly grant us the complete right to use, reproduce, modify, distribute, etc. the content in any form, anywhere.

With respect to all Content you elect to post to other publicly accessible areas of the Service, you grant Wizard the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

No Harvesting of Member Information:
You may not harvest or collect or otherwise use any information on the Wizard site(s), including member names, member portfolio information, personal member information, etc. All use of such information is prohibited and the use of such information for the purpose of sending unsolicited bulk e-mail is strictly prohibited. Any violation of these provisions will subject your Wizard membership to immediate termination and further legal action. We reserve the right to take any and all legal and technical remedies to prevent unsolicited bulk e-mail from being sent to our members.

4. LINKS BEYOND WIZARDUNIVERSE.COM
We may provide, or third parties may provide, links to other World Wide Web sites or resources from the Wizard site(s). You acknowledge and agree that Wizard is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Wizard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our site(s), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Wizard shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our site(s).

5. SOFTWARE LICENSES & USAGE
Our service is provided for informational and entertainment purposes only, and no Content included on our site(s) is intended for trading or investing purposes. Wizard shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via our Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

Wizard grants you a personal, non-transferable and non-exclusive right and license to use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Wizard. for use in accessing the Service. You may not modify our site(s) or software or use it in any way not expressly authorized by this Agreement. You understand that our introduction of various features, functions and services may not be consistent across all computer platforms or through different ISPs and that the performance and some features may vary depending on your computer, other equipment, and your mechanism for accessing our site(s) and services. Wizard provides you with a limited license to use our software, which you agree to use in accordance with these rules.

You acknowledge that Wizard may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on Wizard, Inc.'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Wizard has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Wizard reserves the right to log off members that are inactive for an extended period of time. You further acknowledge that Wizard, Inc. reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice.
Wizard reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wizard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

6. WARRANTIES & LIMITATION OF LIABILITY
The user expressly agrees that the use of the Wizard site(s) and services, is at the user's sole risk. All Wizard sites and services are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Wizard expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Wizard makes no warranty that (I) the service will meet your requirements, (II) the service will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the service will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (V) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information obtained by you from Wizard or through or from the service shall create any warranty not expressly stated in the TOS.

You expressly understand and agree that Wizard shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Wizard has been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the service. Wizard does not endorse, warrant or guarantee any product or service offered through our site(s) and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of content, products or services.

We provide our service on a commercially reasonable basis and do not guarantee that users will be able to access or use the service at times or locations of their choosing, or that we will have adequate capacity for the service as a whole or in any specific geographic area. Wizard, Inc.'s entire liability and your exclusive remedy with respect to the use of any software or services provided or used by us shall be the replacement of any Wizard software found to be defective. Your sole and exclusive remedy for any other dispute with Wizard is the cancellation of your membership as detailed below. In no case shall Wizard, its subsidiaries, affiliates, related companies, employees, officers, directors or agents be liable for consequential damages arising from your use of Wizard site(s) or services or for any other claim related in any way to your membership with or use of Wizard site(s) and/or service because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.

7. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Wizard and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Agreement for which you are responsible or from the use of our site(s) and services or in connection with your transmission of any Content on our site(s) or services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a User. In that event, the User shall have no further obligation to provide indemnification for Wizard in that matter.

8. TERMINATION AND CANCELLATION
Either you or Wizard may terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership and discontinuation of use of the Wizard site(s) and services is your sole right and remedy with respect to any dispute with Wizard This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Wizard enforcement or application of this Agreement; (2) any policy or practice of Wizard including our Community Standards and Privacy Policy, or our enforcement or application of these policies; (3) the content available through the Wizard site(s) and services or any change or modification made to yours or third-party content published on the Wizard site(s) and services; (4) your ability to access and/or use the Wizard site(s) and services; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You can cancel your membership by delivering notice to us at customerservice@WizardUniverse.com. Cancellation will take effect within 72 hours of receipt of your request, and we will send you written confirmation via e-mail. You understand that cancellation of your membership may not delete your information from our databases; however will remove you from any mailing lists and ban your member username from any activity on the site. We reserve the right to collect fees, surcharges or costs incurred before you cancel your membership, if any fees, etc. have been incurred. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

You agree that Wizard in its sole discretion, may terminate your password, membership (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Wizard believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Wizard may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Wizard, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Wizard shall not be liable to you or any third-party for any termination of your access to the Service.

In the event that your membership is terminated or canceled, you will be automatically removed from participation in any Wizard promotions, contests, etc. Wizard members may not allow former members or other agents whose memberships have been terminated to use their memberships.

9. LAW AND LEGAL NOTICES
These TOS, including the User Agreement, Privacy Policy and Community Standards, represent your entire agreement with Wizard. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that our TOS, Community Standards and Privacy Policy, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of New York, excluding its conflicts-of-law rules, govern this Agreement and your membership. As noted above, member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Wizard relating in any way to your membership or your use of our site(s) or services resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Wizard or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Wizard site(s) any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement.

10. TRADEMARK & COPYRIGHT INFORMATION
Wizard, WizardUniverse.com, Toyfare, and Inquest are service marks of Wizard Entertainment. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these marks in any way without our prior written permission. Use of our marks on any other web site without our prior written consent is prohibited. Other trademarks, trade names, and service marks displayed on our site are owned by their respective owners.

Our site and its contents, including without limitation all site design, text, graphics, logos, buttons, images, audio and video clips, and the selection and arrangement of all of the foregoing, is the property of Wizard (© 2000, Wizard Entertainment All rights reserved.) or our licensors, and is protected by U.S. and international copyright laws. The content may be used solely as described in this Agreement. Any other use of the content, including without limitation the reproduction, modification, distribution or transmission is prohibited.

We ask our users to respect the intellectual property rights of others. If you believe that your work has been uploaded to our site(s) in a way that constitutes copyright infringement, please provide us with the following information:

• 
  A description of the copyrighted work that you claim has been infringed;
  
• A description of where the material that you claim is infringing is located on the site;
  
• Your name, address, telephone number, and email address;
  
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that you are the copyright owner or are otherwise authorized to act on the copyright owner's behalf.