- DESCRIPTION OF SERVICES
AR Discs offers a wide variety of content that pertains to sports, entertainment, collectibles, candy products, games, contests, and other forms of consumer entertainment and information. Some of these Services contain important information about AR Discs products, allow users to play games related to AR Discs products, or provide a store where users can purchase AR Discs products through the Internet. Other Services have functionality that allow users to upload user-generated content, keep track of virtual cards or collectibles in user-controlled portfolios, enter virtual worlds, build virtual characters, or download AR Discs related content, such as screensavers or graphics. When using AR Discs owned or operated Services, you shall be subject to any posted guidelines or rules applicable to such Services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our AR Discs Online Store Policy) are hereby incorporated by reference into these Terms. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms. These Services are solely for your personal, noncommercial use.
- REGISTRATION OBLIGATIONS
Some Services require registration, while others do not. Still others require registration before accessing certain areas or functionality (“Restricted Areas”). When you do register with us, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or if AR Discs has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Topps may terminate your access to areas requiring registration and any account(s) you have registered, at its sole discretion.
- ACCOUNT PASSWORD AND SECURITY
When registering for any of the Services, you may be required to select a Username and Password that will be used to access your account. You are responsible for maintaining the confidentiality of your Password, and are fully responsible for any use of your Password, whether by you or others. You agree to (a) keep your Password confidential and not share it with anyone else; (b) immediately notify AR Discs of any unauthorized use of your Password or account or any other breach of security; and (c) use only your Password to access any Restricted Areas on the Sites. AR Discs cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that AR Discs is authorized to act on instructions received through use of your Password, and that AR Discs may, but is not obligated to, deny access or block any transaction made through use of your Password without prior notice if we believe your Password is being used by someone other than you, or for any other reason.
- PRODUCT ORDERS
Some Services provide a store where users can purchase AR Discs products. You acknowledge and agree that any purchase you make or attempt to make through the Services is subject to the Terms, including the terms described in this section 4. The Terms posted at the time of your purchase or attempted purchase will govern such purchase or attempt.
Eligibility to Order. To place an order through the Services, you must be of legal age in your country or state of residence. AR Discs may require you to have a registered account on ARDiscs.com and be logged into your account at the time of purchase in order to purchase products through the Services. You will need a valid email account to place an order.
Acceptance of Orders. When you submit an order, we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the products are shipped to you—we will send you an email confirming that the products have been shipped. An order is not accepted until the products have shipped. If we are unable to supply you with a product you have ordered, we will inform you of this in writing and will not process the order.
Our Right to Reject an Order. Fulfillment of all orders through the Services is subject to availability. We expressly reserve the right to not accept your order for any reason in our sole discretion. By using the Services, you agree that we are not liable for any damages or costs other than repayment of any amount received from you in connection with an order we do not accept. We may not accept an order for reasons including, but not limited to, the following:
- the product is not available/in stock;
- your billing information is not correct or not verifiable;
- your order is flagged by our security review as suspicious or susceptible to fraud;
- there was an error in the price or other information displayed for the products;
- we believe that you or any third party have used or attempted to use programmatic traffic, bots, direct purchase links, or other software, artificial intelligence or tactics to place automatic orders or block orders from others;
- we believe that you have violated any terms or conditions applicable to any products, such as limitations on the number of products that may be purchased;
- we believe that you have used multiple accounts to place orders in violation of any terms or conditions applicable to product purchases;
- the occurrence of an Event Outside Our Control (see below).
Data Check. When you send us your order, we may run checks on it before shipment occurs. The checks may include verifying your address and checking for fraud. Suspected fraud on the Services will be investigated and may be subject to referral to criminal authorities for prosecution in our sole discretion.
Events Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs, civil commotion, riot, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, tornado, or other natural disaster, epidemic, government action or order, or failure of public or private telecommunications networks that makes it impossible, illegal or inadvisable to accept or fulfill any order. If an Event Outside Our Control takes place that affects the performance of any of our obligations, including fulfillment of orders, we will contact you as reasonably practicable to notify you of any effect on your order, which may include a rejection of your order or an extension of time for delivery.
- USER CONDUCT
By using the Services, it is your responsibility to know, understand and abide by our rules of conduct. These rules are not meant to be exhaustive, and AR Discs reserves the right to determine what types of conduct it considers to be inappropriate use of the Services and to take such measures as it sees fit. AR Discs reserves the right to add to or amend this list of rules at any time.
You agree that you will not use the Services to:
- post, e-mail, transmit, upload, or otherwise make available content that harasses, abuses, defames, or threatens other users, that contains profanity, or obscene or otherwise objectionable content, or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
- stalk or otherwise harass any other person or entity;
- post, e-mail, transmit, upload, or otherwise make available content that contains any other party’s intellectual property unless you have the right to do so or violates the privacy, publicity or other personal rights of others;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity except as explicitly authorized herein;
- post, e-mail, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs which (by design or function) interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- promote or facilitate illegal gambling or wagering;
- make available, distribute, re-upload or share any video, photos, downloads or other content provided by AR Discs or through the Services to any other website, streaming technology, peer-to-peer software, or similarly unauthorized distribution channel unless expressly authorized to do so by AR Discs .
- Use any meta tags or any other hidden text using AR Discs ’ name or trademarks.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the Services.
- Access any content not intended for your use or log onto a server or account that you are not authorized to access.
- Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Violation of the rules of conduct may result in the immediate removal of your content from the Services and/or the termination of your account(s).
You understand that all postings and content submitted to any of the Services by users (“User Materials”), whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not AR Discs , are entirely responsible for all User Materials that you upload, post, share, e-mail, transmit, or otherwise make available via the Services. Under no circumstances will AR Discs be liable in any way for any User Materials uploaded, posted, shared, e-mailed, transmitted or otherwise made available via the Services.
You acknowledge that AR Discs may or may not pre-screen User Materials, but that AR Discs and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Services. Without limiting the foregoing, AR Discs and its designees shall have the right to remove any User Materials that violate these Terms or are otherwise objectionable at AR Discs ’ sole and absolute discretion. You understand that by using the Services, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Services.
With respect to User Materials you directly submit or make available on the Services, you grant AR Discs an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed, and for any commercial or non-commercial purposes.
You agree to defend, indemnify and hold harmless AR Discs , its parent company, affiliates, subsidiaries, employees, contractors, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney’s fees) made by any third party due to or arising out of your use of the Services, any transaction resulting from use of the Services, your connection to the Services, your violation of these Terms, your submission, posting, or transmission of User Materials to the Services, and/or your violation of any rights of another.
- MODIFICATIONS TO SERVICE
AR Discs reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof), including the Restricted Areas, with or without notice at any time. You agree that AR Discs shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services, except as otherwise specified in any separate rules governing certain events or contents.
You agree that AR Discs may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Services or Restricted Areas or both. Grounds for such termination shall include, but not be limited to, (a) any breach or violation of these Terms or other AR Discs agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) your failure to pay account registration or renewal fees when prompted, and (g) extended periods of inactivity. Termination of your account(s) may include (i) removal of access to all offerings within the Restricted Areas, (ii) at AR Discs ’ sole discretion, the deletion of all of your account information on the Services, User Materials, and other content associated with your account(s) on the Services (or any part thereof), and (iii) barring your further use of the Restricted Areas.
- DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of, advertisers, buyers, sellers, or agents found on or through the Services, including payment for and delivery of related goods, services, or real property, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that AR Discs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Sites.
The Services may provide links to other sites or resources. Because AR Discs has no control over such sites and resources, you acknowledge and agree that AR Discs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AR Discs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the data, information, materials, trademarks, service marks, software, photos, videos, images, and other content (collectively, the “Content”) made available through the Services are owned by AR Discs or its licensors. Unless noted otherwise, you should assume that all Content made available through the Services are protected by copyright, trademark and other applicable intellectual property law and may not be used except as permitted in these Terms. You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by AR Discs , you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content and Services, in whole or in part.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AR Discs EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. TOPPS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.
- ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AR Discs OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT AR Discs SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOPPS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.
AR Discs may provide you with notices, including those regarding changes to these Terms, by e-mail, regular mail, or postings on the Services; provided, however, that this Section places no requirements on AR Discs not already expressly set forth herein.
- TRADEMARK INFORMATION
Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Services without the written permission of AR Discs or any third party that may own the trademarks. Your misuse of any trademarks displayed on the Services, or any other Content on the Services, except as provided in these Terms, is strictly prohibited. You are also advised that AR Discs will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
AR Discs may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide AR Discs ’ Copyright Agent a Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
AR Discs ’ Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Trinity House Newby Road Industrial Estate, Hazel Grove, Stockport, Cheshire, United Kingdom, SK7 5DA
- CHOICE OF LAW AND DISPUTE RESOLUTION
These Terms are governed by laws of Australia, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Australia, for any claims arising out of or relating to your use of the Services.
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms or your use of Services or Content (“Dispute”), any dispute, controversy or claim shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate AR Discs ’ intellectual property rights, AR Discs may seek injunctive or other appropriate relief in any state or federal court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Any arbitration shall be conducted under the rules then prevailing of the Australian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no dispute under these Terms shall be joined to a dispute involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
- GENERAL INFORMATION
Waiver and Severability of Terms. The failure of AR Discs to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Survivorship. You agree that any of your registered accounts on any of the Services are non-transferable and any rights to your user ID or account contents terminate upon your death, with the exception of the holdings in your AR Discs account, which may be transferred or accessed by the Administrator or Executor of your Estate.
Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.
You agree that you will report any violations of the TOS to [email protected]
Please contact [email protected] by email using the subject line “Terms of Service questions” if you have any questions or comments about these Terms