1. Acceptance of Terms of Service.
Upon any activity on the WAMI SWAG VENTURES INC. website, including, but not limited to account creation, voting, shopping, or submission of any product, design, photograph, video, or image any other files, material or information provided to WAMI SWAG VENTURES INC. (hereinafter referred to as "Content"), the user engaged in such activity (“User/Shop Owner”) thereby agrees to the Terms of Service provided herein.2. User/Shop Owner Account.
In order to access some features of the Services, Users/Shop Owners will have to create an account. When creating an account, Users/Shop Owners agree to provide true, current, accurate and complete information. Shop Owners/Users shall not use another Shop Owner's/User's account without permission. By creating an account with WAMI SWAG VENTURES INC., Shop Owner/User represents that they are of legal age to form a binding contract and are not a person barred by any laws from using the Website and/or Services. Shop Owner/User is solely responsible for the activity that occurs on their account.3. User/Shop Owner Submissions.
Shop Owners may submit Content through the WAMI SWAG VENTURES INC. website and/or use of the Services, thereby granting to WAMI SWAG VENTURES INC. a non-exclusive right and perpetual license to the Content. By making submissions to the WAMI SWAG VENTURES INC. website, Shop Owner represents that: (i) Shop Owner is the owner of the Content; (ii) Shop Owner has the right and license to use the Content; (iii) the Content is in the public domain; or (iv) no one else claims ownership of, or exclusive rights to, the Content; and (v) Shop Owner has the legal right to grant a license to WAMI SWAG VENTURES INC. to use the Content.
Shop Owner agrees to adhere to generally accepted rules of etiquette and standards of behavior regarding the Content submitted, which shall include, but may not be limited to, not submitting any Content containing sexual content, hate speech, racism, violence, defamation, or libel. WAMI SWAG VENTURES INC. expressly disclaims any and all liability in connection with the Content and reserves the right to remove any Content in its sole discretion and without prior notice.4. License and Use of Artwork.
By submitting any Artwork through the WAMI SWAG VENTURES INC. website and/or use of the Services, Shop Owner grants to WAMI SWAG VENTURES INC. a non-exclusive right and perpetual license to use, reproduce, distribute, prepare derivative works of, or display the Artwork for use in its business in any manner and to license the Artwork to any one or more third party users ("Third Party Users"), provided, however, that WAMI SWAG VENTURES INC. must enter into a license agreement with each and every Third Party User in a form that is acceptable to Shop Owner. Upon notice, Shop Owner reserves the right to request their artwork be removed from the WAMI SWAG VENTURES INC. website.
As it pertains to private tournament submissions, Shop Owner grants the tournament sponsor an exclusive right and perpetual license to use, reproduce, distribute, prepare derivative works of, or display the Artwork for use in its business in any manner and to license the Artwork to any one or more third party user ("Third Party User").5. Shop Owner Commission Payments.
As consideration for the license granted hereunder, and the other obligations undertaken by Shop Owner hereunder, WAMI SWAG VENTURES INC. agrees to issue payments to the Shop Owner based on the difference between the base cost set by WAMI SWAG VENTURES INC. and the selling price set by the Shop Owner for each item sold. The Shop Owner will have the right to mark up the base cost to any price they desire, creating a new selling price. The Shop Owner's account will be credited with the difference between the selling price and the base cost each time an item is purchased. This amount is referred to as “Commission”. The Shop Owner may request payouts when their commission account reaches a balance of twenty dollars ($20) or more. In certain instances, Shop Owner may be required to provide WAMI SWAG VENTURES INC. with a fully executed and completed IRS Form W-9, or its equivalent, in order to receive such payouts.
PRIVATE tournaments may have different rules and commission structures. Users/Shop Owners may not receive additional commissions during private tournaments in some cases. These conditions will be noted on the corresponding tournament page.6. User/Shop Owner Privacy.
User/Shop Owner agrees not to collect or use anyone else's personally identifiable information, including, without limitation, individual names, account names, email addresses, or other user-identifying information ("Personal Information") from the WAMI SWAG VENTURES INC. website.7. No Partnership or Joint Venture; Independent Contractor.
