1. General. This site is owned and operated by Trade Cards Online (which may be referred to as TradeCardsOnline.com). Trade Cards Online has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.
2. Registration Obligations. In consideration of your use of the non-public portions of the site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the site's registration form (such information being the "Registration Data"), (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, and (c) not register multiple times. If you provide any information that is untrue, inaccurate, not current or incomplete, or Trade Cards Online has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Trade Cards Online has the right to suspend or terminate your account and refuse any and all current or future use of the non-public portions of the site.
3. Restrictions on Use.
- A. You shall use the site for lawful purposes only. You shall not post or transmit through the site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Trade Cards Online's express prior approval, you shall not post or transmit through the site any material that contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in Trade Cards Online's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
- B. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, images, text, graphics, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Trade Cards Online and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
- C. You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the site, you automatically grant, or warrant that the owner of such material has expressly granted Trade Cards Online the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user's personal use. You grant Trade Cards Online the right to edit, copy, display, publish and distribute any material made available on the site by you.
- D. Your access to the site, other than to portions open to the public, is controlled by your individual user name and password combination. You may not share your password with anyone else or permit your password to be used to provide anyone else with access to non-public portions of the site. You are solely responsible for all activity on your Account.
- E. The foregoing provisions of Section 4 are for the benefit of Trade Cards Online, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
4. Disclaimer of Warranty; Limitation of Liability.
- A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Trade Cards Online, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
- B. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
- C. IN NO EVENT WILL Trade Cards Online, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Trade Cards Online's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR ITS SERVICES.
- D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Trade Cards Online IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Trade Cards Online shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site for reasons which include, but are not limited to:
- profanity, vulgarity, or hate speech (e.g. racial, ethnic, sexist, homophobic, or religious outrages)
- promotion of or engaging in illegal activities
- harassment, trolling or baiting
- advertising or promoting a business or commercial site
- spamming through repeated posts, or off-topic content
Without limiting the foregoing, Trade Cards Online shall have the right to remove any material that Trade Cards Online in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You acknowledge and agree that Trade Cards Online may preserve any material and may also disclose any material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Trade Cards Online, its users and the public.
7. Indemnification. You agree to defend, indemnify and hold harmless Trade Cards Online and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.
8. Trademarks. Trade Cards Online, TradeCardsOnline.com, and all page headers, custom graphics and icons are service marks, trademarks, and/or trade dress of Trade Cards Online. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
9. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, advertisers, and users, are those of the respective author(s) or distributor(s) and not of Trade Cards Online. Trade Cards Online neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Trade Cards Online employee spokespersons while acting in their official capacities.
10. Account termination. Trade Cards Online reserves the right to terminate your account or decline or limit your subscription for any reason, including, but not limited to harassment of other participants, creating multiple accounts, even if not concurrent, not-clarified reports on bad trading conduct, or on dishonest behaviour on buying and selling transactions, or any breach of the terms of the agreement between you and Trade Cards Online, and any breach of the security of your account. By registering for an account, you consent to allow Trade Cards Online to access your account information to investigate complaints or other allegations of abuse. YOU EXPRESSLY AGREE that Trade Cards Online has the right to ban any user from use of any non-public portions of the site or any other service provided by Trade Cards Online.
11. Links. The site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Trade Cards Online has no control over such sites and resources, you acknowledge and agree that Trade Cards Online 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 Trade Cards Online 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.
12. Dealings with Advertisers Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the site, 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 Trade Cards Online 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 site.
13. Money Accounts
Trade Cards Online reserves the right to change our fees or billing methods at any time.
A Trade Cards Online Member who has opened a Money Account may request at any moment a refund of remaining money in his or her account by requesting it through the site. Trade Cards Online will refund the money using the selected method from those offered by Trade Cards Online as options for a refund. There may be a cost associated with such refund, which will be paid from the same account before processing such refund.
You understand and agree that your membership may include certain communications from Trade Cards Online, such as service announcements, administrative messages and the automatic report on possible trades, and that these communications are considered part of Trade Cards Online membership and you will not be able to opt out of receiving them.
You are responsible for obtaining access to the site 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 site.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.