Terms of service

OVERVIEW 
This website is operated and owned by PHANTOM CARDS LLC (herein referred to as "PHANTOM CARDS"). Throughout the site, the terms “we”, “us” and “our” refer to PHANTOM CARDS. PHANTOM CARDS offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. 

SECTION 1 - ONLINE STORE TERMS 
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - RESERVATION OF RIGHTS
No reservation of rights hereunder by PHANTOM CARDS shall imply an obligation on the part of PHANTOM CARDS to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of PHANTOM CARDS’s right to exercise same at a later date.

SECTION 3 - LIMITATION ON LIABILITY
In no event will PHANTOM CARDS be liable to Customer and/or User or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if PHANTOM CARDS has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, PHANTOM CARDS’s liability to Customer and/or User for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by Customer and/or User to PHANTOM CARDS for the Service during the term of Customers and/or Usership.

SECTION 4 – DISPUTES
Unless otherwise specified, PHANTOM CARDS is not involved in the actual transaction between sellers and buyers and is not the agent of either for any purpose. PHANTOM CARDS will not be involved in resolving any disputes between Customers and/or Users relating to or arising out of any transaction. PHANTOM CARDS urges sellers and buyers to cooperate with each other to resolve such disputes.

SECTION 5 - GENERAL CONDITIONS 
We reserve the right to refuse Service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

Unless otherwise specified, PHANTOM CARDS only facilitates transactions between sellers and buyers of goods posted for sale on phantom-cards.com or on @phantom_cards Instagram. All transactions are strictly between the buyer, seller, or other participant. In the event a dispute arises between one or more Customer and/or Users and/or Customers, each fully and unconditionally releases and agrees to indemnify and hold PHANTOM CARDS (and its agents, employees, officers, and directors) harmless from and against any and all claims, demands, causes of action, or damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, and whether arising in tort or contract, in connection with such dispute. To the extent PHANTOM CARDS is required to incur time or expense in responding to any discovery request or participating in any dispute between Customers and/or Users, PHANTOM CARDS may invoice the disputing Customers and/or Users for such time and expense, and the Customers and/or Users shall pay such invoice upon receipt.

SECTION 6 – GENERAL PROVISIONS

    1. ENTIRE AGREEMENT: This Agreement, including any terms and conditions, attachments or policies incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy and Statement and any amendments or addendums incorporated by reference, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
      The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
      These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
      Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 
    2. NO AGENCY: PHANTOM CARDS is not the agent, fiduciary, trustee, or other representative of you or any member. Nothing expressed or mentioned in or implied from this Terms of Service Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Terms of Service Agreement. This Terms of Service Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of PHANTOM CARDS, you, and relying buyers or sellers.
    3. SEVERABILITY: If any provision of this Terms of Service Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
    4. NO WAIVER: Nothing contained herein shall be construed as a waiver by PHANTOM CARDS of any of our rights or remedies described in this Terms of Service Agreement unless the waiver is in writing and signed by an authorized PHANTOM CARDS agent. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. PHANTOM CARDS’s failure to enforce the strict performance of any provision of this Terms of Service Agreement will not constitute a waiver of PHANTOM CARDS’s right to subsequently enforce such provision or any other provisions of this Terms of Service Agreement.

SECTION 7 - COPYRIGHTED PROPRIETARY INFORMATION: PHANTOM CARDS IS THE OWNER OF PHANTOM-CARDS.COM AND ALL PAGES THEREIN:
All information contained herein is considered proprietary information and is the product of immeasurable time and skill provided by PHANTOM CARDS and its agents (“Proprietary Information”). By accessing phantom-cards.com, each Customer and/or User understands that misappropriation of such Proprietary Information would cause irreparable damage to PHANTOM CARDS. As a condition of accessing phantom-cards.com, the Customer and/or User understands that the materials on this site are confidential, proprietary and protected by United States Copyright Laws, and that any unauthorized reproduction, preparation of derivative works, distribution (whether by sale or other transfer of ownership, or by rental, lease or lending), or other display of the copyrighted work publicly, without the express written consent of PHANTOM CARDS Collectibles, LLC is expressly prohibited, and that any violation could expose the Customer and/or User to both criminal and civil liability. Certain Proprietary Information is not available publicly and constitutes “Confidential Information” of PHANTOM CARDS.  Customer and/or User and all Customer and/or Users are prohibited from sharing such Confidential Information with any third party.

