CardBOXBeta

Terms of Service

1. Introduction

These Terms and Conditions (referred to as the "Terms") represent a legally binding agreement between you ("User," "you," or "your") and CardBOX (referred to as "CardBOX," "we," "us," or "our"), governing your use of the services provided by CardBOX (the "Service"). Certain aspects or elements of the Service, such as any CardBOX Assets or profiles hosted on external platforms (including but not limited to Twitter, Discord), may have additional or separate terms that apply. If there are any inconsistencies between these Terms and those additional terms, the supplementary terms will take precedence with respect to those specific services.

By accessing our website (cardbox.io) and using the Service, including participating in any transactions, engaging in the purchase or sale of assets, using the Listaking protocol, or interacting with any digital assets or collectibles, you confirm that you have read, understood, and agree to abide by these Terms. If you do not agree to these Terms, you must refrain from using the Service or engaging with any CardBOX offerings, including buying, selling, or interacting with CardBOX Assets.

CardBOX operates a marketplace and liquidity protocol where sellers list assets for sale and buyers can offer to purchase those assets. You acknowledge that except in cases where CardBOX itself is the seller, we are not responsible or liable for any disputes arising between you and any seller regarding the use, sale, or failure to provide any assets.

Please carefully review Section 23 of this Agreement as it includes an Arbitration Agreement that will generally require you to resolve disputes with CardBOX through binding arbitration. By agreeing to these Terms, you acknowledge that you waive your right to a jury trial and agree to individual arbitration for resolving disputes.

Please also note that, by using the Service, you consent to receiving communications from us regarding important updates or changes to your account or the Service. You may opt-out of certain communication types, such as marketing communications, as outlined in the preferences section of the Service.

CardBOX reserves the right to modify or update these Terms at any time, and you agree that any such changes will be effective once they are posted. We will notify you of any substantial changes through appropriate means, such as email or notice through the Service. By continuing to use the Service after such updates, you agree to accept the modified Terms. If you disagree with any changes, you may choose to discontinue use of the Service.

2. Our Service

CardBOX provides a comprehensive platform connecting physical collectibles with the Web3 digital world, allowing users to buy and sell "Digital Twins" of physical cards. These Digital Twins represent specific individual assets listed by the seller ("Seller"), who retains ownership of the physical card until it is sold. When a Seller offers an Asset for sale, they list a Digital Twin corresponding to that physical card. Ownership of the physical Asset is transferred from the Seller to the Buyer ("Buyer") when the Digital Twin is purchased.

Before the Digital Twin is available for sale, Sellers must deliver the corresponding physical card to CardBOX for secure storage as part of CardBOX's Asset Management Services. Upon purchasing a Digital Twin, the Buyer assumes the Seller's rights and responsibilities under the Asset Management Services agreement. Buyers may either continue utilizing the Asset Management Services for their Digital Twin, offer the Digital Twin for resale, or submit a withdrawal request to receive the physical Asset through the process outlined in this Agreement.

CardBOX is not the Seller of any Asset listed for sale, except where explicitly stated. While we may assist in resolving disputes between buyers and sellers, we do not control or guarantee the accuracy of the listings, the Sellers' ability to fulfill their offers, or the completion of any transaction. Pricing and other guidance provided on our platform are for informational purposes only. We do not guarantee the success or completion of any transactions. We recommend users exercise caution and common sense when engaging with other users, both online and offline, to protect their personal safety.

To use certain features of the Service, such as purchasing Digital Twins, users must have a software-based digital wallet connected to their account. CardBOX automatically generates wallets for users, so there is no need for users to manually create one. Transactions, including the purchase, sale, or transfer of Digital Twins, are conducted through third-party wallet extensions. By using our Service, you agree that these transactions are governed by the terms of service and privacy policies of the applicable wallet extensions.

CardBOX does not own or operate any blockchain or wallet. We do not store or have access to any user's private keys, passwords, wallets, or other sensitive information. All transactions are processed on the blockchain, and CardBOX is not responsible for performing transactions on behalf of users. Certain information, such as wallet addresses and transaction details, may be publicly visible on the respective blockchain.

3. Purchase and Sales of CardBOX Assets

Pricing and payment details for CardBOX Digital Twins will always be disclosed at the time of purchase or otherwise made available through the Service. Once a transaction is initiated, the payment terms are final and binding. The currency used for payment is fixed at the time of purchase and cannot be substituted by another form of digital or traditional currency. Please note that fluctuations in the value of digital or fiat currencies will not alter your payment obligations.

  • CardBOX does not guarantee the availability of any Digital Twin for purchase at any given moment.
  • When you purchase a Digital Twin on our Website from an Initial Seller, such Digital Twin is minted directly into the Wallet through which you connected to the Website and initiated payment. When you purchase a Digital Twin from any then-current Seller after the Initial Seller, such Digital Twin is transferred directly from the Seller to you. Except where CardBOX is the Buyer or Seller of a Digital Twin, CardBOX does not hold custody of, nor take ownership or possession of, any Digital Twin. Digital Twins can be transferred between Wallets on the CardBOX High-Performance AppChain.
  • It is your responsibility to ensure your wallet contains sufficient funds to cover the full price of the Digital Twin, including any associated costs such as transaction fees charged by third-party processors, applicable taxes, and any blockchain transaction validation fees. CardBOX does not control these fees and has no authority over charges related to blockchain transactions.
  • All payments processed through our website are handled on the blockchain. CardBOX does not have control over, and cannot reverse, any payments or transactions initiated by users through their wallets. We may update or introduce new payment processing services at any time, which may be subject to additional terms and conditions. The acceptance of any form of payment is entirely at CardBOX's discretion and may be adjusted at any time. You acknowledge that CardBOX is not liable for any issues related to failed payments, including those resulting from errors in processing, blockchain issues, or other disruptions. It remains your responsibility to verify that your payment for a Digital Twin has been successfully completed.
  • In case you face any issues with your purchase, please reach out to us. We will strive to resolve your concerns based on our current procedures. You are solely responsible for determining and paying (or reimbursing for the payment of) any and all sales, use, value-added, and other taxes, duties, and assessments now or hereafter claimed or imposed by any tax or other governmental authority associated with your use of our Website or transactions of any CardBOX Digital Twin (collectively, the "Taxes").
  • By acquiring a Digital Twin, you confirm that you have reviewed and understood the terms and conditions that apply to the transaction, including the relevant fees (such as the CardBOX Fee, which may apply). You also agree that you will bind any future purchaser of the Digital Twin to these terms.
  • When you list an Asset or Digital Twin on CardBOX, you appoint us as your limited payment agent for the sole purpose of processing and holding payments due to you from sales of your Digital Twin. CardBOX will facilitate payments and settle any amounts to you, minus our fees and applicable taxes. Once payment is received by CardBOX on your behalf, it will fulfill the payer's obligation, even if the payment is not immediately transferred to you. If CardBOX fails to transfer the payment, your recourse will be solely against CardBOX, not the payer, as the payment will be considered made when CardBOX accepts it.

4. Seller Agreement & Listaking Protocol

  • By listing an Asset for sale on CardBOX, the Seller affirms that they: (i) possess full ownership of the Asset; (ii) have the necessary rights to sell the Asset and to create a Digital Twin linked to it; (iii) will not list the Asset for sale on any other marketplace as long as the corresponding Digital Twin is available on CardBOX; and (iv) that the Asset adheres to our current Listing Guidelines.
  • Listaking Specific Terms: When you utilize the Listaking protocol, you agree to the following unique conditions:
    1. Dual Availability: Your Asset is simultaneously listed for direct purchase on the Marketplace and available as a potential prize in the Blind Box pool.
    2. Automatic Settlement: If your Asset is selected by the system for a Blind Box prize (a "Pull"), this constitutes a binding, irrevocable agreement to sell the Asset. The smart contract will automatically execute the sale at the Current Fair Market Value (FMV). You expressly waive any right to refuse this transaction once initiated by the system.
    3. Revenue Share: As a liquidity provider in the Listaking pool, you may be entitled to a share of protocol revenue (e.g., 1% of Blind Box sales), subject to the prevailing protocol rules and your Asset's eligibility.
  • Before the first sale of a Digital Twin, the Seller agrees to send the corresponding Asset to CardBOX for secure storage as part of our Asset Management Services. The Seller remains fully responsible for any damage or loss of the Asset until CardBOX confirms its receipt. The Seller will earn a share of the revenue generated from CardBOX's management of their Asset (referred to as the "Seller Revenue Share"). This share is calculated as the total amount received by CardBOX from the management of the Asset, minus any agreed-upon fees.
  • CardBOX is not responsible for any errors or issues related to the wallet address or payment details provided by the Seller. We reserve the right, but are not obligated, to verify the authenticity and condition of each Asset. If an Asset does not meet the standards described by the Seller or our guidelines, it will be returned to the Seller at their cost. In cases where a Digital Twin is sold, but the Asset does not meet our standards, we may cancel or refund the transaction as per our policies.
  • Sellers are solely responsible for providing support to Buyers regarding any Assets listed on CardBOX. While we may offer technical assistance at our discretion, there is no obligation for us to do so.
  • If a dispute arises between a Seller and any third party, including Buyers or payment providers, CardBOX will not become involved. The Seller is entirely responsible for resolving such disputes. CardBOX reserves the right to remove any Seller from the platform and revoke their ability to list Assets if we reasonably believe they have violated this Agreement or if we choose to discontinue the service.

5. Asset Management Services

  • CardBOX reserves the right to remove Sellers from the platform and revoke their ability to list Assets if we believe they have violated the terms of this Agreement or if we decide to discontinue the service.
  • Our Asset Management Services involve receiving, securely storing, and managing Assets on behalf of the current owner of the associated Digital Twin. These services include listing and relisting Assets as Digital Twins, and facilitating the transfer of Assets to the Owner upon their request for withdrawal (redemption).
  • Each purchase of a Digital Twin may include a fee for Asset Management Services (the "CardBOX Fee"). This fee is a percentage of the total purchase price and is automatically deducted from the amount paid by the Buyer, with the remaining balance being transferred to the Seller. The CardBOX Fee will be used to cover the cost of storing, securing, and facilitating the services related to the Assets.
  • Currently, CardBOX operates a "Zero Storage Fee" policy for standard custody services. Once an Asset is delivered to us by the Seller, it is stored securely and remains under CardBOX's control until it is redeemed by the Owner. We take all reasonable measures to maintain the integrity of each Asset, including working with trusted storage and shipping partners. Furthermore, we insure each Asset while it is under our control, with coverage equal to its fair market value. However, CardBOX will not be held liable for any loss, damage, or destruction of the Asset unless such loss is the result of CardBOX's gross negligence or intentional misconduct.
  • Upon selling a Digital Twin, the Seller affirms that all liabilities tied to the Asset and its management have been resolved and that they transfer the responsibilities for the Asset Management Services to the Buyer. This transfer is formalized through an "Assumed Contract" between CardBOX and the Buyer. The Assumed Contract does not include any previous Seller Revenue Share, which remains an agreement between CardBOX and the original Seller. Once the CardBOX Fee is received from the Buyer, the Seller is released from any obligations related to the Assumed Contract.
  • When purchasing a Digital Twin, the Buyer acknowledges that they assume all responsibilities under the Assumed Contract. This includes being bound by the terms and conditions associated with the management of the Asset. If the Buyer wishes to terminate the Assumed Contract, they can either resell the Digital Twin, transferring the contract to the new Buyer, or withdraw (redeem) the Digital Twin for the physical Asset.
  • Upon the request for withdrawal, CardBOX reserves the right to verify the Buyer's identity, ownership of the Digital Twin, and compliance with the Agreement. Once verification is complete, the physical Asset will be shipped to the Buyer, and the corresponding Digital Twin will be burned to signify the withdrawal process.
  • Please note, the withdrawal of a Digital Twin may incur additional fees, such as Taxes, shipping, and handling charges, which are determined at our discretion and are subject to change.
  • Regional Restrictions: We currently ONLY support shipping to the following regions: Southeast Asia (11 countries), Japan, South Korea, USA, and Canada. Users outside these regions should not request withdrawal or must provide a valid address within these regions.

