Last Updated: May 1, 2022
1. Introduction, Acceptance, Definitions, and Modifications
Welcome to Cards & Treasure! Thank you for visiting the Cards & Treasure Website or Application. We hope that you will have a lot of fun using our Services to hunt and collect the cards you love.
THESE TOU CONTAIN A WAIVER OF JURY TRIAL AND A WAIVER OF CLASS ACTION THAT MAY DIMINISH OR AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE WAIVERS, AS FOUND IN SECTION 18, CAREFULLY.
To help you navigate these TOU, please refer to the following definitions for clarification:
“Application” refers to the free app for iOS or Android created and owned by Cards & Treasure, which allows you to access the Services from your Device.
“Break” refers to the practice of opening Sealed Wax in a live video stream, where Users have the option to pay for a spot in a Break (“Buy a Break” as defined below) and where that spot gives the User the right to certain Cards revealed through opening the Sealed Wax, subject to the specific terms of a given Break as detailed in the Application or on the Website.
“Buy a Break” (”Buy Breaks”; “Bought a Break”) refers to the action taken by a User to pay for one or more spot(s) in a Break, which action will entitle to the User to certain Cards as described in Section 9 below.
“Cards” refers to sports and other trading cards.
“Device” refers to the handheld or tablet device through which you may be accessing and using the Services through the Application. Note that a computer is not a Device. You are able to access the Services from a computer through the Website.
“Logged-In User” refers to a User who has logged in to the Services.
“Services” includes using our Website or our Application in order to participate in live video streams, Buy Breaks, purchase Cards, and purchase other collectibles, collectible services and related products, and other related activities.
“Sealed Wax” refers to sealed packs, boxes, or cases of Cards.
“User” refers to a member of the public who creates an account using the Website or the Application to make use of the Services. In this Policy, a User may be referred to as “you” or “your.”
“Website” is the website located at https://www.cardsandtreasure.com, which is operated by Cards & Treasure and includes all subdomains, present and future, where you can access the Services.
The Services are distributed by Cards and Treasure USA Inc., a Delaware corporation with a mailing address listed below. Where the present TOU refer to “Cards & Treasure” they may refer to Cards and Treasure USA Inc. and / or its parent companies, affiliates, subsidiaries and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Cards & Treasure and / or its Representatives.
Cards & Treasure reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL or in the Application itself. It is your responsibility to check the TOU periodically for changes. Your use of the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with Cards & Treasure, we will use commercially reasonable efforts to notify you by posting a prominent notice on the Application and the Website, and, if you are a User, by emailing you.
2. Contacting Us
If you have any questions about the TOU, please contact:
Cards & Treasure Legal Services
Cards & Treasure Legal Services
Boynton Beach, FL 33473
If you have any questions regarding the Services, please contact email@example.com.
3. General Code of Conduct for Use of the Services
In addition to the more specific rules found elsewhere in these TOU, you agree that by interacting with the Services in any way, you agree to:
(i) Not use the Services in any manner that in any way violates these TOU or any other applicable policy posted on or in the Services by Cards & Treasure;
(ii) Not use the Services in any manner that violates any intellectual property rights of Cards & Treasure or any third party;
(iii) Not use the Services in any manner to propagate spam, including, but not limited to, unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
(iv) Not use the Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Cards & Treasure or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether personal data or not) of Cards & Treasure, other Services users or any other third party;
(v) Not: (1) take any action that imposes or may impose (as determined by Cards & Treasure in its sole discretion) an unreasonable or disproportionately large load on Cards & Treasure’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Services or any activities conducted on or via the Services; (3) bypass any measures Cards & Treasure may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Services; or (5) harvest or scrape any content from the Services in an unreasonable manner;
(vi) Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Services;
(viii) Not use the Services to advertise or promote products or services that are not expressly approved in advance in writing by Cards & Treasure, or as permitted by these TOU;
(ix) Not interfere with any third party’s use or enjoyment of the Services;
(x) Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
(xi) Not attempt to do any of the foregoing prohibitions;
(xii) Use the Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
4. Device Requirements
In order to use the Application, you will be required to have a Device that meets these minimum requirements: an iPhone running the latest iOS operating system, or an Android Device running the latest Android operating system. Notwithstanding the foregoing, your Device may not have the required hardware or software to run the Application and Cards & Treasure makes no guarantees that it will be able to provide you with support if your Device is not running the latest iOS or Android operating system. Furthermore, Cards & Treasure and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your inability to use the Application because of your Device not having sufficient hardware or software to use the Application, and disclaims any responsibility in this regard.
