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POTTERMORE TERMS & CONDITIONS (JAPAN)

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1. INTRODUCTION

1.1 Welcome to Pottermore, the digital home of the Harry Potter books (“Pottermore”). Pottermore includes an interactive online platform known as “Pottermore.com”, which is described in more detail at paragraph 2.1, as well as an online eBook and digital audio book shop known as the “Pottermore Shop”. Pottermore is owned by Pottermore Limited (referred to as “we”, “us” or “our” as appropriate, a company established in England and Wales). Pottermore is currently available through the website at http://www.pottermore.comOpens in a new window. We may also make Pottermore or other versions of it available through a number of digital channels or devices.

1.2 These Terms & Conditions (“Terms”), our Privacy Policy and the other documents mentioned in them apply to your use and/or your child’s use of Pottermore (whether accessed through http://www.pottermore.comOpens in a new window or any other channel) and any services, content or products (for example, eBooks or digital audio books) made available through Pottermore. In general, these Terms apply both to Pottermore.com and the Pottermore Shop but, where specified, particular parts of these Terms may relate only to one or the other. Please read these Terms carefully, and ensure you understand them, before using Pottermore, as these Terms affect your rights and liabilities. In these Terms, expressions beginning with a capital letter usually have a specific meaning that is defined in these Terms.

1.3 You will be agreeing to these Terms, either when you accept them at the time of creating an Account (see paragraph 3 below), when placing an order, or, insofar as they are applicable, by your continued use of Pottermore. If you do not want to be bound by these Terms please do not access, register, use or place any orders with Pottermore or allow your child to do the same. If you have any questions relating to these Terms, please refer to our Help pages in the first instance.

1.4 If you are a parent or guardian of 20 years of age or above and provide your consent to your child’s registration with Pottermore.com, you are agreeing to be bound by these Terms in respect of your child’s use of Pottermore.com. Please also read our Child Safety Policy for details on the measures we take in relation to your child’s personal information and how we request your consent.

1.5 Like many online services we use a feature called a ‘cookie’, which is a small data file that is sent to your browser from a web server and stored on your device’s hard drive.  References in these Terms to cookies also include other means of automatically accessing or storing information on your device. Some of the cookies we use are necessary for the functioning of Pottermore. For example, we use ‘session cookies’ to keep track of your internet session whilst on the Pottermore Shop which, for instance, allows us to remember the items you add to your list of intended purchases.  We also use cookies (and other automatically tracked information) to help you move around and enjoy the interactive features on Pottermore.com more easily and to remember (at your request) your login details for subsequent visits. We use ‘analytics cookies’ (such as Google Analytics cookies) to keep track of our users’ browsing activity whilst on Pottermore. This helps us to understand how our users use Pottermore so that we can improve it. The information that we collect through such analytics cookies is aggregated and anonymous, so it does not identify you as an individual user. If you have come to Pottermore through one of our Partners, we may use an ‘affiliate cookie’ to help us recognise which Partner helped you to find us. Some of the cookies we use may be sent to your device as soon as you visit Pottermore.  By agreeing to these Terms, you are providing your consent for us to use cookies in these ways but you can delete any of these cookies at any time if you wish. Please see our HelpOpens in a new window pages for guidance on how to do so.  Please note, if you delete certain cookies, this may limit your use of Pottermore.com and the Pottermore Shop (but this does not apply to analytics cookies and affiliate cookies). For further details about this and other privacy-related issues, please see our Privacy Policy.

1.6 Please note that additional terms may apply in respect of particular services or activities being offered on or via Pottermore (for example, promotions). In such circumstances, we will post those terms in connection with the applicable service/activity and these will apply to your use and/or participation in such service or activity. Any such terms are in addition to these Terms. In the event of any inconsistency, such additional terms will prevail over these Terms.

2. ABOUT POTTERMORE

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2.1 Pottermore.com is a platform allowing users of all ages to explore the Harry Potter stories and share their comments and inspirations about the world of Harry Potter as part of the Pottermore community. Users can enjoy features based around the Harry Potter books, play Games (as defined in paragraph 3.4 below) and take part in the Pottermore community by posting messages and uploading pictures inspired by the Harry Potter series. Users can share their activities on Pottermore.com with other registered users of Pottermore.com. Through the platform, it is intended that users of 20 years of age and above can also visit and register with the Pottermore Shop to purchase a variety of eBooks, digital audio books and other items, for themselves or as gifts for others.

3. ACCESS TO POTTERMORE AND CREATING YOUR ACCOUNT(S)

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3.1 We make Pottermore.com available for users of all ages. However, users under the age of 20 (“Minors”) must take certain steps (and users under the age of 13 must also take further steps) before they can access Pottermore.com (see paragraph 4, Minors including Users under 13 Years of Age). Pottermore’s ecommerce services, including the Pottermore Shop, are intended for users of 20 years of age and above.

3.2 You will need an internet connection and a browser to access the pages on Pottermore and to use the features we provide. Please visit our HelpOpens in a new window pages for further details about the operating environment necessary for your full enjoyment of Pottermore.

3.3 You can access the Pottermore.com homepage and general information pages such as these Terms and the Privacy Policy without creating an account.

3.4 If you wish to access any interactive features available on Pottermore.com, for example, to post a message or picture on Pottermore.com or play any games available on Pottermore (“Games”) or otherwise explore Pottermore.com, you must first create an account for Pottermore.com (“Pottermore Account”).

3.5 If you wish to place an order for an eBook or a digital audio book or other product from the Pottermore Shop or download a gift that someone has purchased for you from the Pottermore Shop you must first visit the Pottermore Shop and create an account for the Pottermore Shop (“Pottermore Shop Account”). Please see paragraph 9 Purchasing Books from the Pottermore Shop for further details.

3.6 During the process of creating a Pottermore Account, you will be asked to choose a username from a selection and to create a password in order for you to access Pottermore.com. We have put in place a number of procedures for children to access and use Pottermore safely (see paragraph 4 Minors including users under 13 years of age and our Child Safety Policy for further information). In order to ensure that these safeguards are effective, please do not allow your child to use your own Account or log in details. If you would like to register a Pottermore Account for your child, please help them create their own account by following the procedures set out at paragraph 4 Minors including users under 13 years of age. If you do so, although you are creating an Account on behalf of your child and are bound by these Terms, it will be your child’s Account. You may not transfer your own Account to another person (even your child), or allow another person (even your child) to access, your own Account (except that children are permitted to let their parent or guardian help them to access Pottermore.com in accordance with paragraph 4 Minors including users under 13 years of age.

3.7 During the process of creating a Pottermore Shop Account, you will be asked for your email address and to create a password.

3.8 You must ensure that all the information you provide when you create a Pottermore Account and/or a Pottermore Shop Account is true, accurate, current and complete in all respects.

3.9 You must notify us promptly of any change to any of the information you have previously given to us by updating your information in the Account Settings page for your Pottermore Account and the Account Settings page for your Pottermore Shop Account.

3.10 Your Pottermore Account and Pottermore Shop Account are for your personal use only. Please do not share your Account details with any other person, as you will be held responsible for all activities that occur under your password or Account(s) with or without your knowledge. By creating any type of Account on Pottermore, you confirm that you will treat your login details as confidential. If you have any concerns regarding your login details or become aware of any misuse then refer to our HelpOpens in a new window pages in the first instance to find out what to do.

3.11 Although you are permitted to have both a Pottermore Account and a Pottermore Shop Account, you are not permitted to hold more than one Pottermore Account. If we suspect that you are in breach of this provision, we reserve the right to suspend your Pottermore Account temporarily or to terminate it permanently.

3.12 References in these Terms to an “Account” apply to both Pottermore Accounts and Pottermore Shop Accounts.

4. MINORS INCLUDING USERS UNDER 13 YEARS OF AGE

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For all Minors:

4.1 The safety and privacy of Minors is important to us. If you are a parent or guardian, please read these Terms carefully together with our Privacy Policy and Child Safety Policy for details on the measures we take in relation to your child’s personal information.

4.2 If you are a Minor, you must check with a parent or guardian before you register that they give you permission to use Pottermore and you should review these Terms with them to make sure that you and your parent or guardian understand them. Your parent or guardian may revoke their consent for you to use Pottermore.com at any time.

4.3 We will remove access to your Pottermore Account if your parent has expressly refused or revoked their consent for you to use Pottermore.com. If we do so then you may not continue to use your Account, create another Pottermore Account or access or use Pottermore.com by any other means unless your parent or guardian provides their consent again or until you are no longer a Minor. We may withdraw or terminate your access to Pottermore for any other reason at our sole discretion. Please see further paragraph 8.2 for further details.

For users under the age of 13 only:

4.4 Your parent or guardian must give you permission in order to access and use your Pottermore Account. When creating your Pottermore Account, we will ask you to provide your parent or guardian’s email address and request that they accept these Terms on your behalf and confirm to us that you are allowed to use Pottermore.com.

4.5 You will be allowed to create a Pottermore Account but you will not be able to access and use Pottermore.com until your parent or guardian completes the registration process within seven (7) days of you creating your Pottermore Account. If we do not receive confirmation from your parent or guardian allowing you to use Pottermore.com, or if that permission is expressly refused, we will delete your Pottermore Account and your personal information.

4.6 If we do so you may not create another Pottermore Account or access or use Pottermore.com by any other means until we receive such consent or until you are at least 13 years of age.

5. ABOUT CONTENT YOU AND OTHER USERS PROVIDE TO POTTERMORE

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5.1 The following rules apply to your behaviour on Pottermore including your use of the community features contained on Pottermore:

The rules of the Pottermore community

5.2 Any information, material and content which you and other users post, contribute or otherwise submit to Pottermore is generally known as “user generated content” or “UGC” for short. Paragraphs 5.4 to 5.8 below set out the rules for contributing content, how we and other users may use your UGC and how you can use their UGC. Your UGC includes any nicknames you may use to label other Pottermore users who are your friends (“Nicknames”). Any Nicknames you create will only be visible to you and will not be disclosed to any other user including the friends that you have labelled.

