Terms and Conditions

Please read these Terms carefully before using battleramp.com.

Important notices

Introduction

These Terms and Conditions (the "Agreement") govern your access to and use of battleramp.com, including the content, features, and services available through the website.

For the purposes of this Agreement, the "Website", "Service" or "BattleRamp" refers to all of the content, features and services available through the website.

Throughout these Terms, BattleRamp may also be referred to as "We", "Us", or "Our".

By accessing or using BattleRamp, you acknowledge that you have read, understood, and agreed to this Agreement and our Privacy Policy. These documents together are referred to as the "Documentation".

If you do not agree to these Terms, do not access or use the Website.

1. Definitions

1.1

The following definitions apply throughout this Agreement:

• "Account" means the user account you create to access the Website.
• "Card(s)" means the digital collectible image or images offered for purchase through BattleRamp.
• "Content" means the text, images, Cards, Card Files, graphics, software, trademarks and other materials available through the Website. Content is owned by or licensed to Us.
• "Card File" means the digital image file associated with a Card you purchase and which is made available or delivered to you after purchase.
• "Excluded Territory" means the Canadian province of Quebec, and the U.S. states of Washington, Nevada, Louisiana, and Michigan. This list may be updated at any time at our discretion, including in response to changes in applicable law.
• "Permitted Territory" means the United States and Canada, excluding the Excluded Territory and any other state, province, territory or jurisdiction where use of the Website would be illegal.
• "Services" means the sale and delivery of Cards as well as any other features made available through the Website.
• "User", "you", or "your" means any person who accesses or uses the Website.

2. Eligibility

2.1

To use BattleRamp, you must:

1. meet the minimum age requirement that applies in your jurisdiction of residence, as described in Section 2.2;
2. be legally capable of entering into a binding contract;
3. be a resident of and physically located within the Permitted Territory while using the Website and not a resident of or located within the Excluded Territory;
4. not be located in or be a resident of any state, province, territory or other jurisdiction — including the Excluded Territory — where the use of BattleRamp or the purchase of Cards would be illegal or otherwise restricted;
5. use your Account only as an individual for personal purposes and not on behalf of a company or another legal entity;
6. not have previously had an Account terminated by Us because of a violation of this Agreement; and
7. not be listed on any government list of prohibited, restricted or sanctioned persons.

2.2 Minimum age requirements

You must meet or exceed the applicable age of majority in your place of residence:

Residents of Quebec are not eligible to use the Website, as described in Section 2.1.3.

2.3

We may ask you to provide documentation confirming your identity, age or location.

If you do not provide requested documentation we may suspend or terminate your Account to the extent permitted by law.

2.4

You are responsible for ensuring that your use of BattleRamp complies with the laws that apply to you.

We may restrict access to the Website from particular states, provinces or territories at our discretion, including by expanding the Excluded Territory.

3. Accounts

3.1

You must create an Account before purchasing Cards.

The information you provide must be accurate, complete and current and you are responsible for keeping it up to date.

3.2

You are responsible for keeping your Account credentials secure.

You are also responsible for activity that takes place through your Account, whether or not you personally authorized that activity.

3.3

You may only have one Account.

Creating or operating multiple Accounts may result in the suspension or termination of all Accounts associated with you.

3.4

You may not sell, transfer, share or allow another person to use your Account.

3.5

We may suspend or terminate your Account and void purchases associated with it if we reasonably suspect fraud, chargeback abuse, unlawful activity or a violation of this Agreement.

3.6

You may close your Account at any time by contacting support@battleramp.com.

Closing your Account does not affect a Card File license already granted to you under Section 7, except where forfeiture applies under Section 3.5.

4. Changes to the Website

4.1

BattleRamp may change, suspend or discontinue any part of the Website at any time, including individual Cards or features, and we may do so without prior notice.

Except as otherwise required by law, we are not responsible for losses resulting from those changes.

However, discontinuing or changing the Website will not retroactively cancel a Card File License already granted for a Card File that was delivered to you under Section 7.

4.2 Force majeure

We will not be liable for any failure or delay in performing our obligations under this Agreement, including any interruption, suspension or unavailability of the Website, where that failure or delay results from causes beyond our reasonable control. This includes, without limitation, acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, power outages, cyberattacks, government action or failure, outage or unavailability of a third-party service provider, including payment processors and hosting providers.