5. Use of the Application
a. The Application is licensed, not sold. Cards & Treasure grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use the Application solely and exclusively for your personal use on your Device, or the use of any other third party with access to the Device that you control and with your permission, and as permitted by the Usage Rules set forth in the App Store Terms and Conditions for the iOS Application or the Google Play Terms of Service for the Android Application. The iOS App Store or Google Play or any other distributor for apps may be referred to in these TOU as a “Third-Party Application Distributor”.
b. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
c. You agree that you are solely responsible for (and that Cards & Treasure has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the TOU, and for the consequences (including any loss or damage, direct or indirect, which Cards & Treasure may suffer) of any such breach. Where a third party uses the Application on your Device with your permission, you are solely responsible for conforming to these TOU and any breach thereof shall be your responsibility. Where a third-party gains control of your Device without your permission, we strongly suggest taking action (especially a remote wipe or other procedure to lock out your Device) as Cards & Treasure cannot be held responsible for any misuse of, or damage to, your Device (whether in relation to the Application or not) in such circumstances.
7. Accessing and Downloading the iOS Application from the Apple App Store, and Related Acknowledgements
a. You acknowledge and agree that (i) these TOU are concluded between you and Cards & Treasure only, and not Apple, and (ii) Cards & Treasure, not Apple, is solely responsible for the iOS Application and content thereof. Your use of the iOS Application must comply with the Apple Media Services Terms and Conditions, which you are responsible for reviewing from time to time.
b. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application.
c. Apple will have no warranty obligation whatsoever with respect to the iOS Application. As between Cards & Treasure and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Cards & Treasure, or as further specified and limited hereinafter.
d. You and Cards & Treasure acknowledge that, as between Cards & Treasure and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the iOS Application or your possession and use of the iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e. You and Cards & Treasure acknowledge that, in the event of any third-party claim that the iOS Application or your possession and use of the iOS Application infringes that third party’s intellectual property rights, Cards & Treasure, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, as specified elsewhere in these TOU.
f. You and Cards & Treasure acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these TOU as related to your license of the iOS Application, and that, upon your acceptance of these TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOU as related to your license of the iOS Application against you as a third-party beneficiary thereof.
g. You acknowledge that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Without limiting any other of these TOU, you must comply with all applicable third-party terms of agreement when using the Application.
i. You acknowledge that updates to the iOS Application are subject to the approval of Apple, and Cards & Treasure and its Representatives shall not be held responsible for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from any delay in the approval of updates by Apple.
a. Accounts and Passwords
As a User, in order to be able to use the Services, you will be required to create an account. Accounts are available to any individual who either: (i) downloads the Application from the iOS App Store or Google Play and who selects the option to create an account within the Application; or (ii) creates an account on the Website. Accounts may be approved or rejected by Cards & Treasure, which shall be at our sole discretion.
As part of the User account registration, you will be asked to create a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties (the Services will prompt you to create a password with at least one capital letter, one number and one symbol). You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your account, whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account. You will be able to change your password at any time.
Cards & Treasure reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including, but not limited to, whether you have violated the letter or spirit of the TOU or any other agreement you may have entered into with Cards & Treasure, as more fully described herein below.
b. Account Information
By submitting User Account Information, you represent and warrant that the User Account Information is true and accurate to the best of your knowledge. Submitting false or misleading User Account Information may result in you being banned from using the Services, at our sole discretion.
If you are a Logged-In User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. Cards & Treasure and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your User Account Information and accessing your account through any means, and disclaims any responsibility in this regard.
9. Payment, Billing and Shipment
The purchase and sale of Cards using the Services proceeds as described in this section and in the “Rules of Play” tab accessible in the Application or on the Website.
b. Payment is Not Required
You can enjoy our Services without making any purchases or inputting any payment information to your account. The Services can be used simply to watch Breaks, as well as to access recorded versions of those Breaks.
c. Participating in a Break – Reserving Your Spot
If you want to purchase Cards through participation in a Break, you can select the Break that interests you and pay for your spot by selecting “Buy Break”. There are a limited number of Breaks happening at any given time and the number of spots available in any given Break is also limited.
