These terms were last updated on May 8th, 2019.
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 necessary ‘legalese’, but we have tried to make it as readable as possible. These terms are so important that we cannot provide our services unless you agree to them. By using our Platform, you are agreeing to these terms. Please read them carefully.
“Agreement” means these User Terms of Service and all materials referred or linked to in these terms.
“You”, “your”, or “Customer” means the person or entity using the website.
“User” means you or anyone with access and permission to modify your account.
“Subscriber” means a User (defined above) that has signed up for a Subscription Service (defined below).
“Subscription Service” means any of our products or services that you can sign up for to automatically be charged for, shipped, and delivered specific products as they are released.
“Subscription Term” means the time from which you signed up for a subscription to the time you unsubscribed.
“We”, “us”, or “our” means Covenant TCG Inc.
“Confidential Information” means all information provided by you to us, 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 you or (ii) was known to the us before receipt from you.
“Covenant Content” or “Our Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that are incorporated into our Platform.
“Platform” means any website, application, or service that we offer.
“Other Users” means anyone other than you that uses or accesses our Platform.
“Your Content” means any information, material, or other content posted to our Platform.
“Sensitive Information” means credit or debit card numbers; personal financial account information; 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 any third-party website or service that is used to provide our entire Platform experience.
“Order” refers to a transaction in which you purchase goods or services from us.
2. General Conditions
By creating an account, you agree that the below conditions are fully met:
- You are creating this account for yourself.
- You are at least 13 years of age or you have your parents permission to access our Platform.
- You are responsible for any activity that occurs under your account.
- You are responsible for protecting your password.
- You will not abuse, flame, harass, threaten, impersonate, or intimidate Other Users.
- You will not use our Platform 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 our Platform.
- You will not modify, adapt, or hack our Platform or modify another website so as to falsely imply that it is associated with us.
- You will not create or submit unwanted email (aka spam) to Other Users.
- You will not transmit any worms, viruses, or code of destructive nature through our Platform.
- You will not violate any laws in your jurisdiction when using our Platform, including copyright laws.
- You will not post content with the sole purpose of selling items (eBay auctions, “PM if interested”, etc) or marketing a product or service (kickstarter campaign, web store, ebay store, etc.).
- You give us permission to email you from time to time about videos, blogs, other content, and products related to the pages you visit and products or services you purchase on our website.
- You give us permission to email you about changes, improvements, additions, or other relevant info regarding products you have ordered or Subscription Services for which you are a Subscriber.
- You agree that if you see content that violates these Terms of Service, you will report it to us immediately through our contact form.
- You agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of our Platform, including any data, or content of others. Our Platform contains proprietary and confidential information and is protected by intellectual property laws.
- You agree to release us and our third-party partners from claims, demands, and damages (direct or consequential) of every kind and nature, known and unknown, now and in the future arising out of or in any way connected with any transaction with a third party, your interactions with other users, or in connection with our Platform. You waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
- Violation of any of the above will result in the immediate termination of your account on our Platform. We prohibit such conduct and content, but you understand and agree that we are not and cannot be responsible for the content posted to our website and you nonetheless may be exposed to such materials and that you use our Platform at your own risk.
We maintain the following rights:
- We reserve the right to modify or terminate our Platform, in part or in whole, for any reason without notice at any time.
- We reserve reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
- We 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.
- We claim no intellectual property rights over the material you provide or create on our Platform. 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 our Platform.
- We undertake 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 use our contact form 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.
- We reserve the right to use material created by you on our Platform, now and forever, in any way, including in any media whether now known or later devised. You hereby expressly grant to us 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.
- We are not responsible for the communication or actions of Other Users. Our Platform can be used to communicate with Other Users. This could include but is not limited to digital communication in which you share your location, schedule meetups in the real world, or arrange a transaction with Other Users. We cannot control what happens in the real world and we are not responsible for it. We recommend using caution, good judgement, and common sense when interacting with Other Users.
You and Other Users can use our Platform to place an Order. By placing an Order on our Platform, you agree that you understand the following conditions and terms.
a. Customer Support. While we do not promise or guarantee specific response times, we respond to customer requests as fast as we can. Our response times are typically less than one (1) business day. If you have questions or concerns, contact us via our contact form.
b. Shipment. Orders placed that do not contain items labeled Pre-Order (see ‘e’ below for more information about pre-orders) ship within one (1) business day. Very rarely, this timeline can be affected by logistical limitations. In the event that shipment will occur more than two (2) business days after payment on an order without any pre-order items, you will be notified of the projected shipping timeline and given the option to cancel your order and get a full refund.
c. Delivery. We use a third-party, the United States Postal Service (USPS), to ship all orders. We do not assume responsibility for any damaged, lost, late, or otherwise missing packages shipped through this third-party service. See ‘d’ below for more information on how we handle Lost and Damaged shipments. Orders are typically delivered within two to four (2-4) business days for domestic (U.S.) shipments and within two to four (2-4) weeks for international shipments. All time frames relating to delivery times are given by our shipping providers and are estimates, not guarantees.
d. Insurance. First-Class shipping methods come with tracking, but do not come with insurance. Domestic Priority Shipping covers up to $100 in losses and damages. Priority International shipping does come with fully functional tracking to any destination but only a limited about of insurance, in an amount that is a fraction of the order’s value. If you would like to additional insurance, contact us to arrange this before ordering.
Uninsured orders do not come with insurance so refunds, replacements, and cancellations cannot be offered. Under-insured orders will only be eligible for the amount of insurance offered through the shipping method. Covenant will not cover any difference between shipping insurance and the value of shipped goods in the event of loss or damage. Additional insurance is available upon request. Orders marked as delivered through their tracking are considered fulfilled and insurance or other services provided will not be available with the exception of goods having been damaged in shipment.
e. Pre-orders. We offer items on our Platform labeled as Pre-Order. These items are denoted as such in the title of the product. If an order contains a “Pre-Order” product, it will not ship until all products in your order are available. If you would like to have separate shipments after placing an order, email us. We will bill you for additional shipments and have available items sent before the rest of the pre-order. We will always do everything we can to ensure timely delivery of your pre-order items. Items listed as a “Pre-Order” are available for modification, cancellation, or refund, either in whole or in part, once submitted, but on a limited basis. Items listed as a “Secure Pre-Order” are not available for modification or cancellation, or refund, either in whole or in part, once submitted. Contact us and we will work with you to accommodate your request as best we can.
f. Returns, Refunds, and Exchanges. 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 quickly under these terms of service. All returns, exchanges, corrections, refunds, or any service to an order are at our sole discretion and must be made within 30 days of the date of order delivery to be considered.
Covenant Products, including token sets, templates, and other peripherals, can only be returned, refunded, or exchanged if they are unused and have their protective covering unpeeled and in their original condition.
Sealed third party products can be returned as long as they are still unopened and in their original packaging fit for resale. Singles, or individual components of larger releases for collectible card game sets, are not eligible for returns, refunds, or exchanges and all sales are considered final.
g. Erroneous Charges. If you have been overcharged, please contact us immediately and no later than 30-days from when the charge occurred. We will work with you to resolve the situation under these terms of service. Additionally, you authorize us to charge your account the adjusted amount if you were under-charged (as determinable by the conventions of sale, MSRP, etc.) for goods or services.
h. Notifications. You will be notified via email whenever your Order is placed and when it is shipped. Your shipping notification will include tracking.
i. Events. All online event registrations are non-cancellable and non-refundable. We do not refund or transfer event tickets for any reason. We use proof of purchase at the time of on site registration, so you may give your proof of purchase (typically your email confirmation) to someone else for use at on-site registration. Attendance is mandatory for prizes and promotional materials and we do not hold or mail any such items.
