TERMS AND CONDITIONS OF USE
(Last Updated: November 13, 2024)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. Hasbro may modify these Terms and Conditions at any time.
By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver, do not use these Services.
If you are using the Services on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
1. SERVICES OPERATION AND ELIGIBILITY
We control and operate the Services from the United States. we make no representation that the Services or its contents are appropriate or available for use outside the United States or otherwise comply with any laws, rules, and regulations outside the United States. If you choose to access the Services from outside the United States, you do so at your own risk. You must be at least 13 years of age to use our Services. If you are 13 or older but under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
The Services utilize artificial intelligence technologies and tools offered by OpenAI to process and generate trivia questions based on subject matter(s) you request. For more information on their privacy practices, please visit: https://openai.com/policies/privacy-policy.
Furthermore, the Services provided in relation to the Gamefinder.hasbro.com experience are for entertainment purposes only. Nothing generated by the artificial intelligence tools should be taken as an assertion of fact or truth.
2. ELECTRONIC COMMUNICATIONS
By voluntarily providing us with your email address via the Services, you consent to receive electronic communications from Hasbro and its affiliate Wizards of the Coast (e.g., via email or by posting notices on the Site). Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
3. OWNERSHIP OF THE SERVICES AND CONTENT
3.1 You acknowledge and agree that the Services and all content, materials, trademarks, trade dress, logos, illustrations, product layout and design, icons, images, artwork, graphics, photography, text, data, audio, software, and infrastructure, as well as the selection, assembly and arrangement thereof (collectively, “Hasbro IP”) are the property of Hasbro or our licensors or licensees and are protected by copyright, trademark and/or other proprietary rights and laws. You will not sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify, or create derivative works from any content or materials of the Services, including without limitation, Hasbro IP, HASBRO, HASBRO GAMING, the respective logos are trademarks of Hasbro, Inc. All other trademarks are the property of Hasbro or their respective owners. All of the Service's content is copyrighted by Hasbro, Inc. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Services. All rights not granted under these Terms are reserved by Hasbro.
3.2 Content that you post using our Services is your content (“User Content”). Unless noted at the time of collection, Hasbro does not make any claim of ownership to User Content, which includes anything you post or submit to Hasbro while using our Services. You understand that you are solely responsible for any User Content that you submit to Hasbro. You represent that you have all necessary rights and permissions to User Content and that you are not infringing or violating any third party’s rights by submitting User Content to Hasbro. Further, by submitting User Content to Hasbro, you grant to Hasbro the non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of User Content. You agree not to assert any moral rights or rights of publicity against Hasbro for using User Content.
4. LINKED SITES
The Services may contain links to third party websites or applications, and your use of such sites or applications will be governed by the terms of use and privacy polices of their owners and operators (“Linked Sites”). Linked Sites are not under our control, and we are not responsible for the availability or contents thereof. These links are provided only as a convenience, and inclusion of a link does not imply endorsement of or affiliation with the Linked Site by us. We are not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available on or through any Linked Site.
5. YOUR USE OF THE SITE AND SERVICES
Subject to your strict compliance with these Terms and any other terms or instructions that may be provided to you from time to time in connection with the Services, we hereby grant you a personal, limited, revocable, non-transferable, non-assignable, non-sublicensable, non-exclusive license to access and use the Site and the Services. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Site or the Services, and (ii) may be immediately suspended or terminated for any reason, in Hasbro’s sole discretion, and without advance notice or liability. We are not responsible for any consequences of the revocation of such license, such as a resulting inability to use the Premium service. Your unauthorized use of the Site or the Services may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
The Services are provided by us and is intended to be used in a safe and enjoyable fashion. Users of the Services must not:
We expressly reserve the right, which shall be exercised in our sole and absolute discretion, to remove any content or user from the Site or the Services and/or block the access of any user who contravenes any of the provisions of these Terms, without notice or liability to such user.
6. DISCLAIMERS AND LIMIATION OF LIABILITY
6.1 DISCLAIMERS
You assume all responsibility and risk with respect to your use of the Services.
