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Terms of Service

Welcome, and thank you for choosing NCASE CARDS for your custom sports trading card needs. NCASE CARDS creates personalized, high-quality trading cards for customers. Users can upload photos along with information (such as name, age, team and league)


These Terms of Service (the "Terms of Service" / "ToS"/ "Agreement") govern the use of the NCASE CARDS app ("NCASE" or the "App") as well as the NCASE CARDS website www.ncasecards.com (the "Website") and all services and products provided or otherwise made accessible through either of them (collectively the "Services").


The Website and Services and all content therein, are, unless otherwise designated, owned by NCASE CARDS, LLC, a California Limited Liability Company ("NCASE CARDS", "we" / "us" / "our"). These Terms of Service, together with any documents they expressly incorporate by reference, are a legally binding agreement governing our relationship with all Users and visitors of the Websitse and their use of any Content, functionality and Services offered by NCASE CARDS. As this is a legally binding document, we ask that you please read it carefully and in full, and that if you do not consent to any of the provisions provided herein, that you please refrain from using our Services, App or our Website.


By Using the App, you affirm that you are of legal age to enter into these ToS. If you have any questions about these Terms of the Service or NCASE CARDS, please contact us via an email info@ncasecards.com (for additional contact information, please, see Section 19 of these Terms “Miscellaneous”).


By using the App, Services or the Website, and via your click-through consent with the ToS, you accept and agree to abide by these Terms of Service and our Privacy Policy available at www.ncasecards.com/privacy which is incorporated here in by reference.


1. Who We Are and What We Do


WHAT WE ARE: NCASE CARDS is an ecommerce custom sports trading card platform that allows users to create personalized, high-quality trading cards. Users can upload photos, input custom information (such as athlete name, age, team, and league), and select from professionally designed templates to build one-of-a-kind keepsakes. Designed as a memorable keepsake for leagues, clubs, teams and players, NCASE CARDS handles the entire process, from design and data collection to production and delivery, making it a zero-effort solution for organizers. Our mission is to celebrate athletes while helping sports programs raise money in a fun, meaningful way.


In addition to these ToS, all uses of NCASE, including purchases and downloads, are subject to the terms and conditions applicable to the Apple App Store or other platform through which the app is purchased and/or downloaded and all Users must review and consent to those terms. As such, Users accessing or utilizing NCASE must have an active Apple App Store account in order to download and install our App and must maintain such account and abide by all applicable terms of service/use, privacy terms and other terms associated with such account.


2. Definitions


'Content' means any material, existing or having existed on or as part of our App, our Website or delivered through any of our Services in any fashion and from any origin and in any form whether digital, electronic, posted, deleted, archived, embedded, linked or contained in any subpage of our Website, any part of our App or Services or existing as data, designs, text, images, graphics, video recording, or code whether object, source or otherwise, and without limitation may generally be considered material which we have provided on or as part of the same, or which Users have provided, posted or uploaded to any of them.


'Services' means all programs, resources, tools, and usable Content provided by us as part of our App or otherwise available through our Website.


'Customer' means any party or parties purchasing a subscription to Services provided by NCASE CARDS, including as provided and otherwise available through our Website, whether said party is a business entity or an individual.


'User' shall include any and all Customers and any person or party using any of the Services or accessing any of the Content.


3. Minimum age requirement


Our Services are not intended for individuals who are under thirteen 13 years old. If you are under 13, you shall not use the App, our Website nor our Services and we will not be responsible for your use of the App, Website or the Services. Further, any party allowing any person who is under the age of 13 to utilize this App, Website or the Services shall be in material breach of these ToS and may, without limitation, have any associated permission, subscription or other license which they hold or enjoy for accessing and using our App, Website and/or Services, immediately revoked.


4. Purchases


Within the App or Website, you may be permitted to make purchases of various other goods and or services offered by us. This includes, but is not limited to, purchasing a digital and physical trading card you have created (the “Custom Trading Card”) or to which someone else had granted you access.


Note that if you purchase any Custom Trading Cards or other goods from the App or Website, we may only make shipments within the United States. While we will provide you with additional shipping information upon checkout, orders typically ship within 30 business days.


If you are an Org and place an order with respect to several individuals or a team (“Bulk Order”), note that individual participants may be granted the opportunity to request removal of their (or their child or ward’s) data or card images, in which case your order may be adjusted accordingly. Bulk Orders will be delivered to a single location and individuals may then coordinate pickup with the relevant Org.


5. User Accounts


5.1. Accounts. Free to use Services of NCASE CARDS do not require User account creation. It shall be a condition for the use of our Services that all the information provided by Users upon creation and confirmation of the concerned accounts must be correct, current and complete. All personal information provided by the Users shall be governed by our Privacy Policy. By signing up for an account you will be automatically placed on our email list, though you may choose to remove yourself via your account options or emailing us at info@ncasecards.com. You also agree to allow us to contact you regarding the Services at any contact info provided by you in connection with your account.


Note that you may also be asked to create an account using a link provided by a sports league, school or other organization (an “Org”). In such instance you understand that the Org may have certain control over your account and will receive any User-generated Content or User Contributions which you make on the Website or App (including but not limited to photos you upload and information you input). You expressly authorize us to share any and all such Content or information with the Org associated with your account. You also grant us the right to communicate with the Org regarding any and all acts you undertake on the App or Website, including informing them of suspicious or inappropriate conduct or a violation of the ToS or Privacy Policy.


If you are part of an Org you may also be granted access to exclusive templates or content.


5.2. Security of Username and Password. In all cases of creating and maintaining an account or otherwise accessing the Services, Users must treat their Username, password and other personal account information confidential, and must not disclose them to any other person or entity. Users agree to notify NCASE CARDS immediately of any unauthorized access to or use of their Username or password or any other breach of security and to defend, indemnify and forever hold harmless NCASE CARDS in any event that such breach is the result of that User’s breach of these ToS.


5.3. Account Termination. We reserve the right to terminate/suspend any User account and/or User access to any of the Services, if we consider doing so necessary, for any reason or no reason, without limitation, including by way of any violation of these Terms of Service or any other agreement between NCASE CARDS and a User, or the order/request of any regulatory, investigatory, law enforcement, government or judicial agency/entity. You agree to release us now and forever from any and all liability incurred by you as a result of our termination/suspension of your account and that you shall indemnify, defend and otherwise hold us harmless for any liability, claims, damages, liens, penalties, fines or fees (including attorney’s fees and/or accounting fees) which we incur or are brought against us by any party as a result, either directly or indirectly of our decision to terminate your account or that of any other.


You may also cancel or terminate your own account by following instructions provided or contacting customer support at info@ncasecards.com. Termination or cancellation of your account will not affect any outstanding orders unless otherwise specifically provided.


5.4. Affiliates or Influencers. We may allow for the creation of affiliate or influences accounts, or the generation of codes for affiliates or influences, in which case such persons may share links to purchase goods and or Services from us which are related to a particular User in exchange for a percentage of generated sales. Note that we reserve the right, in our sole discretion, to authorize or terminate such relationships at any time and to cancel or de-active the relevant codes or links as we deem necessary.


6. Right to Amend


6.1. Right to Amend the Website and Services. We reserve the right to amend the App, the Website and the Services, and any feature, functionality or material that we provide through the App, the Website and/or the Services, at our sole discretion. We will not be liable if for any reason our App, Website or Services are unavailable in whole or in part at any time or for any period. From time to time, we may restrict access to some parts of the App, the Website and/or Services, or all of them.


6.2. Right to Disable Username and Password. We have the right to disable any Username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.


7. Intellectual Property Rights


7.1. Intellectual Property Rights Ownership. Subject to Section 10 below, the App, the Services, the Website and their entire Contents, features and functionality (including but not limited to all information, materials, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by NCASE CARDS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.


7.2. License to Use. Subject to the above-described subscription license(s), these Terms of Service permit Users to use the Services and the Website, including all materials available on the Website or through the Services, for personal, non-commercial use only. Except for their personal use consistent with these Terms of Services, Users are not otherwise permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials provided through our App, Services and/or available on our Website. For personal uses consistent with these ToS, these permissions, subject to the above-described revocable license, are granted. Additionally, Users shall not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials provided or distributed by NCASE CARDS.


This is to say that everything you see on the app or Website (apart from your photos and Content you add) is owned or licensed to us. And we allow you to enjoy the functionality of the app and Website to its fullest, but if you want to use any elements of our app outside the app, you must ask for our consent.


8. Trademarks


The names 'NCASE CARDS' and NCASE are trademarks of NCASE CARDS, LLC and all related names, logos, product and service names, designs and slogans are owned by NCASE CARDS. You must not use such marks without our prior written consent. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.


9. Prohibited Uses


You may use our App, Services and Website only for lawful and non-commercial purposes and in accordance with these Terms of Service. You agree not to use any of them:

- in any way that violates any applicable federal, state, local or international law or regulation;

- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way;

- to stalk, abuse, use profanity, send sexually explicit communication, threaten, intimidate, act in a rude, vulgar, sexist, or derogatory manner, defame, insult, make racially offensive statements, or otherwise harass any User or other individual;

- to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content standards set out in these Terms of Service;

- to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

- to impersonate or attempt to impersonate NCASE CARDS, another User or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);

- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our App, Services or Website or which may harm NCASE CARDS or our Users or expose them to liability;

- to solicit other Users into engaging into an illegal and unlawful activities and not to conspire with other Users into soliciting or committing such activities;

- in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Services;

- by use of any robot, spider or other automatic device, process or means granting access to the Services, App or the Website;

- by use any manual process to monitor or copy any of the material on the Website, App or Services or for any other unauthorized purpose without our prior written consent;

- by way of any device, software or routine that interferes with the proper working of the App, Services and the Website;

- to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

- to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, Website or any server, computer or database connected to the Website, App or Services;

- to attack the Website or App via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website, App or Services;

- to modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App, Website, Services, and other proprietary information provided along with the same, or cause others to do so.

- In any way that violates any applicable national, federal, state, local or international law or regulation;

- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;

- To generate or disseminate verifiably false information and/or content with the purpose of harming others;

- To generate or disseminate personal identifiable information that can be used to harm an individual;

- To defame, disparage or otherwise harass others;

- For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;

- For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;

- To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;

- For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;

- To provide medical advice and medical results interpretation;

- To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal

relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).

- To not upload any photos of individuals who have not provided, or where the individual is a minor have not had their parents, consent for such use of their photo.

- You may not create or purchase any goods or Services on the App or Website for the purposes of re-sale.


We have the right to monitor your Use of the App and Website to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the App or Website. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the applicable law.


We reserve the right to, in our discretion and at any time, suspend or discontinue our Services, introduce new features or impose limitations on certain features, or restrict access to the App or Website.


10. User Contributions


10.1. User Contributions Defined. The Website or the platforms through which the Services are offered or used may contain, personal or league profiles, forums, bulletin boards, and other interactive features that allow Users to post, submit, publish, display or transmit to other Users or to NCASE CARDS Content or materials (collectively, " User Contributions “) on or through the App, Website or the Services. User Contributions shall also include such Content as is generated by Users in the course of utilizing the Services (e. g. User-created Content), such as the Custom Trading Cards. All User Contributions must comply with the Content Standards and not be violative of any Prohibited Uses as set out in these Terms of Service.


10.2. License to User Contribution and Ownership of Original User Content. Any User Contribution you post to the Website or which you generate, post, or order to or through the App, Website or any of the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a non-exclusive, unlimited, transferable, sub-licensable, worldwide and royalty-free right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose or otherwise according to your account settings if and as applicable, including but not limited to advertising and marketing purpose, at our sole discretion, if such use is allowed under your account settings. The foregoing notwithstanding, User-generated Content which is submitted to or through our App, Website or any Services platform shall remain the property of the submitting User or such other party who holds ownership rights over it. Similarly, those portions of any Content which is created by a User through the utilization of our Services and Content and which constitutes original material, shall also be the property of said creating User. However, in no case shall any User-created Content result in any loss of ownership of our own Content and in all cases where User-created Content comprises a combination of User Content and our Content, each of us shall retain ownership of those parts of the Content as a whole, which belonged to us prior to such creation and any combined work thereof, shall be subject to the license terms as stated in this, Section 10.2 and as otherwise provided in these ToS.


Notwithstanding the foregoing, we commit to not selling any User-Contribution outside of in an anonymized and aggregated format.


10.3. User Representation and Warranties. You represent and warrant that:


You own or control all rights in and to the User Contributions or User-created Content otherwise, and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.


Where the User-created Content or User Contribution includes pictures, video or any other representation or media of a child or other individual, you have received the appropriate consent necessary for the use of such content in the intended manner, including but not limited to the consent of the parent or guardian of any minor involved.


