Last Updated: September 23, 2021

Welcome to Cards & Treasure! To make these Terms of Service (the "Terms") easier to read, we will sometimes refer to Cards and Treasure Inc. (including our directors, officers, members, managers, employees, affiliates, successors and assigns (each, a "Cards & Treasure Representative") as "Cards & Treasure", "our", "we", or "us"; we will refer to you as "you" or a derivative of you; and we will refer to a user who creates an account with us as a "User(s)".

Please review these Terms, the Cards & Treasure Privacy Policy ("Privacy Policy" located at https://help.cardsandtreasure.com/en/articles/5544496-privacy-policy), and all other policies and rules published by Cards & Treasure ("Other Policies") before you begin using Cards & Treasure’s App because the Terms, Privacy Policy, and Other Policies create a legal agreement between you and Cards & Treasure. By using Cards & Treasure, you accept and agree to be bound and abide by these Terms, our Privacy Policy, and our Other Policies, each of which are incorporated herein by reference. If you do not agree to these Terms, our Privacy Policy, or our Other policies you are not allowed to, and you must not, access or use Cards & Treasure.

General

About the App

Cards & Treasure is a software-based service accessible via our websites and mobile applications (cumulatively, the "App") that allows Users to read, listen to and watch content related to trading cards, collectibles and sports. The App also allows Users to purchase trading cards, other collectibles and related merchandise (a “Purchase”).

Privacy Policy

Our Privacy Policy describes what information we collect from you, how we collect information from you, and how we use and share information we collect from you. For more information, please visit our Privacy Policy.

Eligibility to Use the App

You must be at least 18 years old in order to create an Account or use the App. By using the App, you represent and warrant that you are at least 18 years of age, and meet all of the eligibility requirements of these Terms. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and provisions of these Terms, you must stop using the App immediately.

Account Information and Right to Use the App

Account Creation and Profiles

The App allows a User to create a Cards & Treasure account ("Account"). A User may create an Account by supplying their first name, last name, email address, and selecting a username and password. To make a purchase, Users must also supply their billing and shipping details. For the purposes of these Terms, all of this supplied information will be considered "User Information".

Please Note: While Cards & Treasure collects User Information, it makes no effort or attempt to verify or ensure such User Information is correct, accurate, complete and not misleading.

It is a condition of your use of the App that all the User Information you provide is current, complete, accurate, and not false or misleading. You agree that all User Information you provide to register with the App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your User Information consistent with our Privacy Policy.

You are prohibited from creating multiple Accounts with different email addresses and/or usernames.

Account and User Information Protection

It is your responsibility to protect your personal data and maintain the confidentiality of your User Information. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or User Information, or any unauthorized breach of your Account or User Information.

You also acknowledge that your Account and User Information is personal to you and agree not to allow any other person to access the App or any portion of it using your User Information. In the event you share your Account or User Information with others, you do so at your own risk and still are liable for all use of your Account and User Information, even if such use was not authorized.

We have the right to disable any Account at any time in our sole discretion, for any or for no reason, including if, in our opinion, you have violated any provision of these Terms.

Unauthorized Use of Your Account

Cards & Treasure will not be liable for any loss that you may incur as a result of someone else using your Account or User Information, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney's fees for your failure to safeguard your User Information and/or promptly notify Cards & Treasure about unauthorized use of your Account or breach of your Account information or password.

No Guarantee of Access

We reserve the right to withdraw or update the App, and any feature or material we provide as part of the App, in our sole discretion without notice. In addition, the App may automatically be upgraded and updated without notice to you. We will not be liable if for any reason if all or any part of the App is unavailable at any time or for any period.

Use and Access Restrictions

We reserve the right to refuse the use of, or access to, the App to anyone, for any reason, at any time. From time to time, we may restrict access to the App, or any portion thereof, to Users, including registered Users. We may, in our sole discretion, terminate your right to use the App with or without cause at any time, and may prevent your future use of the App. You may terminate this Agreement by simply discontinuing use of the App.

Your Responsibilities Before and After Termination

Cards & Treasure has no obligation to retain, maintain or provide you with copies of your Account Information (as defined below), User Information, or otherwise. "Account Information" is an encompassing term that is meant to include your User Information, Purchase history, comments and conversations in the App, uploads of personal media to the App, if and when such functionality becomes available on the App, and similar information concerning the App and your App usage. This list is meant to be illustrative and not exhaustive. Cards & Treasure shall not be liable to you for any deletion, loss, corruption or withholding of your Account Information or User Information. You are solely responsible to copy and maintain all Account Information and User Information contained in your Account and Profile.

