IMPORTANT — READ CAREFULLY: The following is an except of certain provisions from the Turbine Terms of Service ("ToS") which are particularly relevant to transactions made in the DDO Store; however, it does not represent all of the terms and conditions applicable to your transactions or your use of the Turbine Service. The meaning of capitalized terms used below which are not defined below correspond to the definitions set forth in the complete ToS. You should be sure to carefully review all of the provisions of the current ToS, a complete version of which can be found at http://www.turbine.com/news/56

 

 

As AN account holder, you are responsible for all charges incurred (including applicable taxes) and all TRANSACTIONS made by you AS WELL AS ANY THIRD PARTY (including, WITHOUT LIMITATION, your family or friends) WHO uses your Account (WITH OR WITHOUT YOUR AUTHORIZATION). 

 

Turbine, in its sole and absolute discretion, may make it possible for you to use to a credit, charge or debit card, prepaid game card, or online payment service, (each referred to herein as "Payment Method") for your subscription(s) and/or transaction(s) from time to time. Turbine does sell products intended for people ages 13 and up, but it sells them only to adults who can purchase with a permitted Payment Method. If you are under over 13 but under 18, you may use the Turbine Service only with involvement of a parent or guardian.

 

When you provide Payment Method information to Turbine (or its designated service providers, licensees or subcontractors), you represent and warrant to Turbine that you are the authorized user of the Payment Method that is used to pay subscription charges, transaction amounts or other fees. So long as you have an active Payment Method associated with your account, you agree and reaffirm that Turbine is authorized to charge your Payment Method for any and all subscription fees and/or transaction fees, as applicable, incurred or recurring under your account until and unless your account is canceled or the Payment Method is deactivated in accordance with the ToS. You agree to promptly notify Turbine of any changes to your Payment Method, including, but limited to, changes to your account number, expiration date or billing address, as applicable, and you agree to promptly notify Turbine if your Payment Method expires or is canceled for any reason. 

 

Items in your shopping cart will reflect the most recent price displayed on the item’s main page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item’s price may decrease between the time you place it in your cart and the time you purchase it. Some discounts are limited-time offers. Unless otherwise indicated, all prices are listed and payable in U.S. dollars and do not include Internet service provider, telecommunications, or other third party fees or charges. If your use of the Turbine Service is subject to use or sales tax, then Turbine may also charge you for any such taxes, in addition to any other applicable fees. 

 

Some subscriptions or other transactions may renew automatically. If you do not want any automatic renewal to occur, you must unsubscribe or cancel such transaction before the applicable renewal date. 

 

We reserve the right, in our sole and absolute discretion, to refuse any order you place with us or to limit or cancel quantities ordered per person, per household or per order. These restrictions may include orders placed by or under the same customer account or the same credit card, or orders that use the same billing address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail address provided by you. Without limiting the generality of the foregoing, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, banned users or "farmers." 

 

We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Turbine. Turbine may also provide access to third-party vendors who provide content, goods or services on the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Turbine makes no representation or warranty regarding any content, goods or services provided by any third party even if linked from or accessed through the Turbine Service.

 

 

All right, title, and interest, including, copyrights and other intellectual property rights in and to the Games and all Game Content, the accompanying printed materials, if any, and any copies and derivative works of any of the foregoing, are owned by us (or our third party licensors). In accordance with the ToS, you may be granted a non-exclusive license to portions of Game Content (including, but not limited to, in-game currency, coin, credits, points, attributes, levels, housing, characters or other virtual in-game items, or any data, information or materials appearing or stored in connection with your account or otherwise acquired from, generated by or made available in connection with the Turbine Service) for the sole purpose of using the Turbine Service as expressly provided in the ToS for your noncommercial, personal use. If we provide you documentation only in electronic form, you may print one copy of such electronic documentation for the sole purpose of using the Turbine Service as expressly provided in the ToS for your noncommercial, personal use.

 

YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NO PROPRIETARY INTEREST IN YOUR ACCOUNT OR ANY GAME CONTENT (INCLUDING, WITHOUT LIMITATION, CHARACTERS, HOUSING, ITEMS, CREDITS, CURRENCY, COIN OR OTHER VIRTUAL IN-GAME ITEMS, OR ANY DATA, INFORMATION OR MATERIALS APPEARING OR STORED IN CONNECTION WITH YOUR ACCOUNT OR OTHERWISE ACQUIRED FROM, GENERATED BY OR MADE AVAILABLE IN CONNECTION WITH THE TURBINE SERVICE). 

