Terms and Conditions for Using this Web Site

Terms and Conditions Regarding the Use of SportsCardNation.com

As this site continues to grow, we at SportsCardNation.com are striving to preserve the integrity of the site for the use of its members and frequent site visitors. What follows is a list of Terms and Conditions which, if followed, will help keep the SportsCardNation.com web site on track for the years ahead. Please review each item below very carefully before you Agree or Disagree with these Terms and Conditions. If you decide to Agree with it, please be a good steward to the site and follow these guidelines and let us know when you feel our site is being misused. SportsCardNation.com reserves the right to update the Terms and Conditions at any time without notice to you. The most current version of the Terms and Conditions can be reviewed by clicking on the "Terms and Conditions" hypertext link located at the bottom of our home web page. If you have any questions or concerns regarding this outline before making a decision, please Contact Us.

1. Age Limit -- This web site is primarily intended for the use and enjoyment of persons who are at least 18 years old. This web site does not market to or contain information specifically intended for children less than 13 years old. Persons below 18 years of age may visit the unrestricted area of the web site, but are not authorized to register for a user name for this site.
   
   
2. Images posted to the site should be Sports and Sports Card related - Although many sports card collectors are also involved in other hobbies, we insist that the images posted to this site be restricted to the genre of sports and sports card collectibles. SportsCardNation.com reserves the right to remove images that doesn't match these criteria. A warning, alert, or announcement may be issued to the Showcase Owner, though this may not be always possible.
   
   
3. You Must Own, and have in your possession, the images You Post to a Showcase - As a Showcase Owner, you can only post the images of a items in your possession. Showcase Owners should not post scans of images that they wish to own, or appreciate. With this in mind, we also feel you should adhere to these best practices when managing your Showcase:
   
   
   1. Showcase Owners should exercise responsible Showcase maintenance and remove items from their Showcase when they no longer possess the item.
   2. Copyright infringement claims must follow the SportsCardNation.com Copyright Notice and Infringement Claims Process. Upon receiving a notice of copyright infringement, SportsCardNation.com is required by law to remove the allegedly infringing material or disable access to the material. As appropriate, copyright infringement will also result in the termination of the infringer's accounts and access. Material determined to be non-infringing will be restored to the web site. SportsCardNation.com is not responsible for any damages or losses associated with the suspension of access or removal of allegedly infringing material as the result of an infringement claim. All subscribers must read and agree to follow the Copyright Notice and Infringements Claims Process.
      
      
4. Posting Event Photographs - Event Photographs are allowed to be posted to a SportsCardNation.com Gallery Room if they are related to the hobby. We encourage all Showcase Owners to take digital pictures at Card Conventions. You may not post photographs that you have not taken yourself. SportsCardNation.com reserves the right to remove photographs from the web site that do not contribute to the community. A warning, alert, or announcement may be issued to the Showcase Owner, though this may not be always possible.
   
   
5. SportsCardNation.com is Not Responsible for Transactions Which Occur as a Result of images Posted to the Web Site - Very often, Showcase Owners will have items for sale on the SportsCardNation.com web site. When a Showcase Owner uses SportsCardNation.com to market the images they have for sale - and sells an item to another collector or site visitor - SportsCardNation.com is not responsible in any way for a successful transaction to occur. If a Site Visitor uses the SportsCardNation.com Search to locate and purchase anything, SportsCardNation.com is not responsible in any way for the transaction to be successful. Please do not ask SportsCardNation.com to help you moderate a transaction or disagreement that might occur - we wont.
   
   
6. Disclaimer -- The SportsCardNation.com site is provided on an "as is" basis without warranties of any kind, either express or implied, constructive, or statutory, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, non-infringement, or any other implied warranties arising out of course of performance, dealing and/or trade usage. SportsCardNation.com does not guarantee or warrant continuous, uninterrupted or error-free access or usage, or that defects will be corrected, or that this web site or the server that makes it available are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties so the foregoing disclaimer may not be applicable in full. This section will be allowable to the maximum extent allowed by applicable law.
   
   SportsCardNation.com does not make any warranty, whether express or implied, or make any representations regarding any content, information, services, or products obtained or provided through or in conjunction with SportsCardNation.com. Neither SportsCardNation.com, third party information providers, or other content partners make any guarantee regarding the accuracy, correctness, timeliness, sequence, reliability, or completeness of any information or content provided by SportsCardNation.com. Additionally, there are no warranties as to the results obtained from the use of the information. Any material downloaded or otherwise obtained through the use of SportsCardNation.com is downloaded at the user's own risk.
   
   The user will be solely responsible for, and assumes the entire cost of, all necessary servicing, repair, or correction in the event of any damage or loss due to content, downloads or any other material or information the user obtains from SportsCardNation.com.
   
   
7. Limitation of liability -- Under no circumstances and in no event shall SportsCardNation.com, its information providers, or content partners, or their respective employees, representatives, agents or licensors (collectively, "the SportsCardNation.com parties"), be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or absence of authenticity of, the information contained within the SportsCardNation.com web site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. Under no circumstances and in no event shall SportsCardNation.com or any of the parties be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or relating to this agreement and/or use of, or inability to use, the SportsCardNation.com web site, or the claims of third parties, including users, however caused, under any legal theory (whether in contract, tort, negligence, strict liability or otherwise), even if any SportsCardNation.com party has been advised of (or if any SportsCardNation.com party is aware of or should have been aware of) the possibility of such damages. In addition, under no circumstances and in no event will the aggregate liability of all SportsCardNation.com parties arising out of or relating to this agreement and/or relating to use of, or inability to use, the SportsCardNation.com web site, under any legal theory, exceed the amount paid by the user, if any, to access the SportsCardNation.com web site.
   
   
8. Indemnification -- User agrees to indemnify and hold harmless, and at SportsCardNation.com request, defend the SportsCardNation.com parties and their respective parents, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as "losses") insofar as such losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) your use of the SportsCardNation.com web site; or (ii) any misrepresentation of any information, representation or warranty, or breach of this agreement or any other covenant or agreement.
   
   If any third party brings a claim, lawsuit, or other proceeding(s) against any SportsCardNation.com party based on user's conduct or use of SportsCardNation.com's web site or services, user agrees to compensate all SportsCardNation.com parties (including their respective officers, directors, employees and agents) for any and all losses in connection with any such claim, lawsuit or proceeding.
   
   
9. Governing law -- The formation, construction and interpretation of this agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of Ohio, U.S.A., as such law applies to agreements between Ohio residents entered into and wholly performed within Ohio, without giving effect to any principles of conflicts of laws. This agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this agreement. By using this site, you hereby consent to the exclusive personal jurisdiction and venue of the state and federal court of the State of Ohio, U.S.A. it is hereby agreed that any action at law or in equity arising under this agreement and/or your use of the SportsCardNation.com web site shall be finally adjudicated or determined in any court or courts of the State of Ohio or of the United States of America, in Summit County, Ohio, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by Ohio law.
   
   
10. Acceptance - Your use of SportsCardNation.com constitutes acceptance of this agreement. You hereby waive any and all defenses you may have based on the electronic form of this agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this agreement and any additional terms, conditions, rules or procedures imposed by SportsCardNation.com or by third party content providers in connection with third-party content, software or services available on, through or in connection with SportsCardNation.com.