5. Purchases

5.1

You may purchase Cards using the payment methods available through the Website.

The name associated with the payment method you use must match the name associated with your Account.

5.2

Cards are sold using fixed price tiers displayed on the Website when you make your purchase.

We may change our prices at any time. A later price change will not affect a purchase you have already completed.

5.3

A Card design may be sold to an unlimited number of customers.

Purchasing a Card does not give you an exclusive, scarce or unique ownership interest in that design.

We do not represent or guarantee that a Card has, or will ever have, any monetary value.

5.4

You are responsible for taxes, payment-processing fees, transaction fees, currency-conversion costs or any other charges associated with your purchase where applicable.

5.5

We may void a purchase if there is a pricing error, technical malfunction or suspected fraud.

If we void a purchase under this Section, we will refund the amount paid for that specific purchase, even though Section 6 otherwise provides that purchases are final.

6. No refunds

6.1

All purchases are final.

Cards are digital content and are made available to you immediately after a purchase is completed.

Because of this, we do not provide refunds, returns, exchanges or cancellations after a purchase has been completed, except:

1. where applicable law requires us to do so; or
2. where a purchase is voided under Section 5.5 because of an error or suspected fraud.

6.2

By completing a purchase, you acknowledge and agree that delivery of the digital content begins immediately.

To the extent permitted by applicable law, you also waive any statutory withdrawal, cancellation or cooling-off right that would otherwise apply after delivery has begun.

6.3

If you believe you were charged incorrectly, charged more than once for the same transaction or charged without authorization, contact support@battleramp.com within thirty (30) days of the charge.

If we verify that an error occurred, we will correct it.

6.4

Starting a chargeback or payment dispute without first contacting us and giving us an opportunity to resolve the issue is a violation of this Agreement.

Doing so may result in suspension or termination of your Account, removal of associated Cards and recovery of chargeback fees we incur.

7. License to Cards and Card Files

7.1

When you purchase a Card, you receive a personal, limited, non-exclusive, non-transferable and revocable license to view that Card through your Account for as long as BattleRamp continues to operate.

This is referred to as the "Platform License".

7.2

Once a Card File is delivered to you, we grant you a perpetual, personal, non-exclusive and non-transferable license to download, store and privately view that Card File for your own personal and non-commercial use.

This is referred to as the "Card File License".

The Card File License continues even if you close your Account or BattleRamp is discontinued, unless the license is forfeited under Section 3.5.

7.3

Purchasing a Card does not transfer ownership of the Card, Card File, artwork or any related intellectual property to you.

Those rights remain owned by Us or our licensors.

7.4

You may not:

• resell, sublicense or transfer a Card or Card File;
• use a Card or Card File for commercial purposes;
• mint or tokenize a Card or Card File as an NFT or other blockchain asset; or
• reproduce, distribute or publicly display a Card or Card File, except to the limited extent reasonably necessary to maintain a personal backup.

8. Prohibited activities

8.1

When using BattleRamp, you agree that you will not:

1. access the Website from outside the Permitted Territory, including from the Excluded Territory or use a VPN, proxy or similar technology to disguise your location;
2. create or operate multiple Accounts or allow anyone else to use your Account;
3. exploit, reverse-engineer, disrupt, interfere with or attempt to compromise the Website or its Content;
4. use bots, scripts or other automated methods to purchase Cards;
5. engage in fraud, chargeback abuse or conduct intended to manipulate prices or availability;
6. violate applicable law while using the Website; or
7. sell, trade or transfer Cards, Card Files or your Account outside functionality that We expressly provide.

8.2

A violation of this Section is considered a material breach of this Agreement.

It may result in immediate suspension or termination of your Account, forfeiture of Cards associated with the violation and any other remedy available to Us under applicable law.

9. Intellectual property

9.1

All Content available through BattleRamp including Cards, Card Files, artwork, logos, software and other materials is owned by Us or our licensors and is protected by applicable intellectual property laws.

9.2

Other than the limited licenses specifically granted under Section 7, nothing in these Terms transfers any intellectual property rights to you.

9.3

We respect the intellectual property rights of others. If you believe that Content available through BattleRamp infringes your copyright or other intellectual property rights, contact us at support@battleramp.com with enough detail for us to identify the material in question and investigate your concern, including your contact information and the basis for your claim. We will review and respond to legitimate complaints in a reasonable timeframe.

10. Third-party materials

10.1

BattleRamp may contain links to or integrations with third-party services, including payment processors. Your use of those services may also be governed by the third party's own terms, policies and privacy practices.

10.2

We are not responsible for the content, functionality, policies or practices of a third-party service that we do not directly operate.

11. Indemnification

11.1

You agree to indemnify and hold harmless BattleRamp and our officers, employees, contractors and agents against claims, liabilities, losses or expenses arising from:

• your violation of this Agreement;
• your use of the Website;
• a purchase made through your Account; or
• your violation of applicable law or the rights of another person.

12. Dispute resolution and arbitration

12.1 Binding individual arbitration

In the event of any dispute, claim or controversy arising out of or in connection with this Agreement or your use of the Website ("Dispute"), you and BattleRamp agree to resolve such dispute through binding individual arbitration instead of in a court of law.

Either party however may bring an eligible individual claim in small claims court or seek injunctive relief for intellectual property infringement.

12.2 Informal resolution first

Before arbitration begins, you agree to contact support@battleramp.com and make a good faith effort to resolve the Dispute informally for a minimum of thirty (30) days.

12.3 Class action waiver

You and BattleRamp agree that claims against the other party may only be brought in an individual capacity and not as a plaintiff or class member in a class, collective, or representative proceeding.

12.4 Jury trial waiver

To the extent permitted by applicable law, you and BattleRamp each waive any right to a trial by jury.

12.5 Arbitration rules

Arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time of the arbitration.

The arbitration will be conducted in or with reference to the laws of the State of Delaware unless a mandatory and non-waivable provision of applicable Canadian consumer-protection law requires a different location for the arbitration or renders this arbitration clause unenforceable for a Canadian resident. In that case, such Canadian law will only govern to the extent required.

12.6 Arbitration opt-out

You may opt out of this arbitration agreement by providing written notice to support@battleramp.com within thirty (30) days from your initial acceptance of this Agreement.

Your notice must contain your name and a statement that you are opting out of this arbitration clause.

13. Governing law

13.1

This Agreement shall be governed by the laws of the State of Delaware without regard to conflicts of law.

Canadian residents shall continue to receive any non-waivable protections afforded by the laws of their province or territory of residence to the extent required by applicable law.

14. Disclaimer of warranties

14.1

The Website, the Services and all Content are provided on an "as is" and "as available" basis without any warranties of any kind, whether express or implied.

14.2

To the maximum extent permitted by applicable law, BattleRamp disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

14.3

We do not warrant that the Website will be error free, uninterrupted or secure or that defects in the Website will be corrected.

14.4

Nothing in this Section shall limit any warranty that cannot be limited or excluded under applicable law.

15. Limitation of liability

15.1

To the maximum extent permitted by applicable law, BattleRamp and its officers, employees and agents shall not be liable for any indirect, incidental, consequential, special or punitive damages including loss of profits or loss of data arising from or in connection with your use of the Website.

15.2

To the maximum extent permitted by applicable law, our total liability to you for any claim arising out of this Agreement shall not exceed the amount you have paid us during the thirty (30) days before the event that gave rise to the claim.

15.3

Nothing in this Agreement shall limit or exclude liability that cannot be legally limited or excluded including liability for fraud or death or personal injury resulting from our negligence.

15.4

If any provision of this Agreement should be declared invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.

16. General

16.1

We may update this Agreement from time to time.

Continued use of BattleRamp after updated Terms take effect constitutes acceptance of those Terms.

An update will not retroactively revoke a Card File License already granted to you under Section 7.

16.2

By using the Website, you agree to receive communications from Us electronically using the email address associated with your Account.

16.3

You may not assign or transfer this Agreement without our prior written consent.

We may assign this Agreement, including as part of a merger, acquisition, restructuring or sale of assets.

16.4

This Agreement and our Privacy Policy constitute the entire agreement between you and BattleRamp with respect to your use of the Website and supersedes all prior agreements or understandings between you and BattleRamp with respect to such use.

16.5

Our failure to enforce any right or provision of this Agreement at any time will not be considered a waiver of that right or provision. Any waiver of a provision of this Agreement shall only be effective if made in writing.

16.6

The headings used in this Agreement are for convenience only and do not affect the interpretation of this Agreement.

16.7

Questions about these Terms may be sent to:

support@battleramp.com