6. Third-Party Purchase Service

  • CardBOX offers users the opportunity to purchase Digital Twins through third-party sellers, known as the "Third-Party Purchase Service." This service allows third-party sellers ("Offerors") to list their original Digital Twins ("Offeror Digital Twins") for sale. CardBOX is not the seller or creator of any Offeror Digital Twins, nor do we own any physical assets or artwork associated with these items (collectively referred to as "Offeror Materials"). While CardBOX may choose to verify the authenticity of the Offeror Materials, we are not obligated to do so and make no guarantees regarding their legitimacy. It is your responsibility to independently verify the authenticity, identity, and legitimacy of any Offeror Materials before making a purchase.
  • When you engage in a Third-Party Purchase, the transaction is strictly between you and the Offeror. CardBOX only acts as an intermediary to facilitate the transaction but does not transfer ownership of any Offeror Digital Twin from the Offeror to you. CardBOX is not a party to the purchase agreement and assumes no responsibility for it.
  • Please note that CardBOX is not involved in any returns or refunds for purchases made via the Third-Party Purchase Service. Any issues regarding your purchase, including returns or disputes, must be handled directly with the Offeror.

7. Secondary Marketplace Sales of CardBOX Digital Twins

  • You may be able to sell, trade, or transfer your CardBOX Digital Twins (which may also be referred to as NFTs) on compatible third-party platforms, exchanges, or secondary marketplaces where users can engage in buying, selling, or bidding on NFTs ("Secondary Marketplaces"). Please note that each Secondary Marketplace operates according to its own terms and conditions, and CardBOX Digital Twins may not be supported or available on all platforms. We do not guarantee the availability, compatibility, or functionality of any Secondary Marketplace.
  • By participating in a Secondary Sale, you acknowledge and agree that CardBOX is not involved in the transaction, nor is it a party to any agreements made between you and the Buyer or Seller of the Digital Twin. CardBOX is not liable for any issues, losses, or damages incurred as a result of transactions conducted on Secondary Marketplaces.
  • Additionally, any Secondary Sale of a CardBOX Digital Twin will be subject to a CardBOX Fee. This fee may be automatically deducted from the final payment made by the Buyer to the Seller. The CardBOX Fee will be applied to the total sale price of the Digital Twin.

8. User Agreements, Representations, and Warranties

To use the Service, you must be at least eighteen (18) years old or otherwise legally capable of forming a binding contract in your jurisdiction. By accessing and using the Service, you agree to:

  • Provide accurate, current, and complete information about yourself as requested.
  • Promptly update such information as necessary to ensure it remains accurate and complete.
  • Maintain the security of your Wallet and accept all risks associated with unauthorized access.
  • Notify CardBOX immediately if you suspect any security breaches related to your use of the Service or your Wallet.

You are prohibited from buying, selling, renting, or leasing access to the Service without our express written consent. Additionally, you may not access or attempt to access the Service through unauthorized third-party applications or clients.

