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TERMS AND CONDITIONS
OF USE PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE Welcome to SPORTSCARDFUN.COM
LLC! Sportscardfun.com provides
services to you subject to the following terms of use. You signify your agreement to these terms by
using this site,. Please check these
terms periodically for changes. Your continued use of Sportscardfun.com
following the posting of modifications to these terms (including the
Sportscardfun.com Privacy
Policy and Rules) will
mean you accept those changes. COPYRIGHT: All content included on this site, such as
text, graphics, logos, images, and software, is the exclusive property of Sportscardfun.com
or its content suppliers and protected by United States and international
copyright laws. All software used on this site is the property of
Sportscardfun.com or its software suppliers and protected by United States and
international copyright laws. LICENSE AND SITE ACCESS
Sportscardfun.com grants you a limited
license to access and make personal use of this site. You may not download (other than individual pages for personal
use) or modify it, without the express written consent of Sportscardfun.com.
You may not make any resale or commercial use of the sportscardfun.com site or
its contents. You may not make any
derivative use of this site or its contents. Neither the sportscardfun.com site
nor any portion it may be duplicated, reproduced, copied, sold, resold, or used
without express written consent of Sportscardfun.com. You may not copy any
proprietary information or trademark, without express written consent. You may
not use any Sportscardfun.com logo, graphics, or trademark as part of a link to
sportscardfun.com without express written permission. We grant you a limited
right to create a link to sportscardfun.com.
This is a limited license, which is revocable. and nonexclusive. You may
create a link to the home page of Sportscardfun.com so long as the link is not
misleading, false, offensive, defamatory, or otherwise derogatory. PRIV
This notice explains our
privacy policy. Please read it
carefully. Protecting your privacy is
very important to us. DUE TO THE WAY
THAT OUR WEBSITE IS STRUCTURED SOME OF YOUR INFORMATION WILL BE AVAILABLE TO
SUBSCRIBERS. BY SUBSCRIBING TO
SPORTSCARDFUN.COM, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS POLICY
NOTICE. Registratio When you register as a
subscriber to sportscardfun.com, we request your name, birth date, primary
phone number, email address, mailing address, the country where you are
located, and zip code. Sportscardfun.com uses this
information to create and maintain accounts and may use this information to
customize the content seen on our pages.
Security
YOUR EMAIL ADDRESS WILL BE
AVAILABLE TO OTHER SUBSCRIBERS. This gives a subscriber the ability to
contact you regarding cards that you have available to trade or cards that you
may be interested in acquiring. We will
not release any identifying information other than your email address. We will not release any information that may
connect your email address with your other personal identification information. IF YOU AGREE TO JOIN THIS SITE,
YOU ACCEPT THE FACT THAT YOUR EMAIL ADDRESS WILL BE AVAILABLE FOR OTHER
SUBSCRIBERS.
We will not
sell your information to others. We
will not give out your name, or email address to any third party vendors
without your permission.
Point Standings
We will
invite you to join our point standings room when you become a rookie
trader.
If you choose to join the Point
Standings Room, the city and state where you are located will be available for
other members to read. This is your choice.
You are not required to become a member of the Point Standings Room. Archive
The archives
list the emails and email addresses of all individuals that have traded cards
on sportscardfun.com within the previous 30 days. The archives expand the ability of sportscardfun.com members to
trade their cards. The record is purged
every 30 days.
Cookies
Sportscardfun.com
uses cookies to operate our website. We
transfer cookies to your computer to enable our site to recognize you when you
log on. You have the option of disabling
cookies by going to the “help” item on your toolbar and following the
instructions, but once you disable them, you will not be able to use our site.
Notice We will notify you
of any changes to our privacy policy.
We will post changes on our opening screen. Changes in our privacy policy will apply to you immediately after
you have viewed the new terms and entered into the sportscardfun.com trading
area. We will notify each subscriber
individually via email if we feel the policy change is significant. Please read your emails frequently. Failure to Renew Membership
You may
choose to have your email address removed from all sportscardfun.com records
when your membership expires. You may
also choose to have your email address removed from any sportscardfun.com
records during the term of your membership.