The details and characteristics of each Break can be found on the Application or Website. For example, details and characteristics may include, although are not limited to: (i) the type of Break and the specific terms associated with that Break; (ii) the price to Buy a Break; (iii) the number of spots; or (iv) the available Cards. It is your responsibility to verify these details and characteristics before selecting to Buy a Break. Once payment is made, your participation in the Break that you selected cannot be modified or cancelled, and your purchase is final. Cards & Treasure does not offer any refunds, except as provided for below in the section entitled “Refund for Low Participation”.
The specific Cards that you will receive will be revealed during the Break and Cards & Treasure will use commercially reasonable efforts to ship you your Cards within 2 business days of the Break. As a benefit to Users who Buy Breaks, Cards & Treasure may scan select Cards it deems of greater interest and/or value than the average Card (“Hits”) and upload those scanned Hits to the Services, which all Users will be able to see on the Hits page. Your username will be associated with the Hit that you have received on the Hits page. The definition of a Hit and the scanning of Hits is a discretionary decision made by Cards & Treasure.
Purchasing Cards in Sealed Wax does not guarantee you any specific Card. Manufacturers of Sealed Wax print the array of possible contents of the Sealed Wax on the Sealed Wax packaging and on their website. It is your responsibility to know what types of Cards may be available in any given Break based on the Sealed Wax listed as included in the Break and what is disclosed by the Sealed Wax manufacturer on their website. By reserving a spot in a Break, you acknowledge that (i) you understand this process; (ii) you authorize us to open the Sealed Wax on your and other Break participants’ behalf; and (iii) you authorize us to distribute the contents of the Sealed Wax based on the terms of the Break. You further acknowledge that Cards & Treasure has no control over the specific Cards you will get. If you are ever unclear on what Sealed Wax is included in a given Break, you should not pay for a spot in that Break and you should seek clarification from us by chat or email.
Breaks frequently involve multiple Users sharing the contents of the Sealed Wax based on the details and characteristics of the Break as described in the Application or on the Website. For example, a “Random Team” Break involves each User being randomly assigned one or more sports teams and each User then getting all the Cards associated with that team when the Sealed Wax is opened during the Break. Depending on the terms of any given Break and the contents of the Sealed Wax, it is possible that you may not be eligible to receive any Cards from a given Break. For example, in a “Random Team” Break involving baseball Cards, you may be randomly assigned the New York Yankees. Since there may be no guarantee from the Sealed Wax manufacturer that there will be any New York Yankees Cards in the Sealed Wax opened during the Break, it is possible that your spot in the Break will yield you no Cards. In the event you are not eligible for any Cards in a given Break as described above, Cards & Treasure will supplement the Break with additional cards of our choosing, based on availability, and we will ship you a minimum of one Card, or, prior to the Break we may specify, at our sole discretion, what other products or compensation we may offer to Users who get no Cards in a given Break.
If you are not comfortable with the inherent lack of control over what Cards you will get from Buying a Break, then you should not Buy a Break. If you do Buy a Break, you acknowledge that there is no guarantee that you will receive any specific Cards or that you will be satisfied with the specific Cards that you receive. Cards & Treasure and its Representatives make no guarantee as to the type or quality of Cards that you will receive or with respect to your experience participating in a Break and hereby disclaim any responsibility in this regard.
Once you, as a User, Buy a Break, you are entering into a contract with Cards & Treasure to pay the specified amount for your spot and for the Cards affiliated with your spot that you will receive following the Break.
All Payment Information is collected by the Third-Party Payment Processor on their own secured servers. Cards & Treasure does not have access to any credit card or third-party payment facilitator information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processor. Non-financial information will, however, be available to Cards & Treasure for record-keeping purposes.
e. Pricing and Taxes
Prices displayed through the Services are firm and in United States dollars. Prices do not include applicable sales taxes, which shall be displayed during the checkout process, depending on your location.
f. Promotion & Discount Codes
From time to time, at its sole discretion, Cards & Treasure may offer promotions or discounts. It is your responsibility to determine whether there are any promotion or discount codes available for use and to input such codes when paying to Buy a Break. Cards & Treasure does not guarantee that it will offer any promotion or discount codes and cannot apply any promotion or discount codes retroactively if you fail to input a code when one was available.
g. Breaks That Do Not Sell Out
If all the spots in a Break do not sell out prior to its scheduled live stream time, we may still choose to run the Break or we may choose to reschedule for a later date. If we run a Break that is not sold out, then there will be unallocated teams that may produce Hits. Any Hits from unallocated teams will always be given away either to Users and/or not-for-profit organizations and will never be kept or sold for Cards & Treasure’s financial benefit. How and when we give away any such unallocated Hits shall be at our sole discretion and may change from time to time.
