Terms and Conditions
Terms of Service Agreement
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Use of Our Service
PucaTrade is a card-trading website, where collectors can find and swap MtG cards (“Cards”) with ease.
A. Minimum Age Requirement
You may use the Service only if you can form a binding contract with PucaTrade, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by PucaTrade.
B. User Mailing Address
You understand and acknowledge that you are required to provide your mailing address to PucaTrade as a condition to accessing Services. PucaTrade reserves the right to verify any User's mailing address. You understand and acknowledge that if you utilize the Services to receive a Card from another User, your address will be provided to the prospective provider of such Card for shipping purposes.
C. PucaTrade Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. PucaTrade reserves all rights not expressly granted herein in the Service and the PucaTrade Content (as defined below). PucaTrade may terminate this license at any time for any reason or no reason.
D. PucaTrade Accounts
Your PucaTrade account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to PucaTrade with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify PucaTrade immediately of any breach of security or unauthorized use of your account. PucaTrade will not be liable for any losses caused by any unauthorized use of your account.
You may not (i) select or use as an account User ID a name of another person with the intent to impersonate that person; or (ii) use as an account User ID a name subject to any rights of a person other than yourself without appropriate authorization; or (iii) create multiple accounts within a single household; or (iv) create multiple accounts in two or more households for the purpose of defrauding the PucaTrade or avoiding adverse action by the PucaTrade with respect to your account(s).
You may control your User profile and how you interact with the Service by changing the settings in your Account Settings Page. By providing PucaTrade your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Account Settings Page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
E. Service Rules
FRAUDULENT ACTS. You agree not to commit fraud using the Services. Examples of fraud include, but are not limited to: committing to send a Card but not actually sending it, or sending it after an unreasonable delay; claiming a Card was never received when in fact it was; claiming a Card is lost, broken, incorrect, scratched or otherwise problematic when it is not; claiming to own a Card that User does not; creating multiple User accounts to avoid adverse action by PucaTrade; and other similar actions.
WHEN RECEIVING SHIPMENTS. In the event a User claims more than three (3) instances of having received a lost, broken, incorrect, scratched or otherwise problematic Card, PucaTrade may, at its sole and complete discretion, determine that the User is not eligible to use the Services and PucaTrade may elect not to apply any credit to the User's account for such lost, broken, incorrect, scratched or otherwise problematic Card. In addition to suspending or terminating a User's account or access to the Services, PucaTrade may pursue any remedies available at law.
WHEN SENDING SHIPMENTS. In the event a User is reported shipping a lost, broken, incorrect, scratched, counterfeited or otherwise problematic Card, PucaTrade may, in its sole and absolute discretion, determine that the User is not eligible to use the Services and PucaTrade may elect not to apply any credit to the User's account for such lost, broken, incorrect, scratched, counterfeited or otherwise problematic Card. In addition to suspending or terminating a User's account or access to the Services, PucaTrade may pursue any remedies available at law.
ACCOUNT FRAUD. User may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than User without appropriate authorization; or (iii) create multiple User IDs within a single household; or (iv) create multiple User IDs in two or more households for the purpose of defrauding the PucaTrade or avoiding adverse action by the PucaTrade with respect to User's account.
COUNTERFEIT AND ILLEGALLY COPIED CARDS. You may not illegally copy Cards. You shall not list or exchange Cards or other products that are counterfeited or in violation of any third party’s rights. Your access to the Services may be immediately terminated in the event that you use the Services for illegal purposes or makes unlawful copies of Cards or unlawfully distributes Cards.
GENERAL RULES. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the PucaTrade servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
SERVICE CHANGE, SUSPENSION OR TERMINATION. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create limitations for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
INTERACTION WITH USERS. You are solely responsible for your interactions with other PucaTrade Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. PucaTrade shall have no liability for your interactions with other Users, or for any User’s action or inaction.
INACTIVE ACCOUNTS. Throughout the regular use of the service, PucaTrade may facilitate digital trades for digital cards hosted and held on the Magic the Gathering Online trading card game by accepting digital trades for cards you are receiving on PucaTrade.com. You will be notified immediately through the PucaTrade platform when your digital cards are available, and you are expected to pick up the cards held for you in a timely fashion (3 days or less). Digital Cards that are not collected after 200 days will be considered to be abandoned by the recipient and will be deleted, destroyed, or permanently removed from PucaTrade’s servers and Magic the Gathering Online’s holding accounts (Pucabots).
2. Mobile Software
A. Mobile Software. We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. PucaTrade does not warrant that the Mobile Software will be compatible with your mobile device. PucaTrade hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one PucaTrade account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that PucaTrade may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and PucaTrade or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. PucaTrade reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: the Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the PucaTrade Service.
B. Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and PucaTrade, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to PucaTrade as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to PucaTrade as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, PucaTrade, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and PucaTrade acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
3. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “PucaTrade Content”), and all Intellectual Property Rights related thereto, are the exclusive property of PucaTrade and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any PucaTrade Content. Use of the PucaTrade Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PucaTrade under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PucaTrade does not waive any rights to use similar or related ideas previously known to PucaTrade, or developed by its employees, or obtained from sources other than you.