 

You understand that Game Content has no real world value. All Game Content is licensed solely as part of the Turbine Service and may be used only in the Turbine Service. Accordingly, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, buy, auction, rent, lease, loan, share, sell, transfer or otherwise exploit any Game Content (including, but not limited to, in-game currency, coin, credits, points, attributes, levels, housing, characters or other virtual in-game items, or any data, information or materials appearing or stored in connection with your account or otherwise acquired from, generated by or made available in connection with the Turbine Service), or offer, host, or facilitate the ability of others to do any of the foregoing, without the express written consent of Turbine (e.g., a guest pass). Any purported attempt to do any of the foregoing in violation of this paragraph is null and void. 

 

You acknowledge that the time that you spend on the Turbine Service is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time. In particular, but without limitation, you understand that monetary value cannot and shall not be attributed to the time that you may spend accumulating Game Content. From time to time Turbine may, in Turbine’s sole discretion, allow redemptions or other transactions in connection with Game Content, as further described in the ToS, but you understand that Turbine makes no promise or guarantee to you that Turbine will do so for you under any circumstances.

 

TURBINE RESERVES THE RIGHT, AT ANY TIME, TO MODIFY THE GAME CONTENT OR TO MODIFY, SUSPEND, OR DISCONTINUE THE TURBINE SERVICE OR ANY PORTIONS THEREOF WITH OR WITHOUT NOTICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION OF THE GAME CONTENT OR MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE TURBINE SERVICE.

 

 

You acknowledge that the Turbine Service may include certain Game Content or other components involving one or more fictional in-game currencies (e.g., Turbine Points, as described below). Notwithstanding any other language or context to the contrary, any such fictional in-game currency is intended to constitute only a limited license right to use designated features of the Turbine Service when, as, and if allowed by Turbine. To the fullest extent allowed by law, the limited license right associated with any such fictional in-game currency is governed solely by the ToS, and does not represent any monetary value or any right of redemption for any sum of money from Turbine at any time. You agree that Turbine has the absolute right to manage, regulate, control, modify or eliminate any and all such fictional in-game currencies as it sees fit in its sole discretion, in any general or specific case, and that Turbine will have no liability to you arising out of or related to any exercise of such right. Turbine may charge fees for the right to use any fictional in-game currency, or may distribute any fictional in-game currency without charge, in its sole discretion. Turbine may limit buyers of any fictional in-game currency to any group of users at any time in Turbine’s sole discretion. For avoidance of doubt and notwithstanding any other language or context to the contrary, as used in the ToS and throughout the Turbine Service in the context of any of transfer of any fictional in-game currency: (a) the term "sell" means "to transfer for consideration the licensed right to use such fictional in-game currency in accordance with the ToS," (b) the term "buy" means "to receive for consideration the licensed right to use such fictional in-game currency in accordance with the ToS," (c) the terms "buyer," "seller," "sale," "purchase" and similar terms have corresponding meanings to the root terms "buy" and "sell." 

 

 

In connection with the Turbine Service, Turbine may allow you to store in your account a form of fictional in-game currency, presently referred to as "Turbine Points," which you may be permitted to redeem for eligible Game Content, as designated by Turbine from time to time in Turbine’s sole discretion. Permitted redemptions, if any, apply only to Turbine Points and not to any other Game Content. You may obtain Turbine Points in a variety of ways. For example, you may receive Turbine Points when you use certain features or when you actually complete certain actions in the Turbine Service (sometimes also referred to as "Reward Points"). Alternatively, you may be permitted to obtain Turbine Points in a purchase transaction via an approved payment method. Any such permitted purchase transaction is final and non-refundable. You must ensure that any Turbine Points you purchase are properly posted to your account and that your account accurately reflects the Turbine Points stored by you. If you believe that you have validly purchased Turbine Points that have not posted to your account, then you must contact us within 12 months after the date you claimed to have purchased those Turbine Points.  You acknowledge and agree that we may require reasonable documentation to support your claim and our resolution of your claim after our internal customer service review will be considered binding and final by you.  

