Magnus Warrior - Terms of Service
1. ACCEPTANCE OF TERMS
Magnus Fantasy Sports LLC, d.b.a. Magnus WarriorTM ("MagWar"TM) welcomes you. MagWar provides the services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://www.magwar.com/content/pages/Legal. By accessing and using MagWar, you accept and agree to be bound by the terms and provisions of the TOS. In addition, when using MagWar owned or operated services, you and MagWar shall be subject to any posted guidelines and/or rules applicable to such services, which may be posted and modified from time to time. All such guidelines and/or rules are hereby incorporated by reference into the TOS. MagWar may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
2. DESCRIPTION OF MAGWAR SERVICES
MagWar provides users with access to a collection of resources, including without limitation the Magnus Warrior fantasy MMA game, MagWar league Message Boards, mixed martial arts (“MMA”) news and information, and online shopping tools which may be accessed through any various medium or device now known or hereafter developed (the "MagWar Services"). You also understand and agree that the MagWar Services may include advertisements. You also understand and agree that the MagWar Services may include certain communications from MagWar, such as but not limited to, service announcements, administrative messages, etc., and that these communications are considered part of MagWar membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current MagWar Services, including but not limited to, the release of new MagWar properties, shall be subject to the TOS. You understand and agree that the MagWar Services is provided as is and that MagWar assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications and/or personalization settings. You are responsible for obtaining access to the MagWar Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the MagWar Services.
You understand that the technical processing and transmission of the MagWar Services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the MagWar Services, you represent that you are at least 16 years of age and are not a person barred from receiving the MagWar Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the MagWar Services registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MagWar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MagWar has the right to suspend or terminate your account and refuse any and all current or future use of the MagWar Services (or any portion thereof) without reimbursement for upfront league or other MagWar fees you may have previously paid.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the MagWar Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MagWar of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MagWar will not be liable for any loss and/or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not MagWar, are entirely responsible for all Content that you upload, post, email, transmit and/or otherwise make available via the MagWar Services. MagWar does not exclusively control the Content posted via the MagWar Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the MagWar Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MagWar be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the MagWar Services.
You agree to not use the MagWar Services to:
a. upload, post, email, transmit, and/or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a MagWar official, forum leader, guide or host, and/or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the MagWar Service;
e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the MagWar Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the MagWar Services or servers or networks connected to the MagWar Services, or disobey any requirements, procedures, policies or regulations of networks connected to the MagWar Services, including using any device, software or routine to bypass robot exclusion headers;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that MagWar may or may not pre-screen Content, but that MagWar and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the MagWar Services. Without limiting the foregoing, MagWar and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MagWar or submitted to MagWar, including without limitation information in MagWar Message Boards and in all other parts of the MagWar Services.
You acknowledge, consent and agree that MagWar may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of MagWar, its users and the public.
You understand that the MagWar Services and software embodied within the MagWar Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by MagWar and/or content providers who provide content to the MagWar Services. You may not attempt to override or circumvent any of the usage rules embedded into the MagWar Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the MagWar Services, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON MAGWAR NETWORK
When you register with MagWar, you acknowledge that in using the MagWar Services to send electronic communications (including but not limited to email, search queries, uploading photos and files, and other Internet activities), you will be causing communications to be sent through MagWar's computer networks, portions of which are located in California, and other locations in the United States. As a result, and also as a result of MagWar's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the MagWar Services and transfer, posting and uploading of software, technology, and other technical data via the MagWar Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the MagWar Services to export-prohibited parties or countries; and (c) will not transfer, upload, or post via the MagWar Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE MAGWAR SERVICES
With respect to Content you submit or make available for inclusion on publicly accessible areas of the MagWar Services, you grant MagWar the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of MagWar Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the MagWar Services.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the MagWar Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the MagWar Services solely for the purpose for which such Content was submitted or made available.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the MagWar Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the MagWar Services are those areas of the MagWar properties that are intended by MagWar to be available to the general public. By way of example, publicly accessible areas of the MagWar Services would include, but are not limited to, MagWar Message Boards and My Team pages.
10. CONTRIBUTIONS TO MAGWAR
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to MagWar, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) MagWar is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) MagWar shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) MagWar may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of MagWar without any obligation of MagWar to you; and (f) you are not entitled to any compensation or reimbursement of any kind from MagWar under any circumstances.
