Wiki User Community Waiver
The voluntary waiver agreed to by community contributors and Wiki Team members
WIKI USER COMMUNITY WAIVER
Effective date: as of the date the contributor first makes a Community Contribution (as defined below) on or after the publication of this Waiver.
This Wiki User Community Waiver (this "Waiver") is a voluntary agreement between you (the "Contributor", "you", or "your") and ThoughtBomb Studios LLC dba EchoMTG, a Delaware corporation (the "Company", "we", or "us"). It governs your voluntary participation in the EchoMTG community — including the EchoMTG Wiki Team and any other community contribution surface operated by the Company.
This Waiver is supplemental to the Company's Terms and Conditions (the "T&C") and the Company's Privacy Policy. In the event of any conflict between this Waiver and the T&C, the T&C shall control. Capitalized terms used but not defined in this Waiver have the meanings given in the T&C.
1. ACCEPTANCE
1.1 You accept this Waiver by (a) making any Community Contribution after the effective date of this Waiver, or (b) being added to, or remaining a member of, the Company's Wiki Team or any equivalent community-contributor role.
1.2 If you do not agree to any part of this Waiver, you must not make any Community Contribution and you must request removal from the Wiki Team or any other community-contributor role by emailing the Company at teeg@echomtg.com.
2. AGE REPRESENTATION
2.1 You represent, warrant, and affirm that, as of the effective date of this Waiver and as of the date and time of every Community Contribution you make, you are at least eighteen (18) years of age and are of full legal age to enter into binding contracts under the laws of the state, province, or other jurisdiction in which you reside.
2.2 You further affirm that your making of Community Contributions does not violate, and is not subject to, any child-labor, minimum-age-of-employment, or analogous law, regulation, or rule of any jurisdiction. See also Clause 13.6 of the T&C.
2.3 The Company does not knowingly solicit or accept Community Contributions from minors. If at any time you are or become a minor (whether by reason of age, change of jurisdiction, or any other circumstance), you (or, where applicable, your parent or legal guardian) shall immediately notify the Company at teeg@echomtg.com and shall cease making further Community Contributions until you reach the age of majority in your jurisdiction.
3. SCOPE OF COMMUNITY CONTRIBUTIONS
3.1 As used in this Waiver, "Community Contribution" means any voluntary act, work, submission, or participation by you in connection with the EchoMTG community or the Service, including without limit:
Database curation and data import. Updating, correcting, importing, normalizing, or otherwise editing card catalog, set, pricing, image, finish, or other data made available through the Service, including via wiki-team-specific tools, admin pages, or bulk import flows.
Support and triage. Filing, reviewing, triaging, replying to, or otherwise participating in support tickets, bug reports, or user-issue threads, whether on GitHub, Discord, email, or any other channel operated by the Company.
Quality assurance ("QA") activity. Manually testing the Service, beta or development builds, mobile applications, the API, or any related software; reproducing user-reported defects; verifying fixes; running test data through the Service.
Feature ideas, product suggestions, and roadmap input. Submitting, discussing, or refining feature ideas, product suggestions, design proposals, or strategy input, whether in a public tracker, in Discord, or through any other channel.
Developer prompts and AI-related materials. Designing, drafting, sharing, or refining prompts, system instructions, or other AI-related inputs intended for use with the Service or its tooling.
Other voluntary participation. Posting in the Company's Discord servers, GitHub repositories, public issue trackers, discussions, or other community channels operated by or on behalf of the Company; contributing translations, documentation, screenshots, or other materials; or any other voluntary contribution of feedback, ideas, content, code, or other material.
3.2 Community Contributions also include any activity you perform in the capacity of a member of the Wiki Team or any other elevated-permission community-contributor role granted by the Company, including without limit access to admin pages, bulk-import tools, or non-public wiki channels.
4. UNPAID / PRO-BONO NATURE OF CONTRIBUTIONS
4.1 You acknowledge and agree that all Community Contributions are made on a strictly voluntary, unpaid, and pro-bono basis. You have no obligation to make Community Contributions; the Company has no obligation to accept or to compensate, credit, attribute, or otherwise remunerate you for any Community Contribution.
4.2 No Community Contribution shall give rise to any employment relationship, partnership, joint venture, agency, fiduciary relationship, or service-provider relationship between you and the Company. You are not an employee, contractor, agent, or representative of the Company by reason of making Community Contributions.
4.3 You waive any and all claims for compensation, wages, benefits, equity, profit-share, bonus, or other consideration on account of any Community Contribution, whether under any federal, state, or local labor or employment law, under the common law of any jurisdiction, or otherwise.
4.4 From time to time the Company may, in its sole discretion, recognize the contributions of community members through informal gestures (for example, free or discounted inventory space, sealed product, public mention, or community-channel acknowledgement). Any such recognition is at the Company's sole discretion, is not consideration for the Community Contribution, and shall not create any expectation of, or entitlement to, future recognition or compensation. See Clause 13.2 of the T&C.
5. LICENSE GRANT AND WAIVER OF CLAIMS
5.1 You hereby grant the Company a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, transferable, sublicensable (through multiple tiers) license to use, copy, modify, adapt, translate, distribute, display, publish, perform, transmit, sublicense, commercialize, and prepare derivative works of any and all Community Contributions for any purpose, including without limit incorporation into the Service or into any other product, service, or offering of the Company.
