Terms of service

Terms & Conditions

These Terms & Conditions (“Terms”) represent a legally binding agreement between you and Five Star Collectibles LLC, a Missouri limited liability company (dba Trading Card Market) (“Trading Card Market”, “we”, or “us”), and govern your use of and access to sportscardmarket.com and any other websites, mobile and other applications, or services (each individually a “Site” and collectively, the “Sites”) that post or link to these Terms and the information, features, content, and services that we own, control, or make available through the Sites, whether as a guest or a registered user.

By accepting these terms, you also understand and consent to Trading Card Market’s Privacy Policy, which is incorporated into, and part of, this agreement. Our Privacy Policy describes how we collet, use, and share information. 

The Terms may be revised and updated by us from time to time without notice to you. All changes are effective immediately when we post them.  Your continued use of the Sites is your acceptance of the revised and updated Terms.

The Service is offered and available to individuals who are 13 years of age or older. By using the Service, you represent and warrant that you are 13 years of age or older. If you do not meet this requirement, you must not access or use the Service and should not send any information about yourself to us through the Service.

Mobile Terms of Service

The Trading Card Market mobile message service (the "Service") is operated by Trading Card Market (“Trading Card Market”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Trading Card Market’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Trading Card Market through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, new releases, abandoned cart, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Trading Card Market. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18669021550 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Trading Card Market mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18669021550 or email support@tradingcardmarket.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Ownership of Content

All content, information, and materials included on the Site, such as text, graphics, logos, images, audio clips, video, data, software, and other material (collectively “Content) is owned or licensed property of Trading Card Market or our licensors or certain other third parties, and is protected U.S. and international copyright, trademark, patent, or other proprietary rights.  All Content is the exclusive property of Trading Card Market, and Trading Card Market reserves all intellectual property rights in all Content.

Subject to your strict compliance with these Terms, Trading Card Market grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license for personal, non-commercial purposes to download, display, view, use, print, or copy Content.  Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on your own behalf of the behalf of any third party, constitutes a material breach of these Terms.

All rights not expressly granted to you are reserved by Trading Card Market and its licensors and other third parties.  No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.  Any unauthorized use of any Content or the Service for any purpose is prohibited.

Unlawful or Prohibited Uses

The Site may only be used for lawful purposes in accordance with these Terms and the license granted in these Terms.  As a condition of your use of this Site, you warrant to Trading Card Market that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.  You may not:

  • Make any commercial use of the Site or its Content;
  • download, copy, or transmit any Content for the benefit of any other merchant;
  • use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Trading Card Market or generally publicly available browsers;
  • frame, mirror, or use framing techniques on any part of the Site without Trading Card Market’s express prior written consent;
  • make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, except pursuant to the limited license granted by these Terms;
  • use any meta tags or any other hidden text utilizing Trading Card Market name or marks;
  • misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
  • use a buying agent to conduct transactions on the Site;
  • conduct fraudulent activities on the Site;
  • violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Trading Card Market Site) or to the Site (impersonating another user);
  • send unsolicited or unauthorized email on behalf of Trading Card Market, including promotions and/or advertising of products or services;
  • tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
  • use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
  • harvest or collect personally identifiable information about other users of the Site;
  • restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
  • use the Site to advertise or offer to sell or buy any goods or services without Trading Card Market’s express prior written consent;
  • reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
  • modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or
  • remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site; or
  • otherwise violate these Terms.

Access and Use

You may be required to register with Trading Card Market in order to access certain services or areas of the Site.  You agree that all information you provide to register with this Site is correct, current, and complete, and that it is governed by our Privacy Policy.  Further, you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you create, or are provided with, a username, password, or any other piece of information as part of our security procedures, it is for your personal use only.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  In addition to all other rights available to Trading Card Market, including those set forth in these Terms, Trading Card Market reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

Trading Card Market may, at any time, suspend, terminate, or modify the availability of the Site and Content, in whole or in part, to any individual, group, or everyone, for any reason and in Trading Card Market’s sole discretion, and without advance notice or liability.  Upon suspension or termination of your access to the Site, or upon notice from Trading Card Market, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.  The provisions of these Terms, which by their nature should survive your suspension or termination, will survive.

Use and Storage of Personal Data

You acknowledge that you have read Trading Card Market’s Privacy Policy and understand that it sets forth how we collect, store, and use your Personal Data.  “Personal Data” consists of information made available to us through your use of our Services under these Terms, including information such as your name, contact information, billing records, call or messaging logs, as well as the content of communications sent through or integrated with our Services.  If you do not agree to Trading Card Market’s Privacy Policy, you must stop using our Services. 

Except as agreed by Trading Card Market and you in writing, Trading Card Market may periodically delete your Personal Data.  Further, data storage is not guaranteed by us and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loos or deletion of your Personal Data.

You further acknowledge and agree that we may access or disclose Personal Data, including the content of communications stored on our systems, if (i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or government request, (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing death or serious bodily injury.

Copyright

If you believe that any material contained in this Site infringes your copyright, you should notify ­­­ Trading Card Market of your copyright infringement claim in accordance with the following procedure. Trading Card Market will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is: Steven Lucinski via e-mail at support@tradingcardmarket.com.    To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  E-mails sent with subject ‘DMCA” to Trading Card Market for purposes other than communication about copyright claims may not be acknowledged or responded to.  If your content has been removed from the Site in response to Trading  Card Market’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting Trading Card Market via email at: support@tradingcardmarket.com.  Please include the following information:

  • Your name, address, telephone number and email address;
  • A statement that you consent to the jurisdiction of Federal District Court for [District/State], and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
  • A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • Your written or electronic signature attesting to the above.

No Warranty

OTHER THAN AS SPECIFICALLY PROVIDED IN THESE TERMS, TRADING CARD MARKET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TRADING CARD MARKET’S SITE AND SERVICES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

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 THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE).  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 $100.  YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

Indemnification

You agree to defend, indemnify, and hold harmless Trading Card Market, its parents and affiliates, together with its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expense (including reasonable attorney’s fees and expenses) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of these Terms; or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

General Provisions

These Terms operate to the fullest extent permissible by law. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions under these Terms.  You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter.  These Terms are governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any principles of conflicts of law.

 Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Trading Card Market at 14226 Manchester Rd, Ballwin, MO 63011, or to the email address you provide to support@tradingcardmarket.com during the registration process.  Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.  Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Trading Card Market during the registration process.  In such case, notice shall be deemed given 3 days after the date of mailing.