CardBOX may require you to provide additional information or documents as needed to comply with applicable laws, regulations, or policies, including but not limited to those related to anti-money laundering or counterterrorism financing (KYC). If CardBOX suspects that your Wallet or access to the Service is being used for illegal activities or if you have provided false information, we may pause or cancel your transactions until the necessary information is reviewed and accepted. Failure to provide complete and accurate information may result in denial of access to the Service or certain features, including the receipt of CardBOX Digital Twins, content, products, or services.

By using the Service, you represent and warrant to CardBOX, its affiliates, and their respective representatives as follows:

  1. Authority: You have the legal capacity, power, and authority to enter into and fulfill your obligations under this Agreement, including the minting, selling, or buying of any CardBOX Digital Twins.
  2. Due Execution: This Agreement constitutes a legal, valid, and binding obligation, enforceable against you according to its terms.
  3. Accuracy of Information: All information provided to CardBOX or its third-party designees, including your address and tax ID number, is accurate and complete.
  4. Sanctions Compliance: You are not, and will not authorize, enable, or permit any use of the Service by anyone who is:
    • In or under the control of a jurisdiction subject to U.S. trade embargoes;
    • Identified on any U.S. export or sanctions-related restricted party list.
  5. Non-Contravention: This Agreement does not conflict with or violate any other agreements or legal obligations you may have. Your participation in the Service and the minting, listing, buying, or selling of any CardBOX Digital Twins does not breach any laws or agreements applicable to you.

9. Regional Restrictions and Compliance

Based on local policies, regulations, and platform business planning, CardBOX reserves the right to restrict or prohibit users from certain countries or regions from accessing or using the platform services, including but not limited to participating in any transactions, engaging in the purchase or sale of assets, using the Listaking protocol, or interacting with any digital assets or collectibles. Restricted countries/regions include but are not limited to: the People's Republic of China (including the Hong Kong Special Administrative Region and the Macau Special Administrative Region), North Korea, Iran, Cuba, Syria, the Crimea region, the Donetsk and Luhansk regions, Russia, Afghanistan, Belarus, Myanmar, Sudan, Venezuela, Yemen, Algeria, Bangladesh, Bolivia, Morocco, Nepal, Qatar, and any country or region subject to sanctions by the United States, the European Union, or the United Nations. CardBOX will periodically update the complete restricted list and publish it on the platform or notify users through other appropriate means.

Prohibition of Circumvention: Users located in restricted countries/regions are expressly prohibited from attempting to bypass the regional restrictions set forth in these Terms by traveling to non-restricted countries/regions, using virtual private networks (VPNs), proxy servers, or any other technical means to access CardBOX platform services. Upon discovery of any such circumvention attempts, CardBOX reserves the right to unilaterally and immediately restrict, suspend, or permanently ban such user accounts without any liability.

Liability: If users from restricted regions successfully use the platform services through any means, all disputes, liabilities, and losses (including but not limited to financial losses, data loss, third-party claims, etc.) arising therefrom shall be borne solely by such users. CardBOX assumes no responsibility for such matters, and users shall indemnify CardBOX for any losses caused thereby.

10. Consent to Electronic Communication

By using our Service, you agree to receive electronic communications from CardBOX (e.g., via email or push notifications). These communications may include notices about your account, transactions, and other information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

11. Ownership

Unless expressly stated otherwise, the Service and all content and other materials contained therein, including, without limitation, the CardBOX logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, "Content") are the proprietary property of CardBOX or its licensors. CardBOX does not grant you any right, title, or interest in the Content or any other intellectual property rights, except for the rights expressly granted in this Agreement. You may not use any CardBOX trademark, service mark, or logo without CardBOX's prior written consent.

12. License to Access and Use Our Service and Content

Subject to these Terms, CardBOX grants you a limited, non-exclusive, revocable, non-transferable license to access and use the Service and Content solely for your personal, non-commercial purposes. Except as expressly permitted in this Agreement, you may not: (a) resell, distribute, publicly perform, or publicly display the Service or Content; (b) modify or make any derivative uses of the Service or Content, or any portion thereof; (c) use any data mining, robots, or similar data gathering or extraction methods; or (d) use the Service or Content other than for their intended purposes. Any unauthorized use of the Service or Content will immediately terminate this license and may violate applicable laws.