 

To the fullest extent allowed by law, Turbine retains full ownership rights in any and all Turbine Points and grants you a limited, non-exclusive, non-transferable license to use Turbine Points only as expressly designated by Turbine in the Turbine Points guidelines. In the event that your account is cancelled or terminated by you or by Turbine for any reason, then you will no longer have the right to use any Turbine Points stored in or otherwise associated with your account, without any compensation to you or any liability of Turbine. Once we delete Turbine Points associated with your account , we will not reinstate them, except at our discretion. We may cancel, suspend or otherwise limit your access to Turbine Points stored in your account if we suspect fraudulent, abusive or unlawful activity associated with your account. When we cancel, suspend or otherwise limit access to Turbine Points stored in your account, your right to use Turbine Points stored in your account immediately ceases. We will use reasonable efforts to investigate accounts that are subject to access limitations and to reach a final decision on the limitations promptly. In addition, we may limit your use Turbine Points stored in your account, including applying limits to: the number of Turbine Points you may have stored in or credited to your account balance at one time, the number of Turbine Points you may redeem within a given time period (for example, one day), or the number of Reward Points you may obtain per promotion. We may remove Turbine Points from your account if they are posted to your account in connection with an activity that is subsequently voided, canceled or involves a return.

 

When you obtain Turbine Points, you have obtained a limited license from Turbine as described in the previous paragraph. Points have no monetary value. You may not obtain any cash or money in exchange for Turbine Points, regardless of how you obtained those Turbine Points. Turbine Points are not your personal property. Your only recourse for Turbine Points obtained by you, if any, is to use such Turbine Points for redemption to obtain specific Game Content as designated Turbine from time to time in Turbine’s sole discretion.

 

We encourage you to redeem Turbine Points stored in your account. Turbine reserves the right, at any time and for any reason, to cease to allow any and all uses of Turbine Points previously permitted by Turbine.  In such cases, Turbine generally will attempt to provide advance notice to users of the Turbine Service and an opportunity for users to redeem then-existing Turbine Points for eligible Game Content, as designated by Turbine in its sole discretion. Turbine Points are non-transferable and non-exchangeable and any purported transfer or exchange of Turbine Points is null and void. The existence of a particular offer available for redemption of Turbine Points is not a commitment by us to maintain or continue to make such offers in the future. The scope, variety and type of Game Content that may be obtained by redeeming Turbine Points can change at any time. We have no obligation to continue making offers available for redemption of Turbine Points. We may further restrict Turbine Points based on your country of residence.

 

 

PLEASE READ CAREFULLY. The following paragraphs set forth important disclaimers of warranty and other important limitations on our responsibility to you. 

 

YOU EXPRESSLY AGREE THAT THE USE OF THE TURBINE SERVICE AND THE INTERNET IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE TURBINE SERVICE, AND ANY OTHER PRODUCTS OR SERVICES MADE AVAILABLE IN CONNECTION WITH THE TURBINE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND NEITHER TURBINE NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUBLICENSEES, AGENTS OR SUBCONTRACTORS (TOGETHER WITH TURBINE, COLLECTIVELY, THE "TURBINE PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO MERCHANTABILITY, QUALITY, CONDITION, ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SUCH REPRESENTATIONS, WARRANTIES, OR GUARANTEES ARE LEGALLY INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW. 

 

THE TURBINE PARTIES DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE ANY PRODUCTS OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE TURBINE PARTIES WILL HAVE ADEQUATE CAPACITY TO PROVIDE ANY PRODUCTS OR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE TURBINE PARTIES DO NOT WARRANT THAT ACCESS TO OR USE OF THE TURBINE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT YOU WILL BE ABLE TO ACCESS TURBINE SERVICE AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE TURBINE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. 

 

THE TURBINE SERVICE MAY INCLUDE OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR TECHNICAL INACCURACIES, ERRORS OR OMISSIONS. THE TURBINE PARTIES MAY MAKE IMPROVEMENTS OR CHANGES IN CONNECTION WITH THE TURBINE SERVICE AT ANY TIME. OCCASIONALLY THERE MAY BE OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR TECHNICAL INACCURACIES, ERRORS OR OMISSIONS THAT RELATE TO PRODUCT OR SERVICE DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS OR AVAILABILITY. IN THE EVENT OF ANY SUCH ERRORS, INACCURACIES OR OMISSIONS, WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).

 

WE RESERVE THE RIGHT TO REFUSE ANY ORDER YOU PLACE WITH US. WE MAY, IN OUR SOLE DISCRETION, LIMIT OR CANCEL QUANTITIES PURCHASED PER PERSON, PER HOUSEHOLD OR PER ORDER. THESE RESTRICTIONS MAY INCLUDE ORDERS PLACED BY OR UNDER THE SAME CUSTOMER ACCOUNT, THE SAME CREDIT CARD, AND/OR ORDERS THAT USE THE SAME BILLING ADDRESS. IN THE EVENT WE MAKE A CHANGE TO OR CANCEL AN ORDER, WE WILL ATTEMPT TO NOTIFY YOU BY CONTACTING THE E-MAIL PROVIDED. WE RESERVE THE RIGHT TO LIMIT OR PROHIBIT ORDERS THAT, IN OUR SOLE JUDGMENT, APPEAR TO BE PLACED BY BANNED PLAYERS, DEALERS, RESELLERS, DISTRIBUTORS OR "FARMERS."