SECTION 8 - NO WARRANTIES
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. 
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall PHANTOM CARDS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 
phantom-cards.com and all Services available therein are provided on an "as is, where is" basis. PHANTOM CARDS makes no representations or warranties express, implied or otherwise, including but not limited to:

    1. Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
    2. Any guaranty or implied warranty that phantom-cards.com or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
    3. Any guaranty or implied warranty that the information, content, materials, or products included on the site will be as represented by sellers or traders, available for sale, lawful to sell, or that sellers, buyers, or traders will perform as promised;
    4. Any implied warranty arising from the course of dealing or usage of Trade services; and
    5. Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of PHANTOM CARDS to the full extent permissible under applicable law, PHANTOM CARDS disclaims any and all such warranties.

SECTION 9 - INDEMNITY/LIMITATION OF LIABILITY:

    1. INDEMNITY AND DEFENSE: 
      You agree to indemnify, defend and hold harmless PHANTOM CARDS and our parent, subsidiaries, affiliates, (and their respective employees, partners, officers, directors, agents, representatives, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, successors and assigns) from and against any and all claims, demands, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell or trade, any content you provide, the advertisement, offer, sale, trade, or return of any products you sell or trade, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or trade, or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "Seller Taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through phantom-cards.com, or otherwise in connection with any action, inaction or omission of you or any affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.  PHANTOM CARDS may require you to defend PHANTOM CARDS as part of such indemnification, or PHANTOM CARDS may control the defense of any Claim, the cost of which you will reimburse as part of the indemnity.
    2. LIMITATION OF LIABILITY: In no event shall PHANTOM CARDS be liable for damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages arising out of or in connection with this Terms of Service Agreement, even if PHANTOM CARDS has been advised of the possibility of same.

SECTION 10 – TERMINATION
PHANTOM CARDS, in its sole discretion, may terminate this Agreement, access to phantom-cards.com or its Services, or any current transactions immediately, without notice for any reason.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 11 - LEGAL RIGHTS AND REMEDIES
Each Customer and/or User understands and agrees that accessing the website in any way constitutes acceptance of all terms of use as provided herein. Customer and/or User agrees that the Confidential Information contained on PHANTOM CARDS’s websites is the intellectual property and the confidential and proprietary information of PHANTOM CARDS’s and is not information which is readily available to or accessible by the public. Customer and/or User agrees not to use any of the Confidential Information for any commercial purpose whatsoever. Such activities include but are not limited to scrapping, downloading, copying or otherwise misappropriating the data. If any of the terms contained herein are violated, Customer and/or User agrees that a breach of this Agreement has occurred and PHANTOM CARDS is entitled to all legal remedies, including immediate injunctive relief, attorneys’ fees and costs of court.

SECTION 12 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 13 - MODIFICATIONS TO THE SERVICE AND PRICES 
Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 14 - PRODUCTS OR SERVICES 
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: Refund Policy
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. 
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 15 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more details, please review our Refund Policy: Privacy Policy

SECTION 16- OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service. 

SECTION 17 - THIRD-PARTY LINKS 
Certain content, products and Services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 18 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 19 - PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy

SECTION 20 – DISCLAIMERS: ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

PHANTOM CARDS is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Customers and/or Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Customers and/or Users on PHANTOM CARDS may contain links to other websites. PHANTOM CARDS is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by PHANTOM CARDS. Inclusion of any linked, third-party website on PHANTOM CARDS does not imply approval or endorsement of the linked website by PHANTOM CARDS. When Customers and/or Users access these third party sites, they do so at their own risk. PHANTOM CARDS takes no responsibility for collection and dissemination of information by third party websites, third party advertisements which are posted on phantom-cards.com or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. PHANTOM CARDS is not responsible for the conduct, whether online or offline, of any Customer and/or User of the Services. PHANTOM CARDS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Customer and/or User communication. PHANTOM CARDS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or other services due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Customers and/or Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall PHANTOM CARDS be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a PHANTOM CARDS event, from any Content posted on or through the Services, or from the conduct of any Customers and/or Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and PHANTOM CARDS expressly disclaims any warranty of suitability, fitness for a particular purpose or non-infringement. PHANTOM CARDS cannot guarantee and does not promise any specific results from use of the Services.

SECTION 21 - PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 22 - GOVERNING LAW 
phantom-cards.com and the Services are arranged, sponsored, or managed by PHANTOM CARDS in the State of Arkansas, USA. The laws of the State of Arkansas govern this Terms of Service Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Customer and/or User agrees that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Washington County, Arkansas and Customer and/or User hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Arkansas in the USA.

SECTION 23 - CHANGES TO TERMS OF SERVICE 
You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 24 - CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at phantomcardsllc@gmail.com. 
Our contact information is posted below:

PHANTOM CARDS
phantomcardsllc@gmail.com 
109 Spring Street, STE #7, Springdale AR 72764, United States
479-466-9995
*LLC Member Information is now confidential per Arkansas Act 865 of 2007. 
For available PHANTOM CARDS Corporation information, see Arkansas Secretary of State Website