Terms of Service
These terms are a draft prepared for attorney review. They are not legal advice and must not be relied on as final before counsel has reviewed them (spec §12.4).
Bracketed placeholders — [JURISDICTION], [ENTITY], [NOTICE ADDRESS] — must be settled before launch.
By creating an account on tradecards.gg ("the Service") you agree to these Terms.
1. We are a venue, not a party to your trades
tradecards.gg is a place where collectors find each other and arrange trades. Every trade is an agreement between two users. We are not a party to it, not a broker, not an escrow agent, not a consignee, and not a dealer. We do not take possession of any card, we do not inspect any card, and we do not guarantee that any trade will be completed, that any item is authentic, or that any user is who they say they are.
2. We do not process payments
The Service does not handle money. Where a trade involves cash, you transact directly with the other user through a third-party payment provider, subject to that provider's terms. We never see, hold, or route your funds.
Where cash is involved you must use PayPal Goods & Services. See the Trading Rules. Payments sent as Friends & Family have no purchase protection, and we cannot help you recover them.
3. Eligibility, and users aged 13 to 17
You must be at least 13 years old to use the Service.
If you are between 13 and 17, you may use the Service only with the consent and supervision of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your activity. Users under 18 may not enter into any trade with a declared total value above [MINOR VALUE CAP].
4. Your content
You keep ownership of the photographs and text you upload. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, resize, and display that content for the purpose of operating and promoting the Service. This licence ends when you delete the content, except for copies retained in backups or required for dispute records.
You must have the right to post what you upload. Do not upload photographs you did not take, or that show anything other than the items you are trading.
5. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that listings are accurate, that users are honest, that items are authentic or as described, or that the Service will be uninterrupted or error-free.
6. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS ($100) OR THE TOTAL FEES YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR THE VALUE OF ANY CARD LOST, DAMAGED, MISDESCRIBED, OR NEVER SENT BY ANOTHER USER.
Some jurisdictions do not allow these exclusions, in which case they apply to the fullest extent permitted.
7. Indemnification
You will indemnify, defend and hold harmless [ENTITY], its officers, employees and agents from any claim, demand, loss, liability or expense (including reasonable legal fees) arising out of your use of the Service, your trades, your content, or your breach of these Terms.
8. Release between users
Your dispute with another user is between the two of you. To the fullest extent permitted by law, you release [ENTITY] from all claims, demands, damages and liabilities of every kind arising out of or connected with any dispute between you and another user.
Waiver of California Civil Code §1542. If you are a California resident, you waive California Civil Code §1542, which reads:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
You waive any comparable provision of any other jurisdiction.
9. No fiduciary duty; no obligation to mediate
We owe you no fiduciary duty. We may, entirely at our discretion, look at a reported dispute and take action on an account, but we are under no obligation to investigate, mediate, arbitrate, or resolve any dispute between users, and nothing we do in one case obliges us to do the same in another.
10. Binding arbitration and class-action waiver
Please read this section carefully. It affects how disputes with us are resolved.
Any dispute between you and [ENTITY] arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by [ARBITRATION PROVIDER] under its then-current rules, rather than in court.
Class-action waiver. You and [ENTITY] each waive any right to bring or participate in a class, collective, consolidated or representative action.
Small-claims carve-out. Either party may bring an individual claim in a small-claims court of competent jurisdiction instead of arbitration.
Injunctive relief carve-out. Either party may seek injunctive relief in court to protect intellectual property or prevent unauthorised access.
Your 30-day right to opt out. You may opt out of this arbitration agreement by sending written notice to [NOTICE ADDRESS] within 30 days of first accepting these Terms. Your notice must state your account handle and your intent to opt out. Opting out does not affect any other part of these Terms.
11. Governing law and venue
These Terms are governed by the laws of [JURISDICTION], without regard to its conflict-of-laws rules. Subject to Section 10, you and we submit to the exclusive jurisdiction of the courts located in [VENUE].
12. Suspension and termination
We may suspend or terminate your account, remove content, or restrict access at our sole discretion, with or without notice, including where we believe you have broken these Terms or the Trading Rules, or where we consider it necessary to protect other users. You may close your account at any time.
Sections 5 through 11 survive termination.
13. Changes to these Terms
We may update these Terms. Material changes are versioned, and you will be asked to accept the new version before continuing to use the Service. The version you accepted, and when, is recorded.
14. Contact
[NOTICE ADDRESS]