Terms of Service
Bent Cardboard Card Services, LLC version 02.01
Last Updated: September 8, 2022
- Accessing the Service
- Risk and Insurance
- License to Access and Use Our Service and Content
- Third-Party Content and Services
- User Conduct
- Intellectual Property Rights
- Communication Preferences
- Assumption of Risk
- Limitation of Liability
- Modifications to the Service
- Dispute Resolution; Arbitration
- Governing Law and Venue
- Injunctive Relief
- California Residents
- Export Laws
Bent Cardboard Card Services, LLC welcomes you to our services provided in support by our website: www.bentcardboard.com, owned and operated by Bent Cardboard Card Services, LLC (“Bent Cardboard,” “we,” “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the Bent Cardboard website(s), mobile app (the “App”), and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation the submission of trading cards, or other such Collectables or other Items for grading, consignment, inventory and use of our tools, at your own discretion (collectively, the “Service”). “Collectables” or “Items” in these Terms means trading cards, sports memorabilia, antiques, or other items of value that may be graded by a professional grading service or sold to a third party directly or through a third party auction provider.
For purposes of these Terms, “user”, “you”, and “your” means you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 16 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.
BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Bent Cardboard is an authorized dealer of PSA and Certified Collectable Groups and is in the business of submitting Collectables to these professional grading service. Bent Cardboard’s status as an authorized dealer may change from time to time.
Bent Cardboard is not party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of any inventory Items from a user that has utilized the Site. Bent Cardboard is not responsible for your purchase from third-party sellers using the Service and we make no claims about the identity, legitimacy, functionality, or authenticity of users or Items or Collectables (and any content associated with such Items or Collectables) visible on the Service.
Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.
Bent Cardboard reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.
Your account on the service (“Account”) will be associated with your Items or Collectables that may be displayed on the Site (and, if applicable, any content associated with such Items). By using your Account in connection with the Service, you agree that you are using that payment processing service under the terms and conditions of the applicable provider of that payment processing service. Payment processing services are not operated by, maintained by, or affiliated with Bent Cardboard, and Bent Cardboard does not have custody or control over the contents of your payment processing service and has no ability to retrieve or transfer its contents. Bent Cardboard accepts no responsibility for, or liability to you, in connection with your use of any third-party payment processing services and makes no representations or warranties regarding how the Service will operate with any specific payment processing service. You are solely responsible for keeping your payment processing service secure and you should never share your related credentials or passwords with anyone. If you discover an issue related to your payment processing service, please contact your payment processing service provider. Likewise, you are solely responsible for your Account and any associated payments, and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or payment processing service being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bent Cardboard is not responsible for third party access to your account that results from theft or misappropriation of your account. Bent Cardboard and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Service. Without limiting the foregoing, by using the Service, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Service outside the United States, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.
Bent Cardboard may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, Bent Cardboard, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by Bent Cardboard. If you do not provide complete and accurate information in response to such a request, Bent Cardboard may refuse to restore your access to the Service.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Bent Cardboard, in its sole discretion, may elect to take.
We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use Bent Cardboard through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Service if you are under 13 years old.
Grading prices that are determined at the time an Item or Collectible has been graded by an authorized third-party grading service (i.e., Collector’s Universe, PSA, Certified Collectables Group, Beckett, and SGC) after a user places an order with the website or directly with Bent Cardboard is a “Variable Value Grading Service”. Grading prices that are determined at the time an order is made prior to being submitted to a third-party grading service for the grading of an Item or Collectible is a “Fixed Value Grading Service.” Grading price estimates may be provided by Bent Cardboard at the time a submission is made to an authorized third-party grading service and is subject to change. Grading prices for Variable Value Grading Services are based on the grades or overall values of the Items or Collectables after the Items or Collectables have been evaluated and graded. Grading Prices for Fixed Value Grading Services are based on prices by Bent Cardboard at the time of submission to a third-party grading service and are subject to change. All fees for Services are determined by the Company. All payments are final at the time of payment, and are not subject to any refund, for any reason. Any objections to the grading prices by the user must be made in writing and submitted to Bent Cardboard attn.: firstname.lastname@example.org within seven (7) days of receiving an invoice from Bent Cardboard. If the user does not submit a written objection to the grading prices in this timeframe, user agrees to be bound to the grading prices determined by Company and waives all objections to the grading prices.
Consignment prices are set in line with the Consignment Agreement and are determined by the Company.
Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice. The balance of the invoice price must be paid in full before the delivery of the graded Items or Collectables. If full payment is not made by the user, user agrees that Bent Cardboard is a debtor in possession of the graded Items or Collectables. All payments are due upon invoice unless written agreements are made prior. Any invoices not paid within 30 days of the invoice are subject to a late payment service fee of $50 as well as a late payment interest rate of not less than 10% APY or the actual interest payments forwarded by Company on behalf of user, whichever is greater.
Any invoices not paid within 60 days of the invoice shall be considered abandoned by the user. Once abandoned, the Company may use its discretion to sell or otherwise dispose of the graded Items or Collectables subject to the unpaid invoice as it sees fit to resolve any unpaid invoices. Where the graded Items or Collectables are sold, and a balance remains on unpaid invoices, those balances are still due to the Company while any amount collected over any unpaid portion of the invoice will be returned to user.
The user must, within 30 days of being notified of their availability, collect or accept delivery of the Items or Collectables which will only be released upon payment in full of any outstanding invoices. If the user fails to collect the Items or Collectables within 30 days of being notified of their availability, the Company may, at its discretion, mail the Items, at the Customer’s expense, to the billing address on file.
Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared
The Company maintains insurance to cover loss while the Items or Collectables are in transit to a third-party grading service from the Company and in transit to the user from the Company and while in Company possession. In the case of loss or damage while in Company possession the Company will make Client whole. In cases where a pregrade Item or Collectable review was completed and loss or damage occurred prior to the Item or Collectable being graded, the Company will reimburse the user the market value of the lower estimated grade at time the review was completed. In cases where no pregrade review was completed and loss or damage occurred prior to the Item or Collectable being graded, the company agrees to reimburse the user the fair market value of the Item as determined by the company wherein such value does not exceed the declared value as given to the company on their submission form. In cases were loss or damage took place after the Item or Collectable was graded, the user will be reimbursed the averaged fair market value of the Item or Collectable at time of damage as determined by the company. Notably, while the Item or Collectable is in possession by a third-party grading service, the third party grading service shall be responsible for any risk of loss or damage to the Item or Collectable under their possession or control. Any objections to the reimbursement amount(s) by the user must be made in writing and submitted to Bent Cardboard attn.: email@example.com within seven (7) days of receiving notice of reimbursement from Bent Cardboard. If the user does not submit a written objection to the reimbursement amount in this timeframe, user agrees to be bound to the reimbursement amount determined by Company and waives all objections to the reimbursement amounts.
From time to time, use of the Services herein requires that Bent Cardboard cracks a protective case to perform the services herein. User has agreed and requested Company to “crack” or remove such protective case from an Item or Collectable such as a trading card from an existing sealed case and user agrees that the Company is free from any liability, loss, or damage as a result of such case cracking. User agrees to waive any claim for damages pursuant to such case cracking service and user understand that this action holds a risk to damage of the card and that user shall hold harmless the Company for any damages to the Item or Collectable as the result of such case cracking.
Unless the user has inspected the Items or Collectables and given written notice to the Company within seven (“7”) days after delivery that the Items or Collectables do not comply with the relevant specifications or descriptions, the Items or Collectables are deemed to have been accepted in good order and condition. Where the user picks up the Items or Collectables from the Company, all inspections are expected to be completed onsite. Any Items or Collectables that leave the premises with the user are deemed to have been accepted in good order and condition.
The user (“Consignor”) may choose to consign Items or Collectibles with Bent Cardboard as Consignee, in exchange for good and sufficient consideration and the mutual promises and undertakings set forth in the following:
- Consignor warrants, covenants and agrees that the property, being sold is owned by Consignor and that there are no liens, judgments or other encumbrances against the ownership, including all rights of sale or transfer, of the consigned property. The parties agree that title to the consignment shall remain in Consignor until such consignment is sold in severable parts or in whole by Consignee.
- Description of Consigned Property. Consignor agrees to deliver, and Consignee agrees to accept for the purpose of sale on the terms and conditions hereinafter recited in this Agreement, any Items or Collectables that are provided with the intent of consignment.
- Consignor states and agrees that the description(s) of the consign Items or Collectables are true and correct to the best of Consignor’s knowledge and belief and further, that no undisclosed defects in such consignment are known to Consignor.
- Non-Exclusivity or Exclusivity of Agreement. Consignee shall have the exclusive right to market and sell the property described hereinabove. Consignor shall have the right to sell the property described hereinabove for his own account. If Consignor does sell the consignment listed in this Agreement, Consignee shall nonetheless be entitled to payment for the sale of such consignment on the terms and conditions of this Agreement.
