Cardsphere Terms and Conditions

Last updated: 11 Oct 2017

General Information

Throughout this document, the terms we, us and our refer to Cardsphere Inc., a Canadian federal corporation; the terms website and Cardsphere refer to this website; the terms user(s), trader(s), seller(s) and buyer(s) refer to any person using this website. This website is operated by Cardsphere Inc.. Cardsphere Inc. offers this website, including all information, tools, and services available from this website to you conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Cardsphere is an online marketplace for collectible cards and related goods known as Items. Users of Cardsphere can act as both Senders and Receivers of such Items.

By visiting our website and/or registering with our website, you engage in our Service and agree to be bound by the following terms and conditions (Terms of Service, Terms), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the website, including without limitation users who are browsers, Traders, Senders, Receivers, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

By agreeing to these Terms of Service, you represent that you are not a resident of any country that is currently a subject of sanctions imposed by the Government of Canada under the United Nations Act (UNA) or the Special Economic Measures Act (SEMA). See list of current sanctions imposed by Canada.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

The development of this website is ongoing and we reserve the right to stop, suspend or modify the platform functionality at any time without prior notice to users.

Failure to Follow Rules

By using this web site you agree to follow the procedures and rules outlined in this document. Failure to follow the procedures and rules described in this document, breach or violation of any Terms may result in temporary or permanent termination of service and/or loss of accumulated Stored Value.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, or descriptions of services, or product pricing, or service pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this website is void where prohibited.

You understand that your content (not including payment card and bank account information), may be transferred unencrypted and involve

  1. transmissions over various networks; and
  2. changes to conform and adapt to technical requirements of connecting networks or devices.

Payment card and bank account information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Definition of Service

Some of the services that Cardsphere provides to its users are:

  1. Collection Management Tools
  2. Establishment of Index Pricing
  3. Matchmaking Service
  4. Escrow Service
  5. Dispute Resolution Service
  6. Messaging Service

Stored Value

Cardsphere operates with Stored Value. Unless otherwise indicated, Stored Value is denominated in USD (United States Dollars).

You can maintain a Stored Value Balance with Cardsphere for the purpose of participation in the marketplace. Cardsphere maintains Stored Value balance for each user individually, independent of other users.

You are free to determine the Stored Value Balance that suits your trading needs. No minimum Stored Value Balance is required by Cardsphere to be able to participate in the marketplace.

Acceptable Uses of Stored Value

Stored Value can be used to request items from other Cardsphere users.

Stored Value can be used to pay Cardsphere for services that Cardsphere may provide, such as membership or premium features.

Stored Value cannot be used outside of Cardsphere.

Stored Value cannot be used for the sole purpose of transferring value between users. Stored Value is only transferrable between any two users via Escrow Service provided by Cardsphere in conjunction with the marketplace activity between those two users.

Increasing Stored Value Balance

You can increase your Stored Value Balance with Cardsphere by either engaging in the Sending activity or by making a payment to Cardsphere towards your Stored Value balance.

Cardsphere offers the following payment methods in conjunction with increasing your Stored Value balance:

Using a Payment Card to Increase Stored Value Balance

In order to use this payment method payment you must either be the payment card holder or you must have a permission from the payment card holder to use the card.

The card will be charged in USD (United States Dollars), any fees related to currency conversion will be borne by the payment card holder.

Any additional fees charged by the payment card company will be borne by the payment card holder.

Any fees associated with the processing of the payment card transaction are borne by Cardsphere.

Cardsphere will increase your Stored Value Balance by the full nominal amount of the transaction in USD.

Cardsphere will not process transactions in the amount less than 20 USD.

Refunding of Stored Value

You can request your Stored Value balance be refunded to you by Cardsphere, in part or in full.

Cardsphere offers several payment methods in conjunction with the refunds of Stored Value. The availability of any such method depends on your geographical location and other eligibility criteria. In case you are not eligible to use any of the refund methods, they cannot request a refund of your Stored Value Balance, and no refund can be processed.

There are processing fees associated with each of the refund methods, borne by you.