5.3 We positively encourage users to make full use of Pottermore and to participate in the Pottermore community. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out in these Terms. Child safety is of paramount concern to us. Whilst our moderators will have regard to these Terms, their decision (for example, as to removal of any UGC) will be final.

5.4 You agree to ensure that:

§ any user generated content that you post or upload (including Nicknames), does not contain any personal information about you or any other person. This includes any information that could potentially identify an individual such as their surname, date of birth, email or home address, information about their family or other contact information;

§ you only contribute posts that are no longer than 140 characters and upload files that only contain pictures (but not photographs), text, illustrations, diagrams or drawings;

§ any text you post is in one language only;

§ all information provided by you via Pottermore is accurate, true and up to date in all respects and at all times and is not misleading in any way;

§ all user generated content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, likely to cause distress, intended to incite hatred or otherwise objectionable or embarrassing to any other person;

§ after receiving a warning, you do not continue to post or transmit comments that are not related to the subject matter of the page on which the comments are being posted;

§ you will only use Pottermore (and any information and content obtained from it) lawfully and only for the purposes for which it has been provided and in accordance with these Terms;

§ you will not use Pottermore to send, or attempt to send, messages to any other user of Pottermore;

§ you will not harass or mislead or act unlawfully towards any person that you have contacted via Pottermore;

§ you will cease to contact anyone that you have contacted via Pottermore immediately if they request you to do so; and

§ any content you upload is not in breach of any copyright and in the case of any content that you do not own, you have permission from the copyright owner to use and to permit its use as contemplated by these Terms and by any third parties Pottermore may authorise under these Terms. In the case of content owned by Minors, you will need to obtain such permission from their parents. We may from time to time provide guidance to help you to understand and respect the principles of copyright.

5.5 You may not:

§ distribute or post any links including links to websites, files or links that open or run programs;

§ distribute or post any messages in relation to a dispute about any decision we make concerning your conduct under these Terms;

§ distribute or post spam, in particular by sending unsolicited marketing messages or other messages to anyone, or distribute or post chain letters, or pyramid schemes;

§ distribute viruses or any other technologies that may harm Pottermore or the interests of any users of Pottermore or otherwise interfere with or disrupt our systems;

§ post or transmit any advertisements for, or solicitations of, business;

§ except as permitted under these Terms, copy, modify, or distribute our content or trade marks or any content or trade marks owned by a third party including our commercial partners (“Partners”) and other users of Pottermore, unless you have their explicit permission;

§ impersonate another Pottermore user or falsely state or otherwise misrepresent your affiliation with a person or entity;

§ allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other Pottermore users;

§ continue to use Pottermore whilst your Account is temporarily suspended or after your Account has been permanently terminated, including where access to Pottermore.com has been removed following the refusal or revocation of consent by a parent or guardian for Minors;

§ make, negotiate or enter into any arrangements or agreements through Pottermore.com; or

§ engage in any other conduct that restricts or inhibits any other persons from using or enjoying Pottermore or which, in our judgment, exposes us to any liability or detriment of any type.

Content you post or upload

By posting or uploading any user generated content to Pottermore, whether text or pictures or otherwise, you are promising to us and to other users that: (i) you either own all rights (including copyright) in that user generated content or that you have obtained the necessary permissions to make the user generated content available through Pottermore in accordance with these Terms and permit its use via Pottermore, in Pottermore newsletters and by any third parties we authorise (whether our Partners or otherwise) and that you will provide us with evidence of such permissions should we require; and (ii) you will not be infringing anyone’s rights or breaching any law or regulation (including data protection and privacy laws), by contributing that user generated content and by allowing it to be used in the ways described in these Terms.

Who can use your UGC and how they can use it

When you contribute UGC to Pottermore:

§ you are granting us and any third parties we authorise including our Partners unlimited, non-terminable and free permission (including the right to sub-license that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. By way of example only, this will include permission to;

make your UGC available through Pottermore to other users of Pottermore;

include UGC in Pottermore newsletters; and

allow any third parties authorised by us including our Partners to reproduce, display, publish, communicate, perform and/or embed your UGC on their platforms, including their websites and applications.

§ you are granting to every other user of Pottermore unlimited, non-terminable and free permission to use all or any part of your UGC on the same terms as you are permitted to use their UGC as described in the paragraph below headed Your permitted use of UGC on Pottermore.

Your permitted use of UGC on Pottermore

You may view any UGC posted to Pottermore for your own personal and non-commercial purposes only. You are not, in any circumstances, permitted to:

§ make commercial use of any such content;

§ edit any such content; or

§ remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content.

