Sellers Terms of Use

Effective Date: March 22, 2021 

This Terms of Use and our Privacy Policy incorporated herein (collectively “Terms”) is a binding agreement between the party clicking the “Agree” button (“User“, you” or “your”)  and CARD BOX, LLC ("Company,” “us,” “we” or “our”) governing the access and use of our website, www.cardboxgames.com, (“Website”), our Application (“Application”), and the Services (collectively “Services”).  

BY CLICKING THE "AGREE" BUTTON OR BY DOWNLOADING THE APPLICATION YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE SERVICES (AS DEFINED BELOW). 

We reserve the right to amend and modify these Terms upon our discretion by posting the amended or modified Terms on the Website or Application. If you continue to use our Services after we have amended or modified and posted these Terms to the Website or Application,  then you will be deemed to have accepted such amended or modified Terms which shall control your use of our Services.  

The following are contained in these Terms: 

These Terms commences when you download the Application or access the Website and will continue in effect until terminated by you or Company as set forth herein. You may terminate these Terms by deleting the Application and all copies thereof from your Mobile Device, and by not accessing the Website. Company may terminate the Terms at any time without notice, if it ceases to support the Application or Website, which Company may do in its sole discretion. The Terms will also terminate immediately and automatically without any notice if you violate the Terms or any portion thereof. Upon termination: (i) all rights granted to you under the Terms will also terminate; and (ii) you must cease all use of the Application, Website, and Services, and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of Company's rights or remedies at law or in equity.

Copyright Policy

Description of Services 

The services consist of a marketplace where individuals can purchase and play digital multiplayer interactive card games through the internet or on their own mobile devices (“Services”).  

The Services are made available via mobile devices. When accessing the Services through such devices you acknowledge and agree that your wireless carrier’s standard charges, data rates and other fees may apply, and that certain information about your usage of our Services through such devices may be communicated to us.  

Any use of the Services other than expressly authorized in these Terms is strictly prohibited. 

Account Creation 

You must register and set up a user account (“Account”) to use the Services, by providing current, accurate and complete registration information (“Registration Information”), selecting a username and password (“Credentials”), and agreeing to these Terms.  You shall ensure that all Registration Information is current and complete for the duration of time that you use the Services.  Failure to provide accurate Registration Information or to update such information may result in an inability for us to make Payments to you.  Your Account is personal to you and you shall not provide any other person your Credentials or allow any other person to access and/or use the Services with your Credentials. You shall notify use immediately of any unauthorized access to, or use of, your Credentials or any other breach of security. We have the right to suspend your access to the Services and disable your Credentials, at any time in our sole discretion or for any or no reason, including if, in our opinion, you have violated any provision of these Terms. You are solely responsible for all activities that occur under your User Account.  You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of times as determined in our sole discretion. 

Payment 

If the Services and/or Games or any portion thereof are made available for any fee or charge, you will be required to select a form of payment and provide us information regarding your credit card or other form of payment authorized by us.  You warrant and represent that such information is true and correct and that you are authorized to use such payment.  When you make a payment, you authorize us and our payment processor to charge the full amount to the payment source you designate for the transaction.  You will promptly update your account information with any changes that may occur.  You will pay all fees and charges incurred in accordance with the authorized form of payment and these Terms.  If you dispute any fees or charges, you will inform us of the dispute within thirty (30) days after the date we charge you and give us an opportunity to correct any problem which you believe entitles you to dispute those fees or charges.  You hereby grant us the right to fix any payment processing errors that we may discover, and the right to correct any such processing errors by debiting or crediting the payment method used for the transaction found to be in error. 

Purchases through our Marketplace  

If you purchase a Game through our Marketplace, you acknowledge and agree that the transaction is between you and the person from whom you purchased the Game.  Any disputes concerning such Game shall be directed to the person from whom you purchased the Game.  We do not endorse or provide any warranty for Games purchased through the Marketplace, and all Games are provided “AS IS” without any warranty, either express or implied.  You agree to hold us harmless from all claims arising from or relating to such Games. 

Accessing the Website, Services, and Account Security

We reserve the right to withdraw or amend the Website, Application and any Services or Company Content (as defined below) in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website, Application, Service or Content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, Application, Services or Company Content to users of the same, including End-Users. 

Company Content

All information we provide through the Website, Application or Service (“Company Content”) is provided as-is without any representations or warranties as to the accuracy, completeness or usefulness of such content.  Any reliance you place on the Company Content is strictly at your own risk, and we disclaim all liability and responsibility arising from any reliance placed on the Company Content by you or any other user of the Website or Service. We shall not be liable in any way for any errors or omissions in Company Content, or your reliance on such content. 

Feedback 

If you provide any communications to us suggesting or recommending changes to the Application, Website, Services or Content, including without limitation any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation between the us governing such Feedback. You hereby irrevocably assign to us, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, but we are not required to use any Feedback.