The execution of the requests to refund Stored Value may be delayed by up to 35 days from the moment Cardsphere receives such refund request.

There is a 10000 USD limit imposed by Cardsphere on the amount of funds refunded per 24 hours to any single user. Larger amounts can be split into a series of transfers each under the limit, spread over several consecutive 24-hour periods.

Cardsphere may offer other methods of refunding of Stored Value in the future, discontinue or modify existing methods.

Currently Cardsphere offers the following payment methods in conjunction with the refunds of Stored Value:

Personal Transfer to PayPal Wallet

In order to use this method, you must be a holder of a valid PayPal account in good standing.

In addition, the name and email address of account holder must match your name and email address on file with Cardsphere.

The funds deposited to the PayPal account will be in USD.

The PayPal account must be capable of receiving PayPal personal payments in USD from United States of America and Canada. PayPal account held by residents of certain countries are known to not satisfy this requirement. This includes (but is not limited to) the following list of countries:

  • Brazil
  • India
  • Japan

Cardsphere will withhold a processing fee from the amount of Stored Value to be refunded in the amount of the greatest of:

  1. 10% of the amount of Stored Value to be refunded (rounded up)
  2. 10 USD

Cardsphere will cancel the request for stored value refund if we cannot process such request due to PayPal declining it.

Business Transfer to PayPal Wallet

In order to use this method, you must be a holder of a valid PayPal account in good standing.

In addition, the name and email address of account holder must match your name and email address on file with Cardsphere.

The funds deposited to the PayPal account will be in USD.

The PayPal account must be capable of receiving PayPal goods and services payments in USD from United States of America and Canada.

You are responsible for any fees and charges applied by PayPal associated with this transaction (e.g. merchant fees).

Cardsphere will withhold a processing fee from the amount of Stored Value to be refunded in the amount of the greatest of:

  1. 8% of the amount of Stored Value to be refunded (rounded up)
  2. 8 USD

Cardsphere will cancel the request for stored value refund if we cannot process such request due to PayPal declining it.

Failed Refunds of Stored Value

It is possible that a transfer of funds in conjunction with the refund of Stored Value may fail due to various reasons.

In case the transfer of funds fails due to an issue under your control, such as: an error made by you, you failing to meet eligibility requirements, issues with your bank or bank account, Cardsphere will increase your Stored Value Balance by the full amount of Stored Value that was due to be refunded, minus any processing fees charged.

In case the transfer of funds fails due to reasons outside of your control, Cardsphere will increase your Stored Value Balance by the full amount of Stored Value that was due to be refunded, including any processing fees charged.

Cardsphere needs to collect and store your bank account and bank information in order to be able to issue a refund using this method. The storage and use of the collected information is guided by Cardsphere’s Privacy Policy.

Establishment of Index Pricing

Cardsphere monitors real time price data from multiple sources and uses this data, combined with internal transaction and pricing activity to establish a reference Index Price for items in near-mint condition. Items in other conditions are priced lower based on the information provided in the Cardsphere Condition Guide.

Index Price is often volatile and changes fast. Cardsphere cannot be held liable for any sending, receiving or trading performed by you on the basis of the Index Price provided by Cardsphere.

To protect you from Index Price volatility, Cardsphere offers Price Limit feature free of charge.

Trading

Any two registered users in good standing can engage in trading activity with the help of Cardsphere marketplace.

Cardsphere allows users to trade collectible cards, also known as Items. Each item has several properties that jointly describe the Item:

  1. Name
  2. Printing or Edition
  3. Finish
  4. Language
  5. Condition

A Trade is a marketplace transaction that involves one tradable Item and two users: a Sender and a Receiver: the Sender is in possession of the Item; the Receiver has previously requested to receive such an Item.

As a Cardsphere user you can assume the role of a Sender, Receiver or both.

A trade is initiated by Sender by committing to send an Item to Receiver, and concludes when either of the following happens:

  1. The Item is received by the Receiver and is verified to be as described.
  2. The transaction is concluded with the help of Dispute Resolution service.

