Terms of Service

Last Updated: July 1, 2024

Welcome to Tradible! These Terms of Service ("Terms") govern your use of the Tradible marketplace platform ("Platform"), operated by Tradible Marketplace Inc. ("Tradible," "we," "us," or "our"). We are based in Miami, Florida. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Platform.

1. User Accounts

To access certain features of the Platform, you may need to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to maintain its accuracy, currency, and completeness.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Please notify us immediately of any unauthorized use of your account or any other breach of security.

2. Buying, Selling, and Trading Cards

Users may buy, sell, trade, list, bid, and auction trading cards through the Platform.
Users must comply with all applicable laws and regulations when engaging in transactions through the Platform.
Tradible does not guarantee the authenticity, quality, or legality of the cards listed on the Platform. Users are encouraged to conduct their own due diligence before engaging in any transactions.

3. NFT Vaulting and Tokenization

Users may vault their trading cards to tokenize them as NFTs on the Platform.
By vaulting a trading card, users grant Tradible the necessary permissions to tokenize the card as an NFT.
The value and liquidity of NFTs tokenized from trading cards are not guaranteed by Tradible.

4. Purchase and Sales of Tradible NFTs

All pricing and payment terms for Tradible NFTs are as indicated at the point of sale on the Platform. By completing a purchase, you agree that any payment obligations incurred are binding at the time of purchase. You may not substitute any other currency for the currency agreed upon at the time of purchase.
Tradible does not guarantee the availability of Tradible NFTs for purchase at any given time.
When purchasing a Tradible NFT from an Initial Seller on our Platform, the NFT is minted directly into the Wallet connected to the Platform and used for initiating payment. For subsequent purchases from Sellers other than the Initial Seller, the NFT is transferred directly from the Seller to the buyer. Tradible does not hold custody of, take ownership of, or possess any Tradible NFTs, except when Tradible is the Buyer or Seller of a particular NFT.
Tradible NFTs can be transferred between Wallets on the Base network or any compatible blockchain or third-party service.
Users are responsible for ensuring that their Wallets have sufficient funds to cover the full cost of their purchases, including transaction fees, taxes, and gas fees. Gas fees are assessed for processing and validating transactions on a blockchain and may fluctuate according to market conditions. Tradible does not receive or have authority over any gas fees applicable to purchases made.
Payments made to Tradible via the Platform are effectuated through the underlying blockchain, and Tradible has no control over these payments or transactions. Tradible may add or change payment processing services at any time, subject to additional terms or conditions. The acceptance of specific cryptocurrencies as payment methods is subject to change at Tradible"s discretion.
Users acknowledge that Tradible is not liable for any claims or damages arising from payment processing errors or failures on the blockchain, including instances where purchases fail due to processing errors. It is the user"s responsibility to confirm that their payments for Tradible NFTs have been accepted.
Users agree to be bound by the terms and conditions applicable to the use and sale of any Tradible NFT purchased or acquired through the Platform, including payment of any associated fees. Users further agree to bind any subsequent purchaser of the Tradible NFT to these terms and conditions.

5. Initial Seller Agreement

When an Initial Seller lists an Asset for sale on the Platform, they represent and warrant that:
1. They are the rightful owner of the Asset.
2. They possess all necessary rights to make the Asset available on the Platform and to mint a Tradible NFT corresponding to it.
3. They will not offer the Asset for sale on any other service or marketplace as long as the corresponding Tradible NFT is available on the Platform.
4. The Asset complies with Tradible"s current Listing Guidelines.
Prior to the primary sale of a Tradible NFT, the Initial Seller agrees to deliver the corresponding Asset to Tradible for storage. The Initial Seller is solely responsible for any loss of or damage to the Asset until Tradible confirms its receipt. Each Initial Seller is entitled to receive a percentage of the Net Revenue received by Tradible from Asset Management Services related to Assets originally offered by the Initial Seller (the "Initial Seller Revenue Share"). "Net Revenue" refers to the total consideration received by Tradible as a Tradible Fee for any such Asset, less any agreed-upon fees.
Initial Sellers must provide Tradible with a supported Wallet address to receive any cryptocurrency Net Revenue. Tradible bears no liability regarding the accuracy or validity of Wallet addresses or payment processor information provided by Initial Sellers.
Tradible reserves the right to confirm the provenance and condition of each Asset received from an Initial Seller. If an Asset does not conform to the Initial Seller"s description or Listing Guidelines, Tradible may return the Asset to the Initial Seller at the seller"s expense.
Initial Sellers are solely responsible for providing support to Buyers regarding the sale of Tradible NFTs corresponding to their Assets. While Tradible may elect to provide technical support at its discretion, it has no obligation to do so.
In disputes between an Initial Seller and any third party concerning Tradible NFTs or Assets offered by the seller, including disputes with Buyers, Sellers, or payment service providers, Tradible will not intervene. Initial Sellers are solely responsible for resolving disputes related to their Assets and Tradible NFTs.
Tradible reserves the right to remove any Initial Seller from the Platform and terminate their ability to offer Assets if:
1. Tradible reasonably believes the Initial Seller breached the Agreement.
2. Tradible terminates the applicable Service.

6. Assumption of Risk Related to Tradible NFTs

You acknowledge and accept the following risks associated with Tradible NFTs:
1. Responsibility for determining applicable taxes on transactions involving Tradible NFTs rests solely with you.
2. Tradible NFTs exist and are transferable solely based on ownership records maintained on the blockchain.
3. Risks associated with using digital currency and assets, including hardware, software, internet connections, and security vulnerabilities.
4. Evolving legal and regulatory frameworks governing blockchain technologies, cryptocurrencies, and NFTs.
5. Risks associated with purchasing user-generated content, including counterfeits, mislabeled assets, metadata decay, smart contract bugs, and untransferable assets.
6. Tradible"s right to hide collections, contracts, and assets suspected of violating the Agreement, which may result in your Tradible NFTs becoming inaccessible on the Service.
7. Tradible"s lack of responsibility for Tradible NFTs after their initial offering or sale, including authenticity, originality, uniqueness, marketability, legality, or value.

7. Secondary Marketplace Sales of Tradible NFTs

You may have the option to sell, trade, or distribute your Tradible NFTs on compatible smart contract-enabled secondary marketplaces, platforms, and exchanges operated by third parties ("Secondary Marketplaces"). However, Tradible NFTs may not be compatible with all Secondary Marketplaces, and Tradible does not guarantee their availability or functionality.
Tradible is not a party to any agreements or transactions on Secondary Marketplaces, including secondary sales ("Secondary Sales"), even if Tradible receives a commission or fee. Tradible bears no liability for any losses incurred by you in connection with or arising from any Secondary Sale of a Tradible NFT. Tradible is not involved in or responsible for any disputes between sellers and buyers of Tradible NFTs on Secondary Marketplaces.
Sales of Tradible NFTs via Secondary Marketplaces are subject to the Tradible Fee, which may be automatically deducted from the buyer"s payment to the seller. All Tradible Fees are applied to the final sale price of the Tradible NFT.

8. Communication

Users may communicate with each other through the Platform"s chat feature.
Users agree to use the chat feature responsibly and to comply with all applicable laws and regulations when communicating with other users.

9. Intellectual Property

The Platform, including all Content and Marks, is the proprietary property of Tradible Marketplace Inc. All Content and Marks are protected by copyright, trademark, and other intellectual property laws, as well as various unfair competition laws.
Users may not reproduce, distribute, modify, or create derivative works of any Content on the Platform without Tradible"s express prior written permission.

10. Disclaimer

The Platform is provided on an "as-is" and "as-available" basis. You agree that your use of the Platform will be at your sole risk. Tradible disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Tradible makes no warranties or representations about the accuracy or completeness of the Platform"s content or the content of any websites linked to or from the Platform. Tradible assumes no liability or responsibility for errors, mistakes, inaccuracies, personal injury, property damage, unauthorized access to secure servers, interruptions, viruses, or other harmful components.
The Content on the Platform is for informational purposes only and should not be construed as legal, tax, investment, financial, or other advice. Users should exercise caution and conduct their own research before making any decisions based on the information provided on the Platform.

11. Governing Law; Dispute Resolution

These Terms will be governed by, construed, and enforced in accordance with the laws of Ontario, Canada, excluding its conflict of laws principles.
Any dispute, claim, or controversy arising out of or relating to these Terms must be submitted to final and binding arbitration before the Judicial Arbitration and Mediation Services ("JAMS") in Ontario, Canada.
The parties agree to waive the right to trial by jury and class action procedures.

12. Third-Party Purchase Service

You may have the option to purchase NFTs offered by third parties through the Third-Party Purchase Service facilitated by Tradible. This service enables third-party offerors ("Offerors") to make original NFTs (referred to as "Offeror NFTs") available for purchase through their respective websites. Tradible does not act as the seller or offeror of any Offeror NFTs or associated physical assets or artwork ("Offeror Materials"). While Tradible reserves the right to review Offeror Materials for authenticity, it makes no representations or warranties regarding them. You are responsible for verifying the identity, legitimacy, and authenticity of any Offeror Materials you purchase.
Any Third-Party Purchase you make constitutes a contract between you and the Offeror. Tradible solely serves as a service provider to the Offeror in facilitating Third-Party Purchases and does not transfer legal ownership of any Offeror NFTs from the Offeror to you. Tradible is not a party to such transactions.
Tradible is not obligated to facilitate returns or refunds for any Third-Party Purchases made through the Third-Party Purchase Service, regardless of conflicting terms provided by Offerors.

13. Miscellaneous

Tradible reserves the right to change, modify, or remove any aspect of the Platform at any time without notice. This includes updates to features, functionalities, and terms of service.
If any provision of these Terms is deemed unenforceable, the remaining provisions will remain valid. This clause ensures that if one part of the agreement is found to be invalid, the rest of the terms will still apply.
These Terms do not create any joint ventures, partnerships, employment, or agency relationships between users and Tradible. Users are considered independent entities using the Platform and are not agents or representatives of Tradible.
Users acknowledge and agree that any feedback or suggestions provided to Tradible regarding the Platform shall become the sole property of Tradible. Tradible may use and disseminate such feedback for any lawful purpose without acknowledgment or compensation to the user. This clause ensures that Tradible has the right to use user-provided feedback to improve its services without any obligations to compensate users.
Tradible reserves the right to monitor the Platform for violations of these Terms and take appropriate legal action against violators. This includes enforcing the terms of service and addressing any misuse or violations of the Platform"s guidelines.

14. Termination

These Terms shall remain in full force and effect while you use the Platform. Tradible reserves the right to deny access to the Platform to any user for any reason, including violation of these Terms or applicable laws. Users agree to adhere to the terms of service, and Tradible retains the right to suspend or terminate accounts for violations.
Tradible may terminate a user"s account or delete any content posted by the user at any time, without warning, in its sole discretion. This clause allows Tradible to exercise its discretion in managing user accounts and content, including taking action such as suspension or deletion when necessary.

15. Site Modifications and Interruptions

Tradible reserves the right to change, modify, or remove any content on the Platform at any time without notice. This includes updates, changes, or removal of content such as listings, images, or descriptions.
Users acknowledge that the Platform may experience interruptions, delays, or errors due to technical issues. Tradible is not liable for any losses or damages resulting from such incidents. This clause informs users that while Tradible strives to maintain a stable platform, technical issues may occur, and users acknowledge this risk.

16. Indemnification and Release

Users agree to indemnify and defend Tradible against any claims, liabilities, damages, and expenses arising from their use of the Platform or breach of these Terms. This means that users are responsible for covering any legal costs or damages that Tradible may incur as a result of the user"s actions or violations of the terms of service.
Users release Tradible from any claims, demands, and damages arising from disputes with third parties related to their use of the Platform. By releasing Tradible from such claims, users acknowledge that Tradible is not liable for disputes between users and third parties, and users assume responsibility for resolving such matters independently.

17. Limitation of Damages

Tradible shall not be liable for indirect, incidental, special, punitive, or consequential damages arising from the use of the Platform. This clause limits Tradible"s liability for certain types of damages, such as loss of profits or damages resulting from business interruptions, except in cases of gross negligence or willful misconduct.

18. User Data

Tradible will maintain user-transmitted data for Platform performance management. Users are responsible for the security and integrity of their data. This section outlines Tradible"s responsibility for managing user data and reminds users of their obligation to protect their personal information while using the Platform.

19. Electronic Communications

Users consent to receive electronic communications from Tradible. Electronic communications satisfy legal requirements for written communications. By agreeing to receive electronic communications, users acknowledge that communication via email or other electronic means is legally binding and acceptable for purposes such as notifications and updates regarding the Platform.

20. Entire Agreement

These Terms constitute the entire agreement between the user and Tradible regarding the use of the Platform and supersede any prior agreements or understandings. This clause ensures that the terms of service represent the complete agreement between Tradible and the user, replacing any previous agreements or negotiations.