Your emails posted in the archives will expire 15-30 days after you post
them.
Access You may update
your personal information at anytime.
If you think your contact information needs updating, please login to
the Sportscardfun.com site and go to your profile. You may access our
privacy policy in two ways. First, when
you register as a subscriber to sportscardfun.com, the privacy policy is
presented for you to read. Second, you
can access the policy by linking to Privacy Policy
WE WILL
DISCLOSE YOUR PERSONAL INFORMATION WHEN:
1. We believe it is necessary to
protect you or others from physical harm.
2. We believe it is necessary to
protect your property rights or the
property rights of others.
3. We believe it is necessary to
protect the property rights of sportscardfun.com.
4. We believe we have a legal
duty -- such as a obligation to comply with a search warrant, subpoena, or
court order. 5. To enforce our Terms of Use or Other Agreements
Unless we have a legal duty to disclose your
information, we will give you notice prior to our releasing your personal
information to third parties.
LINKS
We may include links to other
sites. Please carefully review their
privacy statements and terms of use. We
are not responsible any actions taken on those sites.
WEB-PAGES YOU CONTRUCT THROUGH
SPORTSCARDFUN.COM
As part of
your membership with Sportscardfun.com, you will have the ability to build a
web page on which you can list the cards that you want and the cards that you
have for trade. The page you build with our Sportscardfun page-builder is
limited to posting your Sportscardfun wants and needs. You may create your own
web page so long as your web page is not offensive, false, defamatory, or
otherwise derogatory. You may not use profanity. You may not promote, solicit, or sell pornography. You may not post sales messages or any other
forms of solicitation. TERMINATION
We reserve the right to remove
any member at any time for any abuse or misuse of the Sportscardfun.com site or
its members. Sportscardfun.com may terminate your
membership if we feel that you have not complied with our terms of use, do not
follow the participation rules, or violate the rights of sportscardfun.com, or
the rights of others. This termination
may be done with or without notice. We
may terminate your account if we believe you have engaged in fraudulent
activity in connection with the sportscardfun.com site. Please contact sportscardfun.com if you feel
that a member has committed a violation of our terms of use.
CHILDREN ALWAYS REMEMBER: It is up to you and your
child to protect your private information.
It is your responsibility to determine
whether our Services and Content are suitable for your child and whether your
child is mature enough to be trading cards on the Internet. When your child subscribes to
sportscardfun.com his or her email address is made available to other
subscribers each time he or she posts messages to the web site. This may result in the mailing of
unsolicited email to your child. It is
possible that the content of the unsolicited email would not be something you
would want your child to view. Unsolicited emails could request personal information from
your child that you would not want your child to disclose. You may choose to block email from certain
addresses from which you do not want your child to receive email. At Sportscardfun.com we
take great strides to follow the Internet guidelines set up by the FTC in the
Children's Online
Privacy Protection Act (COPPA) Children under the age of 13 must get
parental consent before becoming a member of sportscardfun.com. The Children's
Online Privacy Protection Act requires that a web site operator obtain parental
consent before they may receive any personal identifying information from
children under the age of 13. A web
site operator may not require that children under the age of 13 disclose more
information than reasonably necessary to provide services to them through the
web site. When any user, including a
child under the age of 13, registers for a Sportscardfun.com account, we
require name, email address, birth date, zip code, and country of
residence. When a child attempts to
register for sportscardfun.com, he or she will automatically receive a parental
consent form via email. A parent or
legal guardian must fill out the form and fax it to us before a child under the
age of 13 may subscribe to our service. Please help us in
making the Internet a safe and enjoyable experience for people of all ages. Instruct your children to
protect their privacy while online by never giving out personal information
without your permission. Additional
Ways to Protect Your Privacy For additional ways to protect your privacy,
please refer to our Privacy
Policy also Check out the Federal
Trade Commission website for more information about online privacy at Site
Seeing on the Internet.
