Terms of Service
We would like to thank WordPress.com for making their Terms of Service available under a Creative Commons Sharealike license. Under those terms, we would also like to make our Terms of Service under a Creative Commons Sharealike license meaning you are allowed to modify and repurpose it for your own use provided that the references to this site are changed to accommodate yours.
The following terms and conditions govern all use of the OverPower.ca website and all content, services and products available at or through the website. The website is owned and operated by Jack Truong (the “creator” and “maintainer”). The website is offered subject to Your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this website (collectively, the "agreement").
Please read this agreement carefully before accessing or using the website. By accessing or using any part of the website, You agree to become bound by the terms and conditions of this agreement. If You do not agree to all of the terms and conditions of this agreement, then You may not access the website or use any services.
- Us. We, the creators and maintainers of OverPower.ca run a fan site ("website") for the collectible card game OverPower. We are not affiliated with Fleer, Marvel Entertainment, DC Comics, Image Comics or any other companies. All characters depicted on images found on this site are trademarks of their respective owners. The images of cards are provided as a reference and the copyrights and trademarks belong to their respective owners. We do not profit from any part of the website at all. Any sales through this website (including use of images to aid in the sale) belong to the parties involved in the transaction. We are not responsible for any loss from the transactions on this website. Transactions are exclusively the responsibilities of the parties involved.
- You. If You create an account on the website, You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account. The creator will not be liable for any acts of omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You may not create more than one account for the purpose of trickery and/or misrepresentation. You may use images provided on this website for inclusion on Your personal websites, eBay auctions and similar websites provided You link back to this website (www.overpower.ca). When posting images to any affiliated communities (found in the "Community" section) such a link is not required.
- Us and You. The information collected on this website is collected for the purpose of verifying, identifying, and authenticating You for activities on this website. We will NEVER share the information collected from You to any third parties without Your explicit consent.
- We collect a username from You for the purposes of authenticating You for this website.
- We collect a display name from You for the purposes of identifying You to other persons on this website.
- We collect an e-mail address from You for the purposes of verifying You as well as sending relevant information regarding the website.
- We, optionally, collect a hometown from You for the purposes of locating You as candidates to join our events. (You are not obligated to provide a hometown and are not obligated to maintain the hometown on a regular basis.)
- We do not store Your actual password on this site, Your password is stored temporarily in a computer program and immediately cryptographically translated using "SHA-256" (the "hash") and stored in our database for the purposes of authentication. The hash cannot be recovered from any parties within a reasonable amount of time.
- We collect and store Your IP Address for the purposes of identifying You only at the point of registration and login to our website. We store a browser cookie on Your computer for the purpose of identifying You at the point of registration as well as identifying You when You wish be identified and authenticated upon a return visit to the website. You may wish to opt out of storing the cookie when being identified and authenticated upon a return visit.
- Events. We are only responsible for advertising the events on the website. You are responsible for anything that happens at that event. You attend events at Your own risk. You are not obligated to attend any events that are advertised on this website. All money collected at events are NOT to be collected for profit. Money collected at events should resolve the balance of any venue fees, prizes and any promotional items at the current event or past events. Money cannot be collected for future events. Money collected is the responsibility of the event creator. You must fully disclose all relevant information when, if given the privilege, posting events for members of this website. You must always provide the most up-to-date information regarding any event and inform the maintainer if there is significant information to tell members attending the event.
- Responsibility of Contributors. If You post content to this website, You are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, computer software, or videos. By making content available, You represent and warrant that:
- the content is related in nature to the OverPower collectible card game;
- the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party unless that content falls under a fair use condition;
- the content does not contain or install any viruses, works, malware, Trojan horses or other harmful or destructive content;
- the content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- Responsibilities of the Creators and Maintainers. The creators and maintainers will maintain security on this website and will notify all users of this website of any breach of security. There will be regular backups of the information posted on the website in the event of system failure. Most content will be reviewed before being made public on the website. The creators and maintainers cannot guarantee that there will be no harmful content but they will do their best. There will not be any third-party advertisements on the website, except in the "Links" sections of the website.
- Changes. The creators and maintainers reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is Your responsibility to check this agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this agreement constitutes acceptance of those changes.
- Disclaimer of Warranties. The website is provided "as is". The creator hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. The creator does not make any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or service through, the website at Your own discretion and risk.
- Limitation of Liability. In no event will the creators or maintainers be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. The creators and maintainers shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) Your use of the website will be in strict accordance with this agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside) and (ii) Your use of the website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless the creators and maintainers from and against any and all claims and expenses, including attorneys’ fees, arising out of Your use of the website, including but not limited to Your violation of this agreement.
- Miscellaneous. This agreement constitutes the entire agreement between Us and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the creators, or by the posting by the creators of a revised version. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of the website will be governed by the laws of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincal courts located in Toronto, Ontario. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign Your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the creators may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.