Terms of Service
Last Updated: September 12, 2023
These Terms of Service (the “Terms”) are a legal contract between OpenTCG and its affiliates, (collectively, “Company”, “we” or “us”) and “you” (“your,” or “User”). The Terms explain how you are permitted to use the services provided by and through our platform, website(s), our associated internet properties (either linked by Company and/or by affiliated companies) and any software that Company may provide to you for download, including in your mobile devices (our “App(s)”) (all of these virtual properties and mobile applications, collectively, the “Site”). These Terms also govern your use of all the text, data, information, software, analytics, graphics, proprietary content and more (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any services we may provide through the Site. Collectively, the Site, the Materials, and the services provided by the Company are referred herein to as the “Service”.
USING THE SERVICE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. THESE TERMS APPLY TO ALL VISITORS, CUSTOMERS, USERS, AND OTHERS WHO ACCESS THIS SERVICE.
1. MODIFICATIONS AND ADDITIONAL TERMS.
(a) Changes to these Terms. Company can change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Service. We will ask for your express consent to the updated Terms when and where we are legally required to do so. If you do not agree with any of the updated Terms, you must stop using the Service. Continued use of the Service following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Unless otherwise required by law, the updated Terms are effective as of the day of posting. (b) Changes to the Service. Company may make changes to the Service at any time, without notice to you. If you object to any changes to the Service, your sole recourse will be to cease using the Service. Continued use of the Service following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Service as modified. We also reserve the right to discontinue the Service, or any component of it, at any time without notice to you. We will not be liable to you or any third- party should we exercise our right to modify or discontinue the Service. (c) Additional Terms. In addition, certain features of the Service may be subject to additional legal terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features or services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such features conflict with these Terms, the Additional Terms will govern.
2. PRIVACY.
Please review our privacy policy (the “Privacy Policy”) which explains how we use any personal information that you submit to Company. The Privacy Policy is hereby incorporated by reference.
3. CONTRACTUAL RELATIONSHIP.
By using the Service, you represent that you are at least 18 years of age, or that you are of age under the laws of your jurisdiction, and lawfully able to enter into contracts. If you are under 18 years of age or not legally able to enter into contracts in your place of residence, you must have the permission of your parents or legal guardians to use the Service. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors. If you are entering into these Terms on behalf of a business entity or organization, you represent and warrant that you have the legal authority and capacity to bind such business entity or organization. If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms. Your access to and use of the Service is subject to your continued compliance with these Terms and all applicable laws. If you breach these Terms, your right to access and use the Service will terminate immediately, without any further action by Company, except for those obligations expressly described by the Company in these Terms.
4. THE SERVICE AND LICENSE TO USE IT.
The Service includes an integrated, software-as-a-service platform that enables You to purchase digital collectibles and/or intangible assets and transfer them to your Third Party Accounts (defined below). For as long as you agree to these Terms and abide by them, you may use the Service. These Terms apply to all users of the Service, including visitors and Registered Users. The Service is licensed, not sold, to you. The Service is protected by copyright laws throughout the world. Subject to your agreement, and continuing compliance with these Terms, Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to use the Service solely for your own individual, non-commercial purposes only. You agree not to use the Service for any other purpose. All rights not expressly granted to you in these Terms are reserved and retained by Company and/or its licensors. The licenses granted by Company terminate if you do not comply with these Terms and/or any other Service terms and conditions. By using the Service, you represent that you are not a person barred from using the Service under the laws, rules and regulations of the United States of America, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer- employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Service unless expressly set forth in these Terms.
5. REGISTRATION AND ACCOUNTS.
Visitors and guests may browse the Site in accordance with these Terms, but will not have full access to the Service without first becoming Registered Users. In order to access certain features of the Service you may be required to become a Registered User. A “Registered User” is a user who has registered an account with us (your “Account”). Please refer to our Privacy Policy for more details about submitting information to us. In registering for the Service, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Company immediately of any unauthorized use of your password or any other breach of security at [email protected]. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your Account. Company will not be liable for any losses caused by any unauthorized use of your Account. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information. If applicable, Company shall be entitled to monitor your username and password and, at its discretion, require you to change it. You agree not to register for an Account on behalf of an individual other than Yourself or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group, organization, or entity to these Terms. By registering another person, group, organization, or entity you hereby represent that you are authorized to do so. You agree not to create an Account or use the Service if you have been previously removed by Company, or if you have been previously banned from any of the Company properties.
