WORLD SERIES OF COMMANDER INTERNET SITE TERMS AND CONDITIONS
Updated: August 2, 2022
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.
World Series of Commander 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 © World Series of Commander® 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. © Wizards. All rights reserved. World Series of Commander® is not affiliated with, endorsed, sponsored, or specifically approved by Wizards of the Coast LLC. World Series of Commander® is unofficial Fan Content permitted under the Fan Content Policy. Not approved/endorsed by Wizards. Portions of the materials used are property of Wizards of the Coast. ©Wizards of the Coast LLC which can be found here: Wizards of the Coast’s Fan Content 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 World Series of Commander or any of its related, affiliated, or subsidiary companies (together, “WSOC”) 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 WSOC. 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 WSOC 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.
SUBMISSIONS
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 WSOC, another user of the Site, or the Site’s third-party server, through the Site (together, the “Submission”) shall automatically be granted to WSOC in the form of a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license for WSOC 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.
WSOC 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 WSOC operations. Except as noted below in this paragraph, WSOC 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. WSOC 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. WSOC 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 WSOC’s collection, use, and storage of such personal information. This shall be used solely in accordance with WSOC’s Privacy Statement provided on the Site. You acknowledge that you are responsible for whatever Submission you may submit, and you, not WSOC, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
JURISDICTION
Except as described otherwise, all materials, services data, and information on the Site are made available only to provide information about WSOC. WSOC controls and operates the Site from its headquarters in Wilmington, DE, 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.
DISCLAIMER
THE MATERIALS, SERVICES, DATA AND INFORMATION ON THE SITE COULD INCLUDE INACCURACIES OR ERRORS. WSOC 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. WSOC DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WSOC 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. WSOC 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, WSOC 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 WSOC 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 WSOC, 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. WSOC 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 WSOC OR A WSOC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. FURTHER, WSOC’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.
TERMINATION
WSOC may terminate or suspend your right to use the Site, any services provided on the Site, and/or the license to use WSOC’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 WSOC’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 WSOC in its sole discretion;
4. Distributing viruses or other harmful computer code;
5. Taking any action that interferes or may in, in WSOC’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 WSOC’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 WSOC, exposes WSOC 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 WSOC’s written permission.
8. Any other action that, in WSOC’s sole discretion, is inconsistent with the terms or spirit of these Terms and Conditions, the Privacy Statement, or WSOC’s business.
In addition, WSOC 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 WSOC 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 WSOC may also seek injunctive or other relief for a violation or threatened violation of these Terms and Conditions.
INDEMNITY
You agree to defend, indemnify, and hold WSOC, 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 WSOC, or in any way relating to your use of the Site or these Terms and Conditions, lies in the courts of Lexington County, South Carolina, 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 WSOC. These Terms and Conditions are governed by the laws of the South Carolina, 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 WSOC or others without obtaining the prior written consent of the owner of such rights. WSOC 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 WSOC by such rightholder.
MISCELLANEOUS
If any part of these Terms and Conditions is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Site. WSOC can revise these Terms and Conditions at any time and without notice by updating this webpage. WSOC products and services are available in many parts of the world, however, the Site may describe products and services that are not available worldwide. The Site may be linked to other websites which are not maintained by or affiliated with WSOC. WSOC is not responsible for the content of those websites. The inclusion of any link to such sites does not imply endorsement by WSOC of the sites. Please refer to the Privacy Policy for more information.
Questions or comments regarding the Site should be directed by electronic mail or via U.S. mail to World Series of Commander, 704 N King St #500, Wilmington, DE 19801
PURCHASING FROM WSOC
ORDERS
WSOC reserves the right to refuse any order placed on the Site. WSOC may, in its sole and absolute discretion, limit or cancel quantities of any order for any reason. In the event WSOC changes or cancels your order, WSOC 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.
Resellers
WSOC provides products and services to third parties for resale, (the “Reseller”). The Reseller agrees to be bound by the Terms & Conditions presented in this agreement. Product pricing will be provided through online user interfaces. The WSOC reserves the right to adjust pricing for any goods or services without notice.
MAP Pricing
Reseller agrees to adhere to Minimum Advertised Pricing (MAP). MAP pricing is set to 20% off Manufactured Suggest Retail Price (MSRP). No products or services can be advertised online, in-store, or any other method not listed here below MAP pricing. In the event MAP pricing is not maintained, the WSOC, at its sole discretion, reserves the right to discontinue and terminate its agreement with Reseller. Reseller agrees to remove all products, prices, and content related to WSOC upon termination notice via electronic or U.S. Mail. Further, Reseller agrees that improper promotion of WSOC products, services, content will be deemed as doing irreparable harm to WSOC and WSOC will seek both monetary and injunctive damages to the full extent of the law.