By accessing or otherwise using the Skill in any way you confirm that you have sufficient legal capacity to agree to these terms. If you lack such capacity (such as if you are a minor), you confirm instead that you have obtained consent from your parent or guardian to do so. You confirm that you have read, understand and agree to abide by these terms and any other relevant additional terms.
Unless otherwise indicated, the Skill and all content in the Skill, including, without limitation, any Pottermore logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are the property of Pottermore, its licensors, or its customers and are protected by U.S. and international copyright laws.
Pottermore makes no representation that every aspect of the Skill is appropriate or available for use in any particular jurisdiction. By choosing to access and use the Skill, you agree that: (i) you do so on your own initiative and at your own risk; (ii) you will not use the Skill if doing so would cause Pottermore or its affiliates to breach any sanctions laws; (iii) you are responsible for complying with all relevant laws and regulations concerning the transmission of technical data exported from the country in which you reside. If and as far as there is any inconsistency between (i) any of these terms (and/or any relevant additional terms) and (ii) your legal rights in your country of residence, your rights under your local law will prevail as to those specific terms.
POTTERMORE PUBLISHING and/or POTTERMORE and associated logos are trademarks of Pottermore Limited. WIZARDING WORLD and related trademarks, characters, names and indicia are trademarks of Warner Bros. Entertainment Inc. No trademarks may be used or imitated, in whole or in part, without the prior written permission of the trademark owner. You may not use any metatags or any other “hidden text” utilizing said trademarks or any other name, or product or service name without the owner’s prior written permission.
USE OF THE SKILL IS AT YOUR OWN RISK
THE MATERIALS AND THE SKILL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. POTTERMORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS. POTTERMORE DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE THROUGH THE SKILL, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. POTTERMORE DOES NOT REPRESENT OR WARRANT THAT THE SKILL OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
POTTERMORE IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS ACCESSED THROUGH THE SKILL. WHILE POTTERMORE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SKILL SAFE, POTTERMORE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SKILL OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
Pottermore reserves the right to change or delete any and all content and any Skill at any time without notice.
IN NO EVENT SHALL POTTERMORE OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SKILL, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SKILL, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM POTTERMORE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO POTTERMORE’S RECORDS, PROGRAMS, OR SKILL.
POTTERMORE MAKES NO WARRANTIES REGARDING SECURITY OR RELIABILITY OF THE SKILL.
You represent and warrant that your use of the Skill shall comply with all local, state and federal laws.
You agree to defend, indemnify and hold harmless Pottermore and its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, officers, regents, trustees, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorney’s fees) arising out of or related to your use of or inability to use the Skill, your conduct, your violation of these Terms of Service and violations of the rights of any third party.
The validity, construction and performance of this Agreement (and any claim dispute or matter arising under or in connection with it or its enforceability) and any non-contractual obligations arising out of or in connection with it, shall be governed by and construed in accordance with the law of England. The Parties irrevocably agree to the exclusive personal jurisdiction and venue of the Courts of England for any such dispute or matter.
This Agreement does not establish a joint venture, partnership, employment, or agency relationship.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labour disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the use of the Skill and any acts or omissions of Pottermore and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.