As part of a Trade, an amount of Stored Value can be transferred from Receiver to Sender via Escrow Service, as a payment for the Item.

Overview of Sending Process

As a Sender you are expected to follow the procedure described below to send Items:

  1. Using provided Collection Management Tools, you can list any number of tradable Items that you intend to make available for sending. The list of such items is called the Haves List.
  2. Using provided Matchmaking Service, you can periodically check for availability of potential Trades.
  3. You can decide to act upon any potential Trade and commit to send the Item to the Receiver indicated in the potential Trade.
  4. After you have initiated a Trade, you must promptly ship the Item to the Receiver.
  5. You should contact the Receiver via Messaging Service or open a Dispute in case when the Receiver does not mark an Item as received in a reasonable amount of time.

Your Obligations as Sender

You must maintain an accurate Haves List. Failure to do so may lead to breaking a number of other obligations.

You must evaluate the condition of the Items on your Haves List according to the Condition Guide. Failure to do so may result in disputed Trades.

You must ship Items within 3 business days following the moment you initiated a Trade. Failure to do so may result in disputed Trades.

It is your sole responsibility to make sure the Item is delivered to the Receiver in a reasonable amount of time in as described condition.

You must include enough information with each shipment for the Receiver to recognize and attribute the Item(s) received to the respective Trades. Failure to do so may result in disputed Trades.

You bear all costs associated with the shipment of the Item to the Receiver, excluding import taxes and duties. You cannot use any shipping method that would require the Receiver to pay shipping costs (cash on delivery).

You bear all risks associated with the shipment of the Item to the Receiver, such as loss or damage in transit. It is up to you to arrange 3rd party insurance for the shipment at your cost.

In addition, Cardsphere reserves the right to temporary or permanently suspend service and/or withhold accumulated Stored Value for any user engaged in the following practices:

  1. Senders knowingly shipping counterfeit Items to Receivers.
  2. Senders knowingly shipping sealed Items that have been tampered with to Receivers.
  3. Senders knowingly shipping sealed Items whose contents have been previously determined ("mapped") to Receivers.
  4. Senders engaging in Trades due to changes in Item value not yet represented on Cardsphere.
  5. Senders with excessive number of disputes open against them.
  6. Senders engaged in any fraudulent activity.

Overview of Receiving Process

As a Receiver you are expected to follow the procedure described below to receive Items:

  1. Using provided Collection Management Tools, you can enlist any number of tradable Items that you want to receive. The list of such Items is called the Wants List.
  2. You can use Collection Management Tools to set offers expressed as percentage of Index Price for Items on your Wants List.
  3. You are encouraged to use Collection Management Tools to set price limits for Items on your Wants List.
  4. You must examine incoming shipments and attribute the Item(s) to respective Trades.
  5. You must promptly mark any received Items in as described condition as accepted with Cardsphere.
  6. You should contact the Sender via Messaging Service or open a Dispute in case any Item is not received in a reasonable amount of time or is received but is not as described.

Your Obligations as Receiver

You must maintain an accurate Wants List. Failure to do so may result in receipt of unwanted Items or Items at prices higher than expected. Where this is the case, it is not a valid reason for a Transaction dispute, no remedy can be provided by Cardsphere

You must maintain a current and accurate mailing address with Cardsphere. Failure to do so may result in disputes open due to lost mail be ruled against you.

You must ensure that the mailing address you use to receive Items is suitable for such activity. That includes, but not limited to:

  1. You must have the ability to check for delivered Items at least once every 3 business days.
  2. Items must not be exposed to elements.
  3. Items must not be exposed to possibility of theft or vandalism.

Failure to do so may result in disputes open due to lost mail be ruled against you.

You must cooperate with the delivery service (e.g. postal service, UPS, FedEX, DHL, courier etc.) to take possession of the Items being delivered. Failure to do so may result in disputes open due to lost mail be ruled against you. This does not extend to paying for insufficient postage charges. Accepting a package and paying for insufficient postage means you agree to cover such cost. Receivers may refuse the shipment under these circumstances without being held responsible by Cardsphere.

