PANINI AMERICA, TERMS & CONDITIONS
At Panini America, Inc., we care most about making the best products for you, our customer. As a valued consumer, you deserve to know what information we obtain about you from our web sites and what we do with that information. With that in mind, Panini America, Inc. is committed to protecting you and your family's privacy on our web sites. It is the intention of Panini America, Inc. to be in compliance with COPPA (the Children's Online Privacy Protection Act). If you would like to know more about COPPA, please visit the Federal Trade Commission's Website:
What Information will Panini America, Inc. collect?
Voluntary Registration Info: Names, Addresses, Dates of Birth, E-mail Addresses.
Voluntary Survey Information.
Site Usage Data.
Information Attained through Cookies that customize the presentation of the site to each individual visitor. These files are stored on the individual computer of the site visitor.
How will Panini America, Inc. Use This Information?
Customer Service Purposes: Panini America, Inc. collects such information to allow visitors to participate in site-related customer service such as online redemptions, contests, e-mail newsletters, or other services. Panini America, Inc. will use the information from the registration process to send out e-mail newsletters, notify contest winners, and to send out properly redeemed trading cards fulfilled through an online redemption process.
Marketing Purposes: To create and market products that please our customers, we use the information we gather from our website to help market and develop our products. This includes the calculation and use of aggregate data as well as using information retrieved for site customization, direct mail programs, and other avenues of communication.
How will Panini America, Inc. Disclose This Information?
No registration information is sold to third parties.
No registration information is given to any third parties, except in the cases of some contests. When stated in the Official Rules of the contest, the contest participants' registration information may be given to a third party. The Official Rules of each contest would delineate the organization(s) that would receive the information. Parents are advised to visit the web sites of those companies before registering for any such contest. Site registration will not automatically enter any visitor into a contest.
Third parties may do administrative work with data, but will have no personally identifying information available.
Aggregate information may be given to third parties, but this information will contain no personally identifiable information.
If a third party purchases Panini America, Inc., your information becomes the property of the purchaser.
Court orders for disclosure of personal information for legal matters or at the request of law enforcement authorities are followed according to the law.
Any information you disclose in chat rooms, forums, and message boards is public information. Be extremely cautious regarding the information you give-out regarding yourself and your personal websites in these areas.
What is My Role in Protecting Me and My Children's Privacy?
We strongly encourage parents to be mindful of their child's activities online including their use of emails and other electronic communications. No amount of legislation or due diligence can replace parental involvement. A number of tools already exist to help you manage your child's online experience, including hardware and software programs that provide filtering choices. You can download special software or purchase specific hardware that will limit the visiting of sites you deem appropriate for your home. Many of these services are free; others require some form of payment.
Why is My Child Asking Me to Fax in a Signed Form?
Panini America, Inc. requires parental consent in order to be registered for any reason on our site if the registering individual is under the age of 13. Upon entering an area requiring a site registration, those under the age of 13 will be required to have a parent or legal guardian sign a form that must be faxed to the fax number or mailed to the address at the bottom of this statement. Until we receive that form, no information about your child is stored in our databases. Upon receipt of a completed document, Panini America, Inc. further reserves the right to verify that an actual adult signed the document by making a follow-up phone call to the listed parent or legal guardian. Once the document has been received and information has been verified, if necessary, the child's information will be added to our web site's database and an e-mail with the account password will be sent to the child's e-mail address. Once a site visitor is registered, he/she will be able to enter online contests, purchase products, participate in the rewards and online redemption offers, and receive e-mail newsletters. Registrants may opt out of the e-mail newsletters at any time by following the removal directions appearing in the e-mails.
Does Panini America, Inc. Provide Links to Other Sites?
What are the terms and conditions of store purchases or marketplace sales (herein referred to as ‘Services’)?
When buying an item on Panini America’s website via a normal purchase, an Initial Product Offering, or through the Marketplace, discussed below, you agree to the rules and policies for buyers, which follows:
To the extent permitted by applicable law, we (including our parent, affiliates, and our officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
your use of or your inability to use our Services;
pricing, shipping, format, or other guidance provided by Panini America;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Panini America Service;
a suspension or other action taken with respect to your account or breach of abuse of our Services;
Furthermore, it is understood that:
You are responsible for reading the full item listing before making an offer or commitment to buy,
You enter into a legally binding contract to purchase an item when you commit to buy an item on a Panini America Service,
You enter into a legally binding contract with Panini America or the applicable seller when your offer for an item is accepted or if you have the winning bid (or your bid is otherwise accepted),
In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, high risk or potential violation of any Panini America e-commerce policies.
How do I Update My Account or Cancel a Subscription?
An account may be updated at any time by logging in and changing the e-mail address or other information in the section titled "Preferences." Those wishing to be removed from an e-mail newsletter list may do so by following the removal directions found at the bottom of an e-mail newsletter. Parents wishing to view their child's personal information submitted to this web site may also log in to the account or may contact Panini America, Inc.'s web master, either by e-mail, U.S. Mail, or phone. In the message requesting the web site data, please include the name of the child and the child's e-mail address. Please also include contact information of the parent, either mailing address or phone number, so that the child's information can be disclosed to the parent. Should a parent wish to have his/her child removed from the web site's database, the parent may again use any of these methods to contact Panini America, Inc.
User Requested Delete Account Policy
An account delete request placed by a user on Panini America is final and cannot be reversed.
Once a request is received Panini will require the user to validate their account password and enter an OTP that will be sent to their registered email address. Post confirmation of the account password and OTP Panini will disable and anonymize the user's account.
Shipping Schedule / Delivery Times
*Panini America will ship within 2-4 business days of placing your order.
*This does NOT include orders for Panini 1st off the Line, Panini Instant, Panini Eternal (items with countdown clocks or stated time frames in item description) or Panini Rewards. Please keep this in mind when selecting the following shipping methods FedEx 2nd Day Air, & FedEx Overnight.
Items with FREE shipping only valid to U.S. addresses. Your order may be automatically cancelled if your address is outside the United States, and you place an order with free shipping.
The following shipping options are available for all U.S. destinations. Memorabilia items currently ship via FedEx only.
Available for memorabilia, trading cards and sticker orders $50 or more within the USA.
The following shipping options are available for international destinations.
*FedEx delivery times vary depending on your location, and weather conditions.
**FedEx does not deliver on major U.S. holidays. Please check the FedEx website for a list of FedEx Holidays.
***International orders may be subject to additional Customs Fees. Please check with your country's customs policies before placing an order. The recipient of the package will be held fully responsible for all additional customs fees that may be incurred.
Returns & Replacements
For trading cards and sticker items we have a no return policy in place. All Sales Are Final. All claims for lost, damage or error in shipment must be made through Customer Service by email at [email protected].
For Authentic memorabilia we have a 100% satisfaction guarantee. If for any reason you need to return an item contact Customer Service at 817-662-5205 or by email at [email protected]. A customer service representative will provide an authorization number to note on the return package. This number must be clearly marked upon return receipt to ensure timely processing. We will not accept any packages without this return authorization number. Please note that all returns and exchanges must be in new, unused condition with the original packaging, documentation, and certification attached. All returns must be received within 14 days of original receipt. Due to the value of most products we suggest that all returns be shipped back with insurance and tracking to ensure proper delivery.
Panini America is not responsible for lost, delayed, damaged or mishandled shipments.
Your order tracking options are based on whether you have an online shopping account (registered customers) at www.paniniamerica.net or if you choose to shop www.paniniamerica.net anonymously (unregistered customers). Once your order has been shipped, we will send you an e-mail which includes a link to track the order.
Registered Customers may track all orders at www.paniniamerica.net. Just follow these steps:
Click My Account at the top of any page.
Order status tracking is not available for Guest Checkout.
Updating Account Information
You can update all account information in the My Account section of the website.
Privacy & Security
Security and 2 Factor Authentication
Payment, Pricing & Promotions
While Panini strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Panini reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). If an item is listed at an incorrect price or with incorrect information, Panini shall have the right, in its sole discretion, to refuse or cancel any orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Panini will issue a credit to your credit card. We apologize for any inconvenience this may cause you.
Merchandise and promotional offers available online at www.paniniamerica.net may vary from those offered in other stores. Prices and availability are subject to change without notice. “Sale” prices and percentage savings offered by Panini are discounts from Panini “Regular” or “Original” prices. The “Regular” or “Original” price of an item is the former or future offered price for the item or a comparable item by Panini or another retailer. Actual sales may not have been made at the “Regular” or “Original” prices, and intermediate markdowns may have been taken. “Original” prices may not have been in effect during the past 90 days or in all trade areas. Merchandise on this website could be offered at the same or lower “Sale” prices during future promotional events beginning on or after the last day of this advertised event.
How often is This Policy Updated?
This site's content and features may be updated, revised, modified and supplemented. Panini America, Inc. reserves the right to change the information, features, products, policies, promotions, disclosures and disclaimers at any time without notice. Changes to this Online Policy will be posted on our site so please check this Policy periodically for changes. At the end of this Policy, we indicate the date of the last update.
Panini America, Inc.
5325 FAA Blvd.
Irving, TX 75061
The Phone Number is:(800) 852-8833.
Please note that this number is for questions about the Privacy Statement, or for a contact to remove your child from a web-based database. It is not for Customer Service questions.
1 Apps, Services, Marketplace, NFT and Digital Trading Cards
1.2 The Apps and Services allow you to purchase, sell, own and transfer digital trading cards (“Digital Trading Cards”) uniquely associated with non-fungible tokens (“NFTs”). Using the NFT and a blockchain platform, PDL will ensure that when a user trades or sells a Digital Trading Card, the acquiring App user will be the only App user who has access to that Digital Trading Card via that NFT and, thereafter, will be the only App user who can trade or sell the card uniquely associated with that NFT or otherwise interact with the Trading Card associated with that NFT. The previous owner of the Digital Trading Card associated with that NFT will no longer be able to access or interact with the Digital Trading Card associated with the NFT.
1.3 Subject to your continued compliance with these Agreements, PDL grants you a worldwide, non-exclusive, license to use, copy, and display the Digital Trading Card, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a Marketplace or other marketplace approved by PDL in its sole discretion (“Marketplace”), that permits the purchase and sale of your Digital Trading Card.
1.4 From time-to-time, Panini may make products available through an Initial Product Offer (“IPO”). Unless otherwise specified at the time of the IPO, Pricing for IPO items will be based on the number of items offered and the offers made for those items. Offers made by other buyers will not be visible to buyers or the public. Panini will sell the times to the buyers with the highest offers (the “Winning Offers”) at a price equal to the lowest of the Winning Offers.
1.5 You acknowledge that neither Panini America nor PDL are auctioneers. PDL makes the Marketplace available to App users so that App Users may offer, buy, or sell Digital Trading Cards associated with a specific NFT to other App users. PDL, itself, does not buy or sell the seller’s product. The actual contract for sale is directly between the seller and buyer. PDL is only providing the platform and infrastructure as a service to App users. Prices are set by the seller. PDL does not guarantee that items will sell. App users that list an item for sale and set an ask price (“Ask Price”) are making a binding offer to sell and deliver the item to a buyer. An App user who offers to buy a posted item, once accepted by the seller, is contractually and legally bound to pay the specified price for such item and the price will be charged to the buyer’s account.
1.6 When you trade or sell, a Digital Trading Card to another App user, PDL will charge the seller PDL’s then-current service fee. PDL’s current processing fees are set forth as follows:
PDL will take as a service fee after a successful sale of a Digital Trading Card on the Marketplace based on the following rate schedule (other third party payment service fees may apply):
$1 to $50,000 - 5%
$50,001 and upwards - 2.5%
1.7 Ownership of Digital Trading Cards is mediated entirely by PDL’s Services and private blockchain network. However, you may not copy or attempt to copy or circumvent the restrictions in the Apps or Services to make additional copies of any Trading Card, except as explicitly provided in this Agreement.
1.9 You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without PDL’s express prior written consent in each case: (i) modify the Digital Trading Card or NFT in any way, including, without limitation, the designs, drawings, attributes, or color schemes; (ii) use the Digital Trading Card to advertise, market, or sell any third party product or service; (iii) use the Digital Trading Card in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) use the Digital Trading Card in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in this Agreement or solely for your own personal, non-commercial use; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Digital Trading Card, except as expressly permitted in these Agreement; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Digital Trading Card; or (vii) otherwise utilize the Digital Trading Card for your or any third party’s commercial benefit. The restrictions in this Section will survive the expiration or termination of this Agreement
1.10 If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Digital Trading Card for any reason, all rights you have in the Digital Trading Card will immediately expire without the requirement of notice, and you will have no further rights to access, sell, trade or otherwise interact with the associated Digital Trading Card.
1.11 This Agreement may be modified from time to time by PDL and your continued use of any PDL App or Services constitutes acceptance of those modifications. When we make changes, PDL will make the updated Agreement available on the Apps and Services and update the “Last Updated” date at the beginning of this Agreement accordingly. Please check these Agreements periodically for changes. Any changes to the Agreement will apply on the date that they are made. IF YOU DO NOT AGREE TO THIS AGREEMENT, IMMEDIATELY STOP USING THE APPS AND THE SERVICES
1.12 PDL is constantly changing the Apps and Services to help provide the best possible experience. You acknowledge and agree that the form and nature of the Apps and Services, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Apps and Services at any time without notice.
1.13 The Apps and Services may include hyperlinks to other web sites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that PDL is not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that PDL is not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
1.14 The Apps may be accessible on computers, mobile phones, tablets and other mobile devices. The Services include use of computer application software for interacting with the Digital Trading Cards.
2. Access to and Use of the Digital Trading Cards, Apps and Services
2.1 PDL retains the right, in its sole discretion, to discontinue provision of the Services and prevent use of the Apps to anyone for any reason at any time. Interruptions in availability may be due to circumstances within the control of PDL, such as software maintenance, or outside the control of PDL.
2.2 The Apps and Services may be altered, suspended or terminated at any time by PDL in its sole discretion.
2.3 As a precondition to your use of the Apps or Services, you agree to the following:
a. Subject to Section 2.4, you are 18 years of age and have reached the age in your state to be able to create a binding legal obligation
b. Your use of the Apps or Services will conform to this Agreement
c. You will use the Apps or Services only for lawful purposes
d. Your use of the Apps or Services is for you personally or as a gift for another person
e. The information you provide to PDL is truthful and accurate
2.4 You affirm that you are over the age of 13, as the Apps and Services are not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE APPs AND SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
2.5 App users who use the Marketplace agree that they have read and understand Buying and Selling Policy.
3. Your Account and Notices
3.1 To use some or all portions of the Apps and Services, including the Marketplace, you may be required to create an account using accurate information regarding your name, age, email address and a valid credit card (“Account”). You are responsible for updating and correcting any Account information. You will be required to create a username and password. You agree to be the sole user of such username and password and to protect and safeguard the use thereof from others. You agree that you are responsible for any activity on your Account. You agree to notify PDL immediately of any unauthorized use of your Account or of any other breach of security. Your Account is non-transferable. PDL may disable your Account for any reason at any time.
3.2 PDL may send you notices with respect to the Apps, Services or your Account by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the App. Notices sent by email and notices posted on the App or Services will become effective immediately. Notices sent via postal mail will be effective five (5) business days after they are sent.
