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Welcome to Breaker’s Paradise! Below you will find our Terms of Service (the "Terms").We will sometimes refer to Breaker’s Paradise LLC (including our directors, officers, members, managers, employees, affiliates, successors and assigns (each, a "Breaker’s Paradise Representative"), except when acting as a User) as "Breaker’s Paradise", "our", "we", or "us"; we will refer to you as "you" or a derivative of you; and we will refer to a user who creates an account on Breaker’s Paradise as a "User". In some instances when describing interactions between Users we will differentiate between "buyer" Users (each, a "Buyer") and "Breaker" Users (each, a “Breaker”). Please review these Terms, the Breaker’s Paradise Privacy Policy ("Privacy Policy" and all other policies and rules published by Breaker’s Paradise ("Other Policies") before you begin using Breaker’s Paradise because the Terms, Privacy Policy, and Other Policies create a legal agreement between you and Breaker’s Paradise. By using Breaker’s Paradise, you accept and agree to be bound and abide by these Terms, our Privacy Policy, and our Other Policies, each of which are incorporated herein by reference. If you do not agree to these Terms, our Privacy Policy, or our Other Policies you are not allowed to, and you must not, access or use Breaker’s Paradise.
Breaker’s Paradise, LLC (“Breaker’s Paradise,” the “Company,” “we” and “us”) provides a marketplace to bring together collectors and card enthusiasts and make it easy and safe to connect, buy and sell. This Privacy Policy is designed to help you understand how we collect, use, and share your personal information and to help you understand and exercise your privacy rights.
This Privacy Policy applies to personal information processed by us on our mobile applications. Breaker’s Paradise is the controller (“Controller”) for the personal information we process, unless otherwise stated.
The categories of personal information we collect depend on how you interact with us and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our App, and information from other sources such as third-party services and organizations, as described below.
We may collect the following personal information that you provide to us.
• Name and Contact Information. We may collect information when you create an account, such as first and last name, email address, postal address, phone number, and other similar contact data.
• Credentials. We may collect passwords, password hints, and similar security information used for authentication and account access.
• Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by Stripe. You may find their privacy policy at https://stripe.com/privacy. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
• Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our App, request customer or technical support, apply for a job, or otherwise communicate with us.
We may collect personal information automatically when you use our App:
• Automatic Data Collection. We may collect certain information automatically when you use our App, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our App.
• Cookies.Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
• Pixel Tags/Web Beacons.A pixel tag (also known as a web beacon) is a piece of code embedded in our App that collects information about engagement on our App. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
We use your information for a variety of business purposes, including to provide our App, for administrative purposes, and to market our products and App.
• We use your information to operate our App and serve you such as managing your information and accounts; providing access to certain areas, functionalities, and features of our App; answering requests for customer or technical support; communicating with you about your account, activities on our App, and policy changes; processing your financial information and other payment methods for products or App purchased.
• We use your information for various administrative purposes, such as pursuing our interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention ;detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity; measuring interest and engagement in our App; improving, upgrading or enhancing our App; developing new products and App; ensuring internal quality control and safety; debugging to identify and repair errors with our App; auditing relating to interactions, transactions and other compliance activities; enforcing our agreements and policies; and complying with our legal obligations.
• We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law. Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising.”
We disclose your information to third parties for a variety of business purposes, including to operate our App, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer.
• In order to operate our App, we may share your personal information with our third-party service providers who use that information to help us operate our App. This includes service providers that provide us with IT support, hosting, payment processing, customer service, and related App. We may use third-party Application Program Interfaces (“APIs”) and Software Development Kits (“SDKs”) as part of the functionality of our App.
• In order to protect us or other, we may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
• If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract. Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.
• Email and Telephone Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or App you have requested..
• Text Messages. You may opt out of receiving text messages from us by updating your preferences in your account or by otherwise contacting us.
• Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device. Your Privacy Rights. In accordance with applicable law, you may have the right to:
• Access or Request Correction of Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information;
• Request Deletion, Anonymization or Blocking of your personal information when processing is based on your consent or when processing is unnecessary, excessive or noncompliant;
• Request Restriction of or Object to our processing of your personal information when processing is noncompliant;
• Withdraw your Consent to our processing of your personal information. If you refrain from providing personal information or withdraw your consent to processing, some features of our Service may not be available;
• Be informed about third parties with which your personal information has been shared.
If you would like to exercise any of these rights, please contact us. We will process such requests in accordance with applicable laws.
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.
We store the personal information we collect as described in this Privacy Policy for as long as you use our App or as necessary to fulfill the purpose(s) for which it was collected, provide our App, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Breaker’s Paradise has collected about them and whether Breaker’s Paradise disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us. We will process such requests in accordance with applicable laws.
“Sales” of Personal Information under the CCPA. For purposes of the CCPA, Breaker’s Paradise does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.
We may collect personal information automatically when you use our App:
• Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
• Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
• Verification. To protect your privacy, we will take steps the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our App.
• Right for minors to remove posted content. Where required by law, California residents under the age of 18 may request to have their posted content or information removed from the publicly-viewable portions of the App by contacting us directly below or logging into their account and removing the content or information using our self-service tools.
• SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS. If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.
• CHILDREN’S INFORMATION. The App is not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. As stated in our Terms of Service, you must be at least 18 years old in order to create an Account or use the App. If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account.
• CHANGES TO PRIVACY POLICY. We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our App after the new Privacy Policy takes effect.
You must be at least 18 years old in order to create an Account or use the App. By using the App, you represent and warrant that you are at least 18 years of age, and meet all of the eligibility requirements of these Terms. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and provisions of these Terms, you must stop using the App immediately.
We reserve the right to withdraw or amend the App, and any feature or material we provide as part of the App, in our sole discretion without notice. In addition, the App may automatically be upgraded and updated without notice to you. We will not be liable if for any reason if all or any part of the App is unavailable at any time or for any period.
We reserve the right to refuse the use of, or access to, the App to anyone, for any reason, at any time whether temporarily or permanently. We may, in our sole discretion, terminate your right to use the App with or without cause at any time, and may prevent your future use of the App. You may terminate this Agreement by simply discontinuing use of the App.
You agree that you will not:
• Use the App for any unlawful purpose or for the promotion of illegal activities;
• Use the App to, or to attempt to, harass, abuse, or harm another person or group;
• Provide others with access to or use of your Account, or use the Account or any other User without permission;
• Provide false or inaccurate information in the App or in your Account;
• Use the App for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• Make any automated use of the App, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on the App;
• Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent;
• Copy, adapt, modify, create derivative works of, distribute, sell, or lease any part of the App or materials we provide as part of the App;
• Reverse engineer or attempt to extract the any source code of the App, unless applicable laws prohibit these restrictions, or you have our written permission to do so;
• Use any software, technology, or device to scrape, spider, or crawl the App or harvest or manipulate data;
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Bypass any measures we take to restrict access to the App;
• Engage in market manipulation, for example the creation and use of multiple accounts in an effort to create the appearance increased demand for an Item;
• The distribution or sale of counterfeit, unauthorized, stolen, B-grade, or similar non-authentic Items;
• Otherwise interfere or attempt to interfere with the proper functioning of the App.
Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our App, please contact us immediately.
These Terms permit you to use the App for your use only, in accordance with the terms herein. Subject to these Terms, we hereby grant you a limited, revocable, personal, non-sublicensable, non-transferable, and non-exclusive license to access and use the App. You will use the App in full compliance with all applicable laws and regulations with regard to your use of the Apps, including all applicable laws. If you breach any of these Terms, your right to use the App will stop immediately. We reserve all rights that are not expressly granted to you under these Terms.
We require that Users comply with all applicable laws regarding Transactions, which may include licensing, business registration and the like. It is solely the responsibility of each User, and not of Breaker’s Paradise, to determine which laws are applicable to them and ensure that they are in compliance with such laws. All state, federal and local taxes, fees, and charges apply and are the sole responsibility of the Breaker. Please Note: While we require all Users to comply with applicable law, we make no effort to verify or ensure such compliance.
The App was created by card enthusiasts who were seeking a marketplace for the cards and breaks that you can find on the App. For this reason, Breaker’s Paradise does not prohibit any Breaker’s Paradise Representatives use of the App. All Breaker’s Paradise Representatives who are acting as Users must abide by these Terms.
The App allows a User to create a Breaker’s Paradise account ("Account"). A User may create an Account by entering their first name and last name and selecting a username and password, which, for the purposes of these Terms, will be considered "User Information". All Breakers must provide the following information in their Account: (1) first and last name, (2) email address, (3) physical address, (4) phone number, (5) a social media account and (6) payment information. All Users may provide additional information as requested in your Account (the foregoing will also be considered "User Information"). It is a condition of your use of the App that all the User Information you provide is, current, complete, accurate, and not false or misleading. You agree that all User Information you provide to register with the App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your User Information consistent with our Privacy Policy. While Breaker’s Paradise collects User Information, it makes no effort or attempt to verify or ensure such User Information is correct, accurate, complete and not misleading. It is your responsibility to protect your personal data and maintain the confidentiality of your User Information. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or User Information, or any unauthorized breach of your Account or User Information. You also acknowledge that your Account and User Information is personal to you and agree not to allow any other person to access the App or any portion of it using your User Information. In the event you share your Account or User Information with others, you do so at your own risk and still are liable for all use of your Account and User Information, even if such use was not authorized. We have the right to disable any Account at any time in our sole discretion, for any or for no reason, including if, in our opinion, you have violated any provision of these Terms.
Breaker’s Paradise will not be liable for any loss that you may incur as a result of someone else using your Account or User Information, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney's fees for your failure to safeguard your User Information and/or promptly notify Breaker’s Paradise about unauthorized use of your Account or breach of your Account information or password.
Breaker’s Paradise has no obligation to retain or provide you with copies of your Account Information (as defined below), User Information, or otherwise. "Account Information" is an encompassing term that is meant to include your User Information as well as Transaction history, Items listed for Transactions, conversations with other Users, if and when such functionality becomes available on the App, Payment Account information and similar information concerning the App and your App usage. This list is meant to be illustrative and not exhaustive. Breaker’s Paradise shall not be liable to you for any deletion, loss, corruption or withholding of your Account Information or User Information. You are solely responsible to copy and maintain all Account Information and User Information contained in your Account. In the event that you terminate your Account, or we terminate your right to use the App, Breaker’s Paradise may restrict your access to any Account Information, User Information or material that you may have used or stored in the App.
Breaker’s Paradise has built the App in order to provide Users with the ability to connect with other Users to coordinate Transactions. The degree to which Users may interact and know each other's identity or identifying information and the degree to which Breaker’s Paradise helps facilitate User interactions may vary from time to time, but at no time shall Breaker’s Paradise require that Users interact with each other outside of the App. YOU SHOULD PROTECT YOURSELF AT ALL TIMES, USE YOUR BEST JUDGEMENT AND TAKE GREAT SAFETY PRECAUTIONS WHEN MEETING OR INTERACTING WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND ANY INTERACTION YOU HAVE WITH ANY OTHER USER. SUBJECT TO APPLICABLE LAW AND AS FURTHER PROVIDED IN THESE TERMS, BREAKER’S PARADISE IS NOT AND SHALL NOT BE LIABLE FOR, AND YOU HEREBY RELEASE AND HOLD HARMLESS BREAKER’S PARADISE FROM, ANY AND ALL LOSS, DAMAGE, HARM, INJURY, OR CLAIMS THAT ARISE FROM OR ARE RELATED TO USER INTERACTIONS, ENGAGEMENTS, OR OTHER USE OF THE APP.
At this time, it is free to create an Account and use the App. However, Users are required to pay fees related to Transactions. These fees are outlined in our Fee Schedule, which may be updated or amended from time to time (the "Fee Schedule"). Due to the presence of these potential fees, Users may be required, upon registering their Account, to enter a desired payment method as prompted ("Payment Account").You authorize Breaker’s Paradise and/or its Billing Agent to bill you in a manner consistent with its fee structure as found in the Fee Schedule. Fees and charges that are due as a result of a Transaction are automatically billed.
You must provide Breaker’s Paradise with current Payment Account information upon registration, change of Payment Account information, and at Breaker’s Paradise's request. You are solely responsible for maintaining and updating your Payment Account information. Breaker’s Paradise is not liable for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your Payment Account.
The following shall apply if you sign up for an Account:
• You authorize Breaker’s Paradise and/or any other company that bills for products or services, or acts as billing agent for Breaker’s Paradise ("Billing Agent") to charge and/or place a hold on your Payment Account for any charges or fees related to your use of the App.
• You authorize Breaker’s Paradise and/or Billing Agent to charge and/or place a hold on your Payment Account for any charges related to your use of the App.
• You authorize the party that issued your Payment Account to pay any amounts described herein without requiring a signed receipt, and you agree that your acceptance of these Terms is authorization to the issuer to pay all such amounts.
• You authorize Breaker’s Paradise and/or its Billing Agent to continue to attempt to charge your Payment Account all amounts described herein, or any portion thereof, until such amounts are paid in full.
If the Payment Account on file is declined or otherwise rejected for any fee o charge, the User shall have 7 days to provide updated information and payment. Failure to cure the within the 7-day grace period may, at Breaker’s Paradise's sole discretion, result in termination of your Account and a penalty fee of 15% of the Transaction amount. If a User wishes to reactivate their Account after deactivation from failure to pay a fee, they will be required to satisfy any debts owed to another User or to Breaker’s Paradise before a new Account can be created.
When a Breaker posts a Break on the App, the Breakers create a binding offer to sell that particular Item as detailed in the Break information posted ("Listing Price"). When a Listing Price aligns with a Buyer's specified buying price (an "Offer") and the Break is full, the App processes an automatic purchase Transaction. Buyer's Payment Account is immediately charged the total amount of the Transaction, which includes the purchase price plus all applicable fees. At which time, the Transaction amount is deposited to the Breaker’s Payment Account. It is your responsibility to ensure that all information provided is accurate for a proper transfer. Breaker’s Paradise may be unable to recover money transferred to an improper account based on the information provided by Users. Breaker shall be responsible for the cost of fees charged for transfers. Upon the occurrence of a Transaction, Breaker ships the Item to Buyer directly within seven days. All state, federal and local taxes, fees, and charges apply and are the sole responsibility of the Breaker.
A Transaction occurs when a Listing Price and an Offer align filling the Break. Upon a Transaction, Breakers are responsible to ship the Items within seven days. Breaker shall be responsible for any additional payment necessary to ship the Item. Failure to abide by shipping policies may, at the sole discretion of Breaker’s Paradise, result in penalties. Breakers are responsible for the accuracy of an Item's description. Breakers are required to ensure that the Item matches exactly the image that is displayed on the App, and that the described condition of the Item is a true and accurate description of the condition of the Item. Any inaccuracy, whether it be the description, condition or authenticity of an Item, may, at the sole discretion of Breaker’s Paradise, result in penalties. Penalties arising from Breaker-related issues may include but are not limited to (i) additional charges of 15% of the total Transaction amount, or $12.00 (USD) for Transaction less than $45.00 (USD), whichever is greater, plus additional amounts that may be necessary to reflect the use of coupons, promotional specials, or gift certificates, and amounts that reflect the cost of a replacement Item; (ii) removal of any or all Breaker Items from the App; (iii) cancellation of any or all of Breaker's pending Transactions on the App; (iv) withholding of any payments due to Breaker; (v) limitations on Breaker's ability to buy and/or sell Items; (vi) charges to Breaker's Payment Account for costs, expenses, and fees incurred by Breaker’s Paradise as a result of Breaker's failure to properly comply with these Terms and; (vii) temporary or permanent suspensions of Breaker's Account.
When a Buyer places an Offer to enter a Break, the Buyer is responsible for the completion of payment of the Transaction amount, including all additional fees and taxes. Upon a Transaction, a Buyer authorizes Breaker’s Paradise to charge Buyer's Payment Account. Buyer is responsible for updating Payment Account information as necessary to ensure sufficient funds and accurate information that will allow the satisfaction of payment obligations arising from a Transaction. Penalties arising from payment-related issues may include buy are not limited to (i) additional charges of 15% of the total Transaction amount, or $12.00 USD for Transaction less than $45.00 USD, whichever is greater, plus additional amounts that may be necessary to reflect the use of coupons, promotional specials, or gift certificates, and amounts that reflect the cost of a replacement Item; (ii) removal of any or all Buyer's Breaker Items if said Buyer also acts as a Breaker on the App; (iii) cancellation of any or all of Buyer's Breaker pending Transactions on the App; (iv) withholding of any payments due to Buyer in its capacity as Buyer or Breaker; (v) place limits on Buyer's ability to buy and/or sell Items; (vi) charges to Buyer's Payment Account or subsequently provided means of payment for costs, expenses, and fees incurred by Breaker’s Paradise as a result of Buyer's failure to properly comply with these Terms and; (vii) temporary or permanent suspension of Buyer's Buyer and/or Breaker Account.
Notwithstanding the foregoing, Breaker’s Paradise shall not be liable or responsible for any User's damage, loss, costs or expenses arising from any Transaction. Breaker’s Paradise may provide historical Breaker’s Paradise sales data as well estimated values for Items. Any such historical sales data for an Item shall be accurate, and shall be updated frequently, but Breaker’s Paradise is under no obligation to provide such data, but rather may choose to do so for the benefit of its Users. Breaker’s Paradise's historical sales data and estimated values in no way suggest or guarantee that Items will sell for an amount that is close to or that exceeds the amount of any past Transaction or for estimated value.
You expressly authorize Breaker’s Paradise's service provider to originate credit transfers to your financial institution account. You authorize Breaker’s Paradise to collect and share with their service provider your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data.
Breaker fees to Breaker’s Paradise are currently 5% commission of the Transaction amount and 3.8% to cover payment processing. Breaker’s Paradise reserves the right to amend the Fee Schedule at any time in the future.
You agree and acknowledge the world is a dangerous place and you must use a great deal of care and caution in all interactions with other Users, whether such interactions occur within the App, by phone call, electronic communication outside of the App, or in-person interactions. While Breaker’s Paradise may facilitate User communications, in the event that Users do interact, Breaker’s Paradise encourages all Users to take proper precautions. If the identity of another User is discovered and leads to an interaction that either User considers inappropriate for any reason, Breaker’s Paradise encourages the User to contact us. BY USING THE APP AND ENTERING INTO A TRANSACTION YOU ARE ACKNOWLEDGING THAT YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE APP AND ENTERING INTO AN TRANSACTION. No Warranties THE APP, AND ANY CONTENT OR INFORMATION THEREIN, AS WELL AS ANY ITEM VERIFICATION, BREAKER’S PARADISE HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BREAKER’S PARADISE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. BREAKER’S PARADISE MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE APP, THE USE OR PERFORMANCE OF THE APP, ITEM VERIFICATION, BREAKER’S PARADISE HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BREAKER’S PARADISE. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE APP (INCLUDING ANY CONTENT AND INFORMATION THEREIN), ANY ITEM VERIFICATION, BREAKER’S PARADISE HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BREAKER’S PARADISE, BREAKER’S PARADISE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BREAKER’S PARADISE MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP, ITEM VERIFICATION, BREAKER’S PARADISE HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BREAKER’S PARADISE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE APP OR FROM ANY ITEM VERIFICATION, BREAKER’S PARADISE HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BREAKER’S PARADISE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU. BREAKER’S PARADISE IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. BREAKER’S PARADISE HAS NO DUTY OR RESPONSIBILITY TO ENSURE THAT A USER HAS A SUFFICIENT ACCOUNT BALANCE TO CONDUCT A TRANSACTION, OR TO DETERMINE IF A USER'S PAYMENT INSTRUMENT IS IN GOOD STANDING AND SUFFICIENT TO CONDUCT A TRANSACTION. USERS UNDERSTAND THAT THEY MAY INCUR FEES AND/OR CHARGES AS A RESULT OF BREAKER’S PARADISE TRANSACTIONS UNDER THE TERMS OF AGREEMENTS WITH PAYMENT INSTRUSMENT ISSUERS, OR BREAKER’S PARADISE MAY BE UNABLE TO FACILITATE SOME TRANSACTIONS. FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS FROM USER'S ACCOUNT BALANCE, THE SOLE REMEDY AGAINST BREAKER’S PARADISE SHALL BE LIMITED TO THE AMOUNT OF FUNDS TO BE TRANSFERRED PLUS FEES AND CHARGES. IN NO EVENT SHALL BREAKER’S PARADISE BE LIABLE FOR DAMAGES FOR DELAYS, NONPAYMENT, OR UNDERPAYMENT OF A PAYMENT, WHETHER CAUSED BY AN ACT OR OMISSION OF MERCARI OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.
BY USING THE APP AND ENTERING INTO A TRANSACTION YOU ARE ACKNOWLEDGING THAT YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE APP AND ENTERING INTO AN TRANSACTION. No Warranties THE APP, AND ANY CONTENT OR INFORMATION THEREIN, AS WELL AS ANY ITEM VERIFICATION, BREAKER’S PARADISE HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BREAKER’S PARADISE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. BREAKER’S PARADISE MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE APP, THE USE OR PERFORMANCE OF THE APP, ITEM VERIFICATION, BREAKER’S PARADISE HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BREAKER’S PARADISE. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE APP (INCLUDING ANY CONTENT AND INFORMATION THEREIN), ANY ITEM VERIFICATION, BREAKER’S PARADISE HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BREAKER’S PARADISE, BREAKER’S PARADISE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BREAKER’S PARADISE MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP, ITEM VERIFICATION, BREAKER’S PARADISE HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BREAKER’S PARADISE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE APP OR FROM ANY ITEM VERIFICATION, BREAKER’S PARADISE HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BREAKER’S PARADISE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU. BREAKER’S PARADISE IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. BREAKER’S PARADISE HAS NO DUTY OR RESPONSIBILITY TO ENSURE THAT A USER HAS A SUFFICIENT ACCOUNT BALANCE TO CONDUCT A TRANSACTION, OR TO DETERMINE IF A USER'S PAYMENT INSTRUMENT IS IN GOOD STANDING AND SUFFICIENT TO CONDUCT A TRANSACTION. USERS UNDERSTAND THAT THEY MAY INCUR FEES AND/OR CHARGES AS A RESULT OF BREAKER’S PARADISE TRANSACTIONS UNDER THE TERMS OF AGREEMENTS WITH PAYMENT INSTRUSMENT ISSUERS, OR BREAKER’S PARADISE MAY BE UNABLE TO FACILITATE SOME TRANSACTIONS. FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS FROM USER'S ACCOUNT BALANCE, THE SOLE REMEDY AGAINST BREAKER’S PARADISE SHALL BE LIMITED TO THE AMOUNT OF FUNDS TO BE TRANSFERRED PLUS FEES AND CHARGES. IN NO EVENT SHALL BREAKER’S PARADISE BE LIABLE FOR DAMAGES FOR DELAYS, NONPAYMENT, OR UNDERPAYMENT OF A PAYMENT, WHETHER CAUSED BY AN ACT OR OMISSION OF MERCARI OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION. Disclaimers of Liability IN NO EVENT SHALL BREAKER’S PARADISE BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, LOSS OF PROFIT, LOSS OF DATA, OR PUNITIVE DAMAGES, HOWEVER ARISING. BREAKER’S PARADISE SHALL NOT BE RESPONSIBLE TO YOU OR ANY OTHER PARTY FOR ANY LIABILITY OR DAMAGES ARISING FROM OR IN RELATION TO YOUR USE OF THE APP, WHETHER ARISING FROM A TRANSACTION OR OTHERWISE, OR ANY ITEM VERIFICATION, BREAKER’S PARADISE HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BREAKER’S PARADISE; THIS DISCLAIMER INCLUDES ANY AND ALL LIABILITY AND DAMAGE ARISING FROM HARM OR LOSS TO YOU, YOUR ITEM(S), YOUR REAL OR PERSONAL PROPERTY. ADDITIONALLY, BREAKER’S PARADISE SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES ARISING FROM ANY SUSPENSION OR TERMINATION OF YOUR ACCOUNT, INABILITY TO ACCESS YOUR ACCOUNT BALANCE, ABILITY TO USE THE APP, OR ANY FAILURE, ERROR, OMISSION, INTERRUPTION, OR DEFECT OF THE APP. IF YOU ARE IN ANY WAY CONCERNED ABOUT ANOTHER USERS SUITABILITY FOR THIS APP, PLEASE LET US KNOW IMMEDIATELY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. User Disputes ANY DISPUTE THAT ARISES BETWEEN YOU AND ANOTHER USER IS TO BE RESOLVED BY YOU AND SUCH USER. BREAKER’S PARADISE HAS NO RESPONSIBILITY TO RESOLVE ANY USER DISPUTE AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH USER DISPUTE. AS SUCH, YOU HEREBY RELEASE BREAKER’S PARADISE FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES AND LOSSES OF EVERY KIND ARISING FROM ANY USER DISPUTE. Limitation of Liability BREAKER’S PARADISE'S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO BREAKER’S PARADISE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH LIABILITY; PROVIDED THAT IF YOU HAVE PAID NO SUCH AMOUNTS, BREAKER’S PARADISE MAXIMUM LIABILITY TO YOU SHALL BE THE GREATER OF USER'S TOTAL FEES TO BREAKER’S PARADISE FOR THE 12 MONTHS PRIOR TO THE CLAIM; OR $100.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. Indemnification by You YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BREAKER’S PARADISE (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, EXPENSES, LOSSES, OR OTHER AMOUNTS (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY BREAKER’S PARADISE THAT ARISE FROM ANY CLAIM, DEMAND, OR CAUSE OF ACTION RELATING TO (1) YOUR USE OF THE APP, INCLUDING WITH RESPECT TO ANY TRANSACTION IN WHICH YOU ARE INVOLVED, (2) OUR USE OF YOUR ACCOUNT INFORMATION, (3) YOUR DISPUTES WITH OTHER USERS, (4) ANY OTHER USER'S ACTIONS OR OMISSIONS, AS THEY RELATE TO YOU, (5) YOUR BREACH OF THESE TERMS, (6) YOUR BREACH OF THE OTHER POLICIES, (7) YOUR MISUSE OF THE APP, (8) YOUR VIOLATION OF ANY LAW, OR (9) YOUR VIOLATION OF ANY OTHER USER'S OR THIRD PARTY'S RIGHTS. AS STATED THROUGHOUT, BREAKER’S PARADISE SHALL NOT BE LIABLE, AND SHALL BEAR NO LIABILITY, IN CONNECTION WITH ANY TRANSACTION. BREAKER’S PARADISE DOES NOT BUY OR SELL ITEMS OR PARTICIPATE IN ANY TRANSACTIONS BETWEEN USERS. ANY TRANSACTION IN WHICH A BREAKER’S PARADISE REPRESENTATIVE IS ACTING AS A USER SHALL BE CONSTRUED AS A USER TO USER TRANSACTION AND NOT AS A TRANSACTION INVOLVING BREAKER’S PARADISE. ANY DAMAGES OR LIABILITIES THAT ARISE FROM OR IN CONNECTION WITH A TRANSACTION WILL BE YOUR SOLE RESPONSIBILITY. Limitation on Time to File Claims YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO OR ARISING OUT OF YOUR USE OF THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Force Majeure BREAKER’S PARADISE SHALL HAVE NO LIABILITY FOR DELAYS OR FAILURE TO MEET RESPONSIBILITIES FROM ANY CONDITION OR EVENT THAT IS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO GOVERNMENTAL ACTION, ACTS OF TERRORISM, ACTS OF NATURE INCLUDING EARTHQUAKES, FIRE, FLOOD, OR OTHER ACTS OF GOD; OR LABOR CONDITIONS. THIS LIST IS MEANT TO BE ILLUSTRATIVE AND IS NOT EXHAUSTIVE. Arbitration Generally THIS SECTION PROVIDES YOUR AGREEMENT TO ARBITRATE ("Arbitration Agreement") ANY CLAIMS, SUBJECT TO LIMITED EXCEPTIONS, THAT YOU AND BREAKER’S PARADISE HAVE AGAINST EACH OTHER. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND RELIEF AGAINST BREAKER’S PARADISE THROUGH ARBITRATION, AND NOT THROUGH ANY ACTION IN COURT, BY JURY TRIAL, OR IN ANY CLASS PROCEEDING. PLEASE REVIEW THIS SECTION CAREFULLY.
Except as prohibited by law and subject to any right you have to bring a claim against Breaker’s Paradise in small claims court in the county in which you reside, or in Pike County, Ohio, you agree and acknowledge that the exclusive means for resolving any dispute or claim arising from the Terms or your use of the App shall be binding arbitration. Any action to enforce an arbitration decision, including any proceeding to confirm, modify, or vacate an arbitration decision, may be commenced in any court of competent jurisdiction, pursuant to the Governing Law and Jurisdiction section below. You can decline the provisions of this Arbitration Agreement within 30 days of accepting these Terms by emailing Breaker’s Paradise. Your opt out email must include your name and a statement manifesting your intent to opt out of the arbitration provisions of this Arbitration Agreement. By agreeing to arbitration, you agree that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on the interpretation, applicability, and enforceability of the Arbitration Agreement, as well as on all substantive and procedural claims involved in the relevant dispute. Additionally, the arbitrator shall have the authority to grant any remedy that would be available if the dispute were instead being resolved in a court of competent jurisdiction. All arbitration shall be conducted by a neutral arbitrator under the Consumer Arbitration Rules ("Rules") of the American Arbitration Association ("AAA"). Except as limited by applicable law, You and Breaker’s Paradise each hereby agree to equally share all filings, administrative and arbitrator fees to conduct the arbitration. Notwithstanding the foregoing sentence, Breaker’s Paradise will reimburse you for filing fees and pay all arbitrator fees if (1) the total amount of your claims against Breaker’s Paradise is less than $10,000 and (2) the claims arbitrated by you are resolved in your favor, as determined by the arbitrator. Each party will be solely responsible for any and all fees incurred by such party in connection with the arbitration. Unless you exercise your right to an oral hearing, arbitration shall be conducted by written submissions. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claims or disputes to Breaker’s Paradise. If we begin arbitration proceedings against you, we will provide you notice using your User Information. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this Arbitration Agreement. The AAA's Rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. If any term or provision of this Arbitration Agreement is held invalid or unenforceable, such term or provision shall be severed from this Arbitration Agreement, and the remainder of the terms and provisions shall remain in full force and effect. BY ACCEPTING THESE TERMS AND UNLESS OTHERWISE PROVIDED FOR HEREIN, YOU ARE (1) AGREEING TO THE TERMS OF THE ARBITRATION AGREEMENT IN THIS ARBITRATION AGREEMENT, (2) WAIVING YOUR RIGHT TO HAVE ANY DISPUTE OR CLAIM WITH BREAKER’S PARADISE RESOLVED IN COURT BY A JUDGE OR JURY, (3) OPTING TO HAVE ALL DISPUTES OR CLAIMS WITH BREAKER’S PARADISE RESOLVED BY A NEUTRAL ARBITRATOR, AND (4) WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS PROCEEDING. Class-Action Waiver and Jury Trial Waiver YOU AGREE THAT YOU WILL NOT COMMENCE, MAINTAIN, OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING AGAINST BREAKER’S PARADISE ("Class Proceeding") . TO THE EXTENT ANY CLAIM OR DISPUTE HEREUNDER PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BREAKER’S PARADISE, AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL. Governing Law and Jurisdiction Any claim relating to the App shall be governed by the laws of the State of Ohio, without regard to any conflict of law provisions; provided, however, that the Arbitration Agreement above shall be governed by the Federal Arbitration Act. In the event that any or all of the arbitration decision is held to be unenforceable, any litigation against Breaker’s Paradise may be commenced only in the federal or state courts located in Pike County, Ohio. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Breaker’s Paradise LLC is the sole owner of all right, title, and interest in and to the App, including all software and technology therein, as well as any and all intellectual property rights arising therefrom. Except as otherwise provided herein or as authorized in writing by Breaker’s Paradise, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products, materials, or services obtained from the App. Any use of the App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. We reserve all rights that are not expressly granted to you under these Terms.
Without limiting any term or provision of these Terms, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Items on or through the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
BREAKER’S PARADISE LLC. is the official legal name of Breaker’s Paradise, and we are an Ohio limited liability company.
Even if Breaker’s Paradise does not require strict compliance with these Terms in each instance, you are still obligated to comply with these Terms. Our failure to enforce, at any time, any of the provisions, conditions, or requirements of these Terms, or the failure to require, at any time, performance by you of any of the provisions of these Terms, will in no way waive your obligation to comply with any of the provisions of these Terms, or our ability to enforce every such provision as written. Any and all waivers by Breaker’s Paradise of any provision, condition, or requirement of these Terms will only be effective against Breaker’s Paradise if it is in writing and signed by an authorized officer of Breaker’s Paradise. No waiver by Breaker’s Paradise of any term or condition set out herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Breaker’s Paradise to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
As part of the App, we may provide you with convenient links to third-party website(s) as well as content or items belonging to or originating from third-parties (collectively, "Third-Party Content"). These links are provided as a courtesy to Users. Breaker’s Paradise has no control over Third-Party Content or the promotions, materials, information, goods or services advertised by or available from Third-Party Content. Such Third-Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by Breaker’s Paradise.
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Breaker’s Paradise regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App. If any provision of these Terms is held by an arbitrator or court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. Our rights under these Terms will survive any termination of these Terms.
Communications made through the Breaker’s Paradise e-mail and messaging system, if and when available, will not constitute legal notice to Breaker’s Paradise in any situation where notice to Breaker’s Paradise is required by contract or any law or regulation.
For contractual purposes, you (1) consent to receive communications from Breaker’s Paradise in an electronic form via the email address you have submitted; and (2) agree that all Terms, agreements, notices, disclosures, and other communications that Breaker’s Paradise provides to you electronically satisfy any legal requirement that such communication would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, consistent with and as described in more detail in our Privacy Policy. You may opt out of such email by changing your Account settings or sending notice of opt out.
We may update the App (including its content, materials, and features) from time to time. Please be advised that any content contained on the App may not necessarily be complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material. We may revise and update these Terms from time to time in our sole discretion. All changes become effectively immediately when we post them and upon your continued use of the App. It is your responsibility to check the App from time to time, so you are aware of any changes. If you continue to use the App after we post revised Terms, Privacy Policy, or other policy you signify your agreement to such revised Terms and policies. However, we shall notify you of material changes to the Terms or other policies by posting a notice in the App and/or sending an email to the email address you provided in your Account upon registration. For this reason, you should keep your contact and account information current. If, following such changes, you no longer agree to these Terms or the Privacy Policy, you must discontinue using the App.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY AND ANY OTHER TERMS PUBLISHED BY BREAKER’S PARADISE REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, AND SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
• Breakers may only sell as many spots as there are cards available, so that each buyer receives an item or card.
• All buyers in a break must receive a card.
• Fillers, which are raffles used to fill unsold break spots, are not permitted on Breaker’s Paradise.
• Races, spins, and randomized results are not permitted when Breakers sell outright spots in a races, spins, or randomized paid entries.
• Paid entry raffles are not permitted on Breaker’s Paradise.
• A pull game is where a buyer picks a number within a range that equals the total number of cards in a stack and the Breaker pulls the corresponding numbered card from that stack.
• In pull games, Breakers must show the entire stack of cards being pulled from on screen.
• Similar to Mystery Packs and Mystery Items (see below), Breakers must list the following details about the stack they are pulling from in the product's name / description: Floor price (minimum/lowest value card in the stack), Ceiling price (maximum/highest value card in the stack), Average price (average price across the stack) Total number of cards in the stack,
• In each of these, two people buy a pack/ box/ spot and use their purchases to compete with the cards in their respective packs for a winner-takes-all scenario.
• Forfeiting of cards or spots via a war is prohibited.
• All buyers of a pack / box / spot must receive cards with their purchase.
• Be Truthful about Pricing. As stated in the Community Guidelines, if you cite the value of an item, be prepared to back it up with real data on comparable market prices. Never inflate the market value of an item, especially "mystery packs" and other compilations. Market estimates of mystery packs must be available upon request; misstated values may lead to order cancellations, buyer refunds or platform banning.
• Keep all packs/items visible and on camera at all times; open all packs/items visibly on camera. We do not permit the selling of mystery packs as a "ship sealed" product.
• List product category, along with 4 elements of market price in product name and description. Unless your mystery pack or mystery item is a professionally pre-packaged product (i.e. Hit Parade / Leaf), you must list in the product's name/description four elements of market price of the product: Floor price (minimum/lowest value of the pack/item); nothing should be below this, Ceiling (max/highest value of the pack/item), Average price (average price across the packs/items), The number of packs/items that these statistics span,
Specific Guidelines for Sales of Trading Cards Subject to State-by-State Laws. Compliance is the responsibility of the Breaker.
Breaker’s Paradise is a community for card collectors and enthusiasts. In order to keep our community a fun and safe place, we require buyers and Breakers to adhere to the following guidelines:
• Do not engage in racism, bigotry or misogyny. We have a zero-tolerance policy on any of this behavior. If you’re caught doing it, you will be banned.
• Treat Breaker’s Paradise Staff with Respect: It can be frustrating when things go wrong, but the staff is here to help; treat them with respect, and cooperate with problem-solving.
• Do Not Spam: Do not send the same message over and over again.
• Do Not Bash Pricing: It’s ok to talk about the price or estimated value of an item, but it’s not ok to give anyone a hard time for what they pay for something. It’s their choice how to spend their money, and you should not criticize them for it.
• Do Not Game Auctions: Don't do anything to disrupt a live auction or artificially influence the price of an item. This includes employees of Breakers: employees can't bid on your items as a Breaker and Breakers can't bid on employee's items.
• Do Not Share Your Account: You are responsible for the activity that happens under your username; accounts should only used by those to whom the account is issued.
• Do Not Sell Fakes: Never misrepresent the authenticity of an item.
• Be Truthful about Condition: Be honest about the condition of an item you're selling.
• Be Truthful about Pricing: If you cite the value of an item, be prepared to back it up with real data on comparable market prices. Never inflate the market value of an item, especially "mystery packs" and other compilations. We may ask you to support your estimated value; misstated values may lead to orders cancellation, buyer refunds or banning.
• Do Not Improperly Associate the Breaker’s Paradise Name or Brand with Obscene or Inappropriate Content. We will ban any user that improperly associates our brand with harmful and/or inappropriate content.
• Do Not Promote Your Items in Another's Stream: Keep your commentary relevant to the stream in progress, and do not promote yourself or your items in a stream that is not yours.
• Do Not Ban without Cause: Breakers can ban users from their stream if they are judged to be violating community guidelines. Breakers must not abuse this authority, or ban without good reason.
• No Explicit Content: We do not allow content that involves nudity due to the diversity in age and cultural backgrounds of our global community.
• No Direct Competitor Promotion: Do not promote direct competitors, encourage viewers to leave the platform or perform any other type of solicitation that directly impacts our community
• Be Responsible While Going Live: We discourage Breakers from excessive drinking or marijuana use during streams.
• Please ensure you are abiding by local & federal law while using the app.
• Do Not Accept or Solicit Off-Platform Payments / Transactions: Payments for items sold must be processed through the Breaker’s Paradise platform. Breakers should never accept or solicit payment - or any part of a transaction - outside of Breaker’s Paradise's system
• No Gambling: Breaker’s Paradise is not a gaming platform, and games of chance or raffles are not permitted.
• Ship Quickly: Please ensure you ship your items within 72 hours of sale.
• Ship Safely: Carefully package your items to ensure they arrive safely.
• No Chargebacks: All bids are binding and all sales are final. If there is an issue with your purchase, please contact support. Buyers submitting payment disputes will be banned.
• If we find evidence that you were dishonest, or have mistreated another person or a Breaker’s Paradise employee, you may be temporarily or permanently banned from Breaker’s Paradise. Breaker’s Paradise will own this decision, and Breaker’s Paradise's decision will be final.
• Breaker’s Paradise reserves the right to charge any relevant penalty fees as set forth in the Terms and Conditions.