5.2 To the maximum extent permitted by applicable law, you irrevocably waive, release, and forever discharge the Company, ThoughtBomb Studios LLC dba EchoMTG, and each of their respective officers, directors, employees, affiliates, agents, contractors, and successors (collectively, the "Released Parties") from any and all rights, claims, demands, actions, suits, or causes of action, in any jurisdiction, that you ever had, now have, or hereafter may have, arising out of or in any way relating to your Community Contributions or your participation in the EchoMTG community. Without limit, the released claims include:
any claim for compensation, attribution, equitable interest, or other remuneration;
any claim of copyright, patent, trademark, trade-secret, moral rights, or other intellectual-property infringement or misappropriation;
any claim of breach of confidence, breach of an express or implied covenant of good faith and fair dealing, breach of contract, tortious interference, idea misappropriation, unjust enrichment, quantum meruit, or any equivalent claim under the laws of any jurisdiction;
any claim arising from the Company's use, modification, ignoring, discarding, or commercialization of any Community Contribution; and
any claim relating to the Company's development, launch, or operation of any feature, product, or service of its own that is substantially similar to, overlaps with, competes with, or replaces a feature, product, or service that you or any third party has built, developed, proposed, or commercialized using data accessed through the Service or any API associated with the Service (see also Clause 3.9 of the T&C).
5.3 To the maximum extent permitted by applicable law, you expressly waive any provision, principle, or doctrine — including any analog of California Civil Code section 1542 or any equivalent in any other jurisdiction — that would otherwise limit the scope of the release in this Clause 5 to claims that you know or suspect to exist at the time of contribution.
5.4 The license and waiver in this Clause 5 survive any termination of your account, any removal from the Wiki Team or any other community-contributor role, and any termination of any other relationship between you and the Company.
6. ASSUMPTION OF RISK AND DISCLAIMER OF LIABILITY
6.1 You acknowledge that participation in the EchoMTG community is voluntary and that you assume all risks associated with such participation, including without limit any time, effort, or out-of-pocket expense you choose to incur in connection with Community Contributions.
6.2 To the maximum extent permitted by applicable law, the Released Parties shall not be liable to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, however caused, arising out of or relating to this Waiver, your Community Contributions, or your participation in the EchoMTG community, even if any of the Released Parties has been advised of the possibility of such damages.
6.3 Without limit to the disclaimers in the T&C, you acknowledge that the Service is provided on an "as is" and "as available" basis and that no Released Party makes any warranty of any kind in connection with this Waiver or your Community Contributions.
7. CONFIDENTIALITY AND APPROPRIATE USE
7.1 In the course of making Community Contributions — particularly as a member of the Wiki Team — you may receive access to non-public information, including non-public channels, draft features, unreleased data, internal tooling, or user-reported issues. You agree to treat all such non-public information as confidential and to use it solely for the purpose of making Community Contributions in good faith on behalf of the Company.
7.2 You agree not to disclose, publish, or otherwise share any non-public information you receive in your role as a community contributor with any third party, except as expressly authorized by the Company in writing.
7.3 You agree to comply with the data-use, anti-scraping, and Direct-Substitute-Service provisions of the T&C — see Clauses 3.4, 3.6, 3.7, 3.8, and 3.9 of the T&C. Your Wiki Team or community-contributor status does not entitle you to extract or repurpose Service data in violation of those clauses.
7.4 You will not knowingly submit any Community Contribution that infringes any third-party intellectual-property right, violates any law, or contains malicious code, harassment, hateful content, or material that the Company in its sole discretion deems inappropriate for the community.
8. PRIVACY
8.1 Your interactions with the Company, including in connection with Community Contributions, are subject to the Company's Privacy Policy.
8.2 You acknowledge that, as described in the Privacy Policy, the Company may collect, store, and process information about your community participation (including timestamps, content of contributions, identifiers, and related telemetry) for the purposes of operating, improving, and securing the Service and the community.
9. TERM AND TERMINATION
9.1 This Waiver takes effect when you first satisfy any of the acceptance conditions in Clause 1.1 and continues until terminated by you in accordance with Clause 9.2 or by the Company in accordance with Clause 9.3.
9.2 You may terminate your participation in the EchoMTG community at any time by ceasing to make Community Contributions and, if applicable, by requesting removal from the Wiki Team or other community-contributor role at teeg@echomtg.com.
9.3 The Company may, in its sole discretion and at any time, remove you from the Wiki Team or any other community-contributor role, restrict your access to community channels, or terminate this Waiver, with or without notice and with or without cause.
9.4 The license grant, claim waivers, liability disclaimers, confidentiality obligations, and other provisions of this Waiver that by their nature should survive termination shall survive any termination of this Waiver or any termination of your participation in the community.
10. GOVERNING LAW AND JURISDICTION
10.1 This Waiver shall be governed and construed in accordance with the laws of the State of Delaware, as such laws are applied to agreements entered into and to be performed entirely in the State of Delaware and between Delaware residents.
10.2 You agree to submit to jurisdiction in Delaware and that any claim arising under this Waiver will be brought solely in a court in San Diego, CA. The governing-law and jurisdiction provisions of Clause 11 of the T&C are incorporated into this Waiver by reference.
11. GENERAL
11.1 This Waiver, together with the T&C and the Privacy Policy, constitutes the entire agreement between you and the Company regarding your Community Contributions and supersedes all prior or contemporaneous understandings on that subject.
11.2 If any provision of this Waiver is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
11.3 The Company may amend this Waiver at any time by posting a revised version on the Web Pages. Continued participation in the community after such posting constitutes your acceptance of the revised Waiver. If you do not agree to a revised Waiver, you must cease making Community Contributions.
11.4 Questions about this Waiver may be directed to teeg@echomtg.com.