All of your User Contributions and User-created Content do and will comply with these Terms of Service. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and any User Contribution or User-created Content which you create, and you, not NCASE CARDS have full responsibility for such Content, including its legality, reliability, accuracy and appropriateness.


That you will not provide your account details and log-in information to third parties and that you will not log into the Website or access the App or any of the Services through another User's account.


You understand that we process our orders based on content you submit, so we suggest you are careful about information you provide and the quality of any uploaded media.


10.4. Not Liable for User Contributions. We are not responsible, or liable to any third party, for the Content or accuracy of any User Contributions submitted or posted by Users and should you provide, upload, create or make available any Content which violates any provision of these ToS, you shall be wholly responsible for doing so and shall indemnify, defend and otherwise hold us harmless for any liability, claims, damages, liens, penalties, fines or fees (including attorney’s fees and/or accounting fees) which we incur or are brought against us by any party as a result of such violation by you or any other party accessing your Content or account, whether or not on your behalf.


11. Monitoring and Enforcement; Termination


11.1. Enforcement. We have the right to:

- remove any User Contributions for any reason in our sole discretion;

- take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right, right of publicity or other right of any person or entity, threatens the personal safety of Users of the Website, App or Services, or the public or could create liability for NCASE CARDS;

- disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services and the Website;

- terminate or suspend your access to all or part of the Website, Services and/or App and any associated Subscription for any or no reason, including without limitation, any violation of these Terms of Service;

- without limiting the foregoing, 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 materials on or through the Website, Services or App. YOU WAIVE AND HOLD HARMLESS NCASE CARDS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NCASE CARDS/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NCASE CARDS/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.


11.2. No Liability and General Liability Limitation. We do not undertake to review the material before it is posted on the Website or through use of the Services or the App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


Furthermore, with respect to any and all claims arising by virtue of our relationship with you, arising out of or in relation to your accessing or use of this Website, the App and any of our Services otherwise, our liability, in any and all cases, shall be limited in the aggregate and shall never exceed the total amount of subscription fees paid by you during or for the twelve-month period immediately following (or in the case of an initial subscription—encompassing) the time at which any such claim(s) accrued.


12. Content Standards. Third Party Content.


12.1. Content Standards. The Content standards specified herein apply to any and all User Contributions. They must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

- contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

- promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

- infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

- violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy;

- be likely to deceive any person;

- promote any illegal activity, or advocate, promote or assist any unlawful act;

- cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

- impersonate any person, or misrepresent your identity or affiliation with any person or organization;

- involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;

- give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.


12.2. Content not meeting the standards. Any Content not meeting the above standards will be promptly removed.


12.3. The Services, App and the Website may provide access to content created and/or owned by third parties (“Third-Party Content”). Some of the Third-Party Content may be provided to you separately, including on and through third party websites. For the purposes of these ToS this Third-Party Content is subject to the relevant third party’s own terms of use, which may be presented to you for acceptance by a website link or otherwise. The Services may also include or incorporate Third-Party Content licensed or provided to us by third parties that require us to pass through additional terms to you. You shall comply with all such applicable pass-through terms as they are made available to you as such terms may be updated, modified, or added from time to time. We may add or remove Third-Party Content from time to time. If you do not agree to abide by the applicable terms for any Third-Party Content, then you should not install, access, or use this Third-Party Content or any Services that include or incorporate the Third-Party Content.


13. Linking to the Website


13.1. Linking to Website. You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.


13.2. Unauthorized Framing or Linking. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.


13.3. Linking from the Website. We do not take responsibility and do not endorse any third-party websites, services and Content available on or linked to by the Website.


14. Payments


You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, the “Payment Method”) at the time of purchase to make any orders on the App or Website. Currently all payments for purchases are made through the App or Website and you are responsible for being apprised of and abiding by any and all terms of the purchases that may be imposed through your use of any platform for such orders (such as Stripe, PayPal, or the Apple App Store). We reserve the right to change the processing method without notice.


We reserve the right to offer different pricing, including special promotional plans or pricing with differing conditions and limitations. Any materially different terms from those described in these Terms of Service will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered pricing upon notice.


All pricing is exclusive of all applicable government, state, provincial, municipal or other taxes which you agree to pay based on where you are primarily domiciled. In addition to any fees charged by NCASE CARDS, you may still incur charges incidental to using our Services, such as charges for Internet access, bank charges, etc.