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY, TURBINE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED IN CONNECTION WITH THE TURBINE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. LINKS APPEARING IN CERTAIN AREAS OF THE TURBINE SERVICE MAY TAKE YOU TO LINKED SITES THAT ARE NOT UNDER THE CONTROL OF TURBINE AND THAT MAY COLLECT DATA OR SOLICIT PERSONAL INFORMATION FROM YOU. TURBINE IS NOT RESPONSIBLE FOR THEIR CONTENT, BUSINESS PRACTICES OR PRIVACY POLICIES, OR FOR THE COLLECTION, USE OR DISCLOSURE OF ANY INFORMATION THOSE SITES MAY COLLECT. TURBINE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. TURBINE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY TURBINE OF THE LINKED SITES. TURBINE MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO ANY LINKED SITES OR ANY OTHER THIRD-PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS, SERVICES, INFORMATION OR MATERIALS PROVIDED ON SUCH SITES.

 

NO REFUNDS OR REPLACEMENTS WILL BE MADE FOR GAME CONTENT (SUCH AS IN-GAME ITEMS PURCHASED IN THE STORE AND PROPERLY ADDED TO ACCOUNTS/CHARACTERS IN-GAME), INCLUDING, BUT NOT LIMITED TO, REFUNDS OR REPLACEMENTS FOR IN-GAME ITEMS PURCHASED BUT SUBSEQUENTLY LOST DURING GAME PLAY.

 

NO REFUNDS WILL BE PROVIDED FOR ANY TURBINE POINT PURCHASES, EVEN UPON CANCELLATION OF YOUR ACCOUNT BY YOU OR TERMINATION OR SUSPENSION OF YOUR ACCOUNT BY TURBINE. YOUR TURBINE POINT BALANCES CAN NEVER BE CONVERTED TO CASH OR REFUNDS. NO PAYMENT METHOD CHANGES ARE ALLOWED AFTER COMPLETION OF A POINT PURCHASE TRANSACTION. TURBINE DOES NOT SUPPORT CANCELLATIONS IN ORDER TO PROCESS A POINT PURCHASE TRANSACTION VIA A DIFFERENT PAYMENT METHOD.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TURBINE PARTIES ASSUME NO RESPONSIBILITY FOR ANY CONNECTION TO, TRANSMISSION OVER, OR RESULTS OR USE OF, ANY NETWORK CONNECTION OR FACILITIES PROVIDED (OR FAILED TO BE PROVIDED) IN CONNECTION WITH THE TURBINE SERVICE AND YOU ACKNOWLEDGE AND AGREE THAT THE TURBINE PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT IN CONNECTION WITH THE TURBINE SERVICE. 

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ANY OF THE TURBINE PARTIES IN ANY WAY ARISING OUT OF OR RELATING TO THE TURBINE SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY UNAVAILABILITY, FAILURES, DELAYS, DOWN TIME, MISDELIVERIES, NONDELIVERIES, ERRORS OR INTERRUPTIONS IN THE TURBINE SERVICE) IS TO STOP USING THE TURBINE SERVICE, AND TO CANCEL YOUR ACCOUNT(S).

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE LIABILITY OF THE TURBINE PARTIES TO YOU IN ANY CASE, AND YOUR EXCLUSIVE REMEDY WHERE NO EXCLUSIVE REMEDY HAS BEEN PROVIDED, AND YOUR SOLE ALTERNATE REMEDY SHOULD ANY EXCLUSIVE REMEDY HEREUNDER FAIL OF ITS ESSENTIAL PURPOSE, SHALL BE LIMITED TO THE AMOUNT THAT YOU PAID TO TURBINE OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. 

 

IN NO CASE SHALL THE TURBINE PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO YOUR USE OF THE TURBINE SERVICE OR YOUR INTERACTIONS WITH ANY OF THE TURBINE PARTIES OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, GAME PLAY, IN-GAME ITEMS OR CHARACTERS, EVEN IF TURBINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, UNLESS SUCH LIABILITY IS LEGALLY INCAPABLE OF SUCH LIMITATION UNDER APPLICABLE LAW. 

 

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, EXCLUSIONS OR LIMITATIONS (SUCH AS LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES), IN SUCH STATES OR JURISDICTIONS, YOUR RIGHTS AND REMEDIES AND THE LIABILITY OF THE TURBINE PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.