Terms and Conditions
Updated: July 26, 2016
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 PrivacyStatement, which is incorporated herein by reference.
Dead Guy Games 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.
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 Dead Guy Games or any of its related, affiliated, or subsidiary companies 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 Dead Guy Games. 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 Dead Guy Games 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 Dead Guy Games’ published prices in connection with selling or offering to sell cards to Dead Guy Games.
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 Dead Guy Games, another user of the Site, or the Site’s third-party server, through the Site (together, the "Submission") shall automatically be granted to Dead Guy Games in the form of a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license. 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.
Dead Guy Games 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 Dead Guy Games operations. Without limitation, Dead Guy Games 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, Dead Guy Games 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. Dead Guy Games 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. Dead Guy Games 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. This shall be used solely in accordance with Dead Guy Games’ Privacy Statement provided on the Site. You acknowledge that you are responsible for whatever Submission you may submit, and you, not Dead Guy Games, 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 Dead Guy Games. Dead Guy Games controls and operates the Site from its headquarters in San Jose, California, 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. Dead Guy Games 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. DEAD GUY GAMES DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEAD GUY GAMES 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. DEAD GUY GAMES 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, DEAD GUY GAMES 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 DEAD GUY GAMES 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 Dead Guy Games, 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. Dead Guy Games 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 Dead Guy Games or a Dead Guy Games representative has been advised of the possibility of such damages, or both. FURTHER, Dead GuyGames’ 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.
Dead Guy Games may terminate or suspend your right to use the Site, any services provided on the Site, and/or the license to use Dead Guy Games’ 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 Dead Guy Games’ 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 Dead Guy Games in its sole discretion;
4. Distributing viruses or other harmful computer code;
5. Taking any action that interferes or may in, in Dead Guy Games’ 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 Dead Guy Games’ servers;
6. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Dead Guy Games, exposes Dead Guy Games 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 Dead Guy Games’ written permission.
In addition, Dead Guy Games 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 Dead Guy Games 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 Dead Guy Games 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 Dead Guy Games, 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 Dead Guy Games, or in any way relating to your use of the Site or these Terms and Conditions, lies in the courts of California 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 Dead Guy Games. These Terms and Conditions are governed by the laws of California, 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 Dead Guy Games or others without obtaining the prior written consent of the owner of such rights. Dead Guy Games 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 Dead Guy Games by such rightholder.
Dead Guy Games reserves the right to refuse any order placed on the Site. Dead Guy Games may, in its sole and absolute discretion, limit or cancel quantities of any order for any reason. In the event Dead Guy Games changes or cancels your order, Dead Guy Games 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.