THE FOLLOWING DOCUMENT DESCRIBES THE TERMS AND CONDITIONS BY WHICH CARDDRIFTER OFFERS YOU SERVICES.
IN THESE TERMS AND CONDITIONS, “WE,” “US,” “ITS” AND “OUR” REFER TO CARDDRIFTER.COM, AND “YOU” AND “YOUR” REFER TO YOU.
This is the user agreement (the "Agreement" or "User Agreement" or “Terms of Service”, or “End User License Agreement”) for CardDrifter.com (“the site”). This document and the terms and conditions described within it are applicable for all who preside in the United States, or out of the United States. This document describes the terms and conditions everyone must abide by to use this website or any sub -omain of this website (www.carddrifter.com). If you are not in agreement with these conditions, do not use this website.
By agreeing to these terms and conditions, you also agree to the Privacy Policy and any other document that is referenced in this agreement wither by link or by name. You also certify that all terms and conditions of other websites linked to, but not belonging to, this website are applicable to their respective webpages.
We reserve the right to make amendments to this document at any time we feel that it is necessary. Any amendments that are made are applicable 30 days after they are originally posted. By agreeing to this agreement, you agree to all future changes. If you do not agree to future changes, you must request the termination of your account. This Agreement may not be otherwise amended except in a writing signed by you and CardDrifter. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on July 13th, 2004 for all users. There have been no amendments to this document as of this date.
I. Services and Fees.
01. Joining CardDrifter and trading for items is free.
02. We charge a fee (fee may change and vary) for a premium service that will be charged once for the whole year, and upon the completion of that year, will be renewed only by your request.
03. Fees are in U.S. Dollars and you are responsible to pay all fees associated with any service you request as well as applicable taxes.
04. Our Fees and Credits Policy is incorporated into this agreement by reference.
i. We many change the fees as stated in our Fees and Credits Policy for promotional reasons at any time.
ii. We may also, in our sole discretion, change or add fees when a new service is introduced, or when we feel that a change is needed. This change will be posted on the site.
II. Membership Eligibility.
01. Our services are available to and only to those individuals who can legally form binding contracts under applicable law.
ii. Without limiting or foregoing, our services are not available for any person under the age of 18, as well as temporarily or permanently suspended CardDrifter users.
iii. If you are under 18, you may use this service under the supervision and guidance of your parent or guardian.
02. If you do not qualify for use of this site, please do not use it.
III. CardDrifter is a Venue.
01. CardDrifter does not actually take any part in the physical transaction of items that have been traded.
ii. We are not involved in disputed over these trades and do not have control over the accuracy of item descriptions, legality of advertised items and the ability of the other user to provide us andyou accurate information about themselves and complete the transaction.
iii. We do not transfer legal ownership of items that are traded on this site between two users.
02. Identity Verification.
ii. Although we use many tools to verify the identities of our users, CardDrifter cannot guarantee the accuracy of information displayed on this site.
iii. We created a user feedback system, where upon the completion of a trade, both parties involved in the trade may leave a feedback response and a feedback rating for the other user.
iiii. We also encourage you to communicate with the other user involved before the physical transaction is made so that the utmost safety of the trade is ensured.
iiv. Feedback reviews are available for the public to view.
03. Release.
ii. Since we are a venue, if you have a dispute with one or more other users, you release CardDrifter (and our officers, agents, directors, joint ventures, and subsidiaries) from any claims of damages (actually or consequential) of every nature and kind, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to any of those disputes.
04. Information Control.
ii. We use simple filters in an attempt to control content and language of items placed upon this site, but do not say that we attempt to completely control such things.
iii. Therefore, you may find material on this site that is offensive, harmful, disgusting, or explicit, and you agree that we have given you warning of such content.
IV. Trading.
01. As a trader, you are obligated to complete a transaction with another user if you make an offer for one of their items and they accept it and you make the final agreement to complete the trade. You are also obligated to complete any transactions that are made when another user makes and offer for one of your items, and then you choose to make the final acceptance of that item.
