TCGplayer Subscription Agreement Between TCGplayer and Buyer
Effective Date: 9/19/19
- Acceptance. By clicking “I accept” (or by effecting or indicating any other indicia of acceptance), you (“Buyer”) agree to comply with the terms set forth in this agreement (“Agreement”) between TCGplayer, Inc. (“us”, “we”, “our”) and Buyer for use of the TCGplayer Subscription service described at infinite.tcgplayer.com. (“Subscription Services”).
- Terms of Service. The TCGplayer Terms of Service (“Terms”) are hereby incorporated by reference into this Agreement. Capitalized terms used but not defined in this Agreement have the meanings given in the Terms. To the extent there is a conflict between the Terms and this Agreement, this Agreement will govern solely to the extent of the conflict.
- Service. Buyer will have the option to use Subscription Services. The fee for the Subscription Services is set forth at infinite.tcgplayer.com.
- Automatic Renewal. Buyer’s subscription for Subscription Services will continue indefinitely until terminated in accordance with this Agreement or the Terms. After Buyer’s initial subscription period, and again after any subsequent subscription period, Buyer’s subscription for the Subscription Services will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at TCGplayer’s then-current price for such subscription. Buyer agrees that their subscription will be subject to this automatic renewal feature unless they cancel their subscription prior to the Renewal Commencement Date. If Buyer cancels their subscription, Buyer may use their subscription until the end of Buyer’s then-current subscription term; Buyer’s subscription will not be renewed after Buyer’s then-current term expires. However, Buyer will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, Buyer authorizes us to charge Buyer via the applicable Payment Method (as defined in the Terms) now, and again at the beginning of any subsequent subscription period. Upon renewal of Buyer’s subscription, if we do not receive payment from Buyer via the Payment Method, (a) Buyer agrees to pay all amounts due on their account upon demand; and/or (b) Buyer agrees that we may either terminate or suspend Buyer’s subscription and continue to attempt to charge Buyer via the applicable Payment Method until payment is received (upon receipt of payment, Buyer’s account will be activated and, for purposes of automatic renewal, Buyer’s new subscription commitment period will begin as of the day payment was received).
- Termination. Either party may terminate this Agreement for convenience at any time by providing notice to the other party.
- Survival. Sections 4, and 6 through 8, and any liabilities or payment obligations that have accrued prior to any expiration or termination of this Agreement will survive any such expiration or termination of this Agreement.
- Changes. We reserve the right, in our sole discretion, to modify or replace the terms and conditions of this Agreement or any aspect of the Subscription Services without notice to you. It is your responsibility to check this Agreement and our description of the Subscription Services periodically for changes. Your continued use of the Subscription Services following the posting of any changes to the Subscription Services or this Agreement constitutes acceptance of those changes.
- Personal, Non-Commercial Use Only. The Subscription Services are only for Buyer’s personal and non-commercial use. They may not be shared or used for the benefit of individuals beyond Buyer’s immediate household, whether for other relatives, friends or otherwise. The Subscription Services may not be used for any business purpose, including shipment to customers of Buyer. If we believe, in our sole discretion, that Buyer is violating the terms of this Agreement (including this Section 8) or otherwise potentially abusing or misusing the Subscription Services, we may suspend or terminate Buyer’s Subscription Services immediately. For example, use of the Subscription Services for unusually large volumes of products may indicate such abuse. This does not limit our additional right to terminate this Agreement for convenience pursuant to Section 5.
- Miscellaneous. (a) This Agreement, together with any of our applicable rules or policies (including the Terms) referred to herein, represents the complete agreement between Buyer and us concerning the subject matter hereof, and it replaces and supersedes all prior oral or written communications concerning such subject matter; (b) Any notice hereunder must be given in writing by submitting a ticket at https://help.tcgplayer.com/hc/en-us/requests/new or by email to us at firstname.lastname@example.org (if made by Buyer to TCGplayer) or to the Buyer email provided to TCGplayer (if made by TCGplayer to Buyer); (c) This Agreement will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties; (d) The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability will not in any way affect the validity or enforceability of the remaining provisions hereof. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be reformed, if reasonably possible, only to the extent necessary to make it enforceable; (e) The headings and subheadings in this Agreement are for convenience only, confer no rights or obligations in either party, and do not alter any terms of this Agreement; and (f) The parties represent and agree that they fully understand their right to discuss all aspects of this Agreement with their attorneys, that they have availed themselves of this right, that their attorneys have counseled them with respect thereto, that they have carefully read all of the provisions of this Agreement, that they fully understand those provisions and that they are voluntarily entering into this Agreement.
- 4/1/22 - Program name changed from TCGplayer Infinite to TCGplayer Subscription.