- The offering price(s) are to be determined by Consignor. Consignee agrees to inform Consignor of bona fide offers to purchase the consigned Items or Collectables for prices less than the asking price set by Consignor. The consignor reserves the exclusive right to accept a price less than the offering price.
- Time of Payment(s) to Consignor. Consignor agrees that Consignee shall require and receive full payment on the sale of the consigned property prior to any obligation of Consignee to remit payment to Consignor for the same. Upon receiving full payment for such sale, Consignee shall remit the amount due to Consignor under this Agreement.
- Amount(s) of Payment(s) to Consignor. Consignor and Consignee agree that an amount of the selling price shall be due and payable to Consignor upon the sale of the property subject to this Agreement. The amount payable to Consignor shall be based on the type and value of each item. If Consignor sells the item in person or directly without the use of a third party the fee shall be 8% of the final item price. The use of a third-party service, such as eBay, fees shall be as follows, based on the final item price, or as otherwise agreed to by the parties:
below $500 – 20% + $0.50
$500-5000 – 15%
above $5000 – $450 + 3%
Consignee shall provide, upon request in writing, a written statement listing all sales made of the property subject to this Agreement including the dates of such sales, the total amount(s) received, and the amount due to Consignee.
- For each item unsold, the Consignee shall be provided the option to either pick up the items, pay return shipping, or abandon the unsold items. Any abandoned items shall immediately become the property of Bent Cardboard Card Services, LLC.
- Termination of this Consignment. Consignee may terminate this Agreement at any time and for any reason by returning to Consignor all of the unsold property which is the subject of this Agreement. The consignor may terminate this Agreement at any time and for any reason, but such termination will not affect the agreement regarding items of property already sold. The expense of delivery to the Consignor of any unsold property shall be paid by the party terminating this Agreement. Prior notice of termination shall not be required of a terminating party. Any items with a current active listing containing bids may not be terminated until either the items are sold or as agreed to by Consignee.
- Consignee shall have the exclusive right to determine the business operation and management of its premises. Consignor shall have no liability or responsibility for the operation and management of Consignee’s business, employees or agents and any torts or other causes of action resulting there from, and Consignee agrees to defend, indemnify and hold harmless Consignor for same.
- Liability for Loss, Etc., of Consigned Property. In the event that consigned property is lost, stolen, destroyed, damaged, or unaccounted for due to any cause, known or unknown (hereinafter these terms referred to collectively as “lost”), while consigned to the Consignee:
The property, or each item, so lost shall be considered as having been sold, and Consignee shall pay unto Consignor the amount agreed herein as if the lost property, or each item lost, had been sold, except that only 75% of said amount (rather than the full amount) shall be owed by Consignee to Consignor. Such amount shall be due 30 days following the loss of the property.
- Consignee may not use Consignor’s name or other identifying information in the advertising, promotion and sale of the consigned property unless written permission is granted by Consignor. The Consignee reserves the rights to use any information, including images or other media, used in the sale of any consigned items for future advertisement or promotion.
- The parties agree that instances or patterns of waiver, forbearance, course of dealing or trade usage shall not affect the right of a party to demand performance of any term or condition of this Agreement.
The Service, including all text, graphics, images, logos, page headers, button icons, scripts, proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Bent Cardboard logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Bent Cardboard or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.
Bent Cardboard’s name, logo, trademarks, and any Bent Cardboard product or service names, designs, logos, and slogans are the intellectual property of Bent Cardboard or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Bent Cardboard” or any other name, trademark or product or service name of Bent Cardboard or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark or trade dress of Bent Cardboard and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any Items or Collectables displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Bent Cardboard.
We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that Bent Cardboard may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Bent Cardboard any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, and personal license to access and use the Service provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service, in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any Items or Collectables is solely as set forth by the applicable seller or creator of such Items or Collectables.
Bent Cardboard helps you explore Items or Collectables created or sold by third parties and interact with different users. Bent Cardboard does not make any representations or warranties about this third-party content visible through our Service, including any content associated with Items or Collectables displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of Items or Collectables that you purchase from third-party sellers. We also cannot guarantee that any Items or Collectables visible on Bent Cardboard will always remain visible and/or available to be bought, sold, or transferred.