h. Refund for Low Participation
If all the spots in a Break do not sell out prior to its scheduled live stream time and the Break is rescheduled for more than 7 days after its originally scheduled time, then you may request a refund for your spot in the Break and we will refund your payment to your original payment method. If a Break is cancelled by us (and not rescheduled), we will automatically refund all Users who have Bought a Break to their original payment method. Otherwise, all purchases are final.
i. Shipping and Delivery of Products
Cards & Treasure will use commercially reasonable efforts to package your Cards in a way that protects their form and integrity during shipment; nevertheless, we cannot guarantee the Cards’ quality upon arrival, as the Cards may be damaged in the manufacturer’s original packaging, in the process of packaging and shipping them or in transit to you by the Carrier (as defined below).
Cards & Treasure will use commercially reasonable efforts to ship you your Cards within 2 business days of the Break via various third-party shipping carriers (the “Carriers”). All shipments will include tracking numbers that will be sent to you via email.
The cost of shipping is described in the “How We Ship” page of the Application and the Website, within our “Rules of Play” tab. Shipping fees will be displayed on the checkout page prior to completing your purchase and charged to your credit card or third-party payment facilitator upon checkout. We do not cover duties and any other shipping fees for any shipments outside the United States and Canada. These duties and fees are your responsibility, and you can check with your country’s customs office to determine if there will be additional costs. Shipping insurance is not included in the cost of shipping, although we can arrange for it on your behalf – message us on the day or night of your Break if you would like us to arrange for shipping insurance and all related fees will be charged to you.
Once we deliver your Cards to the Carrier, subject to applicable law, we deem your Cards to have been delivered and risk of loss, damage or destruction shall pass on to you. Any claims for lost shipments should be taken up with the applicable Carrier. Cards & Treasure shall in no way be held responsible for (i) any damages resulting from any error or failure on the part of any Carrier; (ii) any shipping insurance fees, or any other duties or shipping fees; or (iii) any issues with shipment not expressly addressed in this subsection.
10. User Content Policy, and Related Copyright and Intellectual Property Rights
If you are a Logged-In User, you may use the Services to create, submit, communicate, and / or upload certain content including, but not limited to, (i) reviews of and comments on Breaks or Cards; and (ii) public or private chats with other Users, which may include text and written posts and comments, as well as images, video clips and descriptions of Cards. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content through and to the Services, you agree to be bound by the Cards & Treasure policy for User Content as described in this section (the “User Content Policy”).
When you submit User Content, you acknowledge and agree to the following:
(i) User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any written text, photographs, or audio or video clips submitted are your own original works or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Cards & Treasure to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information, images, or sounds (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these TOU;
(ii) You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to Cards & Treasure, you hereby grant Cards & Treasure a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Services and / or Cards & Treasure's (and its successors' and affiliates') business or activities, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels without any compensation to you. You understand and agree that Cards & Treasure may retain, but not display or distribute, server copies of User Content that have been removed or deleted;
(iii) You also hereby waive any moral rights you may have in your User Content and grant other Users a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content as permitted through the functionality of the Services and under these TOU;
(iv) The licenses granted by you in the previous two paragraphs with respect to the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media, as applicable;
(v) You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortious. Furthermore, you will not upload any User Content that is racist, sexist, homophobic, or otherwise offensive to any minority or group; contains any adult content or political militancy; or upload any User Content that contains any viruses, commercial solicitation, mass mailing, chain mailing or any other form of spam;
(vi) You will not misrepresent your affiliation with another person, or impersonate another person or legal entity, or give the impression or insinuation your User Content originates from Cards & Treasure;
(vii) You will not include in User Content links to any third-party website that is a spam or phishing website, to any website that sells goods or services, or to any website that may violate any applicable law.
Where you are accessing or downloading User Content of another User, you acknowledge that any use of User Content accessed or downloaded by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and Cards & Treasure disclaims any responsibility in this regard.
If you believe that a User has posted User Content that violates this User Content Policy, please contact us so that we may conduct an inquiry. Cards & Treasure retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.
User Content is not edited, curated or otherwise modified or checked by Cards & Treasure prior to posting. However, Cards & Treasure reserves the right, in its sole discretion, to remove or modify immediately and without notice any User Content that violates the User Content Policy.