6. THIRD PARTY ACCOUNTS AND SITES
When you sign up for or use our Service, you may give us permission to access your information in other services. For example, you may link gaming or social media accounts that connect to our Service (each such account, a “Third-Party Account”), which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD- PARTY SERVICE PROVIDERS, AND COMPANY DISCLAIMS ANY LIABILITY FOR PERSONAL INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. ANYTHING THAT HAPPENS IN YOUR THIRD-PARTY ACCOUNT IS BETWEEN THAT PROVIDER AND YOU. The Service may be linked to other websites that are not Company properties (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Company, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. Company does not verify, make any representations or take responsibility for any Third-Party Site, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third- Party Sites. YOU AGREE THAT COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Service to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Company's endorsement or recommendation.
7. PAYMENTS, REFERRAL PROGRAM AND ACCOUNT CANCELLATIONS.
By registering for an Account, you obtain access to the Service. The rights and privileges provided under your Account are personal and non-transferable. There is no cost associated with registering for an Account with us and/or using the Service. You will only pay for the intangible assets that you process or purchase within the Service. You agree to pay any applicable fees related to Your use of the Service as further described on our Purchase Terms. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as any applicable taxes, all of which depend on Your use of the Service. We understand that You might cancel Your account at any time, but please know that you will be subject to the terms indicated in our Purchase Terms. You agree that, if applicable, We may charge any unpaid fees to the payment method You provided and/or send You a bill for such unpaid fees. If applicable, You agree and consent to Company's use of third-party payment providers for billing and processing online payments. We reserve the right to modify applicable costs, commissions and/or prices at any time and we do not provide price protection or refunds in the event of promotions or price decreases. You may cancel your Account at any time by contacting us at [email protected], or by closing your Account through your Account settings. If you have intangible assets in your Account at the time of such termination, the termination will not be effective until you dispose of your intangible assets as indicated on our Purchase Terms. We may offer programs allowing our users to earn credits and rewards (“Rewards”) on their Accounts. Please refer to our Referral Program Terms as these may be amended from time to time, before participating inour Rewards' program. The Referral Program Terms are hereby incorporated by reference.
8. OUR INTELLECTUAL PROPERTY RIGHTS.
The Service and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, analytics and design, the selection and arrangement thereof, are the exclusive property of Company, our licensors or other content suppliers, and are protected by United States of America and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent. Company owns, solely and exclusively, all intellectual property rights embodied in or practiced by our products, services, and systems, and any improvements and derivatives therein. No right, title or interest in or to the Service or any Materials is transferred to you and all rights not expressly granted are reserved. Any use of the Service that is not expressly permitted by these Terms may be a breach of these Terms and may violate copyright, trademark and other intellectual property laws. In addition to the intellectual property rights mentioned above, for purposes of these Terms, “Materials” also include all information such as the “look and feel” of the Service, data files, graphics, text, information, analytics, blogs, photographs, drawings, logos, images, sounds, music and video and audio files on the Service. Company exercises reasonable efforts to ensure that the Materials are accurate and complete, however Your use of the Service is at your own risk.
We do not claim or represent ownership of any intangible assets you may acquire or purchase through the Service.
9. UNAUTHORIZED ACTIVITIES & RULES OF CONDUCT.
Unauthorized use of the Service may result in violation of various United States and international laws. So You are not authorized to use this Service in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• To stalk, harass, or harm another individual;
• To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
• Copy or print any of the Materials, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Materials;
• Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Service or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
• Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Materials or any digital rights management mechanism, device or other content protection measures either directly or through other means;
• Mirror, frame, screen scrape or deep link to any aspect of the Service or access any Materials through technology or means other than those provided or authorized by us;
• Access the Service via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
• Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Service, or tamper with, impair, damage, attack, exploit or penetrate the Company system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Company or any connected networks, or take any action to impact the proper operation of the Service and any person's or entity's use or enjoyment thereof;
• Bypass the measures we may use to prevent or restrict access to or use of the Service, including by hacking into secured or non-public areas of the Service, circumventing any geo-blocking mechanisms or otherwise;
• Use the Service to collect any personally identifiable information, including Account names and e-mail addresses, or use the Service for any commercial solicitation purposes, without our prior express written permission;
• Attempt to reverse engineer any aspect of the Service or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Service, create any derivative works or materials of any kind using the Materials, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Service;
• Use the Service to upload or present any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
• Use the Service to violate our or any other person's legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
• Use the Service to infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Company or any other person;
• Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
• Create and/or use multiple accounts to circumvent the restrictions on the Service, including creating duplicate accounts using referral links to abuse our Referral Program Terms
• Use the Service to seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise; or
• Be otherwise objectionable as determined by Company at its sole discretion.