Items or Collectables may be subject to terms directly between buyers and sellers with respect to the use of the Items or Collectables content and benefits associated with a given Items or Collectables (“Terms and Conditions of Sale”). For example, when you click to get more details about any of the Items or Collectables visible on Bent Cardboard, you may notice a third party link to the seller’s or creator’s website. Such website may include Terms and Conditions of Sale governing the use of the Items or Collectables that you will be required to comply with. Bent Cardboard is not a party to any such Terms and Conditions of Sale, which are solely between the buyer and the seller. The buyer and seller are entirely responsible for communicating, agreeing to, and enforcing Terms and Conditions of Sale. You are solely responsible for reviewing such Terms and Conditions of Sale.
The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Bent Cardboard, and may be “open” applications for which no recourse is possible. Bent Cardboard is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Bent Cardboard may provide links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Bent Cardboard, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Bent Cardboard Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, content, Items or Collectables, or content linked to or associated with any Items or Collectables (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, (e) your negligence or willful misconduct. You agree to promptly notify Bent Cardboard of any Claims and cooperate with the Bent Cardboard Parties in defending such Claims, and (f) any liability relating to the use of the Service and intellectual property. You further agree that the Bent Cardboard Parties shall have control of the defense or settlement of any Claims and agree to fully cooperate with Bent Cardboard in asserting any available defenses. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND BENT CARDBOARD.
By creating an Account, you consent to receive electronic communications from Bent Cardboard (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt-out of these communications through the Service or through your mobile device’s operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided. If it is felt that reasonable opt-out options are unavailable, please inform us via firstname.lastname@example.org.
You are solely responsible for your use of the Service and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements outlined above.
By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with Bent Cardboard’s metadata standards in your metadata API responses, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. This includes any digital file, art, or other material linked to or associated with any Items or Collectables that are displayed on the Service.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, moral rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Bent Cardboard the license described above, and that the content does not violate any laws.
Bent Cardboard will take down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a user’s access to the Service if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please submit written notice to our representative agent at:
Bent Cardboard Card Service, LLC
4060 Thomas Lane
Fairview Park, OH 44126
For us to process your infringement claim regarding content on the Service, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. If you choose to write to us by e-mail or physical mail instead, your notice must include:
- Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;
- Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Service of the material claimed to be infringing, so that we may locate the material;
- Your contact information – at a minimum, your full legal name and email address;
- A declaration that contains all of the following:
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
- A statement that the information in the notice is accurate; and
- A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
- Your physical or electronic signature (of your full legal name).
Please note that we may forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on Bent Cardboard and can also contact you to resolve any dispute.
To protect our community and comply with our legal obligations, we reserve the right to take action, with or without advance notice, if we believe you have violated these Terms. This may include: disabling or removing your Account; removing the ability to view certain Items or Collectables on the Service or use our Service to interact with the Items or Collectables; disabling the ability to use the Service in conjunction with buying/selling/transferring/grading/consigning Items or Collectables available on through the Service; disabling your ability to access our Service; and/or other actions.
You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Service. You also agree that you will not:
- Use or attempt to use another user’s Account without authorization from such user;
- Pose as another person or entity;
- Claim a Bent Cardboard username for the purpose of reselling it or otherwise engage in name squatting;
- Access the Service from a different IP address if we’ve blocked any of your other IP addresses from accessing the Service, unless you have our written permission first;
- Distribute spam, including through sending unwanted links to other users;
- Use the Service – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service in any manner;
- Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Bent Cardboard;
- Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
- Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
- Sell or resell the Service or attempt to circumvent any Bent Cardboard fee systems;
- Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favorites, or other metrics that Bent Cardboard might use to sort search results;
- Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
- Use the Service for money laundering, terrorist financing, or other illicit finance;
- Use the Service from a country sanctioned by the government of the United States or to facilitate transactions involving individuals sanctioned by the government of the United States or located in sanctioned countries;
- Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, selling, or buying securities, commodities, options, or debt instruments;
- Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
- Use the Service to buy, sell, grade, consign or transfer stolen Items, fraudulently obtained Items, Items taken without authorization, and/or any other illegally obtained Items;
- Infringe or violate the intellectual property rights or any other rights of others;
- Create or display illegal content, such as content that may involve child sexual exploitation;
- Create or display Items or Collectables or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;
- Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service;
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.
Finally, by using the Service, you understand the importance of doing your own research. You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any Items or Collectables, collection, or account that you view or otherwise interact with in conjunction with our Service. We make no guarantees or promises about the identity, legitimacy, or authenticity of any Items or Collectables, collection, or account on the Service.
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND BENT CARDBOARD EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. BENT CARDBOARD (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. BENT CARDBOARD DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BENT CARDBOARD WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE BENT CARDBOARD ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, BENT CARDBOARD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY ITEMS OR COLLECTABLES, OR ANY ITEMS OR COLLECTABLES YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE BENT CARDBOARD PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD BENT CARDBOARD RESPONSIBLE FOR ANY BREACH OF SECURITY.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF ITEMS OR COLLECTABLES, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH ITEMS OR COLLECTABLES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE.