Monitoring your UGC

Before permitting any UGC to appear or otherwise be disclosed on Pottermore, we reserve the right to review it (including any posts and uploads, made by users to Pottermore) to remove any material breaches the rules set out in these Terms. Any postings or uploads on Pottermore do not constitute any form of recommendation, representation, endorsement or arrangement by us. We make efforts to prevent unlawful or otherwise inappropriate material from appearing on Pottermore by removing such material before it appears on Pottermore. However, we cannot guarantee that all such material is removed from every post and upload. In particular we have no control over and are not responsible for the truth or accuracy of any user generated content and we are not responsible for verifying the ownership of any user generated content posted or uploaded onto Pottermore.

Please note that any information posted via the functionality available on Pottermore is the opinion of the person posting or sending only and does not necessarily reflect our opinions or attitudes. Although we have rules for the posting and uploading of user generated content, our interactive features may be misused and sometimes content can still be posted that is misleading, deceptive, or indeed completely wrong. You should not therefore rely on information being accurate or complete. You accept that if you do rely on the information posted or uploaded, you do so at your own risk.

To be clear, each user, acts on his/her own behalf at all times and does not act as our representative or agent in any way. We do not endorse nor are we responsible for any of the actions of any Pottermore user.

6. GALLEONS AND HOUSE POINTS

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6.1 You will have the opportunity to discover virtual currency (“Galleons”) as you progress through the entertainment experiences and features available on Pottermore.com and which you may use to obtain virtual items in the virtual shops in Diagon Alley, a feature on Pottermore.com. You will be automatically provided with a certain number of Galleons when you create a Pottermore Account.

6.2 You will be able to earn certain other points through your experiences on Pottermore.com (“House Points”) for your ‘House’. We will award or deduct House Points as a result of your participation in our Games. You can also collect House Points by exploring and discovering them in the chapters in Pottermore.com. We may provide additional ways of collecting House Points from time to time. House Points will be reset to zero every time the ‘House Cup’ is awarded.

6.3 Galleons and House Points do not hold or represent any monetary value and you may not offer, exchange or promise to offer or exchange (with Pottermore.com users or any other person(s)) or use Galleons or House Points in any manner except for as permitted by us under these Terms. If anyone approaches you with respect to any arrangement regarding Galleons or House Points, whether on Pottermore.com or elsewhere, refer to our HelpOpens in a new window pages in the first instance to find out what to do.

6.4 We may choose not to provide or add/remove Galleons and House Points from your Pottermore Account solely at our discretion. If we terminate your account for any reason, you will lose any Galleons that you have collected.

7. GAMES

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7.1 We grant you a limited licence to use the Games available on Pottermore for personal and non-commercial purposes only. You may not make copies of or distribute the Games or electronically transfer the Games from one computer to another or over a network, nor may you separate any content from an associated Game.

7.2 You may not decompile, reverse engineer, disassemble or otherwise reduce the Game to human perceivable form. You may not rent, lease or sub-license any Games. You may not create derivative works of the Games and you may not export the Games in violation of any law, rule or regulation. We reserve all rights in the Games not specifically granted to you under these Terms.

7.3 You may not make, use or distribute screenshots of any Game without our express permission to do so.

7.4 Certain Games may be subject to further terms of use not set out in these Terms but which you will be required to accept if you wish to continue play.

7.5 We hope you enjoy the Games we provide on Pottermore. However, please ensure that you take regular breaks from playing these games and from using your computer generally. If you experience any discomfort, symptoms or any other adverse physical effects during or after your use of Pottermore, including the Games, please cease using Pottermore immediately and seek professional medical advice.

7.6 We may terminate your use of or access to any Game at any time in our sole discretion.

8. MISUSE OF POTTERMORE

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8.1 We monitor the user generated content on Pottermore but please inform us if you spot any abusive content or inappropriate behaviour. If any content makes you feel threatened, damaged or abused in the Pottermore community or if you believe any content on Pottermore is offensive or otherwise breaches these Terms please contact us via the “Report This” buttons on the website or by following the procedure explained at paragraph 20 (if you want to report suspected infringement of copyright) or paragraph 21 (for general complaints and requests) as appropriate. If you have any other serious concerns about activity on Pottermore, please refer to our HelpOpens in a new window pages in the first instance.

8.2 We reserve the right (but we are not obliged) to do any or all of the following for all users of any age including users who are Minors:

8.2.1 record the user generated content (including any communications) posted or uploaded via Pottermore, the Pottermore community or in our communication systems;

8.2.2 investigate a claim that any one or more items of user generated content do not conform to the terms of  paragraph 5 (About content you and others provide to Pottermore) and determine in our sole discretion to remove or request the removal of the user generated content;

8.2.3 remove without notice any user generated content that contains personal information relating to any person or that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms whether before or after such user generated content is disclosed on Pottermore;

8.2.4 monitor, edit, or disclose any user generated content;

8.2.5 edit or remove any user generated content posted, uploaded or submitted by a user to appear on Pottermore, regardless of whether such user generated content breaches these Terms;

8.2.6 temporarily suspend or permanently terminate your access to Pottermore for any reason (including for repeat copyright infringement) and at our sole discretion. The length of temporary suspensions may vary depending on the reasons for the suspension. If we suspend or terminate your access under Account and you try to access Pottermore via another Account, we may suspend or terminate your access to that other Account too.

