Terms of Use
1. Terms of Use:
These Terms and Conditions (the “Terms and Conditions”) set forth the provisions that apply to your use of the Magcon Gaming website located at www.magcongaming.com (the “Site”). The terms “MagCon Gaming,” “we,” “company,” “our” or “us” refer to Magcon Gaming LLC, its affiliates and/or subsidiaries. The words “you”, “your,” “yours,” and “customer” refer to the individual or entity that uses or views the Site(s) and/or makes a purchase for a product or service on the Site. You attest that you are at least eighteen (18) years of age or possess your parent or legal guardian’s consent and are fully able and competent to enter into, abide by and comply with the terms contained in these Terms and Conditions.
Your use of the Site constitutes your agreement to all such Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, immediately discontinue your use of the Site. The Site may also contain additional terms that govern particular features, offers, products or services (e.g., sweepstakes or contests in which the additional terms and guidelines are contained within the contests). In the event that any of the Terms and Conditions contained herein conflict with the additional terms contained within the Site(s), then these Terms and Conditions shall control. MagCon Gaming grants you a non-exclusive, non-transferable, limited right to enter and use this Site. Your use of this Site constitutes your agreement to not interrupt or attempt to interrupt the operation of this Site in any way. If you do not agree with, accept or understand these Terms and Conditions, discontinue your use of the Site. We may revoke your right to access the Site at any time with or without notice..
2. Privacy Policy
Your right to privacy is important to us. We respect the confidentiality, integrity and privacy of our customers’ personal information. We have created standards and controls to safeguard the information we obtain from customers who access, view and make purchases from our Site(s). Please see our Privacy Policy if you have questions about the measures taken by us to protect your personal information.
3. Changes to the Terms and Conditions
We reserve the right to change and/or update the terms, conditions, and notices under which the Site is offered. We may change the Terms and Conditions at any time with or without notice. It is your responsibility to review these terms and conditions each time you visit the Site. Your continued use of the Site indicates that you acknowledge, understand and accept the Terms and Conditions.
4. No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful, malicious, destructive, harmful or prohibited by these Terms and Conditions. You may not use the Site in any manner that could damage, disable, overburden, impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain or gain access to any materials or information through any means intentionally or not intentionally made available or provided for through the Site.
5. Account Creation
You may be required to create an account for the purpose of using or ordering a product or service from our Site. To create an account, you are required to (1) provide accurate information to create your account, (2) update your account to maintain the accuracy of the information included in your account, (3) keep your account information secure and confidential, and (4) be responsible for any loss or damage that results from the creation, maintenance and use (both authorized and unauthorized) of your account or the Site.
6. Billing and Payment Methods
a) We offer you the ability to make transactions on our Site using an electronic payment method. If there is a price associated with a product or service offered by us, you agree to pay that price, in addition to any applicable shipping costs, taxes or fees. All prices are exclusive of any taxes, costs, import fees, delivery charges or exchange rate settlements which may be applicable to the purchase or delivery of the product or service for which you may be responsible, unless otherwise stated herein. We accept Visa, MasterCard, Discover, American Express, PayPal or Square(“Electronic Payment”). We offer the ability to make Electronic Payments as a courtesy to you and for your convenience. By submitting your personal information and Electronic Payment information to us via our Site, you authorize us to withdraw the designated funds from your account at your designated banking or financial institution, based on your payment instructions and for the limited purpose of purchasing goods and services from the Site.
b) We may delay, suspend or reject an Electronic Payment from you for a transaction including, without limitation, if the transaction (a) may subject us to a financial or security risk, (b) is unauthorized, suspicious or fraudulent (c) causes unnecessary or undue risk or (d) violates the provisions contained within these Terms and Conditions or any other MagCon Gaming policy. In the event that you decide to cancel a purchase made on our Site, your banking or financial institution may place a temporary hold on the funds in your account in the amount of your purchase until the transaction is reversed at your banking or financial institution. The temporary hold may be placed on these funds for three (3) to seven (7) business days or for as long as determined by your banking or financial institution. You should contact your banking or financial institution for questions regarding any debits or credits to your account for purchases made or reversed on our Site.
