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Member agreement

Please take a moment to review the following Member agreement. All users of CardShark are bound by this agreement.

This agreement describes the terms and conditions applicable to your use of our services at www.cardshark.com (the "site"). If you have any questions that pertain to the Member agreement, please send your inquiries to livesupport@cardshark.com. by registering at www.cardshark.com, you accept the terms and conditions of this agreement and become a member of this site, and agree to adhere to our General Policies.

Membership Eligibility
Our services are available to those who can form a legally binding contract under applicable law. Our service is not available to minors. If you are under the age of 18, you cannot use our services. In addition, to sell or purchase an item you must have a valid PayPal account.

You must register with CardShark in order to buy or sell goods. Some data we collect which helps to deter fraud will be kept confidential under the guidelines set aside by the CardShark Privacy Policy. It is your responsibility to keep your username and password confidential. If you disclose your username and password to another person, you will be held responsible for any action taken under your name.

Fees and Services
Registering with the site, listing cards for sale and using the site's searching and community features are free of charge unless otherwise noted. Other fees may or may not apply and are subject to change from time to time.

All transactions through the site will be subject to a 15% commission. This 15% will be taken off the total of all items that a given seller sells to a buyer. The buyer will be responsible for paying the full purchase amount of the sale plus any CardShark shipping charges. CardShark is bound to then pay the seller a shipping allowance determined by CardShark based on estimated shipping rates and other factors at our discretion and 85% of the purchase price of cards sold if over $1. CardShark reserves the right to charge a $1 minimum on all orders and to receive the difference between the minimum order amount and the actual sale price to defer transaction fees incurred from third parties and for other users at our discretion.

CARDSHARK AS A VENUE
Overview of CardShark
This site acts as a marketplace for buyers and sellers of gaming collectables. Sellers can list their items, and buyers can purchase these items.

Safe trading
User authentication on the Internet is difficult. CardShark does not have the ability to confirm the identity of each user. We therefore rely on PayPal's identification systems for proof of identity, location and age.

Release
Because CardShark is not directly involved in the shipping of actual transactions, CardShark is released from claims, demands and damages in the event you have a dispute.

We cannot guarantee that a seller will ship the required items in a timely fashion, if at all. Due to this we take no responsibility for items that were not shipped, were damaged in shipping, or lost in shipping. It is the seller's responsibility to get proof of shipping on all items and the buyers responsibility to insure large purchases. If an item does get lost in shipping, the seller can apply for relief from PayPal using their protection program.

Information control
We do not endorse any content that may be considered offensive, harmful, inaccurate or deceptive. However, we do not have control over the information provided by users of our system. Please also note that there are risks associated in dealing with users acting under false pretense (such as underage persons, for example).

Buying
If you, the buyer, choose to buy an item from CardShark, you may first scan the site's card inventory for items listed by other sellers. Once the desired items are found, the buyer purchases the item at the listed price plus the shipping costs that CardShark calculates as stated in our Shipping Guidelines. The "completed" transaction is made in the buyer's CardShark shopping cart. The buyer then transfers money from their PayPal account to the CardShark PayPal account.

Listing and selling
A member who wants to sell an item lists the item in the CardShark database. as part of the listing process, the seller assigns a price to it and lists the quality of the item and other information about the item.

Once we obtain a purchase from the buyer, we notify the seller of the buyer's name and address, and we confirm to the seller that the buyer has paid CardShark for the items and any shipping charges that we have calculated for the item. The seller must confirm and ship the items within 3 business days. None of the buyer's PayPal information is released to the seller.

CardShark does not allow
(a) contacting of users for any reason other than to fulfill a transaction;
(b) use of this site for unlawful purposes or in an unlawful manner;
(c) use of another person's PayPal account or a fradulent account;
(d) the sale of stolen property (this violates state federal and international law);
(e) any promotional or other commercial material, that is not provided or approved by cardshark.com, to be included in your shipment to buyers;
(f) poor shipping (i.e., bad packaging) of an item that may jeopardize the quality and condition of the item as it was represented on our site.

Your Information
Your information can be identified as registration information you provide to CardShark, to the buying or selling process, or to any additional information we track about you. You are fully responsible for your information, and CardShark acts as a channel for your information.

Your Information (or any items listed therein):
(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent or involve the sale of counterfeit or stolen items;
(c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) shall not be obscene or contain child pornography;
(g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
and (i) shall not link directly or indirectly to or include descriptions of goods or services that:
(aa) are prohibited under this agreement;
(bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount;
(cc) are concurrently listed for auction on a web site other than CardShark's, or
(dd) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.

Solely to enable CardShark to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. CardShark will only use your information in accordance with our Privacy Policy.

Access and Interference
You agree not to use any automatic device or manual process to monitor or copy our web pages or its content without prior written permission. You will not use any device or software to interfere or attempt to interfere with the site or services provided on our site (including PayPal). You will not knowingly take any action that imposes a large load on our infrastructure. The information on our site is proprietary or licensed to CardShark by our users or third parties. You will not copy, reproduce, modify, publicly display any content from our site without prior written permission from CardShark.

Breach
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you:
(a) if you breach this agreement or the documents it incorporates by reference;
(b) if we are unable to verify or authenticate any information you provide to us; or
(c) if we believe that your actions may cause legal liability for you, our users or CardShark. http://www.cardshark.com:800/Info/Privacy-Policy.aspx

Privacy
We hold privacy in highest regard. For more information, please refer to our Privacy Policy.

No Warranty
We and our suppliers provide our web site and services "as is" and without any warranty or condition, express, implied or statutory. we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

Liability Limit
In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).

Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Indemnity
by accepting this Member agreement, you agree to indemnify and hold CardShark and our employees harmless from any claim or demand, including attorney's fees, made by a third party or as a result of your breach of this agreement and the Privacy Policy. This also includes any law or rights of a third party you may have violated.

Legal compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. You will also agree to provide us with relevant information if CardShark investigates complaints and violations of our policies.

We may decide to issue a warning, suspend or terminate a service if we deem these actions as appropriate. We may also deny access, remove items or recommend an edit to an item listing. The above actions may be taken under these circumstances:
(a) you breach this agreement or the documents it incorporates;
(b) you are unwilling to cooperate with our investigation of a complaint or reported violation;
(c) we are unable to verify or authenticate any information you provide;
(d) we believe your conduct may cause legal liability for you, for other members, or for CardShark.

No agency
This Member agreement covers only you and CardShark as independent contractors. No agency, partnership, or joint venture is represented as such.

Notice
Except as expressly stated otherwise, all notices to CardShark shall be sent to the email addresses provided on the site (e.g., webmaster@cardshark.com). The mailing address for legal inquiries:
1785 E Sahara Ave
Suite 490
Las Vegas, NV 89104
Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.

Arbitration
Any controversy or claim arising out of or relating to this agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the american arbitration association. any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, Nevada and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or CardShark may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, Nevada necessary to protect the rights or property of you or CardShark pending the completion of arbitration.