4. PucaTrade Points
There are ways in which you can to contribute to the PucaTrade community (for example, by trading cards or contributing financially) which may allow you to obtain status indicator points that may then be used on the Service (“PucaTrade Points”). You understand and agree that regardless of terminology used, PucaTrade Points represent a limited license right governed solely by the terms of this Agreement and available for distribution at PucaTrade’s sole discretion. PucaTrade Points are not redeemable for any sum of money or monetary value from PucaTrade at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of PucaTrade on PucaTrade servers, including without limitation any data representing or embodying any or all of your PucaTrade Points. You agree that PucaTrade has the absolute right to manage, regulate, control, modify and/or eliminate PucaTrade Points as it sees fit in its sole discretion, in any general or specific case, and that PucaTrade will have no liability to you based on its exercise of such right. All data on PucaTrade’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON PUCATRADE’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN PUCATRADE’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. PUCATRADE DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON PUCATRADE’S SERVERS.
5. Paid Services
A. Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms https://pucatrade.com/help/item/terms-pricing, as we may update them from time to time. PucaTrade may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
B. No Refunds. You may cancel your PucaTrade account at any time; however, there are no refunds for cancellation. In the event that PucaTrade suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any PucaTrade Points, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
C. Risk of Loss. PucaTrade never takes possession of any cards traded between Users through the Service. Cards traded through the Service are transported and delivered to you, at the direction of other Users, by independent carriers not affiliated with, or controlled by, PucaTrade. As such, PucaTrade accepts no liability for the risk of loss of any Cards traded through the Service.
D. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
PucaTrade cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. Third-Party Links
You agree to defend, indemnify and hold harmless PucaTrade and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
10. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PUCATRADE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
PUCATRADE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CARD OFFERED BY USERS OR ANY THIRD PARTY THROUGH THE PUCATRADE SERVICE OR ANY PRODUCTS OR SERVICES ON ANY HYPERLINKED WEBSITE OR SERVICE, AND PUCATRADE WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY USERS OR ANY THIRD PARTY WHATSOEVER.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUCATRADE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL PUCATRADE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PUCATRADE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PUCATRADE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PUCATRADE HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PUCATRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. PucaTrade makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
12. Governing Law and Arbitration.
A. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over PucaTrade, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
B. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PUCATRADE. In the unlikely event that PucaTrade has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any PucaTrade claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and PucaTrade agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing PucaTrade from seeking injunctive or other equitable relief from the courts as necessary to protect any of PucaTrade’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND PUCATRADE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, .COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
A. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PucaTrade without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement. PucaTrade may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by PucaTrade in our sole discretion. PucaTrade reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. PucaTrade is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. PucaTrade may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
C. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with PucaTrade in connection with the Service, shall constitute the entire agreement between you and PucaTrade concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
D. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and PucaTrade’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Contact. Please contact us info@PucaTrade.com with any questions regarding this Agreement.
PucaTrade Rewards Sweepstakes Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO WIN. SOME RESTRICTIONS APPLY. ODDS OF WINNING DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES. VOID WHERE PROHIBITED BY LAW.
1. Purpose. The PucaTrade Rewards Sweepstakes (the “Sweepstakes”) is designed to reward our PucaTrade community members. Prizes will be selected by random drawing, and will be awarded in accordance with these Official Rules (the “Rules”). In order to enter the Sweepstakes, you must agree to these Rules.
2. Sponsor. PucaTrade, 570 Grand Ave Apt #5, Oakland, CA 94612. The Sweepstakes is not sponsored, endorsed, administered by or associated in any way with any third party, including without limitation, Facebook or LinkedIn.
3. Eligibility. To be eligible to enter the Sweepstakes, you must be over the age of eighteen (18), a legal resident of the United States, and a member in good standing of the PucaTrade community, and have won no more than two (2) other PucaTrade Rewards Sweepstakes in the previous calendar year. Immediate family members (i.e., parents, children, grandparents, grandchildren, aunts, uncles, nieces or nephews) of PucaTrade employees may not be eligible to enter or to win. All federal, state, and local laws and regulations apply. Sweepstakes is void where prohibited by law.
4. How To Enter. To enter the Sweepstakes, you must be a registered member of the PucaTrade Community with available PucaPoints in your account, which may be exchanged for a Sweepstakes entry. There are two methods of entry:
a. PucaPoint Exchange. PucaTrade members earn PucaPoints by engaging in a variety of activities on the PucaTrade Service, for example by verifying your account, completing your want list, engaging in card trades, and other manners put forth in the PucaTrade Terms of Service, or in any other manner made available from time to time on our Service. During the Sweepstakes Period, you may exchange 100 PucaPoints for one (1) Sweepstakes entry (“Entry”). Once a user submits his or her PucaPoints into a Sweepstakes, those PucaPoints are deducted from the user’s total PucaPoints and are not returned, irrespective of whether the user wins any Prize. The maximum number of Entries will depend solely on the Entrant’s number of available PucaPoints that the Entrant elects to exchange for Entries.
b. Promote PucaTrade on social media. You may earn one (1) Sweepstakes Entry by sharing PucaTrade with your friends on Twitter using the hashtag #PucaTrade during the Sweepstakes Period. You will earn only one (1) Entry using this method regardless of the number of Twitter mentions you post during the Sweepstakes Period.