7. Service Interruptions
We strive to make our Site available to you on a continual basis. However, the Site may be unavailable during periods of unplanned service outages, planned maintenance and service and desired upgrades to our product and service offerings. We are not responsible for any damage or loss including, but not limited to, loss of content, hardware or software malfunction or any other loss, damage or expense you may suffer in the event that our Site becomes unavailable to you due to a service interruption or for any other reason.
8. Termination/Access Registration
We reserve the right, in its sole discretion, with or without notice, to terminate, suspend and/or restrict your access to any Site(s) and the related services or any portion thereof at any time, with or without notice.
9. Ownership of Website Content
a) MagCon Gaming Content. The Site shall include, without limitation, texts, graphics, images, pictures, text, logos, trademarks, patents, names, processes, policies, data, claims or videos that are owned by us are proprietary in nature, and are subject to protection by national and international intellectual property law (‘Content”).
b) User Content. We may allow you to upload content to our Site (“User Content”). All content displayed, shared, input or uploaded to the Site shall become the property of Magcon Gaming LLC, its affiliates and/or subsidiaries. By posting content to our Site, you agree and understand that we assume no responsibility or liability for any User Content posted or provided on our Site. By uploading or inputting User Content, you hereby convey any ownership rights to us. You may not upload any materials, data, video, text, images, media, graphics, sound files, records or other content which may:
i) be used to slander, harass or threaten any third party, entity or individual;
ii) include content deemed profane, obscene or otherwise inappropriate;
iii) include a virus, worm, bug, Trojan horse or any other malicious malware which may harm, copy, distribute, disseminate or reverse engineer this site or its content;
iv) allow unauthorized access to the company’s data, materials, drawings, images, records, media and /or customer information
v) access the site for use in an unauthorized way or to access customer personal or identifying information, lists, records, data or Electronic Payment information
All content on the Site is protected as a collective work under U.S. and international copyright laws. We own the copyright in the selection, display and arrangement of all content. You may use the Site specifically for the purpose for which it is intended and only for noncommercial, personal use.
10. Links to Third Party Sites
As a service and convenience to our customers, we may provide links to third-party websites (“Linked Site(s)”). Any website you visit as a result of using a link provided on our Site is the under the control of and the responsibility of the vendor, merchant, or owner of that Linked Site. The Linked Sites are not under our control of and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MagCon Gaming will provide links to you only as a convenience, and the inclusion of any link does not imply endorsement of the Linked Site by MagCon Gaming or any association with its operators. Any transactions that you enter into with a third-party vendor, merchant or other individual or entity are solely between you and that vendor, merchant, individual or entity. We hereby specifically disclaim any and all liability for loss or damage that results or arises from your transaction, access to, communication and/or activities with a Linked Site.
11. Copyright and Trademark Notices
Unless otherwise designated, all contents of the Site are copyrighted work, owned by Magcon Gaming LLC, its affiliates and/or subsidiaries and are protected by copyright law. All rights are reserved. The processes, products, services, the MagCon Gaming word mark, the MagCon Gaming logos, and/or other MagCon Gaming trade names, taglines or trade dress referenced herein are either pending or registered patents or pending or registered trademarks of Magcon Gaming LLC, its affiliates and/or subsidiaries. The names of other companies and products mentioned herein may be the trademarks of their respective owners.
12. Notices and Procedures for Making Copyright Claims
We respect the rights of all entities and individuals regarding the ownership of intellectual property. Pursuant to Title 17, United States Code, Section 512(c) (2) and Title 17, United States Code, Section 512(c)(3), MAGCON Gaming has established the following procedure for submitting infringement notices to the company. All notices should be sent to:
MAGCON Gamin LLC
2603 SW 19th St.
Ocala, Florida 34471
Attention: Intellectual Property Department
All notices shall include the following information:
1) A statement that details the ownership and holder of exclusive right to the intellectual property or that you are acting on behalf of the owner.