8.3 If you disagree with a decision made by us, please refer to our HelpOpens in a new window pages in the first instance. You must not use the community facilities on Pottermore to discuss, dispute or argue about any decision we make.

8.4 Any decision we make to remove or request the removal of any user generated content or to terminate or suspend the account of any individual shall be final and binding. The termination or suspension of an account shall apply to any and all user accounts that may have been used by that individual whether or not opened by that individual.

9. PURCHASING BOOKS FROM THE POTTERMORE SHOP

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9.1 You can purchase, access and view/listen to eBooks and digital audio books and other related products (“books”) on Pottermore by way of download. We make these books available via the Pottermore Shop. Please visit the Help pages for step-by-step instructions on how to place an order with the Pottermore Shop.

9.2 Our books are available for purchase and use in a number of different file formats. Please refer to the Help pages for details about the formats in which we make our books available. It is your responsibility to check which format suits your needs best and which will enable you to successfully receive and access any purchased book download (and exercise your other rights under these Terms) before you place an order with us. You can find a description of the different formats, their suitability and further details about the operating environment necessary for your full enjoyment of the Pottermore Shop including any purchases from the Pottermore Shop using our Pottermore Shop Help pages. Please note that we may modify the formats in which we make books available and our description of them from time to time, so you should always check these before making any purchase, and retain a copy for your records.

9.3 We may make changes to or discontinue any books available on or in connection with Pottermore at any time, and without notice. Please see paragraph 10.2 below for details of your rights in relation to books that are discontinued or cease to be available.

Eligibility

9.4 To complete an order with the Pottermore Shop you must:

§ create a Pottermore Shop Account and sign into that account, providing your full name, email address, payment details and other requested information;

§ possess a valid credit or debit card issued by a bank acceptable to us or other valid payment provider details.

Making a contract online

9.5 Your order is an offer to buy from us. When you are placing an order, the following steps have to take place before a contract is made between us:

after choosing the books you wish to purchase and signing into your Pottermore Shop Account, you place your order for your book(s) by pressing the ‘Confirm and Pay’ button at the end of the check-out process and submitting your payment details to us. Before placing your order, the check-out process will give you the opportunity to review and, if necessary, to change your selection of book(s);

you will see an on-screen acknowledgement that your book has been placed in the “My Books” area of your Pottermore Shop Account. You will receive a receipt for your payment and order confirmation by email.

we accept your order and a contract is made between us at the time we make the book available to you for download, whether by sending you a link to your purchase in the order confirmation email or otherwise. Accordingly, nothing that we say or do will amount to any acceptance of your offer until we actually make the book(s) available to you to view, listen, download or otherwise access, at which point a contract will be made between us unless, prior to making the book available, we have notified you that we do not accept your order (see paragraph 9.6 Refusal of an Order). We keep a record of the orders that you place with us in the “My Account” area, which you can view by logging-in to your Pottermore Shop Account.

Refusal of an Order

9.6 If your payment is declined for any reason, and we decline your order because we cannot obtain authorisation of your payment details for any reason, then we may invite you to pay by another method.

9.7 Unless otherwise stated, there are no restrictions on the number of books that you can buy from the Pottermore Shop nor on the time within which an order must be placed.

Prices and Payment

9.8 The prices for books that we quote on the Pottermore Shop are inclusive of VAT (if applicable). You will find the total price of your order as part of the check-out process on the page that shows the book(s) you have selected to buy and you will also be given an opportunity to review and amend that selection before you submit your order.

9.9 We currently accept payment by credit and debit card in addition to a number of other payment methods. Please refer to our Help pages for details of the payment cards and methods that we currently accept.

9.10 We take payment from you once we have processed your payment details. In the event that we are unable to provide the book for download, we will let you know. We will give you a full refund if we have already taken payment for the book(s).

9.11 Although we try very hard to ensure that all information on the Pottermore Shop is accurate, occasionally errors may occur. If you discover a significant error in the description of a book that you have purchased, please refer in the first instance to our Help pages.

10. CANCELLATION RIGHTS

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10.1 When you place an order with us for an eBook or a digital audio book, our service to you begins immediately because we will start taking steps to fulfil your order straight away, even if it might take a short while before the order is fulfilled. By accepting these Terms you agree that, except in the scenario set out under paragraph 11.3, you will not be able to cancel any order you place with us for our eBooks or digital audio books once our services to you under that order have commenced (i.e. as soon as your order has been placed). This does not affect your statutory rights.

