Terms of Service

This “Terms of Service” (referred to below as “TOS”) describes the manner in which we make the WAMI Swag service and products (the “Site”) available to you through our websites and other services. In this TOS, “we” and “us” means WAMI Swag Ventures, Inc. ("WAMI Swag"), and “you” means the person using the Site. “Both of us” or “Either of us” means both or either of you or us. Read this TOS carefully. By using the Site, including but not limited to: account creation, voting, shopping, or submission of any product, design, photograph, image or any other files, material or information (collectively "Content"), you hereby agree to the Terms of Service provided herein.

In order to access some features of the Site, you will have to create an account. When creating an account, you agree to provide true, current, accurate and complete information. You shall not use another Shop Owner's/User's account without permission. By creating an account, you represents that you are of legal age to form a binding contract and are not a person barred by any laws from using the Site and/or Services. Each user of the Site is solely responsible for the activity that occurs on their account.

The ideas, suggestions, opinions, messages, and other user submitted Content (all of which are referred to as "User Submissions") are not endorsed by WAMI Swag, and we make no guarantee regarding the reliability, accuracy, nature, origin, or quality of any User Submission that is posted on the Site. You acknowledge that You will evaluate and bear any risks related to Your User Submission, or Your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Site are the sole responsibility of the person who originally posted the User Submission, and Your sole recourse for any damage You may suffer as a result of any User Submission, or any portion thereof, shall be to such individual, and not WAMI Swag.

By posting a User Submission to the Site, You represent that: (i) You are the owner of the User Submission; or (ii) you have the right and license to use the User Submission; or (iii) the User Submission is in the public domain; or (iv) to Your knowledge, no one else claims ownership of, or exclusive rights to, the User Submission; and (v) You have the legal right to grant a license to WAMI Swag to use the User Submission.

You hereby grant WAMI Swag a worldwide, non-exclusive, royalty-free right and license to use, reproduce, distribute, prepare derivative works of, and display the User Submission (and derivative works thereof) in any media now known or hereafter developed.

You agree to adhere to generally accepted rules of etiquette and standards of behavior regarding the Content submitted, which shall include, but is not limited to, not submitting any Content containing sexual content, hate speech, racism, violence, defamation, or libel.

WAMI Swag expressly disclaims any and all liability in connection with User Submissions and reserves the right to remove any User Submission at its sole discretion and without prior notice.

We provide our users the means to earn money from their Artwork by making it immediately available for sale on a variety of products - without giving up control of their rights. You retain all of Your ownership rights, including all copyright and other intellectual property rights, in the Artwork you submit to the Site.

With respect to Artwork displayed by you in your Swag Shop, it will be sold according to your specifications and via the Site only. Artwork displayed in a Swag Shop will not be distributed to third party retailers or distributors for further sale or distribution, unless otherwise agreed by you and WAMI Swag.

With the exception of Artwork submitted through design tournaments or other promotions (collectively, "Promotions"), you may delete your Artwork from the Site at any time, but due to caching and other technical issues, it may take a number of days for it to be completely removed from the Site. Upon the removal of Artwork by you, or by us, the licenses above will terminate, except that, to the extent any Artwork has been incorporated into merchandise purchased and/or manufactured by WAMI Swag prior to your removal, we may sell-through all such merchandise until it is depleted. The terms regarding payment to Artists apply to such sales. WAMI Swag may also continue to use your Artwork in marketing and promotional materials if such materials were created prior to Your removal of the Artwork from the Site. For Artwork submitted through a Promotion, such as an ongoing design tournament, please contact us ([email protected]).

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.

WAMI SWAG VENTURES INC. details in its Privacy Policy how a User of its Service and/or User's/Shop Owner's information is used when you use its Services. By using the Services and submitting any Artwork, User/Shop Owner also agrees that WAMI SWAG VENTURES INC. can collect and process their information as set forth in the Privacy Policy.

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.

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.

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.

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.

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.

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.

WAMI SWAG VENTURES INC. may, in its sole discretion and without prior notice, immediately suspend, disable, or terminate any User/Shop Owner account, with or without cause. Notwithstanding the foregoing, cause for such termination shall include, but not be limited to: (i) breaches or violations of the Terms of Use (including the Additional Policies); (ii) requests by rights holders, law enforcement, or other government agencies; (iii) a Users/Shop Owners request to terminate; (iv) discontinuance or material modification to the Services (or any part thereof); (v) extended periods of inactivity; (vi) User/Shop Owner engagement in fraudulent or illegal activities, or discrimination, harassment, violence, or threatening behavior of any kind; and/or (vii) nonpayment of any fees owed by User/Shop Owner in connection with the Services. Termination of an account may include: (i) barring of access and/or right to use the website and/or Services, either temporarily or permanently; and (ii) deletion of all information, files and materials, and/or submissions on User/Shop Owner’s account. User/Shop Owner agrees that WAMI SWAG VENTURES INC. shall not be liable to User/Shop Owner or any third party for any termination of User's/Shop Owner's account or access to the website and/or Services. WAMI SWAG VENTURES INC. shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of User's/Shop Owner's access to the website and/or Services or User's/Shop Owner's account.

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.

WAMI SWAG VENTURES INC. may be contacted at any time regarding the Terms and Conditions at PO Box 104 Frankfort, IL 60423-0104