j. Chargeback Claims. If you submit or threaten a chargeback claim on any order, we reserve the right to hold any pending orders until that dispute is resolved.
k. Product Holds, Pickups. If you designate an order or subscription to be held or picked up at Covenant Tulsa it will be held for 10 days. You authorize us to charge your account after that time for postage and processing of those goods to your mailing address on file. Orders that can not be shipped will be canceled and refunded.
l. Covenant Concierge. Orders placed through the Covenant Concierge service will adhere to all conventions, terms, and stipulations that are disclosed within the Ordering section of this Terms of Service.
a. Credit cards. 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 method that you chose. You further authorize us to use a third party to process payments and consent to the disclosure of your payment information to said third party.
b. Subscriptions. You authorize us to charge the primary credit card on your account for all products for which you are a Subscriber up to three (3) weeks prior to release. Subscription charges will remain fixed during the Subscription Term unless (i) the cost of the product substantially changes or (ii) the cost of delivery substantially changes. In the event that the subscription fees change, you will be notified via email at least seven (7) business days prior to the change. You further authorize us to use a third party to process payments, store card information, and consent to the disclosure of your payment information to such third party.
c. Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.
d. Covenant Concierge. You authorize us to charge the primary credit card on your account for all products and services relating to an order placed through the Covenant Concierge service.
5. Subscription Service
a. Access. During the Subscription Term, we will provide you access to use the Subscription Service as described in this Agreement.
b. Modifications. We modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience. But we will not make changes to the Subscription Service that materially reduce the functionality of the Subscription Service provided to you during the Subscription Term. We might provide some or all elements of the Subscription Service through third party service providers.
c. Additional Features. You may subscribe to additional products of the Subscription Service by signing up for additional subscriptions.
d. Subscription Term. The subscription term shall begin on the effective date of your Subscription and expire only when you unsubscribe. The Subscription Term will end when you cancel your subscription or if your credit card declines and you fail to update your payment information in a timely manner.
e. Customer Responsibilities. You will keep your contact and shipping information, billing information and credit card information (where applicable) up to date. Changes to your subscription or its related parts cannot be made after a charge has occurred. Changes may be made on the subscription page on our Platform any time prior to a charge. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term. If you receive a failed charge notification, it is your responsibility to update your payment information in a timely manner or risk the forfeiture of the item(s) in question as well as the subscription itself.
6. User Data
a. Limits on our Platform. 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 or improve the service of our Platform and only as permitted by applicable law and this Agreement.
b. Aggregate Data. We may monitor use of our Platform by all of our users. We may 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 created from your use of our Platform. By 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.
7. Third-Party Services
a. Use. We use a number of third party services in the delivery of our website, products, and services. You consent to us sharing any information you provide with these services.
b. Responsibility. We are very careful in choosing which services we rely on, but we are not responsible for how these services operate or control information.
c. Subscription Releases. We are not responsible for the timing and release of the products for which we offer a Subscription Service.
8. Termination, Suspension and Expiration
a. Termination. Either party may terminate this Agreement at any time. The customer may simply change their subscription settings and unsubscribe to any service at any time. Covenant may cancel a subscription or stop offering service at any time and will notify the customer should this occur.
b. Suspension for Non-Payment. We may suspend your Subscription Service if you fail to update your payment information upon it declining to process. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
c. Effect of Termination or Expiration. Upon termination or expiration of this Agreement, we will immediately stop charging your account for new releases. If your account has already been charged, this is non-refundable and we will deliver the agreed upon products.
9. Other Terms
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. 8156 S. Lewis AVE STE D, Tulsa, OK 74137
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 parties 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.
L. Indemnification. You agree to indemnify, defend and hold all Meetup Parties harmless from any claims, made by any third party to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in an event that violates this Agreement. You agree to promptly notify us of any third party claims, cooperate with all all our defending parties in defending such claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without prior written consent.