02. By making an offer for any item you agree to the transaction terms that may be listed in that items information as long as those listed conditions are lawful and do not violate this or any other agreement that is included.
i. Unless there is another separate agreement by you and the other party in a trade, legal ownership of the two traded items changes when receipts for the items traded are received.
ii. Offers that have been accepted are not retractable unless one of the users alters the details of an offered item after the acceptance, which could include the description, the value, the condition, the amount, the category, or any other aspect of the item.
iii. If you offer or list items that are of adult content, you certify that it is your legal right to own and trade these items.
V. Listing Items.
01 Listing Description.
i. In order to trade on this site, you must be, and agree that you are, legally able to trade for items, list items, and complete transactions.
ii. When listing an item, you may only fill in fields for descriptions specific to that item, the quantity, the value, the category, and any other information that is on the add item form.
iii. You must list all information as accurately as possible and supply information for all required fields.
02 Binding Offers.
i. Unless you and the other user whom is involved in the transaction agree otherwise, any offers that you make and are accepted legally bind you to the fulfillment of that transaction.
03 Fraud.
i. If you are suspected to have engaged in fraudulent activity with connection to this site, CardDrifter reserves the right (without limiting any other remedies) to terminate or suspend your account.
ii. Suspicion can be in form of conviction, settlement, insurance or escrow investigation, or otherwise.
04 Manipulation.
i. You agree not to manipulate the offers of certain items to mislead other users into thinking that fraudulent offers you make are real.
VI. Your Information.
01 Definition.
i. "Your Information" is defined as any personal or non-personal information that you provide to us, or any other person by venue of this site, in any public message area, any listing, and profile, or through any email feature.
ii. You are solely responsible for Your Information and we act only as a static conduit in the distribution of Your Information.
02 Restricted Activities.
i. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include.
ii. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the premier listing fee, or listing your item without premier listing, causes us to violate any law, license or copyright agreement, or statute.
iii. Furthermore, you agree not to spam CardDrifter information anywhere on this website, or other websites unless it is in accordance with the rest of this agreement.
03 License.
i. Solely to enable CardDrifter to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
ii. CardDrifter will only use Your Information in accordance with our Privacy Policy.
VII. Access and Interference.
01 You agree that unless with express written permission, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose. Additionally, you agree that you will not:
i. Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure, databases, or bandwidth.
ii. Copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of CardDrifter and the appropriate third party, as applicable.
iii. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
iv. Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
VIII. Feedback.
01 Integrity.
i. You may not take part in actions that would undermine the integrity of the feedback system that the site has employed.
ii. We may put restrictions on your listing privileges and offer privileges if your feedback reaches a low level.
iii. We keep a listing of registered email addresses as well as IP addresses, and therefore, take notice of actions that may be, but are not limited to signing up more than once for the purpose of evading feedback restrictions, making false trades with other users to boost ratings.
02 Export.
i. Because your feedback rating is nothing more than a means to facilitate safe trade between users, you agree that you will not export or advertise your CardDrifter feedback rating on any other site or any other place besides this site.
03 Import.
i. We do not provide the ability to import your user rating from other sites.
ii. CardDrifter’s system of feedback is unique to all other third party sites, and therefore other ratings are not compatible with this site.
IX. Breach.
01 Without limiting other actions, we may remove your listed items, restrict your offer and trade abilities, warn other users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
i. You breach this Agreement or the documents it incorporates by reference.
ii. We are unable to verify or authenticate any information you provide to us.
iii. We believe that your actions may cause financial loss or legal liability for you, our users or us.
X. Privacy.
01 We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.
02 We view protection of users' privacy as a very important community principle. We believe and understand that you and all your personal information that you supply to us with one of our greatest assets.
03 We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.
04 We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at www.carddrifter.com/privacy.php. If you object to your Information being transferred or used in this way please do not use our services.
XI. No Warranty.
01 WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
02 Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
XII. Liability Limit.
01 IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
02 OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
XIII. No Agency.
01 You and CardDrifter are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