10.2 If a particular book becomes unavailable following purchase but prior to your first download of the book, your sole remedy is a refund of the purchase price paid for the unavailable book. Where, however, the book becomes unavailable after you have downloaded at least one copy of the book, you will not be entitled to a refund. We will not, in any case, be obliged to provide you with a copy of the book (but we may do so if we choose to, in which case you shall not be entitled to a refund).

11. DEFECTIVE AND REPLACEMENT BOOKS AND GIFTS

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11.1 If you receive a corrupted copy, incorrect file format version or incomplete copy of your book, please refer to our Help pages in the first instance. You will need to quote your order number and the details of the book(s) ordered with which you are experiencing issues so please have these to hand.

11.2 If you have suffered a loss of your book through failure of your hardware device, damage, theft or destruction, we may, solely at our discretion, provide you with another copy of your previously purchased book(s). This will count as one of the limited number of copies that you are permitted to make (see paragraph 12.1 below). If you lose your book in this way, please refer to our Help pages in the first instance.

11.3 If the recipient of your gift notifies you that they already have the book that you have purchased as a gift for them, you may cancel the gift on the condition that the recipient of the gift has not collected the gift, in which case we will refund you the price of the original book and you may then purchase another book as a replacement gift if you wish. If, however, the recipient of the gift has already collected the gift, you will not be able to cancel in this way and we will not be obliged to offer you a refund.

11.4 The gifting function on the Pottermore Shop is intended to enable you to send a book as a gift to anyone who has an email address and who is 20 years of age or above. The recipient of your gift will be required to create a Pottermore Shop Account in order to access their gift. If the recipient of your gift is under 20 years of age, you should send the gift to their parent or guardian.

11.5 Where you make a gift of a book, we will use reasonable endeavours to notify the recipient of your gift by email. However, we will not accept liability for any delay in notification caused by technical problems or other reasons beyond our control.

12. USE AND LIMITATION OF USE OF BOOKS

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12.1 When you buy a downloadable book from us, what you are buying is the right to use that book in the way we explain below for your own personal, non-commercial use only:

§ You may download one (1) copy of each book you purchase for storage and use on your reading/listening system, which could be your computer, your tablet, your MP3 player, your mobile phone, your eBook reader or any other compatible electronic device, or any compatible reading/listening service linked with the Pottermore Shop (“System”). You may also download up to seven (7) further copies of the book for storage and use in the same ways but this is subject to the continued availability of the book via the Pottermore Shop.

§ If you are a parent or guardian who has made the purchase on behalf of your child/children under 20 years of age, you may share such download(s) with your child/children under 20 years of age.

§ If you have used the gift facilities at the Pottermore Shop to purchase the book as a gift for a friend, your friend will be entitled to download and use the book in the way described above.

12.2 From time to time we may make limited extracts of certain books (“extracts”) available to you through Pottermore (for example, one or two chapters of an eBook or digital audio book), which you may download without charge. You may download and make copies of extracts for storage and playback on your System for your personal, non-commercial use only. To be clear, subject to the permitted uses and restrictions set out in these Terms, there is no limit on the number of such copies of extracts that you are permitted to download and make for your personal and non-commercial use only. We reserve the right to withdraw access and/or cease making any extract available through Pottermore at any time without notice to you.

You may not and may not permit others to do any of the following things in relation to any book or extract:

§ sell, distribute, loan, share, give or lend the book or extract to any other person including to your friends (except in the limited circumstances explained at 12.1 above);

§ communicate to the public, publicly perform, transmit, broadcast or use the book or extract for any promotional purposes;

§ translate, modify, adapt or create any derivative works of the book or extract;

§ print-on-demand or copy or burn the book or extract to a device whose principal function is to act as a storage device, for example, a CD/DVD or USB stick;

§ remove or in any way amend or tamper with any copyright or trade mark notice or other identifier contained in the book or extract;

§ interfere with, remove, alter or circumvent or attempt any of the actions listed in this paragraph above in respect of any of the security measures and technology (including, without limitation, rights or identification management and copyright protection technology) used in connection with the book or extract or take any other action that may infringe any rights of the copyright owners of the book or extract;

§ make any use of the book or extract in any form, by any manner or for any purpose (whether commercial or non-commercial) except as expressly set out in paragraph 12.1 above.

12.4 Please be aware that if you use any of the books or extracts in a way other than is specifically permitted under these Terms, you may be infringing copyright or other rights and therefore may be exposed to civil and/or criminal legal action.

12.5 Various third parties (including some of our Partners) operate eBook/digital audio book platforms and services (such as online eBook/digital audio book shops and apps) and offer devices to enable their customers to read or listen to books (such as computers, tablet devices, MP3 players, mobile phones, eBook readers and other devices). In these Terms, we refer to those third party platforms, services and devices as “Third Party Systems”. From time to time, we may put in place arrangements with Partners so that books you have purchased from us are easier to access and enjoy through that Partner’s Third Party System(s). Even where the Third Party System is provided by one of our Partners, please be aware of the following:

§ If you want to purchase a book from us with a view to accessing it through a Third Party System, you may have to have an account with the relevant third party in order to so do. You should think about this before you purchase the book from us. To check whether and how books purchased from us can be accessed through a particular Third Party System, please refer to our Help pages. We are not obliged to offer you a refund where you have purchased a book but are not able to access it on a Third Party System.

§ The use of a Third Party System may be subject to the terms and conditions of the relevant Third Party and you should ensure that you read and understand those terms and conditions if you wish to use the Third Party System to access books purchased from the Pottermore Shop.

§ We are not responsible for any Third Party Systems or any problems you may have in using them. If you have a query in relation to a Third Party System or are having trouble using it, you should contact the relevant third party – see our Help pages for contact details. You may also wish to refer to our Help pages to check whether and how books purchased from us can be accessed through the relevant Third Party System.

13. PERSONAL INFORMATION AND OTHER USERS

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Disclosing personal information

13.1 Please be careful when using Pottermore and/or any community facilities that you do not reveal any personal information including your contact details, your surname and date of birth or where you live.

Our Privacy Policy

13.2 We take your privacy very seriously. Please read our Privacy Policy to see how the personal information that you provide to us is dealt with.

14. DORMANT POTTERMORE ACCOUNTS

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14.1 We reserve the right to suspend or terminate your access to Pottermore.com and delete your Pottermore Account and any personal information, including user generated content, associated with your Pottermore Account if there is no activity on your Pottermore Account for more than six (6) consecutive months.

15. LINKS

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Linking from

15.1 You acknowledge that Pottermore may include links to third party websites. We do not review these third party websites nor have any control over them and we are not responsible for these websites or their content or availability.

15.2 We do not therefore endorse or make any representations about them, or any content found there, or any results that may be obtained from using them.

15.3 If you decide to access any of these third party websites, you do so entirely at your own risk.

15.4 If you use a linked site, any personal information you give them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their terms and conditions and privacy policy before you use their websites and provide any personal information.

Linking to

15.5 You may only link to the Pottermore.com or Pottermore Shop homepage and provided:

§ the homepage is not loaded into frames on your website, unless we otherwise expressly agree; and

§ your site or service does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values.

15.6 We reserve the right to withdraw linking permission at any time without prior notice.

16. OUR CONTENT

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16.1 All of the content on Pottermore is owned by (and all copyright, trade mark and other intellectual property rights in that content, including books supplied via Pottermore, shall at all times remain vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.

16.2 Our content includes books and any information or other material found on or via Pottermore, including text, databases, graphics, software and all other features on Pottermore. For further information on how you may use any books you purchase from us or receive as a gift, please see paragraph 12. For all other content, in general, you are not permitted to reproduce or publish in any way any of the content that appears on Pottermore unless you have first obtained our written permission to do so. In some limited circumstances, we may choose to permit the reproduction or publication of content where we feel that this does not harm our business or our values and does not negatively affect the Pottermore or Harry Potter brands (and our decision on this shall be final). Apart from that, none of our content, including books you purchase from us, may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent. In any case, you are not in any circumstances permitted to:

§ make commercial use of any such content;

§ edit any such content; or

§ remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content.

16.3 The trade marks appearing on Pottermore are owned by us or our licensors including ‘Pottermore’ and ‘Pottermore.com’ together with the ‘Pottermore’ logo. 

16.4 Sony is a registered trade mark of Sony Corporation. The make.believe logo is a trade mark of Sony Corporation.

16.5 Harry Potter characters, names and related indicia are trademarks of and © Warner Bros. Ent. All Rights Reserved. Harry Potter and Pottermore Publishing Rights © J.K. Rowling.

16.6 No permission is given in respect of the use of any of these brands or marks and any such use may constitute an infringement of the holder’s rights.

17. THIRD PARTY SOFTWARE

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17.1 You acknowledge that you may need to download and activate certain software in order to use certain content provided and sold on Pottermore. This software will be clearly identified on Pottermore.

17.2 In order to use such third party software or technology you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third party software.

18. PROMISES, EXCLUSIONS AND LIMITATIONS OF LIABILITY

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18.1 We promise that we will operate Pottermore with reasonable skill and care and that we will use our reasonable endeavours to correct any faults of which we are aware. We do not make any promises about the availability of Pottermore or any services made available through it. In particular we disclaim any liability in connection with any technical problems you may experience with Pottermore which may result in interruptions to Pottermore or the service it delivers, or any bugs or viruses in the Pottermore website or any other platform that Pottermore is delivered through, the server that makes Pottermore available or the content made available through Pottermore. It is your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through Pottermore are free from such contaminations or other harmful properties. Subject to paragraph 18.4 , the promises contained in this paragraph 18 are in place of all warranties or conditions implied by law.

18.2 Subject to paragraph 18.4 , if we fail to comply with these Terms, we shall only be liable to you for an amount not exceeding £100 or, for each order you place, the purchase price of the books for that order, if any, whichever is less.