In the event that you terminate your Account, or we terminate your right to use the App, Cards & Treasure may restrict your access to any Account Information, User Information or material that you may have used or stored in the App.

Use Requirements

You agree that you will not:

  • Use the App for any unlawful purpose or for the promotion of illegal activities;

  • Use the App to, or to attempt to, harass, abuse, or harm another person or group;

  • Provide others with access to or use of your Account, or use the Account or any other User without permission;

  • Provide false or inaccurate information in the App or in your Account;

  • Use the App for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

  • Make any automated use of the App, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on the App;

  • Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent;

  • Copy, adapt, modify, create derivative works of, distribute, sell, or lease any part of the App or materials we provide as part of the App;

  • Reverse engineer or attempt to extract the any source code of the App, unless applicable laws prohibit these restrictions, or you have our written permission to do so;

  • Use any software, technology, or device to scrape, spider, or crawl the App or harvest or manipulate data;

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

  • Bypass any measures we take to restrict access to the App;

  • Create multiple accounts for yourself on the App;

  • Otherwise interfere or attempt to interfere with the proper functioning of the App.

  • Unauthorized use may result in criminal and/or civil prosecution under federal, state and local laws. If you become aware of misuse of our App, please contact us at security@cardsandtreasure.com .

Your Rights to Use the App

These Terms permit you to use the App for your personal use only, in accordance with the terms herein. Subject to these Terms, we hereby grant you a limited, revocable, personal, non-sublicensable, non-transferable, and non-exclusive license to access and use the App. You will use the App in full compliance with all applicable laws and regulations with regard to your use of the Apps, including all applicable laws.

If you breach any of these Terms, your right to use the App will stop immediately. No right, title, or interest in or to the App, or any content on the App is transferred to you.

We reserve all rights that are not expressly granted to you under these Terms.

User Interactions

Interactions with other Users

Cards & Treasure has built the App with features that provide Users with the ability to connect and chat with other Users. The degree to which Users may interact and know each other's identity or identifying information and the degree to which Cards & Treasure helps facilitate User interactions may vary from time to time, but at no time shall Cards & Treasure require that Users interact with each other outside of the App.

YOU SHOULD PROTECT YOURSELF AT ALL TIMES, USE YOUR BEST JUDGEMENT AND TAKE GREAT SAFETY PRECAUTIONS WHEN MEETING OR INTERACTING WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND ANY INTERACTION YOU HAVE WITH ANY OTHER USER.

SUBJECT TO APPLICABLE LAW AND AS FURTHER PROVIDED IN THESE TERMS, CARDS & TREASURE IS NOT AND SHALL NOT BE LIABLE FOR, AND YOU HEREBY RELEASE AND HOLD HARMLESS CARDS & TREASURE FROM, ANY AND ALL LOSS, DAMAGE, HARM, INJURY, OR CLAIMS THAT ARISE FROM OR ARE RELATED TO USER INTERACTIONS, ENGAGEMENTS, OR OTHER USE OF THE APP.

Pricing and Billing

App Pricing

At this time, it is free to create an Account and use the App, however, Cards & Treasure may offer subscription memberships in the future to access premium features of the app and/or additional services.

Purchases

Users are required to pay all pricing and fees related to their Purchases. Prior to making a purchase Users are required to enter a desired payment method ("Payment Account").

Billing Authorization

You authorize Cards & Treasure and/or its billing agent(s) to charge and/or place a hold your Payment Account in a manner consistent with the pricing and fees disclosed as part of your Purchases and/or your use of the App.

You authorize the party that issued your Payment Account to pay any amounts described herein without requiring a signed receipt, and you agree that your acceptance of these Terms is authorization to the issuer to pay all such amounts.

You authorize Cards & Treasure and/or its billing agent(s) to continue to attempt to charge your Payment Account all amounts described herein, or any portion thereof, until such amounts are paid in full.

If the Payment Account on file is declined or otherwise rejected for any fee or membership charge, the User shall have 7 days to provide updated information and payment. Failure to cure any such non-payment within the 7-day grace period may, at Cards & Treasure's sole discretion, result in termination of your Account without any refunds. If a User wishes to reactivate their Account after deactivation from failure to pay a fee or for a Purchase, they will be required to satisfy any debts owed to another User or to Cards & Treasure before a new Account can be created.

Purchases

Cards & Treasure Responsibilities

Cards & Treasure is only responsible for the commercially reasonable accuracy of an item's description in the App.

Cards & Treasure will use commercially reasonable efforts to preserve and protect the quality of all cards and/or collectibles that it handles as part of the unboxing and/or shipping process.