2) A statement, under penalty of perjury, that the information in the notice is accurate.
3) A complete description of the property for which infringement is claimed.
4) A complete name and official ownership number of the intellectual property.
5) Your contact information to include name, street address, postal address, email address and contact telephone number.
6) A statement indicating that use of the intellectual property at issue has not been licensed, granted or otherwise conveyed to MAGCON Gaming LLC or its affiliates and/or subsidiaries.
7) A valid signature of the entity or individual alleging infringement.
Once the infringement notice has been received, we will review the notice and respond appropriately. Please forward any and all questions regarding our intellectual property portfolio to the address provided above.
13. Disclaimer.
We make no warranty, express or implied, with respect to your use of the Site. You agree and understand that we make the Site available to use “as is” and we make no guarantee with regards to the quality, reliability, suitability, availability, timeliness, security, accuracy, implied warranties of merchant ability, fitness for a particular purpose or workmanship of the Site, except as provided for herein and to the extent permitted by applicable law. The Site should not be relied on for personal, professional, medical, legal or financial advice and you should consult the appropriate professional for specific advice tailored to your situation.
14. Limitation of Disclaimer
In no event shall MAGCON Gaming LLC, its suppliers, affiliates and/or subsidiaries be responsible or liable for any loss or action including, but not limited to any direct, indirect, punitive, incidental, special or consequential or any other damages which arise out of, result from or are in any way connected to (a) loss of use, privacy or security, (b) loss of data or profits, (c) loss of availability, delay or inability to use the Site including, but not limited to, any products, services, information, software or graphics, which results from, arises out of or is in connection with your use of the Site, our products and/or services; whether based in contract, tort, negligence, strict liability or otherwise, even if MAGCON Gaming has been advised of the possibility of such damages or should have been aware of the possibility of such damages. If you are dissatisfied with any portion of the Site or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site.
15. Notice of Dispute
If you have a dispute or claim against MAGCON Gaming LLC, its affiliates or subsidiaries, you are required to send a notice detailing the facts of your dispute or claim to:
MAGCON Gaming LLC
2603 SW 10th St.
Ocala Florida 34471
ATTN: Legal
Either we, directly or through our legal representative, will contact you with a response specific to the facts included in your notice. You agree to resolve all claims or disputes in the federal and state courts of Michigan and located in the county in which our headquarters is located.
16. Governing Law and Jurisdiction
All claims or disputes arising out of or which result from the use of the Site(s) shall be properly held in the federal and state courts of Michigan and located in the county in which our headquarters is located. All disputes shall be resolved applying the state law of Michigan without regard for its conflict of law provisions.
17. Compliance with Law
We shall operate and offer our products and services domestically and internationally, as allowed by applicable law. We shall comply with all applicable laws, rules, regulations and statutes which govern our products and services. When you visit the Site, submit inquiries and/or make a purchase through our Site, we agree to protect your personal information in accordance with applicable law. Your use of the Site(s) shall comply with all applicable state, provincial or national law. It is your responsibility to make yourself abreast of any regulations which govern your use of the Site(s) and comply with applicable law.
18. General
These Terms and Conditions are governed by the laws of the State of Michigan U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Livonia, Michigan, U.S.A. in all disputes arising out of or relating to the use of the Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MAGCON Gaming, its affiliates and/or subsidiaries as a result of these Terms and Conditions or use of the Site(s). If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and limitation of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect. Unless otherwise specified herein, these Terms and Conditions together with the Privacy Policy and any other policy contained on the Site constitute the entire agreement between you and MAGCON Gaming with respect to the Site(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MAGCON Gaming with respect to the Site(s). A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.