BENT CARDBOARD AND/OR ANY OTHER BENT CARDBOARD PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY ITEMS OR COLLECTABLES OR UNDERLYING OR ASSOCIATED CONTENT.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
You accept and acknowledge:
- The value of Items or Collectables is subjective. Prices of Items or Collectables are subject to condition, market demand, supply volatility and fluctuations in the price of currency can also materially and adversely affect values. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
- You are solely responsible for determining what, if any, taxes or duties apply to your transactions. Bent Cardboard is not responsible for determining the taxes or duties that apply to your Items or Collectables.
- There are risks associated with purchasing Items or Collectables associated with third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that have been midgraded or damaged items. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any Items or Collectables or accounts/collections.
- There are risks associated with using Internet and software based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your Account. You accept and acknowledge that Bent Cardboard will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service, however caused.
- The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
- Bent Cardboard reserves the right to keep confidential any collections, contracts, and items affected by any of these or other issues. Items you purchase may become inaccessible on Bent Cardboard. Under no circumstances shall the inability to view items on Bent Cardboard or an inability to use the Service in conjunction with the submission, consignment, purchase, sale, or transfer of Items or Collectables serve as grounds for a claim against Bent Cardboard.
- If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL BENT CARDBOARD OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF BENT CARDBOARD OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BENT CARDBOARD ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, ITEMS OR COLLECTABLES, OR ANY BENT CARDBOARD PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY BENT CARDBOARD FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result.
- Dispute Resolution. Please read the following arbitration section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Bent Cardboard and limits the manner in which you can seek relief from us. This section does not govern disputes between users or between users and third parties. Bent Cardboard does not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly.
- Applicability of Arbitration Agreement. You agree that any dispute, controversy, or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Bent Cardboard, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that (1) Bent Cardboard may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis; and (2) Bent Cardboard may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights.
- Dispute resolution process. You and Bent Cardboard both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution to: Bent Cardboard, Attn: email@example.com. Both parties agree to meet and confer personally, by telephone, or by videoconference (hereinafter “Conference”) to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference. Likewise, if Bent Cardboard is represented by counsel, its counsel may participate in the Conference as well, but Bent Cardboard agrees to have a company representative fully participate in the Conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process and Conference required by this paragraph. If the parties do not reach agreement to resolve the dispute within thirty (30) days after initiation of this dispute resolution process, either party may commence arbitration, file an action in small claims court, or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement, if the claims qualify.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding after participating in the dispute resolution process, you must send a letter requesting arbitration and describing your claim to: Bent Cardboard attn.: firstname.lastname@example.org. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and the JAMS Consumer Minimum Standards then in effect; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards then in effect. JAMS’s rules are available at jamsadr.com or by calling JAMS at 800-352- 5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You are responsible for all of your attributable costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses. You may choose to have the arbitration conducted by telephone or videoconference, based on written submissions, in person in your hometown area (if you live in the United States), or at another mutually agreed upon location that is reasonably convenient to you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Bent Cardboard. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the second bullet of this Section 23, above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class Actions and Class Arbitrations. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Bent Cardboard agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in Cuyahoga County in the State of Ohio. All other claims shall be arbitrated.
- Severability. Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Bent Cardboard.
- Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Bent Cardboard makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to Bent Cardboard at the following address: Bent Cardboard attn.: email@example.com.
These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the State of Ohio (without regard to conflict of law rules or principles of the State of Ohio, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth in Section 23 or cannot be heard in small claims court, shall be resolved in the state or federal courts of Cuyahoga County in the State of Ohio, and the United States, respectively, sitting in the State of Ohio.
If you breach any of the provisions of these Terms, all licenses granted by Bent Cardboard will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us.
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
You agree that a breach of these Terms will cause irreparable injury to Bent Cardboard for which monetary damages would not be an adequate remedy and Bent Cardboard shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
You agree that you will not export or re-export, directly or indirectly, the Service, and/or other information or materials provided by Bent Cardboard hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Bent Cardboard or you. Termination will not limit any of Bent Cardboard’s other rights or remedies at law or in equity.
These Terms constitute the entire agreement between you and Bent Cardboard relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Bent Cardboard, and Bent Cardboard’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and Bent Cardboard agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
Bent Cardboard Card Services, LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.