Return Policy

All Purchases are final with no returns or refunds permitted, except for Purchases that involve a group buying and/or a live breaking (unboxing) event whereby Cards & Treasure will refund Purchases where the live event is delayed or rescheduled for more than seven (7) days beyond the original live breaking (unboxing) scheduled date.

Users who are not able to attend the live (unboxing) breaking event where an item they Purchased is unboxed, can watch a recorded video of the live event which will be posted to one or more of our social media accounts. Videos will be maintained for a minimum of thirty (30) days. Users can see what cards or collectibles they got from the unboxing in the live event or by rewatching the recorded video.

User Acknowledgements

User acknowledges that Cards & Treasure is not responsible for,

  • The specific contents of any third-party manufacturers’ sealed packs, boxes or cases of collectible cards or memorabilia;

  • The specific contents of any packs, boxes or cases of cards and/or other collectibles that were created by Cards & Treasure (provided the contents are reasonably consistent with the item’s description in the App);

  • How teams and/or specific cards and/or collectibles are assigned to Users in a group break (provided Cards & Treasure follows the team and/or card assignment practices detailed in an item’s description);

  • The quality of any individual cards and/or other collectibles;

  • Any opinions or representations made as to the quality or estimated value of any items, cards and/or collectibles.

User acknowledges that collecting cards and/or other collectibles from sealed packs, boxes and cases involves randomness and that they are not guaranteed any specific card, collectible or minimum sale value in a secondary market. User further acknowledges that in a group break it is possible to not be assigned or get any cards whatsoever.

User agrees to not return, request a refund or attempt a chargeback with a payment provider because they are unhappy or disappointed with the specific card(s) and/or collectible(s), or lack thereof, they received as part of a Purchase. User further agrees to not return, request a refund, or attempt a chargeback with a payment provider because they are unhappy or disappointed with the quality of any specific card(s) and/or collectible(s) they received as part of a Purchase. If you have specific reason to believe that Cards & Treasure failed to treat an item with commercially reasonable care, please contact us at help@cardsandtreasure.com.

Shipping

Cards & Treasure will use commercially reasonable efforts to ship all Purchases within two (2) business days of the live breaking event where a given item is unboxed. All shipments will be made with a service level that includes package tracking, but without signature or insurance. Users who wish to upgrade their shipping to include insurance and/or signature requirements must notify the company at help@cardsandtreasure.com or via our web chat in the App immediately following the live event at which their Purchase was opened. In certain Purchases it is possible that only cards with a minimum commercial value with ship (“Hits”) - such shipping terms will be specified in the relevant item’s description.

Terms of Delivery

United States and Canada: Cards & Treasure is responsible for shipping the goods to the User’s specific shipping address in the United States or Canada, and pays all costs in bringing the goods to the destination. Cards & Treasure is not responsible for lost or delayed packages, and User should follow-up with the relevant third-party shipping service in the event of such delays or lost packages.

Rest of the World: Cards & Treasure is responsible for shipping the goods to the User’s specific shipping address outside of the United States or Canada, except for costs related to import clearance including taxes, duties, brokerage and related fees. Cards & Treasure is not responsible for lost or delayed packages, and User should follow-up with the relevant third-party shipping service in the event of such delays or lost packages.

Intellectual Property and Account Information

Intellectual Property Ownership

Cards & Treasure is the sole owner of all right, title, and interest in and to the App, including all software and technology therein, as well as any and all intellectual property rights arising therefrom. Except as otherwise provided herein or as authorized in writing by Cards & Treasure, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products, materials, or services obtained from the App.

Any use of the App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. We reserve all rights that are not expressly granted to you under these Terms.

Cooperation with Law Enforcement

Without limiting any term or provision of these Terms, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting or purchasing any items on or through the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Copyright Complaints

All material or information that you post to the App must comply with U.S. copyright law, depending on jurisdiction. If you are the copyright owner or an agent thereof and believe, in good faith, that any materials currently being used in connection with the App infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to Cards & Treasure's designated copyright agent at legal@cardsandtreasure.com:

  • The date of your notification;

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

  • A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

  • Information reasonably sufficient to permit Cards & Treasure to contact you, such as an address, telephone number, and/or email address;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Liability, Indemnification, and Disputes

Assumption of Risk

You agree and acknowledge the world is a dangerous place and you must use a great deal of care and caution in all interactions with other Users, whether such interactions occur by phone call, electronic communication outside of the App, or in-person interactions. While Cards & Treasure does not encourage and may not even facilitate User communications outside of the App, in the event that Users do interact, Cards & Treasure encourages all Users to take proper precautions. If the identity of another User is discovered and leads to an interaction that either User considers inappropriate for any reason, Cards & Treasure encourages the User to contact us at security@cardsandtreasure.com.

