Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the OpenToTrade website, platform, and related services (collectively, the "Service"). The Service is operated by OpenToTrade ("we," "us," or "our").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all users of the Service, including collectors, vendors, and any other account holders.

2. Eligibility and User Accounts

To use the Service, you must be at least 18 years of age or the age of legal majority in your jurisdiction. By creating an account, you represent and warrant that you meet this requirement.

• You must provide accurate, current, and complete information during registration and keep your account information updated.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• You may not share, transfer, or sell your account or credentials to another person.
• You agree to notify us immediately of any unauthorized use of your account or any other security breach.

3. Acceptable Use Rules

You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of others. You will not:

• Use the Service to list, trade, or offer counterfeit, stolen, or fraudulent cards or goods.
• Misrepresent the authenticity, condition, grading, value, or origin of any card or item.
• Harass, threaten, defame, or intimidate other users.
• Send unsolicited messages, spam, or promotional content outside of permitted vendor features.
• Attempt to gain unauthorized access to the Service, other accounts, or our systems.
• Use bots, scrapers, or automated tools to collect data or interact with the Service without our permission.
• Interfere with or disrupt the Service, including its servers or networks.
• Use the Service for any illegal, fraudulent, or harmful purpose.

4. Community Standards

OpenToTrade is a community built on trust. We expect all members to treat each other with respect and honesty. The following community standards apply to all interactions on the Service:

• Be respectful and professional in all messages, posts, and reviews.
• Honor your trade commitments and communicate promptly with trade partners.
• Do not post false or misleading reviews about other users.
• Do not engage in price manipulation, shill bidding, or coordinated unfair trading.
• Respect the privacy of other users and do not share private information without consent.
• Violations of community standards may result in warnings, suspensions, or permanent account termination.

5. User Responsibilities

As a user of the Service, you are solely responsible for your activity and conduct. You acknowledge that:

• You are responsible for evaluating the condition, value, and authenticity of any card before agreeing to a trade.
• You are responsible for the safe packaging, shipping, and delivery of any cards you send.
• You are responsible for arranging and attending any in-person meetups you agree to.
• You are responsible for any taxes, fees, or legal obligations arising from your trades.
• You are responsible for complying with all applicable local, state, and national laws.

6. Trading Disclaimer

OpenToTrade is a platform that connects collectors to facilitate peer-to-peer trading. We are not a party to any trade between users and do not act as a broker, escrow agent, or guarantor.

You acknowledge and agree that OpenToTrade is NOT responsible for:

• The authenticity, condition, or grading of any card traded through the Service.
• The declared or actual value of any card or item.
• The shipping, delivery, or safe transit of any traded items.
• Any loss, damage, theft, or non-delivery of cards or other items.
• The conduct, honesty, or reliability of other users.
• Resolving disputes between users, including trade disputes, payment disputes, or meetup disputes.
• Any financial loss or harm resulting from a trade arranged through the Service.

7. User-Generated Content

You may post, upload, or share content through the Service, including profile information, binder listings, wishlist entries, community posts, messages, and reviews ("User Content").

• You retain ownership of your User Content, but you grant OpenToTrade a worldwide, non-exclusive, royalty-free license to use, display, and distribute your User Content solely to operate and improve the Service.
• You represent that you have all rights necessary to post your User Content and that it does not violate any third-party rights.
• You are solely responsible for your User Content and the consequences of posting it.
• We may remove or restrict any User Content that violates these Terms or that we determine is harmful or inappropriate.

8. Membership and Subscription Terms

OpenToTrade offers free and paid membership tiers, including Collector (free), Collector+ (paid subscription), and Vendor (paid subscription).

• Paid subscriptions are billed on a recurring basis through our payment processor until you cancel.
• You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period.
• Subscription fees are non-refundable except where required by law.
• We may change subscription pricing upon reasonable notice. Price changes apply to your next billing cycle.
• Certain premium features may be gated to paid tiers. We reserve the right to modify feature availability.

9. Account Suspension and Termination

We reserve the right to suspend, restrict, or terminate your account at any time, with or without notice, if we believe you have violated these Terms, engaged in harmful conduct, or for any other reason we deem necessary to protect the Service or its community.

• Suspensions may be temporary or permanent depending on the severity of the violation.
• You may terminate your account at any time by contacting us using the contact information below.
• Upon termination, your right to use the Service ends immediately.
• Provisions of these Terms that by their nature should survive termination shall remain in effect.

10. Limitation of Liability

To the fullest extent permitted by law, OpenToTrade and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.

You agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without warranties of any kind.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any trade, listing, or user interaction will result in a successful outcome.

In no event shall our total liability exceed the amount you have paid to us in the preceding twelve (12) months, if any.

11. Pokémon Trademark Disclaimer

Pokémon and Pokémon character names are trademarks of Nintendo, Game Freak, and The Pokémon Company. OpenToTrade is a fan-made, independent trading community tool and is not affiliated with, endorsed by, sponsored by, or officially connected to Nintendo, Game Freak, The Pokémon Company, or any of their subsidiaries.

All trademarks and registered trademarks are the property of their respective owners. References to Pokémon cards, sets, or related products are for descriptive and community purposes only.

12. Contact Information

If you have questions about these Terms, you may contact us using the following placeholder:

Email: [Contact Email Placeholder]

Mailing Address: [Business Address Placeholder]

13. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. We encourage you to review these Terms periodically.

Your continued use of the Service after any changes constitutes your acceptance of the updated Terms.