You agree to indemnify and hold MagWar and its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify and/or otherwise make available through the MagWar Services, your use of the MagWar Services, your connection to the MagWar Services, your violation of the TOS, or your violation of any rights of another.
12. NO COMMERCIAL REUSE OF MAGWAR SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell and/or exploit for any commercial purposes, any portion or use of, or access to, the MagWar Services (including but not limited to: Content, advertisements, Software and your MagWar ID).
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MagWar may establish general practices and limits concerning use of the MagWar Services, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the MagWar Services, the maximum disk space that will be allotted on MagWar's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the MagWar Services in a given period of time. You agree that MagWar has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the MagWar Services. You acknowledge that MagWar reserves the right to log off accounts that are inactive. You further acknowledge that MagWar reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO MAGWAR SERVICES
MagWar reserves the right at any time to modify and/or discontinue, temporarily or permanently, the MagWar Services (or any part thereof) with or without notice. You agree that MagWar shall not be liable to you or to any third party for any modification, suspension or discontinuance of the MagWar Services (or any part thereof).
You may terminate your MagWar account, any associated email address and access to the MagWar Services by submitting such termination request to MagWar.
You agree that MagWar may, without prior notice, immediately terminate, limit your access to or suspend your MagWar account, any associated email address, and access to the MagWar Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the MagWar Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the MagWar Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in MagWar's sole discretion and that MagWar shall not be liable to you or any third party for any termination of your account, any associated email address, and/or access to the MagWar Services.
Termination of your MagWar account includes but is not limited to, the following: (a) removal of access to all or part of the offerings within the MagWar Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the MagWar Services.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the MagWar Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MagWar shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the MagWar Services.
The MagWar Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that MagWar is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MagWar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. MAGWAR'S PROPRIETARY RIGHTS
You acknowledge and agree that the MagWar Services and any necessary software used in connection with the MagWar Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the MagWar Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by MagWar or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform and/or create derivative works based on the MagWar Services, such Content or the Software, in whole or in part.
MagWar grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble and/or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the MagWar Services. You agree not to access the MagWar Services by any means other than through the interface that is provided by MagWar for use in accessing the MagWar Services.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE MAGWAR SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE MAGWAR SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MAGWAR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MAGWAR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE MAGWAR SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE MAGWAR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MAGWAR SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MAGWAR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MAGWAR SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAGWAR OR THROUGH OR FROM THE MAGWAR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE MAGWAR SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE MAGWAR SERVICE. IMMEDIATELY DISCONTINUE USE OF THE MAGWAR SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE MAGWAR SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAGWAR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAGWAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE MAGWAR SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MAGWAR SERVICE; AND/ OR (e) ANY OTHER MATTER RELATING TO THE MAGWAR SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOUR JURISDICTION EXCLUDES ANY WARRANTIES, OTHER WARRANTIES NOT EXCLUDED ARE STILL APPLICABLE.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
MagWar may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the MagWar Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the MagWar Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the MagWar Services in an authorized manner.
24. TRADEMARK INFORMATION
You agree that all of MagWar’s trademarks, trade names, service marks and/or other MagWar logos and brand features, and product and service names are trademarks and the property of MagWar. (the "MagWar Marks"). You agree not to display and/or use in any manner the MagWar Marks, without MagWar's prior permission.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
MagWar respects the intellectual property of others, and we ask our users to do the same. MagWar may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MagWar the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
For Notice of claims of copyright or other intellectual property infringement, MagWar can be reached as follows:
By email: firstname.lastname@example.org
26. GENERAL INFORMATION - ENTIRE AGREEMENT
The TOS constitutes the entire agreement between you and MagWar and governs your use of the MagWar Services, superseding any prior version of this TOS between you and MagWar with respect to the MagWar Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MagWar services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and MagWar each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and MagWar, shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Southern District of California. You and MagWar agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California or the Southern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of MagWar to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. If a provision is found to be invalid by a court of competent jurisdiction, that provision shall be struck but will have no effect on the remaining valid provisions.
No Right of Survivorship and Non-Transferability. You agree that your MagWar account is non-transferable and any rights to your MagWar ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our group by emailing email@example.com.