This is an agreement between you (the Customer) and us (Covenant TCG Inc.). It describes the services we will provide to you and other aspects of our relationship. It is a legal document so some of the language is necessarily ‘legalese’, but we have tried to make it as readable as possible. These terms are so important though that we cannot provide these services unless you agree to them. BY using the Team Covenant website, you are agreeing to these terms. Please read carefully.
These terms were last updated on October 20th, 2014.
“Agreement” means these User Terms of Service and all materials referred or linked to in here.
“Confidential Information” means all information provided by you or us (“Discloser”) to the other (“Receiver”), whether orally or in writing that is designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the Discloser.
“Covenant Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Team Covenant websites.
“Sensitive Information” means credit or debit card numbers; personal financial account information; Social Security numbers; passport numbers; driver’s license numbers or similar identifiers; racial or ethnic origin; physical or mental health condition or information; or other employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as the Health Insurance Portability and Accountability Act and the Payment Card Industry Data Security Standards.
“Third-Party Sites” means third-party websites linked from within the Subscription Service or utilized to fulfill your subscription services.
“Users” means you or anyone with access and permission to modify your account.
“We”, “us”, “our”, or “Team Covenant” means Covenant TCG Inc.
“You”, “your”, or “Customer” means the person or entity using the website.
2. Team Covenant Account
By creating an account on TeamCovenant.com, you agree that the below conditions are fully met:
- You are at least 13 years of age (or you have your parents permission to access this site)
- You are responsible for any activity that occurs under your account (you are responsible for keeping your password protected)
- You will not abuse, flame, harass, threaten, impersonate, or intimidate other Team Covenant members
- You may not use the Team Covenant site for illegal or unauthorized purposes. You agree to comply with all local and United States laws regarding online conduct and acceptable content
- You are completely and solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio clips, video clips, and links that you submit, post, and display on the Team Covenant website
- You will not modify, adapt, or hack the Team Covenant site or modify another website so as to falsely imply that it is associated with Covenant TCG Inc. or Team Covenant
- You will not create or submit unwanted email (aka spam) to any Team Covenant users
- You will not transmit any worms, viruses, or code of destructive nature through Team Covenant
- You must not violate any laws in your jurisdiction when using the Team Covenant site, including copyright laws
- Violation of any of the above will result in the immediate termination of your Team Covenant account. Team Covenant prohibits such conduct and content, but you understand and agree that Team Covenant is not and cannot be responsible for the content posted to it’s website and you nonetheless may be exposed to such materials and that you use the Team Covenant website at your own risk
- You will not post blogs with the sole purpose of selling items (eBay auctions, “PM if interested”, etc). This form of communication is permitted via status updates.
General Conditions of Covenant TCG Inc, aka Team Covenant
- Covenant TCG Inc. reserves the right to modify or terminate the Team Covenant website for any reason without notice at any time
- Covenant TCG Inc. reserves the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time
- Covenant TCG Inc. may remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violate any party’s intellectual property or these terms of service
- Covenant TCG Inc. claims no intellectual property rights over the material that you provide and create on the Team Covenant website. Your profile and materials uploaded or created are yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored on the Team Covenant website.
- Covenant TCG Inc. may use material created by users for promotional and commercial reasons as long as the original work is credited to the author.
- Covenant TCG Inc. encourages users to contribute their creations to the public domain or consider progressive licensing terms
- Covenant TCG Inc. undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please send an email to email@example.com and include a description of the copyrighted work claimed to have been infringed, a description of the infringing material and information reasonably sufficient to permit Covenant TCG Inc. to locate the material, your contact information, a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and a statement that the information in the notification is accurate and under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
- By placing an order on the Team Covenant website, you give permission to Covenant TCG Inc. to email you about changes, improvements, or other relevant info regarding those products.
Covenant TCG Inc. shall be entitled to use material created by users for any type of use forever including in any media whether now known or later devised. You hereby expressly grant to Covenant TCG Inc. a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
3. Customer Service
a. Customer Support. We do not promise or guarantee any specific response time, but you can email us at firstname.lastname@example.org or call us at 918.409.0491 if you have any issues or questions and we will assist you as fast as we feasibly can.
b. Shipping and Delivery. Orders placed on the Team Covenant website will typically ship within one (1) business day, but may occasionally be affected by logistical limitations by Team Covenant. This does not include any subscription services or pre-orders (see below). Orders are typically delivered within two to four (2-4) business days after domestic shipment, and within four (4) weeks for international customers. Team Covenant uses a third-party, the United Stats Postal Service (USPS), to ship all orders. Therefore, Team Covenant will not assume responsibility for any lost, late, or otherwise missing packages shipped through this third-party service. If the user would like to protect against lost or damaged packages, we highly encourage choosing a Priority Shipping method at checkout. See ‘h’ below for more information on how we handle Lost and Damaged shipments.
c. Order Tracking and Insurance. First-Class domestic shipping methods do come with tracking, but do not come with insurance. If you would like to track and insure your package, please select a Priority Mail shipping option at checkout. First-Class International shipping tracking only works for Canada, all other nations will lose tracking functionality as the package leaves the United States. Priority International shipping does come with fully functional tracking to any destination and a limited about of insurance, typically in an amount less than the order’s value. If you would like to request more, the user is obliged to contact Team Covenant to arrange their personal specifics.
d. Pre-orders. Team Covenant offers items labeled as “***PRE-ORDER***” through their web store. These items are always denoted as such in the title of the product. Team Covenant does everything it can to ensure a products delivery as soon as it’s available, but cannot be help responsible for conditions outside its control, such as allocation of supply, changes in release date, or pricing between the point of order and release, all of which you release Covenant TCG Inc. from being held accountable. You will be notified via email when a pre-order item ships. In the event that a delay has occurred with a pre-order product, or an unforeseen issue with our available supplies upon release, you will be notified. Please note that if you pre-order multiple items, they may not all be available at the same time, or in the full volume that you ordered. We will email you to confirm how you want your order shipped as is necessary. If you decided to have pre-order items shipped as they become available, you will likely incur additional shipping charges for multiple shipments. Refunds are not given for Pre-order items when within 30-60 days of their estimated release date.
e. Returns and Replacements. If you have received the wrong items, your shipment was damaged, lost, or if you made the incorrect purchase, please contact us immediately. We will work with you to resolve the situation under these terms of service.
f. Refunds. If you have been overcharged or we erred in such a way that you believe requires a refund, please contact us immediately. We will work with you to resolve the situation under these terms of service.
g. Order Notifications. You will be notified via email whenever you have an order that has been shipped.
h. Lost or Damaged Shipments. Team Covenant uses a third party (USPS) for the shipping and delivery of all online orders. From time to time, orders are either lost or damaged in the mail.
When this occurs, customers that chose a shipping option that included insurance (Priority mail through USPS) have the option to be resent their entire order at a 50% discount and less the amount of insurance on the package. The insurance typically covers most if not all of the cost of replacement. On these orders with insurance, Covenant covers the cost of additional shipping.
For orders that were placed using a shipping option without insurance (First-Class options through USPS), Covenant will resend the entire order at a 50% discount on the total of the order. Team Covenant will also cover the additional cost of shipping the replacement order.
Please note that we will allow a thirty (30) day window on insured packages to arrive to the customer or be returned to Covenant before sending a replacement. On packages that were not insured, we allow a sixty (60) day window on packages to arrive to the customer or be returned to Covenant before sending a replacement.
a. Payment by credit card. If you are paying by credit card, you authorize us to charge your credit card for the total amount of your order plus the shipping you chose. You further authorize us to use a third party to process payments and consent to the disclosure of your payment information to such third party.
5. User Data
a. Limits on Team Covenant. We will not use, or allow anyone else to use, User Data to contact any individual or company except as you direct. We will use User Data only in order to provide Service and only as permitted by applicable law and this Agreement.
b. Aggregate Data. We may monitor use of the Team Covenant website by all of our users and use the data gathered in an aggregate and anonymous manner. You agree that we may use and publish such information, provided that such information does not incorporate any User Data and/or identify you.
c. Safeguards. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect User Data. You consent to the processing of User Data in the United States.
d. User Privacy. We take privacy and security very seriously and will never sell, distribute, or market any data used in from the Team Covenant website. By placing using our services or placing an order on our website, you give us permission to email you about changes, improvements, or other relevant info regarding those products or services.
a. Amendment; No Waiver. We may update and change any part or all of these Terms of Service, including the fees and charges associated with the use of the Subscription Service. If we update or change these User Terms of Service, the updated User Terms of Service will be posted at http://teamcovenant.com/terms-of-service and we will let you know through the email you have on your account at TeamCovenant.com. The updated User Terms of Service will become effective and binding on the next business day after it is posted. When we change these User Terms of Service, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review these User Terms of Service periodically.
If you do not agree with a modification to the User Terms of Service, you will immediately unsubscribe from our Subscription Service. If you give us this notice, your subscription will continue to be governed by the terms and conditions of the User Terms of Service prior to modification for the remainder of your current term. Upon renewal, the User Terms of Service published by us on our website will apply.
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
b. Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
c. Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
d. Relationship of the Parties. You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.
e. Compliance with Laws. We will comply with all U.S. state and federal laws in our provision of the Subscription Service, the Consulting Services and our processing of User Data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all laws in your use of the Subscription Service and Consulting Services, including any applicable export laws. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Subscription Service or Consulting Services to prohibited countries or individuals or permit use of the Subscription Service or Consulting Services by prohibited countries or individuals.
f. Severability. If any part of this Agreement or an Order Form is determined to be invalid or unenforceable by applicable law, 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 this Agreement will continue in effect.
g. Notices. Notice will be sent to the contact email address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt.
To Covenant TCG, Inc. or 1660 E 71st St Suite D Tulsa, OK 74136
We may give electronic notices by general notice via email to your e-mail address(es) on record in our account information for you.
i. Assignment. You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent, which will not be unreasonably withheld. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
j. Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
k. Governing Law. This agreement, and all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of the State of Oklahoma. The partiers herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Tulsa County, State of Oklahoma. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party’s reasonable attorney’s fees, courts costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled.