Bazaar Platform Terms of Use
1. Introduction
This website and phone app is operated by Bazaar Platform LLC. The terms “we”, “us”, and “our” refer to Bazaar Platform LLC. The use of our website and phone app is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The term “website” as used herein applies to either the Bazaar Platform website or phone application (phone app). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors, trades, local card shops (LCS), and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website or use any of our website’s services.
2. Use of our Website
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.
You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.
3. General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
4. Products or Services
Users or “traders” post products for trade on this website. Traders are solely responsible for the products posted for trade on this website. Traders are solely responsible for the value placed on each product listed for trade on this website. We do not guarantee the accuracy of any product or listing posted by traders.
We reserve the right, at our sole discretion, to remove products listed for trade, or refuse to post products from traders, including without limitation, that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent listing of a product for trade, we will be entitled to remove the product or listing, limit the ability of the traders to use the website, and may, in the case of fraud or other illegal activities, contact the relevant authorities.
We provide contact information for local card shops (LCS) to authenticate items for trade and to facilitate the physical trade of those items. We make every effort to validate the reliability of LCS, but do not in any way control the operations of LCS. If we learn of problems with an LCS we may remove them from our website.
5. Disputes
a. Disputes Between Traders
Because we are not directly involved with transactions between traders, traders agree to release us from claims, demands and damages related to transaction disputes. If a dispute arises, traders are expected to deal with each other to come to a resolution. We will not become involved, in any manner, with disputes between traders.
b. Disputes Between Traders and LCS
We provide contact information for LCS, and make reasonable efforts to vet the LCS, but do not control the operations of the LCS. As such, traders and LCS agree to release us from claims, demands and damages related to transaction disputes. If a dispute arises, traders and LCS are expected to deal with each other to come to a resolution. We will not become involved, in any manner, with disputes between traders. If we learn of problems with an LCS, we reserve the right to remove that LCS from website.
6. Copyright and Intellectual Property
All of the content found on our website, including graphics, text, buttons, logos, video, audio, card databases, are the property of Bazaar Platform and protected by United States and international copyright laws. Additionally, graphics, logos, page headers and button icons are trademarks or trade dress of Bazaar Platform, and this material may not be used in connection with any service or product outside of this website without express written permission, especially in a situation likely to cause confusion among customers.
Trading cards and other collectables are listed on this website, and the images, trademarks, logos, and other graphics that appear on those listings are owned by the creators, developers, and/or distributors of those items. These third parties include, but are not limited to:
Magic: The Gathering
Pokémon
Yu-Gi-Oh!
Force of Will
Funko Pop!
Dragon Ball Super
Future Card Buddyfight
Star Wars: Destiny
Weiss Schwarz
Cardfight!! Vanguard
These materials are the property of their respective owners. We display these images solely for the legitimate trade of these items.
7. Links to Third-Party Websites
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking.
8. Use Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.
You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.
You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.
We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
9. Your Personal Information
Please see our Privacy Policy to learn about how we collect, use, and share your personal information.
10. Errors and Omissions
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
We do not undertake to update, modify or clarify information on our website, except as required by law.
11. Disclaimer and Limitation of Liability
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.
The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
12. Indemnification
You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
13. Entire Agreement
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
14. Waiver
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
15. Severability
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
16. Governing Law
Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Commonwealth of Kentucky without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts in Fayette County Kentucky, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
17. Questions or Concerns
Please send all questions, comments and feedback to us at [justin@bazaarplatform.com].
Privacy Policy
I. Purpose
This section sets out the privacy policy for the bazaarplatform.com website. Bazaar Platform LLC (“us”, “we”, or “our”) operates the bazaarplatform.com website (hereinafter referred to as the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from bazaarplatform.com
We do not perform commercial services. All financial transactions are provided by a third party, the Stripe financial transaction platform. As a result, we do not collect any business or financial data from our users.
II. Definitions
* Service
* Service is the bazaarplatform.com website operated by Bazaar Platform LLC
* Personal data
* Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
* Usage data
* Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
* Cookies
* Cookies are small files stored on your device (computer or mobile device).
* Data controller
* Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
* Data processor
* Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
* Data subject
* Data Subject is any living individual who is using our Service and is the subject of Personal Data
III. Information Collection and Use
A. Type of Data Collected
a. Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
* Email address
* First name and last name
* Phone number
* Address, City, State, ZIP code
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us
b. Usage Data
We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
c. Tracking and Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
* Session Cookies. We use Session Cookies to operate our Service.
* Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
* Security Cookies. We use Security Cookies for security purposes.
B. Use of Data
Bazaar Platform uses the collected data for various purposes including, without limitation:
* To provide and maintain our Service
* To notify you about changes to our Service
* To allow you to participate in interactive features of our Service when you choose to do so
* To provide customer support
* To gather analysis or valuable information so that we can improve our Service
* To monitor the usage of our Service
* To detect, prevent and address technical issues
* To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
C. California Privacy Statement
California residents have certain rights under the California Shine the Light law and the California Consumer Privacy Act (“CCPA”).
CCPA Disclosures
In general, within the preceding 12 months:
* We have collected the categories of Personal Information listed in Section 2 above.
* We have collected these categories of Personal Information directly from you, when you use our Services, and from third parties for the purposes described in Section 2 above.
* We have disclosed the following categories of Personal Information for business purposes: Identifiers and contact information; professional and employment-related information; commercial information; transactional information; and internet and network activity information.
* We have not sold your Personal Information.
CCPA Privacy Rights
As of January 1, 2020, certain California residents are entitled to privacy rights under the CCPA. Clients who wish to exercise these rights should direct their requests to the Member that controls their Personal Information.
* The right to know. You have the right to request to know
(i) the specific pieces of Personal Information we have about you;
(ii) the categories of Personal Information we have collected about you in the last 12 months;
(iii) the categories of sources from which that Personal Information was collected;
(iv) the categories of your Personal Information that we sold or disclosed in the last 12 months;
(v) the categories of third parties to whom your Personal Information was sold or disclosed in the last 12 months; and (vi) the purpose for collecting and selling your Personal Information.
* The right to deletion. You have the right to request that we delete the Personal Information that we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request for deletion, we will let you know the reason why.
* The right to equal service. If you choose to exercise any of these rights, we will not discriminate against you in anyway. If you exercise certain rights, understand that you may be unable to use or access certain features of our Services.
You may exercise your right to know and your right to deletion twice a year free of charge. To exercise your right to know or your right to deletion, contact us at [justin @ bazaarplatform.com]
We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfil your request unless you have provided sufficient information for us to verify you are the individual about whom we collected Personal Information. If you have an Account with us, we will use our existing Account authentication practices to verify your identity. If you do not have an Account with us, we may request additional information about you to verify your identity. We will only use the Personal Information provided in the verification process to verify your identity or authority to make a request and to track and document request responses unless you initially provided the information for another purpose.
You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf.
Shine the Light
Our California customers are also entitled to request and obtain from Bazaar Platform once per calendar year information about any of your Personal Information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information please contact us at webmaster@bazaarplatform.com
D. Retention of Data
Bazaar Platform will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
Bazaar Platform will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
E. Disclosure of Data
a. Disclosure for Law Enforcement
Under certain circumstances, Bazaar Platform may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
b. Legal Requirements
Bazaar Platform may disclose your Personal Data in the good faith belief that such action is necessary to:
* To comply with a legal obligation
* To protect and defend the rights or property of Bazaar Platform
* To prevent or investigate possible wrongdoing in connection with the Service
* To protect the personal safety of users of the Service or the public
* To protect against legal liability
F. Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
G. Service Providers
We use the Stripe payment platform for all financial transactions. We provide a link to the Stripe app or website for payment. We share the Personal Data of the payor to Stripe to facilitate the financial transaction, but do not obtain any financial information from Stripe. We have no other relationship with Stripe, and do not control their data collection policies. You should contact Stripe, and read their data collection and privacy policies if you have concerns about Stripe’s use of your financial data.
H. Children’s Privacy
Our Service is not designed for nor intended to be used by anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
I. Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
J. Contact Us
If you have any questions about this Privacy Policy, please contact us:
By email: [ justin@bazaarplatform.com]