Midwest Magic’s Internet Site Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By using the pages in this site, you agree to these terms and conditions.
Midwest Magic may modify these Terms and Conditions from time to time. Your continued usage of this website (the "Site") will mean you accept any such changes.
RESTRICTIONS ON USE
Material from the Site may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Midwest Magic. The content is protected by copyright under both United States and foreign laws. Modification or use of the materials for any purpose not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other applicable laws and Midwest Magic's intellectual property rights. The material in this site is provided for lawful purposes only. All rights not expressly granted herein are reserved to Midwest Magic. If you violate any of these Terms and Conditions, your limited license to use the Site and related content automatically terminates.
RESTRICTION OF LIABILITY
The use of the Site and the related content is at your sole risk. Midwest Magic will not be liable for any damages or injury, including, but not limited to, any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Midwest Magic will not be liable for any damages or injury (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Midwest Magic or an authorized Midwest Magic representative has been advised of the possibility of such damages, or both. Midwest Magic’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 be greater than the amount you paid to access this site.
All remarks, suggestions, ideas, graphics, or other information communicated to Midwest Magic through this site (together, the "Submission") will permanently be the property of Midwest Magic. Midwest Magic 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 Midwest Magic operations. Without limitation, Midwest Magic will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Midwest Magic 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. Personally identifiable information that may be received at the Site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Midwest Magic or to other entities who are not involved in the operation of this site and shall be used solely in accordance with Midwest Magic’s Privacy Statement provided on the Site. You acknowledge that you are responsible for whatever material you submit, and you, not Midwest Magic, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Except as described otherwise, all materials in the Site are made available only to provide information about Midwest Magic. Midwest Magic controls and operates this site from its headquarters in Springfield, Illinois, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws.
The material in this site could include technical inaccuracies or typographical errors. Midwest Magic may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Midwest Magic DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Midwest Magic DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Midwest Magic DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, Midwest Magic MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE.
Midwest Magic may terminate or suspend your right to use the Site at any time. Your right to use the Site shall terminate immediately and automatically if you should breach any of these Terms and Conditions. You agree that the following actions 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 Midwest Magic in its sole discretion;
4. Distributing viruses or other harmful computer code;
5. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Midwest Magic, exposes Midwest Magic or any of its customers or suppliers to any liability or detriment of any type.
In addition, Midwest Magic shall have the right, but not the obligation, to suspend or terminate your account at any time in the event Midwest Magic 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.
You agree to defend, indemnify, and hold Midwest Magic, its 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, your intentional or unintentional violation of these Terms and Conditions.
JURISDICTION AND VENUE
You expressly agree that exclusive jurisdiction for any dispute with Midwest Magic, or in any way relating to your use of the Site, resides in the courts of the Commonwealth of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Illinois in connection with any such dispute including any claim involving Midwest Magic. These Terms and Conditions are governed by the laws of the Commonwealth of Illinois, without respect to its conflict of laws principles.
If any part of these Terms and Conditions is 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 this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Midwest Magic can revise these Terms and Conditions at any time by updating this posting. Midwest Magic products and services are available in many parts of the world. However, the Midwest Magic site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by Midwest Magic. Midwest Magic is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Midwest Magic of the sites.
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.
Questions or comments regarding the Site should be directed by electronic mail to Midwest Magic.
Midwest Magic welcomes your comments regarding these Terms. If you believe that Midwest Magic has not adhered to these Terms, please contact us electronically, and we will use commercially reasonable efforts to promptly determine and remedy the problem: