TCGplayer API Terms & Conditions
Updated: February 8, 2021
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These TCGplayer Application Programming Interface (“API”) Terms & Conditions (the “API Terms”) shall set forth the exclusive terms and conditions between TCGplayer, Inc. (“TCGplayer”, “our”, “us” or “we”) and you regarding the use of our API and any of the materials, code, data or content from TCGplayer.com, and its related sites and pages (the “Site”) (collectively, “TCG Content”). You (and if applicable, the entity you represent) are collectively referred to as “you” or “your” in these API Terms.
How to Request Access to Our API
If you would like to use, access or reproduce any TCG Content from the Site by using our API, please submit an application form here that provides:
- the name of your organization (or whether you are acting on your own behalf);
- the reason for the request and specific use that you wish to make; and
- the particular information or content that you are seeking.
If you are requesting access on behalf of an organization, you represent and warrant that you are authorized to act on behalf of, and have the authority to bind, the entity that you represent and that is being issued an Application Key (defined below), to these API Terms.
TCGplayer has sole discretion to grant or deny any request for API access and may seek further information before making a decision.
As used herein, TCG Content and the API are collectively referred to as the “TCG Offering.”
You Can Only Use the API For Approved Purposes and Pursuant to these API Terms
If TCGplayer grants the request, then:
- Your use of any TCG Offering shall be limited to that which is approved by TCGplayer, including any other limitations or restrictions included as part of such approval;
- Such use is limited to the specific individual or entity approved by TCGplayer; and
- If there is any conflict between these API Terms and your communications with TCGplayer, including any communications related to the approval process, these API Terms control.
Changes to API Terms
TCGplayer reserves the right, at its sole discretion, to modify or replace these API Terms, in whole or in part, for any reason at any time. TCGplayer will send a copy of any material changes to these API Terms to the email address you provided at registration. You are responsible for keeping the contact information you provided to TCGplayer current and ensuring our communications are not blocked by email filters. We also ask that you regularly check our Site because we will post updates to the API Terms there as well, and your continued use of the TCG Offerings after we post changes to the API Terms will constitute your acceptance of those terms. TCGplayer may, in the future, offer new services and/or features through the API. Such new features and/or services shall be subject to the terms and conditions of these API Terms.
Subject to your compliance with the other terms herein, TCGplayer hereby grants you a non-exclusive, non-transferable, and non-sublicensable license to use the TCG Offering solely for the purpose explicitly pre-approved by TCGplayer in writing as part of your application to receive access to the TCG Offering.
TCGplayer will provide you with confidential security keys that permit you to access the API (“Application Keys”). You may not share or transfer your Application Keys to any third party. We may revoke your Application Keys at any time.
The API is provided solely for the purpose of (a) academic research or (b) promoting and facilitating access to and use of the Site. Notwithstanding any rights expressly granted under these API Terms or your communications with TCGplayer, including any communications made in connection with the approval process, you may not use or access (nor facilitate or enable others to use or access) the TCG Offering in any way which may, directly or indirectly, undermine TCGplayer’s business interests or the unique value of TCG Content without our prior written consent. For example, you agree that you may not, and you may not facilitate or enable others to use the TCG Offering to:
a) Develop, promote, or enable any product, application, or service similar to or that competes with TCGplayer’s offerings or the Site.
b) Combine TCGplayer’s pricing data with your own or a third party’s pricing data.
c) Rebrand TCG Content, or otherwise use TCG Content under your or another party’s brand.
d) Distribute TCG Content or otherwise make it available to your end users or third parties, including any other developers, for commercial or competitive purposes.
e) Collect content or information (including pricing information) from the Site using automated means (which includes using crawlers, scrapers, bots, robots, scripts, devices, browser plugins and add-ons or any other technology) other than through API access as provided by these API Terms.
f) Obtain content or information (including pricing information) from a third-party that was collected from the Site using our API or otherwise using automated means, as described above.
g) Modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the TCG Content.
h) Access or collect content or information using TCG Content in order to build, enhance, improve or promote a similar or competitive website, product, or service.
i) Copy, reproduce, distribute, republish, download, display, post or transmit in any form or any way any part of the Site, except as expressly permitted herein in connection with data made available by TCGplayer through the API.
j) Display TCGplayer Content relating to the performance of the Site relative to the performance of any third-party service or site (for example, sales volume, velocity, etc.).
k) Sell, rent, trade, distribute, lease (or otherwise commercialize), copy, store or modify content or information (including pricing information) from the Site, other than for the purposes allowed by these API Terms.
l) Knowingly create a software application, website or other interface that may be used to violate these API Terms, any other TCGplayer policy, or applicable laws, rules or regulations.
m) Use the API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage or otherwise fails to comply or is inconsistent with any part of the TCGplayer Developer Documentation, incorporated herein by this reference.
n) Have your software application, website or other interface or your use of the TCG Offering: (i) be false, inaccurate or misleading; (ii) infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance, contract, regulation or generally accepted practice in all relevant jurisdictions (including without limitation those governing trade and export, financial services, consumer protection, unfair competition, antidiscrimination or false advertising); (iv) be defamatory, trade libelous, threatening or harassing; (v) contain or distribute any malware or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data; or (vi) create liability for TCGplayer or cause TCGplayer to lose (in whole or in part) the services of TCGplayer’s ISPs or other suppliers.
o) Have your software application, website or other interface introduce to the Site, our systems, or any third party systems, any information, code or other content that (i) is illegal; (ii) is abusive; (iii) is harmful to or interferes with the Site or systems of any other entity, or the use thereof; (iv) infringes, misappropriates or otherwise violates the intellectual property, privacy or other proprietary rights of any party, including TCGplayer; (v) creates a security risk or vulnerability; or (vi) attempts to do any of the foregoing.
p) Provide any inaccurate data or information to TCGplayer or provide data or information to TCGplayer without having all of the rights necessary to provide such data or information to TCGplayer for TCGplayer to use it.
q) Misrepresent or mask your identity in providing information as part of the registration process or as part of your continuing use of the TCG Offering or during the application check process.
r) Enter into an agreement or any other arrangement with a third party in a manner that circumvents these API Terms or otherwise provides you with access to any data or content from our Site.
s) Misrepresent TCGplayer as the source of any data or content that does not come from the API and is not properly obtained from TCGplayer.
Except for the limited licenses granted by these API Terms, TCGplayer owns and retains all rights (including intellectual property rights), title and interest in and to the TCG Offering, TCGplayer trademarks and logos, TCGplayer Confidential Information, and any content created or derived therefrom (“TCGplayer IP”).
Any rights not expressly granted to you hereunder are reserved by TCGplayer or its suppliers. You will not take any action inconsistent with TCGplayer’s ownership of the TCGplayer IP.
You acknowledge that you may receive certain information from TCGplayer’s business, products, services and related transactions that is identified as “proprietary” or “confidential”, or that a third party would reasonably understand to be confidential based on the nature of the information and the circumstances surrounding the disclosure (collectively, “Confidential Information”). For example, any personally-identifiable information, or transaction-related data, is deemed Confidential Information.
You agree to keep the Confidential Information strictly confidential, not to publish or disclose any Confidential Information to a third party, and only use such information to the extent necessary to exercise your rights under these API Terms. You will use at least a reasonable standard of care in maintaining the confidentiality of the Confidential Information. Your obligations with respect to Confidential Information will continue even after the termination of these API Terms. You agree to destroy or return any Confidential Information at TCGplayer’s request. You acknowledge that monetary damages may not be a sufficient remedy for unauthorized use or disclosure of Confidential Information and that TCGplayer will be entitled (without waiving any other rights or remedies) to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction, without obligation to post any bond. Notwithstanding the above, you may disclose TCGplayer’s Confidential Information to the extent the disclosure is required by law or by order of a court or governmental agency. However, in such an event, you will assist TCGplayer in obtaining a protective order or similar protection to maintain the confidentiality of the Confidential Information to the extent possible.
Monitoring and Enforcement
TCGplayer shall have the right to monitor and audit your use of the TCG Offering and the developer portal to make sure you are abiding by these API Terms or to improve the service. You will not seek to block or otherwise interfere with the monitoring or audit, and TCGplayer may use technical means to overcome any methods you may use to block or interfere with such monitoring. Audits may also include requests for documents and information. If we believe that you or your service providers are violating these API Terms, or any laws, rules, or regulations, we may prevent you from further accessing or using the developer portal and/or the TCG Offering.
All services which utilize or access the TCG Offering shall display the following notice prominently within your software application, website or other interface: “This product uses TCGplayer data but is not endorsed or certified by TCGplayer.” You may use the TCGplayer name or logos to identify the source of the TCG Offering content source. You may not use the TCGplayer name, logo, or the like to imply endorsement of any product, service, or entity, not-for-profit, commercial, or otherwise.
When using TCGplayer pricing data, TCGplayer must be identified as the source. A link must be provided to direct the user to the appropriate TCGplayer product page or search result.
Right to Limit
Your use of the API may be subject to limitations on access, calls, or use as determined by TCGplayer. If TCGplayer believes you have attempted to exceed or circumvent these limits, your ability to use the TCG Offering may be permanently or temporarily blocked.
If you wish to terminate these API Terms, you must refrain from further use of the TCG Offering, and you must delete any TCG Content in your possession or control.
TCGplayer reserves the right, though not the obligation, for any reason at its convenience to (1) refuse to provide the TCG Offering to you, or (2) terminate or deny you access to use of all or part of the TCG Offering at any time for any reason at its sole discretion.
Disclaimer of Warranties
The TCG Offering is provided “as is” and on an “as available” basis. TCGplayer makes no representations or warranties of any kind, expressed or implied, as to the performance or operation of the TCG Offering. You expressly agree that your use of TCGplayer’s information, content and products is at your sole risk.
TCGplayer hereby disclaims all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.
Without limiting the foregoing, TCGplayer makes no representation or warranty that the TCG Offering will be error-free or accurate, that access thereto will be continuous or uninterrupted, or that the TCG Offering is free of viruses or other harmful components. Furthermore, TCGplayer will not be liable for any damages or loss caused by the use of the TCG Offering.
Limitation of Liability
TCGplayer will not be liable for any indirect, incidental, punitive or consequential damages arising out of or in connection with the TCG Offering, the TCGplayer IP, or the subject matter of these API Terms.
To the fullest extent provided by law, TCGplayer will not be liable to you for more than the greater of (a) the total fees paid to TCGplayer by you during the one-month period prior to the act, omission or occurrence giving rise to such liability, or (b) or $50.
You agree to indemnify and hold harmless TCGplayer, its affiliates and its and their directors, officers, contractors, employees, agents, successors and assigns from and against any and all claims loss, damage, liabilities, and expenses, including without limitation attorney’s fees, arising out of (a) your use of the TCG Offering, (b) your breach of any term of these API Terms; or (c) any actual or alleged (direct or indirect) infringement or misappropriation of intellectual property rights by your software application, website or other interface.
These API Terms (including any other terms or documents expressly referenced or incorporated herein) constitute the entire agreement between TCGplayer and you concerning the subject matter hereof, supersede all prior understandings and communications between TCGplayer and you, oral or written, and may only be modified by the posting of a revised version of these API Terms by TCGplayer. These API Terms are personal to you, and you may not assign or delegate your right and/or duties under these API Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations under these API Terms. If for any reason a court of competent jurisdiction finds any provision of these API Terms to be unenforceable, the provision of these API Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these API Terms will continue in full force and effect. For purposes of this Agreement, (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; and (b) the word “or” is not exclusive.
You agree that any claim, cause of action or dispute you have against us that arises out of or relates to these API Terms or our Site, will be resolved exclusively in the U.S. District Court for the Northern District of New York or a state court located in Onondaga County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of New York will govern these API Terms and any claim, without regard to conflict of laws and principles thereof.
No Waiver of Rights
TCGplayer’s failure to exercise or enforce any right or provision of these API Terms shall not constitute a waiver of such rights or provision. No waiver by TCGplayer will have effect unless such waiver is set forth in writing, signed by us. No waiver of any breach or default in one instance will constitute a waiver of any subsequent breach or default.
You (a) consent to receive communications from us in an electronic form, whether via email or posting on the developer portal or other reasonable means; and (b) agree that all terms and conditions, API Terms, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing. If you have any questions about the foregoing, please contact us at the following e-mail address: email@example.com