13. User Content

By submitting, posting, or displaying any content (e.g., listings, reviews, social media posts) ("User Content"), you grant CardBOX a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute such User Content in connection with the Service. You represent and warrant that you own or have all necessary rights to grant this license and that your User Content does not infringe the rights of any third party.

14. Third-Party Services

The Service may contain links to third-party websites, applications, or services. CardBOX does not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party services. You access and use these third-party services at your own risk.

15. Acceptable Use Policy

You agree not to engage in any of the following prohibited activities:

  • Providing false or misleading information.
  • Unauthorized access to other users' accounts or wallets.
  • Creating counterfeit listings or engaging in fraudulent transactions.
  • Interfering with or disrupting the Service (e.g., DDoS attacks, viruses).
  • Using automated means (scrapers, robots) to access the Service without permission.
  • Engaging in market manipulation activities (e.g., pump and dump, wash trading).
  • Using the Service for money laundering, terrorist financing, or other illegal activities.

16. Copyright Policy

If you believe your intellectual property has been infringed on our platform, please submit a notice to our Copyright Agent at contact@cardbox.io. Please include a description of the alleged infringement, the location of the copyrighted work, and your contact information in your notice.

17. Investigations

CardBOX reserves the right to investigate possible violations of this Agreement. We may disclose information to law enforcement, regulatory authorities, or other third parties as required by law or to protect our rights, property, or safety.

18. Release

You agree to release and hold harmless CardBOX and its affiliates, officers, employees, and agents from any disputes, claims, or damages arising out of or related to your use of the Service, including your interactions with other users or the purchase or sale of any CardBOX Assets.

19. Assumption of Risk

You acknowledge and accept the risks associated with using the Service, including but not limited to:

  • Value Volatility: The prices of digital collectibles and NFTs can be extremely volatile. You bear all risks of loss resulting from market changes.
  • Technical Risk: Blockchain technology, smart contracts, and wallets have inherent technical risks, including code vulnerabilities, network congestion, and hacking.
  • Regulatory Risk: The regulatory environment for blockchain technology and digital assets is evolving. Changes in laws or regulations may negatively impact the Service.
  • "As Is": The Service is provided on an "as is" and "as available" basis without warranties of any kind.

20. Indemnification

You agree to indemnify, defend, and hold harmless CardBOX and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of this Agreement, or your infringement of any third-party rights (including intellectual property rights).

21. Disclaimers

CardBOX EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY USER-GENERATED CONTENT, LISTINGS, OR THIRD-PARTY SERVICES.

22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CARDBOX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA LOSS, OR LOSS OF GOODWILL) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE. CARDBOX'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT CARDBOX RETAINED FROM THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM.

23. Dispute Resolution

  • Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service between you and CardBOX shall be resolved by binding individual arbitration, rather than in court.
  • Class Action Waiver: You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
  • Jury Trial Waiver: You waive the right to a trial by jury.

24. General Information

  • Export Control: You agree to comply with all applicable export and import laws and regulations.
  • Severability: If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
  • Entire Agreement: This Agreement constitutes the entire agreement between you and CardBOX regarding the Service and supersedes all prior agreements.

25. Giveaways & Blind Boxes

CardBOX may offer Promotions, including Blind Boxes or similar mechanisms.

  • Random Nature: Products received from Blind Boxes are determined at random. You acknowledge and agree to the random nature of the Blind Box mechanism.
  • No Guarantees: We do not guarantee that you will receive any item of a specific value.
  • Eligibility: Participation is void where prohibited by law. It is your responsibility to ensure your participation complies with local laws.

26. Contact Information

If you have any questions about these Terms, please contact us at: contact@cardbox.io.