THE SERVICES AND ALL CONTENT THEREOF (INCLUDING LINKED SITES) AND THE PRODUCTS ARE PROVIDED "AS IS" AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. HASBRO AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS (TOGETHER WITH HASBRO, THE “HASBRO PARTIES”) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
THE SERVICES PROVIDED HEREIN ARE FOR ENTERTAINMENT PURPOSES ONLY AND NOTHING GENERATED BY ARTIFICIAL INTELLIGENCE TOOLS OR PROCESSES SHALL BE AN ASSERTION OF TRUTH OR FACT.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE HASBRO PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE SITE, PRODUCTS, OR SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THE SITE, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THE SITE, THE PRODUCTS, THE SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6.2 LIMITATION OF LIABILITY
IN NO EVENT SHALL THE HASBRO PARTIES BE LIABLE TO ANY USER OR ANYONE CLAIMING THROUGH ANY USER FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE SITE, PRODUCTS, OR SERVICES, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE SITE, PRODUCTS, OR SERVICES (INCLUDING, BUT NOT LIMITED TO INTERACTIVE FEATURES, YOUR CONTENT, THIRD PARTY CONTENT AND LINKED SITES), OR OTHERWISE RELATED TO THESE TERMS. YOU AGREE THAT THE LIABILITY OF THE HASBRO PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, IS LIMITED SOLELY TO YOUR DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, IN THE AGGREGATE, THE AMOUNT YOU PAID TO HASBRO, IF ANY, FOR PRODUCTS PURCHASED ON THE SITE.
THE LIMITATIONS SET FORTH IN THIS SECTION 6.2 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
7. INDEMNIFICATION
You will indemnify, hold harmless, and defend the Hasbro Parties, from any and all claims, liabilities, damages, costs and expenses (collectively, “Claims”) arising out of or related to your (a) use or misuse of the Site or Services; (b) your violation of these Terms; or (c) your violation of any law or the rights of a third party. You will promptly notify the Hasbro Parties of any third-party Claims, cooperate with the Hasbro Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorney’s fees). The Hasbro Parties shall have control of the defense or settlement of any third-party Claims.
8. WAIVER; REMEDIES
The failure of Hasbro to partially or fully exercise any rights or the waiver of Hasbro of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Hasbro or be deemed a waiver by Hasbro of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Hasbro under these Terms and any other applicable agreement between you and Hasbro shall be cumulative, and the exercise of any such right or remedy shall not limit Hasbro’s right to exercise any other right or remedy.
9. WAIVER; REMEDIES
Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of Rhode Island, without regard to conflict of law rules or principles (whether of Rhode Island or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Rhode Island and the United States, respectively, sitting in Providence, Rhode Island.
10. DISPUTES
Please read the following section carefully because it requires you to waive your right to a jury trial and arbitrate certain disputes and claims with Hasbro and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this agreement.
Except for small claims disputes in which you or Hasbro seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Hasbro seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Hasbro waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute that you have against Hasbro, you agree to first contact Hasbro and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Hasbro by certified mail addressed to:
Hasbro, Inc.
Attention: General Counsel
1011 Newport Avenue
Pawtucket, RI 02861
The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Hasbro cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may, as appropriate in accordance with this section, submit the dispute to binding arbitration administered by JAMS or, where applicable, in court. All submitted disputes will be resolved through confidential binding arbitration held in in Providence, Rhode Island in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. To the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Rhode Island. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned, which means that you and Hasbro will not have the right to assert the claim.
You and Hasbro agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms.
The arbitrators, Hasbro, and you will maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
You and Hasbro agree that for any arbitration you initiate, you will pay the filing fee and Hasbro will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Hasbro will pay all JAMS fees and costs. You and Hasbro agree that the state or federal courts of the State of Rhode Island and the United States sitting in Providence, Rhode Island have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award
YOU AND HASBRO AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this section by contacting Hasbro by certified mail addressed to:
Hasbro, Inc.
Attention: General Counsel
1011 Newport Avenue
Pawtucket, RI 02861
In order to be effective, the opt out notice must include your full name, address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14 (Governing Law; Venue).
If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
11. FEEDBACK
Any questions, comments, suggestions, ideas, original or creative materials or other information about Hasbro or our Products or Services that you post, submit or otherwise communicate to us (collectively, “Feedback”), is non-confidential and will become the sole property of Hasbro. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
12. MODIFYING OR TERMINATING OUR SERVICES
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
Errors and Inaccuracies
Our goal is to provide complete, accurate, and up-to-date information on the Site. Unfortunately, it is not possible to ensure that any website or application is completely free of errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions—including after an Order has been submitted—and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.
13. SEVERABILITY
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
14. MISCELLANEOUS
The failure of Hasbro to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
In addition, under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
For information regarding our privacy practices, please visit our Privacy Policy