Please note that the User Content posted on the Services does not constitute advice or endorsement from Cards & Treasure and any User Content is intended for informational purposes only. User Content is created by Users and reflects their views and experiences with using or making purcahses through the Services. Any statements, advice, opinions or tips included in User Content are those of the Users only.
Cards & Treasure, its affiliates and their respective Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard. To the fullest extent permitted by law, Cards & Treasure assumes no liability or responsibility to any person with respect to any User Content including, but not limited to, defamation, errors, obscenity, falsehoods or omissions that may be encountered within any User Content.
11. Proprietary Rights
a. Intellectual Property Rights
You acknowledge that: (a) the Services, Application and Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Cards & Treasure, its Representatives and/or third parties (via license) own all right, title and interest in and to the Services, Application and Website and content that may be presented or accessed through the Services, Application or Website including, without limitation, all Intellectual Property Rights therein and thereto. The Application is being licensed to you and you hereby acknowledge that no title or ownership in the Application is being transferred or assigned and these TOU should not be construed as a sale of any rights in the Application. All rights not specifically granted under these TOU are reserved to Cards & Treasure and its licensors.
For the purposes of the present section and elsewhere in these TOU, “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.
You agree that you will not, and will not allow any third party, to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, Application or Website, or content that may be presented or accessed through the Services, Application or Website for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services, Application or Website; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services, Application or Website; or (iii) remove, obscure, or alter Cards & Treasure’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services, Application or Website.
The content, arrangement and layout of the Services, Application and Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Cards & Treasure, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Cards & Treasure, or as permitted by the functionalities of the Services, Application or Website or these TOU. Any unauthorized use of the content, arrangement or layout of the Services, Application or Website, Computer Code, images, logos, videos, audio or trademarks found on the Services, Application or Website or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Cards & Treasure may take action accordingly.
b. Submitted Information
If you choose to communicate to Cards & Treasure (via any means) suggestions for improvements to the Services or any idea or proposal related to Cards & Treasure or its businesses or properties (collectively, “Feedback”), Cards & Treasure shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Cards & Treasure and waive in favor of Cards & Treasure, its successors and assigns all your moral rights in the Feedback; and agree to provide Cards & Treasure such assistance as Cards & Treasure may require to document, perfect, and maintain Cards & Treasure’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Cards & Treasure, you are not entitled to any compensation or reimbursement of any kind from Cards & Treasure under any circumstances.
12. External Links and Services
In no way will Cards & Treasure be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
13. Interruption of Service
From time to time, the Services (or any portion thereof) may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, Cards & Treasure and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.
14. Termination of the TOU and Access to the Services
Cards & Treasure may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that Cards & Treasure and its Representatives shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from Cards & Treasure’s termination of the Services or any part thereof.
Termination of the Services or your access to the Services shall terminate the present TOU as between you and Cards & Treasure. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including, without limitation, the intellectual property provisions, disclaimers, indemnity and limitations of liability.
15. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, THE INFORMATION THEREON (WHETHER PROVIDED BY CARDS & TREASURE OR THIRD PARTIES) OR ANY ACTIVITY ARISING FROM YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION IN BREAKS OR YOUR PURCHASE OF CARDS) OR THE INFORMATION THEREON OR THE MATERIALS DOWNLOADED THEREFROM IS AT YOUR SOLE RISK. THE SERVICES, ANY MATERIALS DOWNLOADED THEREFROM, OR ANY THIRD PARTY MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES OR ANY OTHER FUNCTIONALITIES OF THE SERVICES, OR LOSSES OR DAMAGES (FINANCIAL OR OTHERWISE) RESULTING FROM YOUR USE OF THE SERVICES, THE INFORMATION THEREON, ANY MATERIALS DOWNLOADED THEREFROM, OR ANY ACTIVITY ARISING FROM THE USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION IN BREAKS OR YOUR PURCHASE OF CARDS).
THE INFORMATION OR RESOURCES PROVIDED THROUGH THE SERVICES, WRITTEN OR PRODUCED BY CARDS & TREASURE STAFF, FREELANCE WRITERS OR OTHER SUBCONTRACTORS HIRED BY CARDS & TREASURE ARE EXPECTED TO BE AS ACCURATE AS POSSIBLE AT THE TIME OF WRITING OR PRODUCTION, AND EVERY EFFORT HAS BEEN MADE TO ENSURE THAT THE INFORMATION FROM THE SERVICES IS AS ACCURATE AND UP-TO-DATE AS POSSIBLE. HOWEVER, CERTAIN INFORMATION MAY CHANGE, AND ERRORS OR OMISSIONS MAY OCCUR. CARDS & TREASURE AND ITS REPRESENTATIVES SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, FINANCIAL OR OTHERWISE, RESULTING FROM CHANGES OR ERRORS IN INFORMATION, OR ANY OMISSION, ON THE SERVICES OR THE INFORMATION THEREON, OR YOUR RELIANCE ON SUCH INFORMATION WHETHER THE INFORMATION IS CORRECT OR NOT.
