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Terms of Service
Please read these terms carefully before using our service.
Last updated: December 2024

Terms of Service

These OnlyCards.live Terms of Service (“Agreement”) are a legally binding contract between you and OnlyCards.live (“OnlyCards,” “we,” “our,” or “us”). When we say “you” or “your,” we mean you individually and any legal entity exercising rights under this Agreement through you. By engaging with our Website or otherwise using our Products and Services, you acknowledge and accept this Agreement.

This Agreement governs your access to and use of services or products offered by or on behalf of OnlyCards, including, without limitation, access to and use of the OnlyCards.live website (the “Website”) and any other goods or services offered by OnlyCards (collectively, “OnlyCards Products”).

This Agreement, together with the OnlyCards Privacy Policy and any other terms published on the Website or otherwise notified to you, constitute a legally binding agreement between you and us. You should read all of these documents carefully.

1. Your Acceptance of This Agreement

By accessing and/or using the Website, you agree to be bound by this Agreement and any policies or guidelines incorporated by reference into it. If you do not agree, you must not access or use the Website or OnlyCards Products.

2. Eligibility and Accounts

  • You may only use the Website if you comply with the law and this Agreement.
  • You may not access or use the Website, or purchase OnlyCards Products, from any jurisdiction where doing so would be illegal or prohibited.
  • By using the Website, you represent and warrant that your participation is lawful where you live.
  • You are responsible for maintaining accurate account information and safeguarding your account credentials.

3. OnlyCards Packs

  • On our Website, we sell a product called “OnlyCards Packs” (“Packs”), which are bundles of individual collectible cards (each, a “Card”).
  • Before purchase, the full set of Cards in a Pack is visible to all users on the Website. However, you will not know which Card you will receive until you purchase and open a Pack.
  • The specific Card you receive is determined randomly at the time you open a Pack.
  • OnlyCards does not display which Cards have already been pulled from a Pack series. This ensures every user has a fair chance of receiving any remaining Card.
  • Cards may vary in rarity and value. Any estimates of value provided are for informational purposes only and should not be relied on as fair market value.

Once purchased, Packs may be opened through the Website interface, which reveals the Card you have received. Cards are then shipped to the address linked to your account, subject to applicable shipping fees and restrictions.

4. OnlyCards Credits & Buyback Offers

When you open a Pack, OnlyCards may present you with an option to exchange one or more of your revealed Cards for platform credits (“Credits”) instead of having the Cards shipped to you.

  • Expiration: Each buyback offer is valid for ten (10) minutes from the time your Pack is opened. If you do not accept within that time, the offer automatically expires and your Cards will be shipped to you.
  • Determination of Value: The number of Credits offered for your Card(s) is determined by OnlyCards in its sole discretion. Buyback offer percentages may vary by Pack and are disclosed at the time of Pack creation.
  • Use of Credits: Credits may only be used within the Website to purchase new Packs. Credits:
    • Have no cash value.
    • Are non-transferable, non-refundable, and not redeemable outside the Website.
    • Do not accrue interest and are not insured or treated as stored-value products, deposits, or money transmission instruments.
  • Acceptance of Buyback: If you accept a buyback offer within the allowed timeframe, you agree to sell the applicable Cards back to OnlyCards in exchange for the stated number of Credits, which will be applied to your account immediately.
  • Limits: OnlyCards may impose limits on the amount of Credits available to an individual account, and may reject or adjust any transaction it determines exceeds such limits.
  • Account Security: You agree not to attempt to manipulate, duplicate, or otherwise abuse the buyback system or Credits.

5. Restrictions

You agree not to:

  • Post unlawful, fraudulent, infringing, or otherwise harmful content.
  • Violate any law or regulation.
  • Reverse engineer or attempt to exploit the Website.
  • Interfere with or harm the Website or other users.
  • Scrape, harvest, or misuse Website data.
  • Attempt to create a competing product or service.
  • Upload viruses, spam, or malicious code.

We may investigate and take legal action if necessary, including suspension or termination of accounts.

6. Age Restrictions

You must be at least the age of majority in your jurisdiction to purchase Packs or use OnlyCards Products.

7. Payment and Fees

  • Fees for Packs and related services are displayed on the Website during checkout.
  • All sales are final, non-reversible, and non-refundable, unless explicitly stated otherwise.
  • We may change fees at any time without notice.

8. Privacy

Our Privacy Policy explains how we collect, use, and protect your information. By using the Website, you agree to our Privacy Policy.

9. Intellectual Property

  • All content, trademarks, logos, and materials on the Website belong to OnlyCards or its licensors.
  • You may not copy, distribute, or create derivative works of our intellectual property without permission.

10. Limitation of Liability

  • The Website and Packs are provided “AS IS” without warranties of any kind.
  • OnlyCards makes no guarantee of card value, availability, or market resale.
  • To the fullest extent permitted by law, OnlyCards is not liable for indirect, incidental, or consequential damages.
  • Our maximum liability to you will not exceed the greater of (i) the amount you paid us in the last three (3) months or (ii) one hundred dollars ($100).

11. Indemnification

You agree to indemnify and hold harmless OnlyCards from claims, damages, or losses arising from your use of the Website or breach of this Agreement.

12. Dispute Resolution & Arbitration

  • You agree to first contact OnlyCards support to resolve disputes.
  • Any unresolved dispute will be settled by binding arbitration under the Federal Arbitration Act and JAMS rules.
  • Arbitration will be on an individual basis only; no class actions.
  • You may opt out of arbitration within 30 days of accepting this Agreement by emailing support@onlycardsbreaks.com.

13. Governing Law

This Agreement is governed by the laws of Nevada, without regard to conflict of law rules.

14. Termination

We may suspend or terminate your account at any time for violations of this Agreement or suspicious activity. If your account is inactive for 12 consecutive months, we may close it and forfeit any remaining property not shipped to you.

15. Changes to These Terms

We may update this Agreement at any time by posting a new version on the Website. Your continued use of the Website constitutes acceptance of the updated Agreement.

16. Contact Information

For questions or legal notices, contact:
*support@onlycardsbreaks.com

Exhibit A: Arbitration Agreement

Please read this section carefully because it requires you and OnlyCards to arbitrate certain disputes and claims and limits the manner in which we can seek relief from each other. Arbitration precludes you and OnlyCards from suing in court or having a jury trial. You and OnlyCards agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. OnlyCards and you are each waiving the right to trial by a jury.

  • Applicability: Any dispute relating to your use of the Website or Packs will be resolved by binding arbitration, except small claims or IP disputes.
  • Rules & Forum: Arbitration will be conducted by JAMS under its rules. If JAMS is unavailable, the parties will select an alternative forum.
  • Authority of Arbitrator: The arbitrator has exclusive authority to resolve disputes, grant remedies, and issue binding awards.
  • Waiver of Jury Trial: You and OnlyCards waive rights to a jury trial.
  • Waiver of Class Actions: All disputes must be arbitrated individually.
  • Opt-Out: You may opt out within 30 days by emailing support@onlycardsbreaks.com.
  • Severability: If part of this Arbitration Agreement is found unenforceable, the rest remains in effect.
  • Modification: If OnlyCards materially changes this section, you may reject the change by opting out within 30 days.