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim. We reserve the right, but do not assume the obligation, to investigate any violation of these Terms or misuse of the Service. We may monitor all prohibited actions, investigate, and/or take appropriate action at our sole discretion against you.
If you violate this Section 9 or any other provision of these Terms or otherwise create liability for us or any other person, including reputational harm, we may (without limitation) and in addition to the above, terminate or suspend your Account, your access to the Service or any portion thereof at any time, with or without notice. We may also take legal action to enforce our rights, and/or report you to appropriate law enforcement authorities, regulators, or other appropriate third parties. PLEASE BE AWARE THAT WE COOPERATE WITH LAW ENFORCEMENT AND REPORT SUSPICIOUS AND/OR ILLEGAL ACTIVITY.
Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this Section 9 and/or these Terms.
In accordance with our Privacy Policy, we also may share and/or use your information to protect the safety, rights, property, or security of Company, our services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, cybersecurity, cybercrimes or technical issues; to prevent or stop any activity that Company, in its sole discretion, may consider to be, or to pose a risk of being, illegal, unethical, or legally actionable; to use as evidence in litigation; to conduct audits; and/or to enforce our Terms.
• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• To stalk, harass, or harm another individual;
• To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
• Copy or print any of the Materials, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Materials;
• Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Service or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
• Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Materials or any digital rights management mechanism, device or other content protection measures either directly or through other means;
• Mirror, frame, screen scrape or deep link to any aspect of the Service or access any Materials through technology or means other than those provided or authorized by us;
• Access the Service via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
• Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Service, or tamper with, impair, damage, attack, exploit or penetrate the Company system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Company or any connected networks, or take any action to impact the proper operation of the Service and any person's or entity's use or enjoyment thereof;
• Bypass the measures we may use to prevent or restrict access to or use of the Service, including by hacking into secured or non-public areas of the Service, circumventing any geo-blocking mechanisms or otherwise;
• Use the Service to collect any personally identifiable information, including Account names and e-mail addresses, or use the Service for any commercial solicitation purposes, without our prior express written permission;
• Attempt to reverse engineer any aspect of the Service or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Service, create any derivative works or materials of any kind using the Materials, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Service;
• Use the Service to upload or present any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
• Use the Service to violate our or any other person's legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
• Use the Service to infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Company or any other person;
• Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
• Create and/or use multiple accounts to circumvent the restrictions on the Service, including creating duplicate accounts using referral links to abuse our Referral Program Terms
• Use the Service to seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise; or
• Be otherwise objectionable as determined by Company at its sole discretion.
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim. We reserve the right, but do not assume the obligation, to investigate any violation of these Terms or misuse of the Service. We may monitor all prohibited actions, investigate, and/or take appropriate action at our sole discretion against you.
If you violate this Section 9 or any other provision of these Terms or otherwise create liability for us or any other person, including reputational harm, we may (without limitation) and in addition to the above, terminate or suspend your Account, your access to the Service or any portion thereof at any time, with or without notice. We may also take legal action to enforce our rights, and/or report you to appropriate law enforcement authorities, regulators, or other appropriate third parties. PLEASE BE AWARE THAT WE COOPERATE WITH LAW ENFORCEMENT AND REPORT SUSPICIOUS AND/OR ILLEGAL ACTIVITY.
Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this Section 9 and/or these Terms.
In accordance with our Privacy Policy, we also may share and/or use your information to protect the safety, rights, property, or security of Company, our services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, cybersecurity, cybercrimes or technical issues; to prevent or stop any activity that Company, in its sole discretion, may consider to be, or to pose a risk of being, illegal, unethical, or legally actionable; to use as evidence in litigation; to conduct audits; and/or to enforce our Terms.
10. INTELLECTUAL PROPERTY INFRINGEMENT.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing any content that violates intellectual property rights of others, suspending access to this Service (or any portion thereof) to any user who uses this Service in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Service in violation of someone’s intellectual property rights. Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Service, please provide written notice to Our Agent for notice of claims of infringement at DMCA Agent; Email: [email protected]
To be sure the matter is handled immediately, Your written notice must:
• Contain Your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
• Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
• Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
If the content removed belongs to you, We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Service who is the subject of repeated DMCA or other infringement notifications.
To be sure the matter is handled immediately, Your written notice must:
• Contain Your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
• Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
• Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
If the content removed belongs to you, We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Service who is the subject of repeated DMCA or other infringement notifications.
