Terms and Conditions
Introduction
Hello and welcome to slabify.com operated by Slabify (“Slabify”). We thank you (“you” or the “user”) for stopping by to visit the slabify.com website (the “Site”)! Slabify is a community and marketplace for sports cards. It’s our goal to help you build the sports card collection you want by simplifying the process of buying and selling sports cards. Please read our Terms and Conditions (the “Terms” for short) and Privacy Policy carefully and keep a copy of them for your records if you like.
Accepting these Terms
The Terms are a legally binding contract between you and Slabify (which includes the owners and developers of Slabify) that sets out your rights and responsibilities when you use Slabify, including slabify.com, or any of our other services (collectively referred to as our “Services”). Slabify is offered to you conditioned on your acceptance without modification of the Terms. Your use of Slabify, even if you’re just browsing, constitutes your agreement to all such Terms.
These Terms supersede any conflicting parts of any prior agreements between Slabify and you.
These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Slabify. You are solely responsible for any activity on your account.
Electronic Communications
Visiting slabify.com
or sending emails to Slabify constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures, and
other communications that we provide to you electronically, via email and on
the Slabify.com site, satisfy any legal requirements that such communications
be in writing.
Your account
In order to use the Slabify
Services and access content, you need to (1) be 18 or older, or be 13 or older
and have your parent or guardian’s consent to the Terms, (2) be fully able and
competent to enter into the terms and conditions set forth in this agreement,
and (3) have the power to enter into a binding contract with us and not be
barred from doing so under any applicable laws.
You promise that any
registration information that you submit to Slabify is true, accurate, and
complete, and you agree to keep it that way at all times.
If you use this site,
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 and password. You may not assign or otherwise transfer your
account to any other person or entity.
You acknowledge that Slabify is not responsible for third party access
to your account that results from theft or misappropriation of your
account. Slabify and its associates
reserve the right to refuse or cancel service, terminate accounts, or remove or
edit content in our sole discretion.
Privacy
By using slabify.com,
you agree to the collection, transfer, storage and use of your personal
information by Slabify. Your use of Slabify
is subject to Slabify’s Privacy Policy.
Please review our Privacy Policy, which governs the site and informs
users of our data collection practices.
When an item is
purchased on Slabify the buyer’s personal information is processed by both Slabify
and the seller. This information may
include personal information (for example, the buyer’s name, email address, and
shipping address). Therefore, Slabify
and the seller are considered separate and independent data controllers of
buyers’ personal information under EU law.
Each party is responsible for the personal information it processes in
providing the Services. If a seller
discloses a buyer’s name and email address when fulfilling another buyer’s
order, the seller, not Slabify, will be responsible for that unauthorized
disclosure.
If, however, Slabify
and sellers are found to be joint data controllers of buyers’ personal
information, and if Slabify is sued, fined or otherwise incurs expenses because
of something that you did as a joint data controller of buyer personal
information, you agree to indemnify Slabify for the expenses it incurs in
connection with processing of buyer personal information. See the section on Indemnification for more
information about your obligations to Slabify.
Transactions on the
Site
When items are sold
on Slabify, the actual contract for sale is directly between the seller and
buyer. You understand that Slabify does
not manufacture, store, or inspect any of the items sold through our
Services. Slabify has no control over
and does not guarantee the existence, quality, safety, copyright compliance, or
legality of items advertised; the truth, accuracy, or decency of any user’s
content or listings, the ability of sellers to sell items; the ability of buyers
to pay for items; or that a buyer or seller will actually complete a
transaction or return an item.
Any legal claim
related to an item you purchase must be brought directly against the seller of
the item. You release Slabify from any
claims related to items sold through our Services, including for defective
items, damage to items during transit, items believed to be inauthentic or
altered, misrepresentations and/or breaches of contract by either buyer and/or
seller, or items that caused physical injury. This Site shall not be
responsible for the cost of procurement of substitute goods or any losses
resulting form any goods purchased or obtained. Slabify assumes no liability
for the content of the listings. However if you fall victim of a fraudulent
transaction we will assist you as much as we can.
Fees
You are responsible
for paying all fees that you owe to Slabify.
In addition, you are solely responsible for collecting and/or paying any
applicable taxes for any purchases or sales you make through our Services. A listing of applicable fees for Services is
available on our Site Fees page. If
using a payment service provider, such as Paypal for example, in order to
receive payments for items sold, you are responsible for paying all fees
associated with payment transactions. Slabify
is not responsible for collecting or paying for fees incurred when using third
party services to complete Slabify related transactions, such as those charged
by payment service providers.
You may terminate
your account with Slabify at any time.
Terminating your account may not affect the availability of your content
from the Slabify Services. Should you
terminate your account, you are still responsible for paying any outstanding
bills and fees owed to Slabify.
Slabify Ground Rules
Slabify’s Services
connect people to buy, sell, and share information about professionally graded sports
cards and related goods and subject matters.
We hope it’s a fun place to play and spend some time.
We have some Ground
Rules specific to Slabify. These rules
are part of the Terms, so you’ll want to read through each one that may apply
to you.
Ground Rules for
Everyone
We want everyone in
the Slabify community to have a good time.
As a sports card hobbyist, we want to enjoy our collections and the
people with which we share this common interest. In this spirit, we prohibit discrimination
based upon:
• Gender
• Race
• Color
• Ethnicity
• National Origin
• Religion
• Gender identity
• Sexual orientation
• Disability
• Any other characteristic protected
under applicable law
Examples of prohibited behavior include, but are not limited to:
• Refusal of service based upon
membership in one or more protected groups
• Derogatory or demeaning remarks
against protected groups listed above
• Racial slurs
• Content that glorifies past or
present hate groups
Keep all content
posted on Slabify respectable. Flaming
and trolling will not be tolerated. Feel
free to disagree but don’t make disagreements personal. Again, we’re here to encourage the sports
card collecting community to have fun.
Finally, don’t create
a user name that is offensive, vulgar, or infringes on someone’s intellectual
property rights, or otherwise violates the law.
If you feel
discrimination has occurred on Slabify, or you have been harassed or threatened
by another member, let us know at admin@slabify.com. If you find a listing on Slabify that you
believe violates our Prohibited Items Policy or is otherwise inappropriate,
please report the item to us at admin@slabify.com.
Ground Rules for
Sellers
Slabify is intended
to be a website for selling graded basketball cards only. Therefore, there are a number of items that
are explicitly restricted on Slabify:
1. Illegal Items, Items Promoting
Illegal Activity, and Highly Regulated Items
2. Internationally Regulated Items
3. Dangerous Items: Hazardous Materials, Recalled Items, and
Weapons
4. Alcohol, Tobacco, Drugs, Drug
Paraphernalia, and Medical Drugs
5. Animal Products and Human Remains
6. Hate Items: Items that Promote or Support Hatred
7. Pornography and Mature Content
8. Violent Items: Items that Promote or Support Violence
You are solely
responsible for the contents of your listings through Slabify.
Items listed on Slabify
are to be graded basketball cards. Some examples of items that are not on the
explicitly restricted list but do not meet the spirit of the Site and this
agreement are:
• Any trading cards that are not
graded by Beckett Grading (BGS/BVG), Certified
Guaranty Company (CGC / CSG), Professional Sports Authenticator (PSA), or SGC
LLC (SGC)
• Electronics such as cell phones,
computers, or telephones
• Home and garden items such as
appliances or lawn mowers
• Automobiles
Items deemed not in
the spirt of the Site may be removed by Slabify at our discretion.
Items are to be
listed in a category that matches the item for sale. Listing in the appropriate category will make
it easier for buyers to find your item and for a more pleasant shopping
experience for all.
Item titles,
subtitles, pictures and descriptions should be accurate and honest such that
they properly represent the item available for sale. Adding irrelevant keywords or special
characters in the title, subtitle or description of a listing in order to
capture attention or manipulate the search feature is prohibited. Adding unrelated pictures to listings in
order to get people to look at the listing is prohibited.
When listing an item
for sale on Slabify, be sure to provide a clear, accurate description of the
item for sale. Clearly state the
condition of the item and show pictures of the actual item. Your listing should let the buyer know the
payment methods you accept. Please state
in your listing your item return policy so that buyers know the terms of their
purchase. Finally, all listings should
clearly state the price to be charged for shipping and an overview of the
packaging and courier service to be used (i.e. USPS, UPS, FedEx, etc).
Items for sale on Slabify
are to be available for shipping to the buyer at the time of sale. We do not allow items to be listed for which
you are not the owner at the time of listing.
Furthermore, if you sell an item through a channel other than Slabify,
please remove the item from your store at your earliest convenience so that the
inventory available to buyers on the Site is as accurate as possible at all
times.