You must attribute received Item(s) to corresponding Trades and either:

  1. Promptly mark any received Items in as described condition as accepted with Cardsphere.
  2. Promptly open a dispute for each item not as described with Cardsphere.

In cases when any Disputes related to received Item(s) not as described is ruled in your favor as a Receiver, you must cooperate with the Sender to ship such Items back to Sender as Sender’s expense if the Sender so wishes.

You are responsible for paying any import taxes or duties associated with the receipt of Items.

Other Unacceptable Behaviour

  1. You are not allowed to create more than one user account with Cardsphere without prior written permission from Cardsphere.
  2. You are not allowed to use any Cardsphere account that is not your account.
  3. You are not allowed to knowingly provide false information to Cardsphere administrators or other Cardsphere users.
  4. You are not allowed to disseminate personal information of other Cardsphere users.

Escrow Service

When a Trade is initiated by a Sender, Cardsphere takes an amount of Stored Value equal to the value of the Item being traded from Receiver’s Stored Value balance and holds it in escrow. This way Cardsphere guarantees that the Sender can be paid by the Receiver when the Trade is concluded.

When a Trade is concluded in such a way that the Sender is entitled to receive all or a portion of the Stored Value held in escrow for this Trade, Cardsphere will withhold Escrow Service Fee in the amount of the greater of the following:

  1. 1% of the Stored Value to be transferred from escrow to the Sender’s Stored Value Balance (rounded up)
  2. 1 cent

Messaging Service

Cardsphere provides a Messaging Service to allow communication between users of Cardsphere and between users and representatives of Cardsphere.

Any use of Messaging Service is acceptable except the following uses:

  1. Unsolicited communication between users, except with regard to a current Trade, an open Dispute, or a potential Trade.
  2. Verbal abuse, uttering threats, intimidation, blackmail.
  3. Dissemination of links to malicious software.

The use of the contents of messages by Cardsphere is guided by Privacy Policy. A notable use of the contents of messages is the use as evidence for dispute resolution purposes.

Dispute Resolution

Cardsphere provides a mechanism to resolve disputes between users when they arise in the course of a Trade.

As a Sender you can open a dispute in conjunction to a particular trade in the following cases:

  1. The Receiver has not indicated the receipt of the Item in a reasonable amount of time; in addition the Receiver cannot be reached for comment.
  2. The Receiver has indicated the item is not as described.

As a Receiver you can open a dispute in conjunction to a particular trade in the following cases:

  1. The Sender has not indicated the shipment of the item in a reasonable amount of time.
  2. The Item has been indicated by the Sender as shipped, but has not arrived in a reasonable amount of time.
  3. The item has arrived, but is not as described.

Cardsphere will have one of its administrators examine the available evidence, discuss the situation with Sender and Receiver, and issue one of the possible rulings:

  1. Full Refund. Cardsphere will transfer the full amount of Stored Value held in escrow for this trade to the Receiver.
  2. Split. Cardsphere will transfer a portion of the amount of Stored Value held in escrow for this trade to the Receiver. Cardsphere will transfer the remaining portion of the amount of Stored Value held in escrow for this trade to the Sender, minus applicable Escrow Service Fee.
  3. Full Payment. Cardsphere will transfer the full amount of Stored Value held in escrow for this trade to the Sender, minus applicable Escrow Service Fee.

Dispute Resolution Guidelines

Cardsphere administrators can examine and use the following information as evidence in Dispute Resolution process:

  1. Any claims and facts provided by users in dispute.
  2. Contents of all Messages between users in dispute.
  3. History of activity on Cardsphere of users in dispute.
  4. Any material evidence provided by users in dispute (photographic images, scans, screenshots etc.)
  5. Any accompanying circumstances of the dispute.