14.2. Cancellation and Refunds. Due to the custom nature of each order, you may only cancel your order for up to one hour after it is placed. After this window, production begins and orders cannot be cancelled. If you do timely cancel your order, we will process a refund less applicable fees and taxes already incurred by the transaction.


However, if you receive your order and there is a printing defect, damage, or fulfillment error you may request a reprint or refund by contacting our customer support at info@ncasecards.com within three days of delivery, with clear photographic evidence of the claimed deficiencies. We will process refunds and reprints at our discretion. If you do not provide any such request within the proscribed time, you shall be deemed to have accepted the order.


14.4. Taxes. You are responsible for paying all taxes associated with the subscription to the Services. Any and all payments by or on account of the subscription fee(s) payable to us shall be made free and clear of and without deduction or withholding for any taxes. If you are required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, we receive an amount equal to the sum we would have received had no such deduction or withholding been made.


15. Copyright Infringement


15.1. Reporting Claims of Copyright Infringement.


We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website, App or any of the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Website or any party of the App or Services platform controlled by us by submitting written notification to our Copyright Agent (designated below), which must include substantially the following:

- Your physical or electronic signature.

- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.

- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

- A statement that the information in the written notice is accurate.

- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright

owner.


Our designated Copyright Agent to receive such written notifications is:

Email: info@ncasecards.com

With a copy to: Habeeb@sutterlegal.com


If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.


Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.


15.2. Counter Notification Procedures.


If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

- Your physical or electronic signature.

- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.


The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.


Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.


16. Disclaimer of Warranties


Sometimes things may not work out as planned. And we don’t claim or guarantee that our Services will always work perfectly. Just as we can’t claim or guarantee that you won’t see any unexpected results while generating your Custom Trading Cards.


16.1. No Liability for Technologically Harmful Material. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website, App or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES AND THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP, WEBSITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR THROUGH ANY OF THE SAME, OR ON ANY WEBSITE LINKED TO ANY OF THEM.


16.2. Disclaimer of Warranties YOUR USE OF THE APP, THE WEBSITE, THE CONTENT OF EITHER, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP, WEBSITE OR SERVICES IS AT YOUR OWN RISK. THE APP, THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP, WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NCASE CARDS NOR ANY PERSON ASSOCIATED WITH NCASE CARDS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ANY OF THEM. WITHOUT LIMITING THE FOREGOING, NEITHER NCASE CARDS NOR ANYONE ASSOCIATED WITH NCASE CARDS REPRESENTS OR WARRANTS THAT THE APP, THE WEBSITE, THE CONTENT OF EITHER, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, APP OR THE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.


NCASE CARDS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.


THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


17. Additional Limitation of Liability


IN NO EVENT WILL NCASE CARDS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE APP, ANY CONTENT ON OR AVAILABLE THROUGH THEM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SAME, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.


THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


18. Indemnification


You agree to defend, indemnify and hold harmless NCASE CARDS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the App, the Website or the Services, including, but not limited to, your User Contributions, any use of the Website’s Content, Content existing as part of or accessible through the App or Services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the App, Website or the Services. Every term of these ToS are deemed to be material and you expressly agree that any violation of any provision of this Agreement by or allowed/caused by you, shall constitute a material breach.


19. Miscellaneous


19.1. Governing Law and Jurisdiction. All matters relating to the App, the Services and the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).


Any legal suit, action or proceeding arising out of, or related to, these Terms of Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. The forum for resolution of any such dispute shall be the State and Federal Courts of the City and County of San Francisco and/or the Northern District of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, including on the basis of inconvenient forum.


19.2. Waiver and Severability. No waiver by NCASE CARDS of any term or condition set forth in these Terms of Service 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 NCASE CARDS to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.


If any provision of these Terms of Service is held by a 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 of Service will continue in full force and effect.


19.3. Entire Agreement. The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and NCASE CARDS with respect to the Website, the App and the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.


19.4. Amendments. Please note that we reserve the right to revise and update these ToS from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website, the App and any of the Services thereafter.


19.5. Your Comments and Concerns. This website is operated by NCASE CARDS, LLC.


All feedback, comments, requests for technical support and other communications regarding the Website, App or Services should be sent to: info@ncasecards.com


Last Updated: July 3, 2025