18.3 SUBJECT TO PARAGRAPH 18.4 , WE WILL NOT BE LIABLE FOR LOSSES THAT RESULT FROM OUR FAILURE TO COMPLY WITH THESE TERMS THAT FALL INTO THE FOLLOWING CATEGORIES: ANY LOSS OF: INCOME OR REVENUE; BUSINESS; BARGAIN; DATA; PROFIT; GOODWILL; REPUTATION; OPPORTUNITY; WASTE OF MANAGEMENT OR OFFICE TIME; OR ANY INDIRECT, SPECIAL, ECONOMIC OR CONSEQUENTIAL LOSS.

18.4 Nothing in these Terms will restrict our liability in respect of your statutory rights, for death or personal injury resulting from our negligence, fraudulent misrepresentation or for any other liability that cannot be limited or excluded by applicable law.

18.5 Occasionally we are unable to perform our obligations under these Terms due to circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.

19. INDEMNITY

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19.1 You agree only to use Pottermore in accordance with these Terms. You agree that you will compensate us (and our employees, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms or any liability we incur as a result of the use of Pottermore and/or any other service we provide by you and any other person that may use your Account.

20. COPYRIGHT COMPLAINTS

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20.1 We respect the intellectual property rights of others, and we prohibit users of Pottermore from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.

20.2 It is our policy to comply with clear notices of alleged copyright infringement. We have established a designated agent to whom you can report alleged copyright infringement. We have registered this agent with the US Copyright Office by providing them with the necessary documentation. For more information, including how to submit a notice of alleged copyright infringement or a counter-notice, please refer to our Copyright Infringement and Takedown ProcedureOpens in a new window in our HelpOpens in a new window pages.

20.3 Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be repeat infringers of others’ copyrights. See further paragraph 8 Misuse of Pottermore.

20.4 Content hosted on third party websites accessible from Pottermore is the responsibility of those websites, and not of Pottermore. If you are the copyright owner of content hosted on a third party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.

21. GENERAL COMPLAINTS AND REQUESTS FOR FURTHER INFORMATION

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21.1 If you have any complaints or wish to request further information about Pottermore, please refer to our Help pages in the first instance.

22. WRITTEN COMMUNICATIONS

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22.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using Pottermore, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Pottermore. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

23. GENERAL

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Severability

23.1 If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms shall not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms (including for use of your UGC).

Entire agreement

23.2 These Terms govern our relationship with you and represent our entire agreement with you.

23.3 Subject to paragraph 18.4, we and you each acknowledge that, in entering into an agreement under these Terms, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such agreement except as expressly stated in these Terms.

Assignment

23.4 This agreement is personal to you. You may not transfer, sub-license or otherwise dispose of any of your rights under these Terms.

Waiver

23.5 If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the terms again.

Exclusion of third party rights

23.6 These Terms do not create any right enforceable by any person who is not a party to this agreement.

References to “including” and other similar expressions

23.7 In these Terms, words that appear after the expression “include”, “including”, “other” “for example”, “such as” or “in particular” (or any similar expression) shall not limit the meaning of the words appearing before such expression.

24. CHANGES TO THESE TERMS AND CONDITIONS

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24.1 Subject to applicable law, we may change these Terms from time to time.  We may notify you of such changes by sending you an email to the last email address that you provided to us and/or by posting a copy of the changes on Pottermore.

24.2 Any changes will take effect seven (7) days after the date of our email or the date we post the modified terms on Pottermore, whichever is earlier. If you continue to make use of Pottermore after that period expires you are confirming that you agree to be bound by the modified Terms.

24.3 As noted in paragraph 5.4, you are responsible for keeping your account information up to date, including your or your parent or guardian’s email address. If the email address to which we send notification to you under this paragraph is no longer valid but you have failed to notify us of this, the sending of our email (notifying you of any changes to the Terms) will, nonetheless, be deemed to be effective notice of the modified terms. Please also read about changes and notifications of changes to the way we collect, use and/or share personal information in our Privacy Policy.

25. GOVERNING LAW AND JURISDICTION

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25.1 These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. Any disputes or claims between us arising out of or in connection with the agreement (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales. Any disputes or claims arising shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. Nothing in this paragraph shall deprive consumers of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.

26. FURTHER INFORMATION AND CONTACT US

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26.1 You can find answers to your queries and more information about us by referring to our Help pages.

27. STATUTORY INFORMATION

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27.1 Pottermore is owned by Pottermore Limited, a company incorporated in England and Wales, whose company details are as follows:

Company Name/Editor
Pottermore Limited
Registered Office:
Devonshire House, 1 Devonshire Street, London W1W 5DR
Trading Address:
Middlesex House, 34-42 Cleveland Street, London, W1T 4JE
Company Registration Number:
06979090
VAT Registration Number:
980826881
ICO Registration Number:
Z2535777
Total Issued Share Capital:
One share of one pound sterling (GBP £1)

Last updated 23 February 2012

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