Win & In Games, LLC.’S INTERNET SITE TERMS AND CONDITIONS
Updated: November 5, 2017
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE PRIVACY STATEMENT CAREFULLY BEFORE USING THIS SITE.
By using the Site (as herein defined), you agree to these terms and conditions as well as the contents of the Privacy Statement, which is incorporated herein by reference.
Win & In Games, LLC. may modify these Terms and Conditions from time to time and without notice. Your continued usage of this website (the "Site") constitutes your acceptance of any such changes. If you do not agree to the terms set forth below, do not use the Site.
All original content on the Site is © 2018 winandingames.com® and may not be used or reproduced without consent. Wizards of the Coast, Magic: The Gathering, and their logos are trademarks of Wizards of the Coast LLC. © 2018 Wizards. All rights reserved. winandingames.com® is not affiliated with, endorsed, sponsored, or specifically approved by Wizards of the Coast LLC. winandingames.com® may use the trademarks and other intellectual property of Wizards of the Coast LLC, which is permitted under Wizards' Digital Marketing Asset Policy. MAGIC: THE GATHERING® is a trademark[s] of Wizards of the Coast. For more information about Wizards of the Coast or any of Wizards' trademarks or other intellectual property, please visit their website at (www.wizards.com).
RESTRICTIONS ON USE
Material, services, data, and information (including pricing information) from, on, or offered through the Site and any other website owned, operated, licensed, or controlled by Win & In Games, LLC. or any of its related, affiliated, or subsidiary companies (together, "Win & In") may not be scraped, extracted, downloaded, uploaded, sold, or offered for sale or use in any way (including for competitive purposes), without the prior written consent of Win & In. To that end, and without limiting any provision in these Terms and Conditions or Privacy Statement, you agree not to use, or cause to be used, any computerized or other manual or automated program or mechanism, tool, or process, including any offline reader, site search/retrieval application, scraper, spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any materials, data, or information (including pricing information) on any Win & In Website (including the Site itself) for any purpose, including for purposes of selling, offering to sell, or otherwise make available such materials, data, or information. If you violate any of these Terms and Conditions or circumvent (or attempt to circumvent) any security or technological measures on the Site, your limited license to use the Site and related content automatically terminates, provided that it shall not be a violation of these Terms and Conditions for an individual to access or use Win & In’s published prices in connection with selling or offering to sell cards to Win & In.
Use of all remarks, suggestions, ideas, graphics, items, data, pictures, files, audio, video, other multimedia, or other information uploaded, displayed, posted, made available or otherwise communicated to Win & In, another user of the Site, or the Site’s third-party server, through the Site (together, the "Submission") shall automatically be granted to Win & In in the form of a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license for Win & In to use, edit, alter, copy, publish, distribute, of make derivative works of the Submissions for any purpose . For each Submission you post, make available or otherwise communicate through the Site, you represent and warrant that: (a) you own or control all of the rights to such Submission and your use of the Submission does not violate any law, rule or regulation; (b) such Submission does not contain any virus, malware, or the like; and (c) such Submission does not violate these Terms and Conditions or any rights of any third party.
Win & In will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities to a Submission that may appear in future Win & In operations. Except as noted below in this paragraph, Win & In will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Win & In may remove any Submission that in its sole judgment violates these Terms and Conditions, including, but not limited to any Submission that it deems to be offensive, illegal or that may harm or threaten the safety of any person. Win & In does not control or endorse the Submissions and disclaims all liability relating to the Submissions. Personally identifiable information that may be received at the Site is provided voluntarily by you and you consent to Win & In’s collection, use, and storage of such personal information. This shall be used solely in accordance with Win & In’s Privacy Statement provided on the Site. You acknowledge that you are responsible for whatever Submission you may submit, and you, not Win & In, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Except as described otherwise, all materials, services data, and information on the Site are made available only to provide information about Win & In. Win & In controls and operates the Site from its headquarters in Atlanta, Georgia, United States of America and makes no representation that these materials, services, data, and information are appropriate or available for use in other locations. If you use the Site from other locations you are responsible for compliance with applicable local laws.
THE MATERIALS, SERVICES, DATA AND INFORMATION ON THE SITE COULD INCLUDE INACCURACIES OR ERRORS. Win & In MAY MAKE CHANGES (INCLUDING REMOVAL OF CONTENT OR SERVICES) OR IMPROVEMENTS AT ANY TIME. THE MATERIALS, SERVICES, DATA, AND INFORMATION ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Win & In DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Win & In DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUING, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Win & In DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL SERVICES, DATA, OR INFORMATION ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, Win & In MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, CONTINUED ACCESS TO, USE OF, OR TIMELINESS OF THE MATERIALS, SERVICES, DATA AND INFORMATION ON THE SITE, INCLUDING ALL SUBMISSIONS, CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE, ANY OF WHICH MAY BE REVOKED, REMOVED, OR TERMINATED, AS THE CASE MAY BE, BY Win & In AT ANY TIME AND WITHOUT PRIOR NOTICE.
