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Terms of Service

Last updated: January 2025

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and TCBinder ("we," "our," or "us") governing your access to and use of our trading card collection management platform. By creating an account, accessing, or using our service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our service.

Eligibility

You must be at least 13 years old to use TCBinder. If you are under 18, you must have permission from a parent or legal guardian. By using our service, you represent and warrant that you meet these eligibility requirements.

User Accounts

To access certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your password
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities that occur under your account
  • Not share your account credentials with others
  • Not create multiple accounts or impersonate others

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

License and Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our service for personal, non-commercial purposes. You agree NOT to:

  • Copy, modify, distribute, sell, or lease any part of our service
  • Reverse engineer, decompile, or attempt to extract source code
  • Remove, alter, or obscure any proprietary notices
  • Use automated systems (bots, scrapers) to access the service
  • Interfere with or disrupt the service or servers
  • Attempt to gain unauthorized access to any systems or data
  • Use the service for any illegal or unauthorized purpose
  • Violate any applicable laws or regulations

User Content

You retain all ownership rights to content you upload to TCBinder ("User Content"), including card images, descriptions, and other data. By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and distribute your User Content solely to provide and improve our service.

You represent and warrant that:

  • You own or have the necessary rights to upload and share your User Content
  • Your User Content does not infringe on any third-party rights (copyright, trademark, privacy, etc.)
  • Your User Content does not contain illegal, harmful, or offensive material
  • You will not upload malware, viruses, or malicious code

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, at our sole discretion.

Prohibited Conduct

You agree not to:

  • Harass, threaten, or harm other users
  • Impersonate any person or entity
  • Post spam, advertisements, or unsolicited messages
  • Engage in fraudulent activities or scams
  • Collect or harvest user data without permission
  • Interfere with other users' enjoyment of the service
  • Violate any applicable laws, including copyright and trademark laws
  • Use the service to distribute counterfeit or stolen goods

Subscription Plans and Billing

TCBinder offers both free and paid subscription plans. For paid plans:

  • Billing: You will be charged in advance on a recurring monthly or annual basis
  • Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date
  • Payment Method: You must provide valid payment information and authorize us to charge it
  • Price Changes: We may change subscription prices with 30 days' notice
  • Cancellation: You may cancel anytime through your account settings; cancellation takes effect at the end of the current billing period
  • Refunds: We do not offer refunds for partial months or unused portions of subscriptions
  • Free Trial: Free trials automatically convert to paid subscriptions unless cancelled

Intellectual Property

The TCBinder service, including its design, features, software, and content (excluding User Content), is owned by us and protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

Third-Party Services

Our service may contain links to third-party websites or integrate with third-party services (such as social media platforms). We are not responsible for the content, privacy practices, or terms of these third-party services. Your use of third-party services is at your own risk.

⚠️ Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Binding Arbitration

You and TCBinder agree that any dispute, claim, or controversy arising out of or relating to these Terms or the service (collectively, "Disputes") will be resolved through binding arbitration, rather than in court, except that:

  • You may assert claims in small claims court if they qualify
  • Either party may seek injunctive or equitable relief in court to prevent infringement of intellectual property rights

Arbitration Rules and Procedures

The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be held in Cook County, Illinois, or at another mutually agreed location. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules. If your claim is for less than $10,000, we will reimburse you for filing fees and pay all arbitrator fees. Each party will bear its own attorney's fees unless the arbitrator awards attorney's fees under applicable law.

CLASS ACTION WAIVER

YOU AND TCBINDER AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

This means that you cannot participate in a class action lawsuit, class arbitration, private attorney general action, or consolidated claims involving other users' accounts. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the Dispute must be brought in court.

Waiver of Jury Trial

YOU AND TCBINDER WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and TCBinder are instead electing to have disputes resolved through arbitration.

Opt-Out Right

You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to legal@tcbinder.com with the subject line "Arbitration Opt-Out" and including your name, address, and account email. If you opt out, you and TCBinder will not be bound by this arbitration provision, but all other terms of these Terms will still apply.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois and the United States, without regard to conflict of law provisions. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in Cook County, Illinois, and you consent to the personal jurisdiction of such courts.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the service after changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the service.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and TCBinder regarding the service and supersede all prior agreements.

Contact Us

If you have any questions about these Terms of Service, please contact us at:

Email: legal@tcbinder.com

General Inquiries: support@tcbinder.com