BY USING THE APP YOU ARE ACKNOWLEDGING THAT YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE APP.

No Warranties

THE APP, AND ANY CONTENT OR INFORMATION THEREIN, INCLUDING ANY PRODUCT VERIFICATION, HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY CARDS & TREASURE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. CARDS & TREASURE MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE APP, THE USE OR PERFORMANCE OF THE APP, PRODUCT VERIFICATION, HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY CARDS & TREASURE. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE APP (INCLUDING ANY CONTENT AND INFORMATION THEREIN), ANY ITEM VERIFICATION, HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY CARDS & TREASURE,CARDS & TREASURE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CARDS & TREASURE MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP, ITEM VERIFICATION, HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY CARDS & TREASURE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE APP OR FROM ANY ITEM VERIFICATION, HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY CARDS & TREASURE.

SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Disclaimers of Liability

IN NO EVENT SHALL CARDS & TREASURE BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, LOSS OF PROFIT, LOSS OF DATA, OR PUNITIVE DAMAGES, HOWEVER ARISING.

CARDS & TREASURE SHALL NOT BE RESPONSIBLE TO YOU OR ANY OTHER PARTY FOR ANY LIABILITY OR DAMAGES ARISING FROM OR IN RELATION TO YOUR USE OF THE APP, WHETHER ARISING FROM A PURCHASE OR OTHERWISE. THIS DISCLAIMER INCLUDES ANY AND ALL LIABILITY AND DAMAGE ARISING FROM HARM OR LOSS TO YOU, YOUR PURCHASED ITEM(S), YOUR REAL OR PERSONAL PROPERTY. ADDITIONALLY, CARDS & TREASURE SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES ARISING FROM ANY SUSPENSION OR TERMINATION OF YOUR ACCOUNT, INABILITY TO ACCESS YOUR ACCOUNT, ABILITY TO USE THE APP, OR ANY FAILURE, ERROR, OMISSION, INTERRUPTION, OR DEFECT OF THE APP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Limitation of Liability

CARDS & TREASURE’S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE LESSER OF THE TOTAL AMOUNT PAID BY YOU TO CARDS & TREASURE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH LIABILITY, OR $500.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Indemnification by You

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CARDS & TREASURE (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, EXPENSES, LOSSES, OR OTHER AMOUNTS (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY CARDS & TREASURE THAT ARISE FROM ANY CLAIM, DEMAND, OR CAUSE OF ACTION RELATING TO (1) YOUR USE OF THE APP, INCLUDING WITH RESPECT TO ANY PURCHASE IN WHICH YOU ARE INVOLVED, (2) OUR USE OF YOUR ACCOUNT INFORMATION, (3) YOUR DISPUTES WITH OTHER USERS, (4) ANY OTHER USER'S ACTIONS OR OMISSIONS, AS THEY RELATE TO YOU, (5) YOUR BREACH OF THESE TERMS, (6) YOUR BREACH OF THE OTHER POLICIES, (7) YOUR MISUSE OF THE APP, (8) YOUR VIOLATION OF ANY LAW, OR (9) YOUR VIOLATION OF ANY OTHER USER'S OR THIRD PARTY'S RIGHTS.

Limitation on Time to File Claims

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO OR ARISING OUT OF YOUR USE OF THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Force Majeure

CARDS & TREASURE SHALL HAVE NO LIABILITY FOR DELAYS OR FAILURE TO MEET RESPONSIBILITIES FROM ANY CONDITION OR EVENT THAT IS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO GOVERNMENTAL ACTION, ACTS OF TERRORISM, ACTS OF NATURE INCLUDING EARTHQUAKES, FIRE, FLOOD, PANDEMICS, OR OTHER ACTS OF GOD; OR LABOR CONDITIONS. THIS LIST IS MEANT TO BE ILLUSTRATIVE AND IS NOT EXHAUSTIVE.

Governing Law and Jurisdiction

Any claim relating to the App shall be governed by the laws of Quebec, Canada, without regard to any conflict of law provisions. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

Cards & Treasure Giveaways

From time to time, Cards & Treasure may offer promotional contests (a "Contest"). The rules of a given Contest are subject to change from time to time, and Users are responsible for reviewing these Terms and any other rules, terms, or notices provided to further educate Users with regards to a Contest.

All applicable laws and regulations apply to Contests. Participation in Contests by Users is further evidence of acceptance of these Terms, our Privacy Policy and Other Policies. Cards & Treasure Representatives may not participate in Contests. Similarly, immediate family members are prohibited from participating in Contests.