Where possible, Cardsphere and Cardsphere administrators will use the following guidelines to resolve disputes:

  1. No show. Any disputes where one of the users does not respond to inquiries regarding the dispute in a reasonable time are ruled against the non-responsive user.
  2. Not received. Any disputes that involve lost Items or Items that have not been shipped are ruled in favor of the Receiver as Full Refund, unless it has been established that the Receiver has violated their obligations.
  3. Not as described. Any disputes that involve Items that are not as described are ruled in favor of the Receiver as Full Refund, unless the Receiver indicates their desire to accept such Items at reduced cost. If this is the case, and a mutual agreement is reached between the Sender and Receiver, a Split ruling may be issued.

Cardsphere reserves the right to issue dispute rulings at the discretion of Cardsphere administrators.

Membership

Cardsphere may offer additional services to users who purchase Cardsphere Membership. Such users are called Member Users. For information on what features and functionality comprise the premium subscription tiers, please see our Membership page. Services offered to Member Users are subject to change without notice. Cardsphere Membership is provided to Cardsphere users on a recurring subscription basis. Cardsphere Membership is not transferable to another Cardsphere user.

Subscription

Cardsphere users can subscribe to purchase Cardsphere Membersip at any time from Settings page. At the time of subscription a user can choose a billing plan:

  • 30 days of Membership for $6 USD
  • 360 days of Membership for $60 USD

Cardsphere Membership subscription prices are subject to change with a 30 day notice. The cost of Membership is paid by the user from their stored value balance. The price amount corresponding to the chosen billing plan must be paid in full as a one-time charge. If the user's stored value baalance is insufficient, no charge will happen and no Membership will be purchased. Cardsphere will automatically re-new Membership no earlier than 72 hours before the expiry date of the current (active) Membership. Any time after 72 hours efore the expiry date of the current (active) Membership Cardsphere may attempt to bill the user, subject to avilability of the Stored Value balance. If Cardsphere is unable to bill the user in the amount corresponding to the chosen billing plan the Membership may evenually lapse and associated services will become unavailable. If Cardsphere Membership is allowed to lapse, it does not constitute implied cancellation of the subscription. The user may be billed according to their chosen billing plan at a later date, unless subscription is cancelled by the user.

Cancellation and Termination of Membership and Subscription

  1. No refunds for purchased Membership are offered under any circumstances.
  2. Users can cancel Membership subscriptions at any time. Current (active) Membership will remain in effect until it expires.
  3. Cancelling your subscription is your sole responsibility. A request transmitted via any medium (email, chat, phone, etc.) to change the status of your account is not considered cancellation. You can cancel your account at any time on your Settings page.
  4. Any data, access, resource or functionality granted to you via the Subscription may not continue to be available to you until subscription resumes. Restoration of former settings or data is not garraunteed in all cases.

Accuracy, Completeness and Timelines of Information

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

Modification to the Service and Prices

Prices for our Service are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Optional Tools

We may provide you with access to third-party tools which we do not monitor and have no control over or input into.

You acknowledge and agree that we provide access to such tools as is and as available without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-party Links

Certain content, products, and services available via our Service may include materials from third parties and other users.

third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example user-to-user messaging or contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

  1. to maintain any comments in confidence;
  2. to pay compensation for any comments; or
  3. to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the website is governed by our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene or immoral purpose; or
  11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Cardsphere Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Cardsphere Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Taxes and Duties

Depending on your place of residency and the applicable laws and regulations your activity on Cardsphere may be interpreted as buying and selling goods. Where this is the case, you may need to report and pay any outstanding sales taxes and/or income taxes owed to any level of government if any such liability arises as a result your activity on Cardsphere. Please consult your local authorities on this subject.

You are also required to pay any import taxes and duties on the items you receive.

Cardsphere is not responsible or liable for any taxes, duties, fees, penalties and other payments to third parties if such liabilities to arise from your activity on Cardsphere.

Cardsphere provides you with your activity history to help you make any necessary determinations.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario, Canada, where Cardsphere Inc. main office is located.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Magic: the Gathering

Magic the Gathering images, logos and all associated marks, logos, places, names, creatures, races, characters, products and illustrations are the proprietary property of © 1995-2012 Wizards of the Coast LLC, a subsidiary of Hasbro, Inc. All Rights Reserved, and are protected by copyright, trademark, and other intellectual property laws.