Prohibited Uses

You may use the Website, Application and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website, Application and Services:

User Contributions

The Website and Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users, other persons or Company (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and our licensees, successors, and assigns the assignable, irrevocable, perpetual, right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 

Content Standards

These content standards apply to any and all User Contributions, Your Game, and your use of the Services. User Contributions and your use of the Services must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions and your use of the Services must not:

Monitoring and Enforcement

We have the right to:

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review comments, replies and communications before they are posted on the Website or through the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Our Intellectual Property

The Website, Application and Services, including their contents, features, and functionality are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website, Application and Services, for the purposes stated herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, Application or Services. No right, title, or interest in or to the Website, Application or Services,  or any content contained therein is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website, Application or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Third Party Links, Products and Services 

The Website, Application or Services may contain links to other sites, applications, software, and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites, applications, software, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites, applications, or software linked to this Website or Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Collection and Use of Your Information 

By creating an Account, you hereby consent to receive electronic communications from us related to such account, our Services, and services or goods offered by our partners or affiliates. These communications may involve sending emails to the email address you provided during registration or delivering electronic communications via your account. These communications are part of our Services and your relationship with us. You agree that any notice, agreements, disclosures, or other communications that we send to you electronically, as described herein, will satisfy any legal communication requirements (e.g., that such communications be in writing and through an appropriate method). You also consent to receiving other electronic communications from us, such as newsletters about new Services features and content, special offers, and promotional announcements. If you no longer want to receive certain non-transactional communications via email, please email us at help@cardbox.tv or click on the “Unsubscribe” link contained in any email, or on any other link that indicates that you would like to be removed from future, similar non-transactional communications.

Cookies 

Our Website uses Cookies.  Cookies are pieces of data your web browser stores on your hard drive. We also offer certain features that are only available through the use of a "cookie." Cookies can also help us provide information which is targeted to your interests. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our Website or Application. Please be aware that if you link to another site from our website, you may encounter "cookies" or other similar devices placed by third parties. We do not control the use of cookies by third parties.  

Geographic Restrictions 

The Services are based in the state of Florida in the United States and provide for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.

Updates 

Company may from time to time in its sole discretion develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features to the Application, Website or Services, including related documentation ("Updates"). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.  You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application, Website or Service, and be subject to all terms and conditions of the Terms.

Third-Party Materials 

The Services may display, include or make available third-party content or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.  We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Termination 

These Terms commences when you download the Application or access the Website and will continue in effect until terminated by you or Company as set forth herein. You may terminate these Terms by deleting the Application and all copies thereof from your Mobile Device, and by not accessing the Website. Company may terminate the Terms at any time without notice, if it ceases to support the Application or Website, which Company may do in its sole discretion. The Terms will also terminate immediately and automatically without any notice if you violate the Terms or any portion thereof. Upon termination: (i) all rights granted to you under the Terms will also terminate; and (ii) you must cease all use of the Application, Website, and Services, and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of Company's rights or remedies at law or in equity.

Disclaimer of Warranties 

THE WEBSITE, COMPANY CONTENT, APPLICATION AND SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO WEBSITE, COMPANY CONTENT, AND  SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE, APPLICATION, COMPANY CONTENT, AND SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF NOT KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING CONSEQUENTIAL, INDIRECT, LOSS OF PROFITS, LOSS OF REVENUES, AND PUNITIVE DAMAGES, ARISING FROM, OR RELATED TO, YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, APPLICATION, COMPANY CONTENT, OR SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PERSONAL INJURY, OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. OUR MAXIMUM LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OR ACCESS OF THE WEBSITE, APPLICATION, COMPANY CONTENT, SERVICES, OR OUR PROVIDING THE SERVICES TO YOU, SHALL NOT EXCEED $100.  

Indemnification

You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys' fees, arising from, or relating to, your use or misuse of the Website, Application, Company Content, Services, your reliance on any Company Content, your breach of these Terms, or any claims arising from a Purchased Game.  Your indemnification obligations shall survive the termination or expiration of these Terms. 

Export Regulation 

The Website, Application, Company Content and Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Website, Application, Company Content, or Services, or make the same accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations, and rules and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to making Your Game accessible to the End User. 

Waiver and Severability

Our waiver of any term or condition set out in these Terms shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

Disputes 

Any legal suit, action, or proceeding arising out of or relating to this Agreement (“Dispute”) shall be instituted in the federal courts of the United States of America or the courts of the State of Florida in each case located in Pinellas County, Florida or in the United States District Court, Middle District of Florida, Tampa Division, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.  All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Florida. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY FOR ALL DISPUTES.   

Limitation of Time to File Claims. 

You agree that regardless of any law to the contrary, any claim, Dispute or cause of action by you arising out of, or related to, the Services, Website, Company Content or Application, must be filed within one (1) year following the date on which such claim, Dispute or cause of action arose; and if not filed within such one (1) year period, then you hereby irrevocably waive any and all rights to pursue such claim(s), Disputes or other cause(s) of action.

No Assignment. 

Unless expressly set forth herein, you are prohibited from assigning any of your rights or obligations under these Terms.  Any assignment in violation of this section shall be null and void. 

Entire Agreement. 

The Terms and our Privacy Policy constitute the entire Terms between you and the Company with respect to the Services, and supersedes all prior or contemporaneous understandings and terms, whether written or oral, with respect to same. 

Copyright Policy 

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website or Application infringe your copyright, you may request removal of those materials (or access to them) from the Website or Application by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Our designated copyright agent to receive DMCA Notices is:

  
  
  
  
    

Agent Name: Zachary D. Messa

Agent’s Organization: Johnson Pope

Mailing Address:  911 Chestnut Street Clearwater, Fl 33756

Phone #:  727.461.1818

Email:Zacharym@jpfirm.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website or Application is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website or Application was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

Our designated agent to receive Counter Notices is the same as our designated copyright agent above. 

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website or Application was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Contact Us 

You can contact us via email at help@cardbox.tv