Odds of winning will vary depending on the number of eligible entries received for each Contest. Cards & Treasure will notify the winner(s) of each Contest by sending an email to the e-mail address provided by the User, sending an in-App notification, or announcing the winner(s) in a live stream. The winner(s) must confirm their identity and entry following being announced as a winner of a contest. The failure to confirm following an attempted notification will result in forfeiture of the Contest prize. By entering a Contest, all entrants agree that Cards & Treasure may provide the User's first name and/or username, in a publicly available winners' list. Any other personal information provided by entrants is subject to our Privacy Policy and Other Policies.

Contest prizes shall be determined solely by Cards & Treasure. The value of a Contest prize may vary and is determined at the time of Contest announcement, and Contest entrants recognize that the value of the Contest prize may drop over time due to market conditions. Cards & Treasure reserves the right to substitute an advertised Contest prize with a prize of equal or greater value than the advertised prize. This determination is at Cards & Treasure's sole discretion, is final, and cannot be challenged or appealed.

All state, federal and local taxes, fees, and charges apply and are the sole responsibility of the Contest winner. Failure to comply with these Terms may result in forfeiture of a Cards & Treasure prize.

Miscellaneous

Contact Information

Cards and Treasure Inc., a Quebec corporation, is the official legal name of Cards & Treasure. Our operations in the United States are managed by our affiliate Cards and Treasure USA Inc., a Delaware corporation. Please send all feedback, comments, requests for technical support, and other communications relating to the App to: help@cardsandtreasure.com.

Enforceability

Even if Cards & Treasure does not require strict compliance with these Terms in each instance, you are still obligated to comply with these Terms. Our failure to enforce, at any time, any of the provisions, conditions, or requirements of these Terms, or the failure to require, at any time, performance by you of any of the provisions of these Terms, will in no way waive your obligation to comply with any of the provisions of these Terms, or our ability to enforce each and every such provision as written.

Any and all waivers by Cards & Treasure of any provision, condition, or requirement of these Terms will only be effective against Cards & Treasure if it is in writing and signed by an authorized officer of Cards & Treasure. No waiver by Cards & Treasure of any term or condition set out herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cards & Treasure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Links to Third-Party Websites, Applications, Software, or Content

As part of the App, we may provide you with convenient links to third-party website(s) as well as content or items belonging to or originating from third-parties (collectively, "Third-Party Content"). These links are provided as a courtesy to Users. Cards & Treasure has no control over Third-Party Content or the promotions, materials, information, goods or services advertised by or available from Third-Party Content. Such Third-Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by Cards & Treasure.

We are not responsible for any Third-Party Content posted on, available through or installed from the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Content. Our inclusion of, linking to, or permitting the use or installation of any Third-Party Content does not imply approval or endorsement by Cards & Treasure. If you decide to leave the App and access or use any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party site or application to which you navigate from the App.

Entire Agreement & Severability

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Cards & Treasure regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App. If any provision of these Terms is held by an arbitrator or court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. Our rights under these Terms will survive any termination of these Terms.

You Consent to Receive Electronic Communications

For contractual purposes, you (1) consent to receive communications from Cards & Treasure in an electronic form via the email address you have submitted; and (2) agree that all Terms, agreements, notices, disclosures, and other communications that Cards & Treasure provides to you electronically satisfy any legal requirement that such communication would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, consistent with and as described in more detail in our Privacy Policy.You may opt out of such email by selecting the opt-out link in our emails or sending notice of opt out to help@cardsandtreasure.com.

We May Amend the App and these Terms

We may update the App (including its content, materials, and features) from time to time. Please be advised that any content contained on the App may not necessarily be complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.

We may revise and update these Terms from time to time in our sole discretion. All changes become effective immediately when we post them and upon your continued use of the App.

It is your responsibility to check these Terms from time to time, so you are aware of any changes. If you continue to use the App after we post revised Terms, Privacy Policy, or other policy you signify your agreement to such revised Terms and policies. However, we shall notify you of material changes to the Terms or other policies by posting a notice in the App and/or sending an email to the email address you provided in your Profile upon registration. For this reason, you should keep your contact and profile information current. If, following such changes, you no longer agree to these Terms or the Privacy Policy, you must discontinue using the App.

General Acknowledgment

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY AT HTTPS://HELP.CARDSANDTREASURE.COM/EN/ARTICLES/5544496-PRIVACY-POLICY AND ANY OTHER TERMS PUBLISHED BY CARDS & TREASURE REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, AND SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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