Nothing herein shall be deemed to create or constitute the relation of employer and employee between Shop Owner and WAMI SWAG VENTURES INC. Shop Owner and WAMI SWAG VENTURES INC. hereby acknowledge Shop Owner shall be solely responsible for and shall pay all taxes in respect of Shop Owner's income and engagement hereunder, and that WAMI SWAG VENTURES INC. will make payments to Shop Owner as a 1099 independent contractor and not as a W-2 employee. Nothing herein shall be construed as giving Shop Owner any rights as a member, agent or employee of WAMI SWAG VENTURES INC., or to control in any manner the conduct of WAMI SWAG VENTURES INC.'s business.8. Warranty Disclaimer.
User/Shop Owner agrees that their use of the website and/or services shall be at their sole risk. to the fullest extent permitted by law, WAMI SWAG VENTURES INC., and any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of WAMI SWAG VENTURES INC., disclaim all warranties, express or implied, in connection with the website and User's/Shop Owner's use thereof. WAMI SWAG VENTURES INC. makes no warranties or representations about the accuracy or completeness of the website's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from User's/Shop Owner's access to and use of the website, (iii) any unauthorized access to or use of WAMI SWAG VENTURES INC.'s secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content, user submission or other material or for any loss or damage of any kind incurred as a result of the use of any content, user submission, or other material posted, emailed, transmitted, or otherwise made available via the website. WAMI SWAG VENTURES INC. does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or other promotion, and WAMI SWAG VENTURES INC. will not be a party to or in any way be responsible for monitoring any transaction between users/shop owners and third-party providers of products or services.9. Limitation of Liability.
In no event shall WAMI SWAG VENTURES INC., its employees, officers, members, directors, affiliated entities, successors and assigns, be liable to User/Shop Owner for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from User's/Shop Owner's access to and use of our website, (iii) any unauthorized access to or use of the WAMI SWAG VENTURES INC. secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the WAMI SWAG VENTURES INC. website/services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content, user submission, or other material posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.10. Indemnification.
User/Shop Owner agrees to defend, indemnify and hold harmless WAMI SWAG VENTURES INC., its employees, officers, members, directors, affiliated entities, successors and assigns from and against any and all suits, judgments, causes of action, claims for loss or damages or monies, expenses, attorneys' fees, proceedings in law or for injunctive relief or administrative remedy asserted or brought by any third party against WAMI SWAG VENTURES INC. arising in whole or in part from any act, omission, negligence, gross negligence, willful misconduct, recklessness, fraud or intentional act of User/Shop Owner. To the extent permitted under applicable law, User's/Shop Owner's obligation to indemnify and defend WAMI SWAG VENTURES INC. shall not be limited or precluded by any allegations, judicial determination or findings by verdict of negligence, acts or omissions, intentional or otherwise, of WAMI SWAG VENTURES INC.11. Governing Law; Venue; Attorney's Fees.
User/Shop Owner and WAMI SWAG VENTURES INC. agree that these Terms of Service and User's/Shop Owner's use of the website and/or Services shall be governed by the law of the State of Illinois, without regard to its choice of law rules. User/Shop Owner and WAMI SWAG VENTURES INC. agree that in the event of any suit or legal proceeding arising from these Terms of Service and User's/Shop Owner's use of the website and/or Services, that User/Shop Owner and WAMI SWAG VENTURES INC. hereby submit to general and specific jurisdiction of the federal and state courts in Cook County, Illinois. With respect to any such suit or legal proceeding, User/Shop Owner and WAMI SWAG VENTURES INC. irrevocably waive any objection they now have or hereafter may have related to the venue of any such action or proceeding or to the fact that such court is an inconvenient forum. User/Shop Owner and WAMI SWAG VENTURES INC. agree that in the event of any lawsuit arising from these Terms of Service and User's/Shop Owner's use of the website and/or Services filed in a court to the extent permitted under these Terms of Service, including any proceeding seeking to enforce any right under these Terms of Service, the prevailing party in any such suit shall, in addition to any other remedies available at law or equity, be entitled to recover from the other party or parties all reasonable costs, attorneys' fees and expenses of any nature whatsoever incurred by the prevailing party in connection with such suit.12. Termination.
The Terms of Service may be revised periodically by WAMI SWAG VENTURES INC. and this page will reflect the most up to date version of the Terms of Service. Users/Shop Owners continued use of the Service constitutes their agreement to the Terms of Service and any future revisions.14. Contact Information.
WAMI SWAG VENTURES INC. may be contacted at any time regarding the Terms and Conditions at PO Box 104 Frankfort, IL 60423-0104