Payments for items
sold should be received within 60 minutes of selling an item. Otherwise, the seller is not obligated to
complete the transaction. If payment is
made after 60 mintues, and the seller decides not to complete the transaction,
the seller must refund the full amount paid to the buyer within 3 business
days.
As a seller, you are
responsible for paying all sales taxes for items sold using Slabify.
Our feedback system
helps give sellers confidence in buyers when considering whether or not to
accept an offer on an item. Since
feedback is so critical for our community members, you agree to leave feedback
for buyers to the best of your ability based upon receipt of their payment and
the quality of communication.
Ground Rules for
Buyers
You agree to pay for
items purchased by you, unless you have a valid reason as defined below:
• A clear typographical error has
been made in the listing by the seller
• You cannot contact the seller
• The buyer and seller come to a
mutual agreement to terminate the transaction
Payments to sellers
are to be made within 60 minutes of purchasing an item. Otherwise, the seller is not obligated to
complete the transaction. If payment is
made after 60 minutes, and the seller decides not to complete the transaction,
the seller must refund the full amount paid to the buyer within 3 business
days.
Our feedback system
helps give customers confidence in the seller when they make a purchase. Since feedback is so critical for our
community members, you agree to leave feedback for sellers to the best of your
ability based upon their fulfillment of your purchase, the timeliness of
delivery, the accuracy of the listing, and the quality of communication from
the seller.
Links to third party
sites / Third party services
Slabify.com may
contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of Slabify and Slabify is not responsible for the
contents of any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. Slabify is providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by Slabify of the site or any association with its
operators.
Certain services made
available via slabify.com are delivered by third party sites and organizations.
By using any product, service or functionality originating from the Slabify.com
domain, you hereby acknowledge and consent that Slabify may share such
information and data with any third party with whom Slabify has a contractual
relationship to provide the requested product, service or functionality on
behalf of slabify.com users and customers.
No unlawful or
prohibited use/Intellectual Property
You are granted a
non-exclusive, non-transferable, revocable license to access and use Slabify.com
strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to Slabify that you will not use the Site for any purpose
that is unlawful or prohibited by these Terms. You may not use the Site in any
manner which could damage, disable, overburden, or impair the Site or interfere
with any other party's use and enjoyment of the Site. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
Content included as
part of the Service, such as Slabify graphics, logos, or images is the property
of Slabify or its suppliers and protected by copyright and other laws that
protect intellectual property and proprietary rights. You agree to observe and
abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes
thereto.
Slabify content is
not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no
other use of the content without the express written permission of Slabify and
the copyright owner. You agree that you do not acquire any ownership rights in
any protected content. We do not grant you any licenses, express or implied, to
the intellectual property of Slabify or our licensors except as expressly
authorized by these Terms.
Your Content
Content you post
using our Services is your content (“Your Content”). This includes anything you post using our
Services, like your store name, profile pictures, listing photos, listing
descriptions, comments, etc. You
understand you are solely responsible for Your Content. You represent that you have all necessary
rights to Your Content and that you’re not infringing or violating any third
party’s rights by posting it.
By posting Your
Content using Slabify, you grant Slabify a non-exclusive, worldwide,
royalty-free, irrevocable, sub-licensable, perpetual license to use, display,
edit, modify, reproduce, distribute, store, and prepare derivative works of
Your Content to provide the Services and to promote Slabify, your Slabify
store, or Slabify Services in general, in any format and through any channels,
including across any Slabify Services or third-party website or advertising
medium.
Note that there are
certain types of content we don’t want posted on Slabify’s Services (for legal
reasons or otherwise). You agree you
will not post any content that is abusive, threatening, defamatory, obscene,
vulgar, or otherwise offensive or in violation of the Terms. You also agree not to post any content that
is false and misleading or use the Services in a manner that is fraudulent or
deceptive.
You agree that you
will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and
international laws that may apply to you.
You may not sell anything that violates any laws. Don’t engage in fraud, theft,
anti-competitive conduct, threatening conduct, or any other unlawful acts or
crimes against Slabify, another Slabify user, or a third party.
Use of communication
services
The Site may contain
stores, item listings, bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public
at large or with an individual or group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Slabify has no
obligation to monitor the Communication Services. However, Slabify reserves the
right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. Slabify reserves the right to terminate your
access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
Slabify reserves the
right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
in Slabify’s sole discretion.
Always use caution
when giving out any personally identifying information about yourself or your
children in any Communication Service. Slabify does not control or endorse the
content, messages or information found in any Communication Service and,
therefore, Slabify specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service.