LIMITATION OF LIABILITY
THE USE OF THE SITE AND THE MATERIAL, SERVICES, DATA, AND INFORMATION ON THE SITE IS AT YOUR SOLE RISK. NEITHER Win & In, ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY TO PERSON OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OR INJURY CAUSED BY OR OTHERWISE RELATED TO ANY USE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DOWNTIME, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR OTHER HARMFUL CODE, OR LINE FAILURE. Win & In WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, PROPERTY DAMAGE, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING IN TORT, CONTRACT, OR OTHERWISE, THAT RELATE TO THE SITE OR ANY MATERIALS, SERVICES, DATA OR INFORMATION CONTAINED OR OFFERED THEREIN, EVEN IF THERE IS NEGLIGENCE OR Win & In OR A Win & In REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. FURTHER, Win & In’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, IN TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, WILL NOT IN ANY EVENT EXCEED THE GREATER OF (A) THE AGGREGATE AMOUNT YOU PAID TO ACCESS THE SITE DURING THE IMMEDIATELY-PRECEDING 12 MONTH PERIOD AND (B) $100.00.
Win & In may terminate or suspend your right to use the Site, any services provided on the Site, and/or the license to use Win & In's goods or services as obtained through the Site, at any time. Your right to use the Site, any services provided on the Site, and/or the license to use Win & In's goods or services as obtained through the Site shall terminate immediately and automatically if you should breach any of these Terms and Conditions. You agree that the following actions, among others and whether or not set forth herein, shall constitute a breach of these Terms and Conditions:
1. Using the Site for any purpose in violation of local, state, national, or international laws;
2. Using material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Using material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Win & In in its sole discretion;
4. Distributing viruses or other harmful computer code;
5. Taking any action that interferes or may in, in Win & In's judgment interfere, with the use or functionality of the Site including but not limited to spamming, flooding, or placing an unreasonable or disproportionately large load on Win & In's servers;
6. Engaging in any conduct that restricts or inhibits any person from using or enjoying the Site, or which, in the judgment of Win & In, exposes Win & In or any of its customers or suppliers to any liability or detriment of any type.
7. More than one person using a unique user account on the Site without Win & In's written permission.
8. Any other action that, in Win & In’s sole discretion, is inconsistent with the terms or spirit of these Terms and Conditions, the Privacy Statement, or Win & In’s business.
In addition, Win & In shall have the right, but not the obligation, to suspend or terminate your account and prevent you from accessing the Site at any time in the event Win & In has any reason to believe, in its sole discretion (whether by reviewing its daily login tracker, reviewing its IP address tracker or otherwise), that your account is being misused or that your login or account information may be compromised. Termination shall not relieve you of your obligations under these Terms and Conditions. You agree that monetary damages may be an insufficient remedy and that Win & In may also seek injunctive or other relief for a violation or threatened violation of these Terms and Conditions.
You agree to defend, indemnify, and hold Win & In, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorneys' fees, resulting from, or alleged to result from, (a) your intentional or unintentional violation of these Terms and Conditions or (b) your use of the Site, including the Submissions.
JURISDICTION AND VENUE
You expressly agree that exclusive jurisdiction for any dispute with Win & In, or in any way relating to your use of the Site or these Terms and Conditions, lies in the courts of Atlanta in Fulton County, Georgia, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving Win & In. These Terms and Conditions are governed by the laws of Atlanta, GA, without respect to its conflict of laws principles.
INTELLECTUAL PROPERTY INFORMATION AND POLICY
WIZARDS OF THE COAST®, Magic: The Gathering®, set names and images are trademarks of Wizards of the Coast®, Inc. All other trademarks are the property of the respective trademark owners. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Win & In or others without obtaining the prior written consent of the owner of such rights. Win & In will remove any content or information from the Site which it in good faith believes to infringe the intellectual property rights of others upon receipt of proper notification to Win & In by such rightholder.
Win & In reserves the right to refuse any order placed on the Site. Win & In may, in its sole and absolute discretion, limit or cancel quantities of any order for any reason. In the event Win & In changes or cancels your order, Win & In will attempt to notify you by sending you an e-mail and/or contacting you via the billing address/phone number provided at the time your order was made.
Questions or comments regarding the Site should be directed by electronic mail or via U.S. mail to Win & In Games, LLC. at 1000 Northside Dr. NW Suite 400 Atlanta, GA 30318.