CARDS & TREASURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE AND NON-INFRINGEMENT; WARRANTIES THAT THE SERVICES, THE INFORMATION THEREON OR ANY MATERIALS DOWNLOADED THEREFROM, AND ANY THIRD-PARTY MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE AND FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS; AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARDS & TREASURE AND ITS REPRESENTATIVES DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS OR OMISSIONS WILL BE CORRECTED; (III) ANY CONTENT (WHETHER PROVIDED BY CARDS & TREASURE OR THIRD PARTIES) AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES OR ANY CONTENT DOWNLOADED THEREFROM WILL MEET YOUR REQUIREMENTS.
SOME OF THE CONTENT DISPLAYED ON THE SERVICES MAY INCLUDE ELEMENTS THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT CARDS & TREASURE ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT A DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SERVICES AND ALL OPERATIONS ON THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
16. Limitation of Liability
IN NO CASE WILL CARDS & TREASURE OR ITS REPRESENTATIVES OR LICENSEES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER DAMAGES, OR FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO (I) YOUR ACCESS, USE, MISUSE OR INABILITY TO ACCESS OR USE THE SERVICES, OR (II) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE SERVICES; AND IN BOTH CASES (I) AND (II), REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TOU, IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (I) THE AMOUNT OF MONEY THAT YOU PAID TO BUY A BREAK PRECEDING THE EVENT FROM WHICH THE LIABILITY ARISES; OR (II) $100.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER CARDS & TREASURE NOR ITS REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, GENERAL CIVIL LIABILITY OR ANY OTHER CAUSE OF ACTION UNDER LEGAL OR EQUITABLE THEORY, RELATING TO THE SERVICES, THE INFORMATION ON THE SERVICES, YOUR USE OF THE SERVICES, ACTIVITIES ARISING FROM YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION IN BREAKS OR YOUR PURCHASE OF CARDS), ANY THIRD PARTY MATERIALS ON THE SERVICES, OR ANY MATERIALS DOWNLOADED FROM THE SERVICES. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY CARDS & TREASURE OR ITS REPRESENTATIVES; ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
18. Governing Laws and Jurisdiction; Waiver of Jury Trial and Waiver of Class Action
These TOU shall be governed by and construed in accordance with the laws of the State of New York, USA, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Services, you agree that any action at law or in equity arising out of or relating to these TOU or your use of the Services shall be filed and adjudicated only in the State or Federal Courts located in the State of New York, in Manhattan, and any appellate courts therefrom, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such court over any suit, action or proceeding arising out of these TOU or your use of the Services. Notwithstanding the foregoing, Cards & Treasure shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the New York court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce a judgment obtained against you in the New York court.
You and Cards & Treasure expressly disclaim applicability of the terms of the United Nations Convention of Contracts for the International Sale of Goods and any legislation implementing such Convention will not apply to these TOU, your use of the Services nor to any dispute arising therefrom.
YOU ACKNOWLEDGE AND AGREE THAT ANY DISPUTE WHICH MAY ARISE UNDER THESE TOU OR YOUR USE OF THE SERVICES IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TOU OR YOUR USE OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND CARDS & TREASURE WILL RESOLVE ANY DISPUTES, CLAIMS OR CONTROVERSIES ON AN INDIVIDUAL BASIS, AND THAT ANY CLAIMS BROUGHT UNDER THESE TOU OR YOUR USE OF THE SERVICES WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT ON BEHALF OF, OR AS PART OF, ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT CARDS & TREASURE AND YOU SHALL NOT PARTICIPATE IN ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE PROCEEDING (EXISTING OR FUTURE) BROUGHT BY ANY THIRD PARTY ARISING UNDER THESE TOU OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
19. Miscellaneous Provisions
(ii) Cards & Treasure shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Cards & Treasure’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
(iv) The failure of Cards & Treasure to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to Cards & Treasure.