3.3 PDL may allow the use of an electronic wallet (“Wallet”) on its Platform. Once you set up your account and Wallet, you may purchase, collect, display, trade and sell your PDL NFTs on the PDL Wallet, subject to these Terms. You may purchase PDL NFTs on the Platform in two ways: (a) by buying PDL NFTs from PDL in pack form, or (b) by buying PDL NFTs direct from other users in transactions on the Platform in the Marketplace.
You are responsible for all payments, fees, taxes (if applicable), and costs when engaging in any transactions involving PDL NFTs, including, without limitation, the purchase price, transaction fees and all other fees associated with you using the Wallet transacting on the Platform.
4. Fees and In App Purchases
4.1 You agree to pay for any In App purchases or other applicable fees. You agree that all In App purchases are final and non-refundable. Purchase prices as listed in the Apps may be altered by PDL, from time to time, in its sole discretion. Although the App may be free to use initially, PDL reserves the right to charge you fees to continue to use the App or Services.
4.2 If you elect to purchase, sell, trade, or access Digital Trading Cards on the Apps, or Services with or from other App users via the App, any financial transactions that you engage in will be conducted solely through PDL’s network. PDL will not control or reverse any transactions between you and another App user. Except for the initial purchase of an NFT associated with a Trading Carding, PDL will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the App or Services.
4.3 Each time you use the Marketplace to sell a Digital Trading Card, you will be charged and pay to PDL a service fee. That service fee is used to run the App, Services and PDL’s blockchain network. You authorize PDL to collect the service fee based on the total value of that transaction as described in Section 1.4, above. You acknowledge and agree that the service fee will be transferred directly to us through our network as part of your sales transaction.
4.4 You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on PDL’s net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Apps or Services including, without limitation, any Taxes that may become payable as the result of your ownership, trading of the or access to any Digital Trading Card. Except for income taxes levied on PDL’s net income, you: (i) will pay or reimburse PDL for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to PDL pursuant to this Agreement. You confirm that you are not a resident in Canada nor are you registered for Goods and services tax / Harmonized sales tax (GST / HST) or Provincial sales taxes (PST) in Canada and will inform PDL if your status changes in the future.
5. Authorized Users
Any individual who establishes an Account and abides by this Agreement may be an authorized user of the Apps so long as he or she is over the age of 13. If you use the Apps you are representing to PDL that you are over the age of 13. You agree not to assist any individual who is 13 years old or younger in using the App. During your use of the App, you agree not to contact or solicit any interaction with any individual who is 13 years of age or younger.
6. User Content and Feedback
You may choose to submit any text, graphics, photos or other materials, content, comments, bug reports, ideas or other feedback about the Apps or Services, or items sold or purchased therein, including without limitation about how to improve the App or Services (collectively, “Feedback”). By submitting any Feedback, you agree that PDL is free to use that Feedback at PDL’s discretion and without additional compensation to you, and to disclose that Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant PDL a perpetual, irrevocable, nonexclusive, worldwide license for all rights necessary for us to incorporate and use your Feedback for any purpose.
7. Term and Termination
7.1 PDL will cancel your Account for non-payment of any In App Purchases, required fees or any other violation of this Agreement. You may terminate this Agreement at any time by canceling your account on the Apps or Services and discontinuing your access to and use of the Apps and Services. You will not receive any refunds if you cancel your account, or otherwise terminate this Agreement and you will no longer be able to access any Playing Cards associated NFTs you have purchased. You agree that PDL, in our sole discretion and for any or no reason, may terminate this Agreement and suspend and/or terminate your account(s) for the Apps and Services.
7.2 You agree that any suspension or termination of your access to the Apps and Services may be without prior notice, and that PDL will not be liable to you or to any third party for any such suspension or termination. If PDL terminates these Agreements or suspends or terminates your access to or use of the Apps or Services due to your breach of this Agreement or any suspected fraudulent, abusive, or illegal activity, then termination of this Agreement will be in addition to any other remedies PDL may have at law or in equity. Upon any termination or expiration of these Agreement, whether by you or PDL, you will no longer have access to information that you have posted on the Apps or Services or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 1.1, 1.7, 1.8, 1.9, 1.11, 1.2, 2, 3, 4.1, 4.4, 6 through 9, 10.1, and 11 through 19 will survive the termination or expiration of this Agreement for any reason.
You acknowledge that the Apps are owned solely by PDL. You acknowledge that the trademarks and copyrights of PDL (“Intellectual Property”) are owned exclusively by PDL. You agree not to use the Intellectual Property in any way other than in connection with your use of the Apps or Services.
10. User Conduct
10.1 You agree that you are responsible for your own conduct while accessing or using the Apps and Services, and for any consequences thereof. You agree to comply with the following non-exhaustive list of requirements during your use of the PDL Apps and Services.
10.2 You agree not to, or attempt or assist another person to, copy, violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the Apps or Services.
10.3 You agree that you will NOT use the Apps or Services to:
a. upload, download, post, email, transmit, store or otherwise make available any content that is objectionable, demeaning, unlawful, harassing, threatening, harmful, defamatory, obscene, invasive of another’s privacy, hateful or offensive
b. pretend to be anyone or any entity, you are not
c. infringe the rights of others, including copyrights or other intellectual property rights
d. make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Apps or Services or any part thereof, or any other computer software or hardware
e. engage in any fraudulent or illegal activity, such as, but not limited to, illegal gambling or wagering
f. cheat or otherwise modify the Apps to effect an advantage for one App user over another.
10.4 By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the App any content that infringes the intellectual proprietary rights of any party; (v) use the Apps or Services to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users' enjoyment of the Apps or Services; (viii) exploit the Apps or Services for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the Apps or Services; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Apps or Services or any part of it; (xi) reformat or frame any portion of the Apps or Services; (xii) display any content on the Apps or Services that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Apps or Services or the content posted on the Apps or Services, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; (xv) attempt to interfere with the free and fair operation of the Marketplace; (vxi) take any action that PDL determines, in its sole discretion, negatively impacts the Marketplace; or (xvii) access or use the Apps or Services for the purpose of creating a product or service that is competitive with any of PDL’s products or services. If you engage in any of the activities prohibited by this Section, PDL may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account and/or delete your NFT and your access to Digital Trading Cards images and descriptions from the Apps and Service.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF DAMAGE, AND LIMITATION OF LIABILITY
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APPS AND SERVICES IS AT YOUR SOLE RISK, AND THAT THE APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PDL, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APPS AND SERVICES AND ANY PART OF THEM (INCLUDING, WITHOUT LIMITATION, THE NFTs, THE DIGITAL TRADING CARDS), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. PDL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT (I) USAGE OF THE APPS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (II)YOUR ACCESS TO OR USE OF THE APPS OR SERVICES WILL MEET YOUR REQUIREMENTS, (III) USAGE DATA PROVIDED THROUGH THE APPS OR SERVICES WILL BE ACCURATE, (IV) THE APPS AND SERVICES OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APP AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APP WILL BE SECURE AND YOU AGREE THAT FROM TIME TO TIME PDL MAY REMOVE THE APPS OR SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE APPS OR SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11.2. IN NO CASE WILL WILL PDL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE APPS OR SERVICES
11.3 IN NO CASE WILL PDL’S LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO PDL WITHIN THE SIX MONTH PERIOD PRECEDING ANY CLAIM BROUGHT BY YOU.
11.4 YOU ACKNOWLEDGE AND AGREE THAT PDL HAS MADE THE APPS AND SERVICES AVAILABLE TO YOU AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE APPS AND SERVICES TO YOU WITHOUT THESE LIMITATIONS.
11.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
By using the Apps and Services, you agree to indemnify and hold PDL, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of the Apps or Services, violation of applicable law or any action taken by PDL as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this Agreement has occurred.
13. Dispute Resolution; Arbitration
13.1 PLEASE READ THIS SECTION 13 CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PDL, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. SOME NON-U.S. JURISDICTIONS DO NOT ALLOW BINDING ARBITRATION OUTSIDE OF THEIR JURISDICTION TO APPLY TO THE SALE OF CONSUMER PRODUCTS TO PERSONS SUBJECT TO THEIR JURISDICTION, SO THE FOLLOWING ARBITRATION PROVISIONS MAY NOT APPLY TO YOU.
13.2 All disputes arising out of or in connection with this Agreement, including without limitation your access or use of the Apps or Services, or to any products sold or distributed through the Apps and Services, will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The appointing authority will be the American Arbitration Association. The case will be adjudicated by a single arbitrator and will be administered by the American Arbitration Association in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, PDL will pay them for you. The place of arbitration will be Dallas County, Texas, USA. You may choose to have the arbitration conducted by telephone, based on written submissions. The language of the arbitration will be English. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, PDL may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that this Agreement is specifically enforceable by PDL through injunctive relief and other equitable remedies without proof of monetary damages.
13.3 WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE APP, THE SERVICES, THE MARKETPLACE, THE SITE, THE SMART CONTRACTS, OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE APP, THE SERVICES, THE MARKETPLACE, THE SITE, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
13.4 Opt-Out Procedure
IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO PDL, 5325 FAA Blvd, Suite 100, Irving, Texas 75061. The Opt-Out Notice should state that you opt-out of this arbitration agreement and provide your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to your Account. You must sign and date the Opt-Out Notice for it to be effective.
You may not assign this Agreement or access to or use of your Account to anyone without the advance written approval of PDL. PDL may assign its rights and obligations under this Agreement in PDL’s sole discretion to an affiliate, or in connection with an acquisition, sale or merger. Any assignment other than as provided in this Section is null and void for all purposes.
15. Entire Agreement
This Agreement constitutes the entire agreement between you and PDL and supersedes any prior or contemporaneous communications or understandings whether written or verbal.
16. Choice of Law, Jurisdiction, and Venue
This Agreement will be governed, construed and enforced in accordance with the laws of the State of Texas without regard to the principles of conflicts of law. If the agreement to arbitrate in Section 13 is found not to apply, any action or proceeding concerning, related to, regarding, or commenced in connection with this Agreement or your use of the Apps or Services must be brought in a state or federal court located in Dallas County, Texas, and you hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection that you may now or hereafter have as to the venue of any such action or proceeding brought in any such court, or that any such court is an inconvenient forum. The UN Convention for the International Sale of Goods does not apply to this Agreement or any sales made using any Panini website, App, or Service.
SOME NON-U.S. JURISDICTIONS DO NOT ALLOW THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION TO APPLY TO THE SALE OF CONSUMER PRODUCTS TO PERSONS SUBJECT TO THEIR JURISDICTION, SO THE ABOVE CHOICE OF LAW AND VENUE MAY NOT APPLY TO YOU.
17. Additional Terms Applicable for Users of Apple iOS
17.2 The license granted to you under this Agreement is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: https://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
17.3 You acknowledge that PDL, and not Apple, is responsible for providing the Service and content thereof.
17.4 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
17.5 To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
17.6 Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and PDL, PDL, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation
17.7 Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
17.9 When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
There are no third-party beneficiaries to this Agreement. The parties are independent contractors, and nothing in these Agreement creates any agency, partnership, or joint venture. The language in this Agreement will be interpreted as to its fair meaning, and not strictly for or against any party. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. PDL will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labor conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that PDL may provide you with notices (including, without limitation those regarding changes to this Agreement) by email, regular mail, or postings on the Apps, Services, or Marketplace. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
19. Notice and Procedure for Copyright Infringement Claim. PDL, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Apps or Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. PDL accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), PDL has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. PDL’s designated agent to receive notification of claimed infringement is:
Panini America, Inc.
5325 FAA Blvd.
Irving, TX 75061
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to DMI’s designated agent, listed above, and must include the following information:
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
The parties hereto agree that this Agreement may or may not be electronically signed. The parties agree that usage of the App, or Services, shows intended acceptance of the Agreement set within this document.
The following terms and conditions apply to your participation in the redemption program (“Redemption Program”) of Panini America, Inc. (“Panini”). Your participation in the Redemption Program indicates your acceptance of these terms and conditions. These terms and conditions may be amended at any time by Panini in its sole discretion.
A redemption card (“Redemption Card”) is a card that contains a unique code allowing the owner of the redemption card to contact Panini and request the trading card referenced on the redemption card (“Identified Trading Card” or “ITC”) or a substitute trading card (“STC”) selected by Panini in its sole discretion. The trading card referenced by the redemption card may never become available for various reasons outside of Panini’s control, including the passing of the individual athlete.
To participate in the Redemption Program, you must access Panini’s website (www.paniniamerica.net), follow the instructions, which include the making of a redemption request (“Redemption Request”) prior to the expiration date indicated on the Redemption Card. Accepting these terms and conditions is also an acceptance of the General Terms and Conditions of Sale.
Each redemption card can be used only once. Each redemption card includes an expiration date. If you do not submit a Redemption Request prior to the expiration date, the redemption card is void and cannot be used in the Redemption Program. If the Redemption Request is submitted prior to the expiration date, then it will be considered a timely Redemption Request.
If the ITC is not available at the time of the Redemption Request, for any reason, Panini will so notify you and you will then have the choice either: 1) to wait up to six months for the ITC to become available; or 2) to request that Panini provide a substitute trading card (“STC”). If you elect to wait for the ITC to become available, Panini will attempt to provide the ITC within six months of the receipt of a timely Redemption Request. Panini makes no guarantees or warranties regarding whether the ITC will become available during the six month waiting period should you elect to wait. Regardless of your election, Panini reserves the right to send an STC after the expiration of the six month waiting period.
If the ITC does not become available during the six month period, and Panini elects to send an STC, your only option is to accept the STC.
An STC will be of an equal or greater monetary value as compared to the market value of ITC as of the time of the product release as determined by Panini in its sole discretion. Alternatively, Panini may supply two or more STCs that in total are of equal or greater monetary value as compared to the market value of ITC as of the time of the Redemption Request, as determined by Panini in its sole discretion. If you elect to request an STC and then reject the STC or STCs offered by Panini, then you shall have no further redemption rights and waive the right to receive any further compensation or alternate STC(s).
By accessing and using the Redemption Program you are representing to Panini that you are the owner, or the authorized agent of the owner, of a valid and unexpired Panini Redemption Card.
You agree that you will not provide any false or misleading information to Panini in connection with your participation in the Redemption Program and that should you do so, you will have forfeited any of your redemption rights.
You agree that a redemption card can be used only once; that Panini is not responsible for any expired, lost or stolen redemption cards or any damage thereto that prevents use of the required unique information.
These terms and conditions are governed by the laws of the State of Texas without regards to conflicts of law provisions. You agree that any claims arising from the Redemption Program shall be brought exclusively in the state or federal courts located in Dallas County, Texas. You consent to exclusive venue and personal jurisdiction in said courts for said claims. Express provisions regarding governing law and venue may also be found in the General Terms and Conditions of Sale.
Limitation of Panini’s Liability and Class or Representative Actions
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PANINI AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE REDEMPTION PROGRAM WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER PANINI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PANINI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. IN NO EVENT SHALL PANINI’S LIABILITY TO YOU IN CONNECTION WITH ANY REDEMPTION CARD, ITC, STC OR THIS REDEMPTION PROGRAM EXCEED THE AMOUNT OF $1,000.