Terms of Service
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 artwork, drawings, sketches, designs, photographs, videos, or images any other files, material or information provided to WAMI SWAG VENTURES INC. (hereinafter referred to as "Artwork"), the user engaged in such activity (“User/Artist”) thereby agrees to the Terms of Service provided herein.
2. User/Artist Account.
In order to access some features of the Services, Users/Artists will have to create an account. When creating an account, Users/Artists agree to provide true, current, accurate and complete information. Artists/Users shall not use another Artist's/User's account without permission. By creating an account with WAMI SWAG VENTURES INC., Artist/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. Artist/User is solely responsible for the activity that occurs on their account.
3. Artist Submissions.
Artists may submit Artwork 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 Artwork. By making submissions to the WAMI SWAG VENTURES INC. website, Artist represents that: (i) Artist is the owner of the Artwork; (ii) Artist has the right and license to use the Artwork; (iii) the Artwork is in the public domain; or (iv) no one else claims ownership of, or exclusive rights to, the Artwork; and (v) Artists has the legal right to grant a license to WAMI SWAG VENTURES INC. to use the Artwork. Artist agrees to adhere to generally accepted rules of etiquette and standards of behavior regarding the Artwork submitted, which shall include, but may not be limited to, not submitting any Artwork containing sexual content, hate speech, racism, violence, defamation or libel. WAMI SWAG VENTURES INC. expressly disclaims any and all liability in connection with the Artwork and reserves the right to remove any Artwork in its sole discretion and without prior notice.
4. License and Use of Artwork.
By submission of any Artwork through the WAMI SWAG VENTURES INC. website and/or use of the Services, Artist 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 user ("Third Party User"), 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 Artist. Upon notice, Artist reserves the right to request their artwork be removed from the WAMI SWAG VENTURES INC. website.
5. Artist Commission Payments.
As consideration for the license granted hereunder, and the other obligations undertaken by Artist hereunder, WAMI SWAG VENTURES INC. agrees to issue to Artist twenty percent (20%) of any revenue received from any sales using their Artwork which was submitted through a public tournament. WAMI SWAG VENTURES INC. reserves the right to modify such percentage upon notice to the Artist. The Artists shall each have an account page showing the total sales made and commissions earned from their Artwork and may request payouts when their commission account reaches a balance of twenty dollars ($20) or more. Artist shall provide WAMI SWAG VENTURES INC. with a fully executed and completed IRS Form W-9, or its equivalent, in order to receive such payouts.
6. User/Artist Privacy.
User/Artist 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 Artist and WAMI SWAG VENTURES INC. Artist and WAMI SWAG VENTURES INC. hereby acknowledge Artist shall be solely responsible for and shall pay all taxes in respect of Artist's income and engagement hereunder, and that WAMI SWAG VENTURES INC. will make payments to Artist as a 1099 independent contractor and not as a W-2 employee. Nothing herein shall be construed as giving Artist 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/ARTIST 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/ARTIST'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/ARTIST'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/ARTISTS 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/ARTIST 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/ARTIST'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.
User/Artist 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/Artist. To the extent permitted under applicable law, User's/Artist'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/Artist and WAMI SWAG VENTURES INC. agree that these Terms of Service and User's/Artist'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/Artist 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/Artist's use of the website and/or Services, that User/Artist 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/Artist 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/Artist and WAMI SWAG VENTURES INC. agree that in the event of any lawsuit arising from these Terms of Service and User's/Artist'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.
13. Updates to Terms of Service.
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/Artists 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