Materials uploaded to
a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such
limitations if you upload the materials.
Using Slabify.com
You accept slabify.com
“as-is” and choose to use it at your own risk.
Despite the Ground Rules defined in the Terms, slabify.com may contain
inaccurate, inappropriate or offensive material, and we assume no
responsibility or liability for such material.
Abuse of slabify.com
We may limit or
terminate our service, remove hosted content and take technical and legal steps
to keep users off slabify.com if we think they are not acting consistently with
the Terms and Policies. We may terminate
or suspend your account and your access to the Services at any time, for any
reason, and without advanced notice. You
do not have a contractual or legal right to continue to use Slabify
Services. Slabify may refuse service to
anyone, at any time, for any reason. Slabify
is not liable to you for the effect that any changes to your account or to the
Service may have on you, including your ability to generate revenue through the
Services.
Liability
The information,
software, products, and services included in or available through the site may
include inaccuracies or typographical errors.
Changes are periodically added to the information herein. Slabify may
make improvements or changes in the site at any time.
To the extent legally
permitted we expressly disclaim all warranties, representations and conditions,
express or implied, including those of quality, merchantability, merchantable
quality, durability, fitness for a particular purpose and those arising by
statute. We are not liable for any direct, indirect, punitive, incidental,
special, consequential damages or any damages whatsoever including, without
limitation, damages for loss, whether of money (including profit), goodwill, or
reputation, or any special, indirect, or consequential damages arising out of
your use of Slabify Services even if you advise us or we could reasonably
foresee the possibility of any such damage occurring. If you are dissatisfied with any portion of
this site, or with any of these Terms, your sole and exclusive remedy is to
discontinue using the site.
In giving the
releases set forth in this Agreement, which include claims which may be unknown
to you at present, you acknowledge that you have read and understand Section
1542 of the California Civil Code which reads as follows: A general release
does not extend to claims which the creditor does not know or suspect to exist
in his or her favor at the time of executing the release, which if known by him
or her must have materially affected his or her settlement with the debtor. You
hereby expressly waive and relinquish all rights and benefits under that
section and any law or legal principle of similar effect in any jurisdiction
with respect to the releases granted herein, including but not limited to the
release of unknown and unsuspected claims granted in this Agreement.
Despite the previous
paragraph, if we are found to be liable, our liability to you or any third
party (whether in contract, tort, negligence, strict liability in tort, by
statute or otherwise) is limited to the greater of fifty US dollars ($50) or
the amount you paid Slabify in the past twelve months.
Indemnification
You agree to
indemnify, defend and hold harmless Slabify, its owners, officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and
expenses (including reasonable attorney’s fees) relating to or arising out of
your use of or inability to user the Slabify Services or the Slabify.com site,
any user postings made by you, your violation of any the Terms in this
agreement or your violation of any rights of a third party, or your violation
of any applicable laws, rules, or regulations.
You release Slabify from any claims, demands, and damages arising out of
disputes with other users or parties. Slabify reserves the right, at its own
cost, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate with
Slabify in asserting any available defenses.
International Users
The Service is
controlled, operated and administered by Slabify from our offices within the
USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use
the Slabify Content accessed through Slabify.com in any country or in any
manner prohibited by any applicable laws, restrictions or regulations.
Arbitration
In the event the
parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in
contract, tort, or otherwise at law or in equity for damages or any other
relief, then such dispute shall be resolved only by final and binding
arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or
a similar arbitration service selected by the parties, in a location mutually
agreed upon by the parties. The arbitrators award shall be final, and judgment
may be entered upon it in any court having jurisdiction. In the event that any
legal or equitable action, proceeding or arbitration arises out of or concerns
these Terms and Conditions, the prevailing party shall be entitled to recover
its costs and reasonable attorney's fees. The parties agree to arbitrate all
disputes and claims in regards to these Terms and Conditions or any disputes
arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The entire dispute, including
the scope and enforceability of this arbitration provision shall be determined
by the Arbitrator. This arbitration provision shall survive the termination of
these Terms and Conditions.
Class Action Waiver
Any arbitration under
these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE
PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Slabify
agree otherwise, the arbitrator may not consolidate more than one person's
claims, and may not otherwise preside over any form of a representative or
class proceeding.
Changes to Terms
Slabify reserves the right, in its sole discretion, to change the Terms under which slabify.com is offered. The most current version of the Terms will supersede all previous versions. Slabify encourages you to periodically review the Terms to stay informed of our updates.
Last Updated September
20, 2023