PROTECT YOURSELF FROM BAD
TRADERS The information
Sportscardfun.com offers to help avoid bad trades are suggestions only. It is not inclusive of all information which
you may need in order to prevent losses, bad trades, or other undesirable
transactions through the Sportscardfun.com website. Sportscardfun.com Good
Trader Point System There will always be
individuals who try to take advantage of others. We have attempted to create a community that is
self-policing. We are only a venue that
enables sports card traders to trade their cards. We are not involved in the
actual trade transaction between trading partners. The Sportscardfun.com Good
Trader Point System helps to protect you against bad traders. It is a voluntary system that enables
subscribers who are pleased with completed transactions to give a point to
their trading partners. Sportscardfun.com Good
Trader Point System keeps track of individuals who make good trades. It does not keep track of those that do
not. This system results in a partial
trading history of other members. It
does not guarantee that a particular member will make honest trades. We encourage you to make use of the
Sportscardfun.com Good Trader Point System and to communicate directly with
potential trading partners. If you experience
difficulties, please contact support@sportscardfun.com. WE CANNOT GUARANTEE
THAT MEMBERS WILL: conduct legal trades; make truthful statements as to
the condition of any cards they have to trade or that they, in fact, have cards
to trade. WE CANNOT GUARANTEE
THAT: a member has the actual legal right to trade particular cards,
nor can we guarantee the quality of cards offered for trade.
For Additional Ways to Protect Yourself Against Bad
Traders Please Refer to our
Smart Trader Tips! DISCLAIMER
OF WARRANTIES AND LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT: SPORTSCARDFUN.COM PROVIDES
THIS WEB SITE AND SERVICES ON AN "AS IS" AND “AS AVAILABLE” BASIS.
TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, SPORTSCARDFUN.COM DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. SPORTSCARDFUN.COM MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS
SITE; THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON OR OBTAINED THROUGH
THIS SITE; OR THE QUALITY OR LEGALITY OF CARDS TRADED THROUGH THIS SITE. SPORTSCARDFUN.COM MAKES NO REPRESENTATIONS AS TO THE
HONESTY, INTEGRITY, OR INTENTIONS OF ANY AND ALL INDIVIDUALS TRANSACTING SPORTS
CARDS TRADES OR ANY OTHER ACTIVITIES AT SPORTSCARDFUN.COM. WE HAVE NO CONTROL
OVER THE QUALITY OF CARDS TRADED.
WE CANNOT ENSURE THAT A CARD
TRADER WILL COMPLETE A TRANSACTION. SPORTSCARDFUN.COM MAKES NO WARRANTIES THAT OUR SERVICES WILL SATISFY
YOUR EXPECTATIONS. WE MAKE NO WARANTIES THAT OUR SERVICES WILL
BE FREE OF MISTAKES OR UNINTERUPTED.
YOU EXPRESSLY AGREE THAT YOUR
USE OF THIS SITE IS AT YOUR SOLE RISK. SPORTSCARDFUN.COM DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR E-MAIL SENT FROM SPORTSCARDFUN.COM ARE FREE OF VIRUSES.
NO INFORMATION, SUGGESTIONS OR ADVICE, OBTAINED BY
YOU THROUGH SPORTSCARDFUN.COM SHALL CREATE ANY WARRANTY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS. LIMITATION OF LIABILITY SPORTSCARDFUN.COM WILL NOT BE LIABLE FOR DAMAGES
OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THE SITE, THE
SERVICES OF SPORTSCARDFUN.COM OR THE CONDUCT OF THIRD PARTIES USING THE
SERVICE.
RELEASE OF
LIABILITY: IF YOU SHOULD HAVE A DISPUTE WITH ANY
SUBSCRIBERS YOU RELEASE SPORTSCARDFUN.COM FROM CLAIMS, DEMANDS, AND DAMAGE IN
ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE
CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. FAILURE OF SPORTSCARDFUN.COM
TO EXERCISE OR ENFORCE ITS RIGHTS OR PROVISIONS UNDER THE TERMS OF USE SHALL
NOT CONSTITUTE A WAIVER OF SUCH RIGHTS OR PROVISIONS.
CHANGE IN
SERVICES We may, in our sole
discretion modify, or discontinue some, or all of our services, either
temporarily or permanently, at any time, without notice. Sportscardfun.com shall not be liable to you,
or to a third party, for any change, suspension or termination of the Service. |