TCG Prospector - Terms and Conditions
Terms and Conditions
Last Modified: 24th August 2019.
Thank you for using TCG Prospector! These terms of service (the “Terms”) govern your access to and use of TCG Prospector (“we” or “our”) websites and services, so please carefully read them before using TCG Prospector.
Using TCG Prospector means accepting these terms
By accessing or using TCG Prospector in any way you agree to and are bound by the terms and conditions written in this document.
You may use TCG Prospector only in compliance with these Terms. You may use TCG Prospector only if you have the power to form a contract with TCG Prospector and are not barred under any applicable laws from doing so. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. TCG Prospector may continue to change over time as we refine and add more features. We may stop, suspend, or modify TCG Prospector at any time without prior notice to you. We may also remove any content from TCG Prospector at our discretion.
TCG Prospector is a Venue
TCG Prospector acts as a venue to allow users who comply with its policies to trade, offer, sell and buy collectible card game singles. We are not directly involved in the transaction between traders and buyers and sellers. As a result, we have no control over the quality, legality of any aspect of the cards listed, the truth or accuracy of the listings, the ability of traders and sellers to send items and of buyers to pay for items. We cannot ensure that a trader or buyer or seller will actually complete a transaction.
Consequently, we do not transfer legal ownership of items between users when traded.
We cannot guarantee the true identity of a user. We encourage you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You use the TCG Prospector service at your own risk.
Listing Description: All card listings in your havelist that you have priced must be for sale. By listing an item on the Site you warrant that you warrant that you may legally sell the item. You must accurately describe your item and all terms of sale. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale.
Disputes with users or third parties
In the event a dispute arises between you and another user, we encourage you to contact the user to resolve the dispute amicably. You may also report user-to-user disputes to your local law enforcement, or a certified mediation or arbitration entity, as applicable. You release TCG Prospector (and TCG Prospector's officers, directors, agents, moderators and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
Breach of Terms
If you breach any of the terms and conditions in this document, your authorization to access or use TCG Prospector automatically terminates. Any materials downloaded or printed from TCG Prospector in violation of the Terms of Service must be immediately destroyed.
We may block, restrict, disable, suspend or terminate your access to all or part of TCG Prospector at any time in our sole discretion, without prior notice or liability to you.
If you think we removed your access by mistake, let us know and we’ll give you our reasoning. We also have a quick way to restore access without losing any of your data.
You are responsible for safeguarding the password that you use to access TCG Prospector and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify TCG Prospector of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data to TCG Prospector, it is your responsibility to use a secure encrypted connection to communicate with TCG Prospector.
By using our Services you provide us with information that you submit to TCG Prospector. You retain full ownership to your stuff. These Terms do not grant us any rights to your stuff or intellectual property.
Although we are constantly looking for ways to improve our service and its quality for our customers, we cannot always guarantee 100% uptime of our services. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. We monitor TCG Prospector closely and have set up automated alarms to be notified (via email and SMS) when the TCG Prospector service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.
To insure the best experience for all our customers, you agree to never:
Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
Use or attempt to gain access to or use another’s user account, password, data, or computer systems or networks connected to any TCG Prospector server, whether through hacking, password mining or any other means.
Access or attempt to access any material that you are not authorized to access.
Use any materials in any manner that infringes any intellectual property rights or other rights of any party.
Disrupt or interfere with the security of, or otherwise cause harm to, the TCG Prospector service, systems resources, accounts, passwords, servers or networks connected to or accessible through TCG Prospector or any affiliated or linked sites.
Create a false identity for the purpose of misleading others.
Disrupt, interfere or inhibit any other user from using and enjoying the TCG Prospector service or other affiliated or linked sites, materials or services.
Access or use TCG Prospector in any manner that could damage, disable, overburden or impair any TCG Prospector server or the network(s) connected to any TCG Prospector server.
Violate any applicable laws or regulations related to the access to or use of TCG Prospector, or engage in any activity prohibited by the Terms of Service.
Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
Special Treatment for Spammers
In the event of your or others’ access to or use of the TCG Prospector service in connection with the transmission of spam unsolicited e-mail or postings in violation of these Terms of Service, you acknowledge and agree that TCG Prospector would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that TCG Prospector is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). TCG Prospector may without restriction block, filter or delete unsolicited e-mail.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TCG PROSPECTOR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT TCG PROSPECTOR HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.