11. TERM AND TERMINATION.
These Terms commence on the date when you start using the Service and remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Terms. If you want to terminate the Service, you may do so by (a) notifying Company at any time; (b) closing your Account in accordance with the established procedure; and/or (c) if you are visitor, stop visiting the Site. For information on the voluntary procedure of closing your Account, please contact us at [email protected]. We reserve the right to terminate or suspend your account or access to the Service at any time and for any reason. It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms. In the event that we terminate or suspend your Account, you will have no further access to your Account or anything associated with it. Termination of the Service includes (i) automatic termination of all licenses and you must immediately destroy any downloaded or printed materials (including software); and (ii) deletion of your password and related information, files and content associated with or inside your Account (or any part thereof), including User Submissions, except to the extent of any surviving licenses or applicable record retention requirements. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of User Submissions. All provisions of the Terms, which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. You may close your Account by using the feature provided in the Service or, in the alternative, by emailing us at [email protected]. We will proceed to close your Account and send you an email confirmation. Please refer to Section 7 for cancellations. If you have intangible assets in your Account at the time of such termination, the termination will not be effective until you dispose of your intangible assets as indicated on our Purchase Terms.
12. DISCLAIMER OF WARRANTIES.
You use the Service at your own risk. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSOCIATES, PARTNERS, LICENSORS AND SUPPLIERS) DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ALL DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE SERVICE OR THE MATERIALS WILL BE ERROR FREE OR THAT THE SERVICE, THE MATERIALS OR THE PLATFORM THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE MATERIALS OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SERVICE. YOU BEAR THE ENTIRE RISK OF THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY MATERIALS FOUND ON THIS SERVICE. COMPANY RESERVES THE RIGHT TO WITHDRAW, TEMPORARILY OR PERMANENTLY, ANY MATERIALS FROM THE SERVICE AT ANY TIME AND FOR ANY REASON AND SUCH REMOVAL MAY BE IMMEDIATE AND WITHOUT NOTICE. AS AN EXPRESS CONDITION TO YOUR USE OF AND ACCESS TO THE SERVICE, YOU ACKNOWLEDGE, AGREE AND CONFIRM THAT COMPANY IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SUCH WITHDRAWAL. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE (INCLUDING ANY NETWORKS AND SERVERS USED TO PROVIDE ANY PART OF THE SERVICE). WE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR ANY AVAILABILITY OF OR ELECTRONIC MOVEMENT OF INTANGIBLE ASSETS ARE PROCESSED IN A TIMELY MANNER, HOWEVER WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING, ESPECIALLY WHERE SUCH PROCESSING INCLUDES FACTORS OUTSIDE OF OUR CONTROL, OR WHOSE CONTROL IS UNDER THIRD-PARTY SYSTEMS, SUCH AS THIRD PARTY MARKETPLACES, AVAILABILITY OF OTHER SITES OR INTANGIBLE ASSETS PROVIDERS, ELECTRONIC BILLING OR EXTERNAL PAYMENT SYSTEMS, OR ACCREDITATION OF PAYMENTS OR TRANSFERS IN ANY FORM OF ELECTRONIC MONEY NOT DENOMINATED IN THE SERVICE.
13. LIMITATION OF LIABILITY.
COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, REMOTE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. To the extent that Company may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth in these Terms, the scope of such warranty, and the extent of Company’s liability, shall be the minimum permitted under such applicable law. Nothing in these Terms shall affect your legal rights as a consumer or exclude or limit any liability, which cannot be legally excluded, or limited.
14. INDEMNITY.
You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “Indemnitees”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your User Submissions; (b) your use of, or inability to use, the Service; (c) your violation of the Terms; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules, regulations or policies . Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Service.
15. ELECTRONIC COMMUNICATIONS.
The communications between you and Company use electronic means, whether you visit the Site, send Company e-mails, or use the Service or whether Company posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Where Company requires that you provide an e-mail address; you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. We are not responsible for any automatic filtering you or your network or e-mail provider may apply to communications we send to an e-mail address that you provide to us.
16. GENERAL
These Terms together with our Privacy Policy, and any Additional Terms that we may make available from time to time through our internet properties, constitute the entire agreement between you and Company regarding your use of our Service and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by you. Any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.
17. WITHDRAWS
All forms of withdraw such as but not limited to, giftcards, must be used in order to purchase either a virtual or real life trading card game product. The withdraws are not to be used for any other purpose. The withdraws are not to be used for any illegal activities such as money laundering but not limited to any other activities. If you are found to be using the withdraws for any illegal activities, or any purpose other than purchasing a trading card game product, your account will be terminated and you will be banned from the site and notification to the proper legal authorities will be made if necessary.
18. CONTACT US.
If you have any questions about these Terms or otherwise need to contact Company for any reason, you can reach us at [email protected].