5. Sweepstakes Period. The Sweepstakes run for 7 days and begin on Mondays at 11:00 AM in the California time zone (PST) in the United States and end on the following Monday at 11:00 AM, California time zone (PST) (the “Sweepstakes Period”). All dates are subject to change.
6. Selection of Winners. Within three (3) business days of the close of the Sweepstakes Period, Sponsor shall randomly select a potential winner from all eligible Entries from the Sweepstakes. The drawing shall take place in Sponsor’s office in 570 Grand Ave Apt #5, Oakland, CA 94610. The manner of the drawing and the selection of potential winner shall be in the Sponsor’s sole and absolute discretion. If a potential winner is unable for whatever reason to accept his or her prize, Sponsor reserves the right to award the prize to another entrant.
7. Winner Notification. The potential winner will be notified by email within two (2) weeks from the end of the Sweepstakes Period. If a potential winner does not respond to the notification attempt within three (3) days from the first notification attempt or if the email is returned as undeliverable, then the potential winner may be disqualified and an alternate potential winner will be selected from among all eligible entries received. Before awarding a Prize, Sponsor may require you to show proof of identification, an affidavit of eligibility, a publicity release, or other documents. You must execute and return all documents to Sponsor within two (2) weeks of the date any such documents are sent to you or your Prize may be forfeited (in Sponsor’s sole discretion). If, in Sponsor’s sole discretion, you are found to be ineligible or not in compliance with these Rules, or if Sponsor is unable to contact you, you will forfeit the Prize and Sponsor may select an alternate potential winner at random from the pool of eligible entries received. Allow 8 weeks for delivery of your Prize, which will be mailed to the address you provided on your PucaTrade registration. All expenses related to the acceptance and use of a Prize, including if applicable, federal, state and local taxes, are the sole responsibility of the Winner. The Winner and a copy of these Official Rules will be available upon request once the Winner is selected, and for 90 days thereafter.
8. Prize. The Prize shall be designated at the beginning of each sweepstakes (see individual sweepstakes terms for specific prize). The odds of winning depend on the number of eligible Entries. Each Entry shall be equally weighted and have the same chance of winning. Prize shall be selected by Sponsor in its sole discretion. No transfer, substitution or cash equivalent for prizes is allowed, except that PucaTrade reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason.
9. General Conditions. These Rules are subject to and incorporated by reference within Sponsor’s Terms of Service. If there is any conflict between the Terms of Service and these Rules, the Rules take precedence but only in relation to the Sweepstakes. In the event of any conflict between these Rules and the details contained on the PucaTrade website, the details set forth in these Rules shall prevail. All federal, state and local laws and regulations apply and Sweepstakes is void where prohibited by law. Sponsor reserves the right to disqualifyany Entrant from the Sweepstakes if, in Sponsor’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants or the Sponsor.
11. Limitations on Liability. Sponsor and its officers, directors, employees, owners, affiliates, agents, contractors, and partners (“Released Parties”) are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable email or Entries; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information or of any Entries. Sponsor and the Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. If, for any reason, an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason inadvertently not accepted as an Entry into a particular Sweepstakes, your sole remedy is to receive replacement PucaTrade Points that you can use to submit another Entry into a different Sweepstakes. Sponsor reserves the right, in its sole discretion and without prior notice, to suspend or cancel any Sweepstakes or alter the rules for any reason, including but not limited to alteration or corruption of the administration of the Sweepstakes by computer virus, technical problem, or other unforeseeable event, and to credit participants of any stopped Sweepstakes with the PucaTrade Points, if any, submitted for Entry into any such Sweepstakes.
12. Binding Nature, Waiver, Indemnification. By entering a Sweepstakes, you agree: (a) to be bound by these Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against the Sponsor or the Released Parties in connection with the Website or any Sweepstakes; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless the Sponsor and the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) the Website, any Sweepstakes, the awarding of any Prize, or any activities engaged in in connection with the Website or a Sweepstakes, including but not limited to your participation or inability to participate in any Sweepstakes or other activity, (ii) typographical or printing errors in these Official Rules or any Sweepstakes materials, (iv) any change in any Prize (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, (v) any interruptions in or postponement, cancellation, or modification of any Sweepstakes, (vi) human error, (vii) incorrect or inaccurate transcription, receipt or transmission of any Entry, (viii) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor, any of the Released Parties or by you, (ix) interruption or inability to access the Website or any online service via the Internet due to hardware or software compatibility problems, (x) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (xi) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (xii) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xiii) lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), or (xiv) the negligence or willful misconduct by you. SPONSOR AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN THE SWEEPSTAKESAND/OR ACCEPTANCE OR USE OF ANY PRIZE. BY PARTICIPATING IN THE SWEEPSTAKES, OR THE USE OF ANY PRIZE, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.
13. Forum and recourse to judicial procedures. These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Sweepstakes are hereby excluded, and Entrants expressly waive any and all such rights.
This Agreement was last modified on [9/15/2017].