Terms and Conditions
Penny Sleeve Terms and Conditions Agreement
Accepting these Terms
The Terms are a legally binding contract between you and Penny Sleeve (which includes the owners and developers of Penny Sleeve) that sets out your rights and responsibilities when you use Penny Sleeve, including PennySleeve.com, or any of our other services (collectively referred to as our “Services”). Penny Sleeve is offered to you conditioned on your acceptance without modification of the Terms. Your use of Penny Sleeve, even if you’re just browsing, constitutes your agreement to all such Terms.
These Terms supersede any conflicting parts of any prior agreements between Penny Sleeve and you.
These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Penny Sleeve. You are solely responsible for any activity on your account.
Visiting PennySleeve.com or sending emails to Penny Sleeve constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the PennySleeve.com site, satisfy any legal requirements that such communications be in writing.
In order to use the Penny Sleeve Services and access content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Terms, (2) be fully able and competent to enter into the terms and conditions set forth in this agreement, and (3) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.
You promise that any registration information that you submit to Penny Sleeve is true, accurate, and complete, and you agree to keep it that way at all times.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Penny Sleeve is not responsible for third party access to your account that results from theft or misappropriation of your account. Penny Sleeve and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
When an item is purchased on Penny Sleeve the buyer’s personal information is processed by both Penny Sleeve and the seller. This information may include personal information (for example, the buyer’s name, email address, and shipping address). Therefore, Penny Sleeve and the seller are considered separate and independent data controllers of buyers’ personal information under EU law. Each party is responsible for the personal information it processes in providing the Services. If a seller discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Penny Sleeve, will be responsible for that unauthorized disclosure.
If, however, Penny Sleeve and sellers are found to be joint data controllers of buyers’ personal information, and if Penny Sleeve is sued, fined or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Penny Sleeve for the expenses it occurs in connection with processing of buyer personal information. See the section on Indemnification for more information about your obligations to Penny Sleeve.
Transactions on the Site
When items are sold on Penny Sleeve, the actual contract for sale is directly between the seller and buyer. You understand that Penny Sleeve does not manufacture, store, or inspect any of the items sold through our Services. Penny Sleeve has no control over and does not guarantee the existence, quality, safety, copyright compliance, or legality of items advertised; the truth, accuracy, or decency of any user’s content or listings, the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Penny Sleeve from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury.
You are responsible for paying all fees that you owe to Penny Sleeve. In addition, you are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. A listing of applicable fees for Services is available on our Site Fees page. If using a payment service provider, such as Paypal for example, in order to receive payments for items sold, you are responsible for paying all fees associated with payment transactions. Penny Sleeve is not responsible for collecting or paying for fees incurred when using third party services to complete Penny Sleeve related transactions, such as those charged by payment service providers.
Fees are to be paid to Penny Sleeve at the time a service or item requested and purchased. This means that you 'pay as you go' as opposed to having an account where fees are accrued until a pre-determined invoice date and due date in the future.
You may terminate your account with Penny Sleeve at any time. Terminating your account may not affect the availability of your content from the Penny Sleeve Services. Should you terminate your account, you are still responsible for paying any outstanding bills and fees owed to Penny Sleeve.
Penny Sleeve Ground Rules
Penny Sleeve’s Services connect people to buy, sell, and share information about sports cards and related goods and subject matters. We hope it’s a fun place to play and spend some time.
Like some well-known baseball stadiums (here’s looking at you Fenway & Wrigley), we too have some Ground Rules specific to Penny Sleeve. These rules are part of the Terms, so you’ll want to read through each one that may apply to you.
Ground Rules for Everyone
We want everyone in the Penny Sleeve community to have a good time. As a sports card hobbyist, we want to enjoy our collections and the people with which we share this common interest. In this spirit, we prohibit discrimination based upon:
- National Origin
- Gender identity
- Sexual orientation
- Any other characteristic protected under applicable law
Examples of prohibited behavior include, but are not limited to:
- Refusal of service based upon membership in one or more protected groups
- Derogatory or demeaning remarks against protected groups listed above
- Racial slurs
- Content that glorifies past or present hate groups
Keep all content posted on Penny Sleeve respectable. Flaming and trolling will not be tolerated. Feel free to disagree, especially if you’re favorite teams are rivals, but don’t make disagreements personal. Again, we’re here to encourage the sport card collecting community to have fun.
Finally, don’t create a user name that is offensive, vulgar, or infringes on someone’s intellectual property rights, or otherwise violates the law.
If you feel discrimination has occurred on Penny Sleeve, or you have been harassed or threatened by another member, let us know at firstname.lastname@example.org. If you find a listing on Penny Sleeve that you believe violates our Prohibited Items Policy or is otherwise inappropriate, please report the item to us at email@example.com.
Ground Rules for Sellers
Penny Sleeve is intended to be a marketplace for sports cards and related goods. Therefore, there are a number of items that are explicitly restricted on Penny Sleeve:
- 1.Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
- 2.Internationally Regulated Items
- 3.Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
- 4.Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
- 5.Animal Products and Human Remains
- 6.Hate Items: Items that Promote or Support Hatred
- 7.Pornography and Mature Content
- 8.Violent Items: Items that Promote or Support Violence
Items listed on Penny Sleeve are to be related to sports cards. This may include other sports memorabilia or trading card collectibles that have at least some relations to sports cards. For example, 1996-97 Upper Deck Space Jam cards would be considered acceptable to be posted on the Site, even though the cards feature scenes from a movie, the movie still has a sports theme. Some examples of items that are not on the explicitly restricted list but do not meet the spirit of the Site and this agreement are:
- Electronics such as cell phones, computers, or telephones
- Home and garden items such as appliances or lawn mowers
Items deemed not in the spirt of the Site may be removed by Penny Sleeve at our discretion.
Items are to be listed in a category that matches the item for sale. If you’re selling a 1989 Upper Deck Ken Griffey Jr rookie card, it should be listed in the Singles – Baseball category. If you’re selling a 2003 Topps Chrome LeBron James rookie card, it should be listed in the Singles – Basketball category. Listing in the appropriate category will make it easier for buyers to find your item and for a more pleasant shopping experience for all.
Item titles, subtitles, pictures and descriptions should be accurate and honest such that they properly represent the item available for sale. Adding irrelevant keywords or special characters in the title, subtitle or description of a listing in order to capture attention or manipulate the search feature is prohibited. Adding unrelated pictures to listings in order to get people to look at the listing in prohibited.
When listing an item for sale on Penny Sleeve, be sure to provide a clear, accurate description of the item for sale. Clearly state the condition of the item and show pictures of the actual item for sale whenever possible. Your listing should let the buyer know the payment methods you accept. Please state in your listing your item return policy so that buyers know the terms of their purchase. Finally, all listings should clearly state the price to be charged for shipping and an overview of the packaging methodology (i.e. one-touch holder in a bubble envelope or card saver inside a plain white envelope) and courier service to be used (i.e. USPS, UPS, FedEx, etc).
Items for sale on Penny Sleeve are to be available for shipping to the buyer at the time of sale. We do not allow items to be listed for which you are not the owner at the time of listing. Exclusions exist only for those items by which it is necessary to sell in advance. For example, pre-orders for items such as sealed cases or breaker slots, should explicitly state in the item listing when the item(s) will be made available to the prospective buyer. Furthermore, if you sell an item through a channel other than Penny Sleeve, please remove the item from your store at your earliest convenience so that the inventory available to buyers on the Site is as accurate as possible at all times.
Payments for items sold should be received within 15 minutes of selling an item. Otherwise, the seller is not obligated to complete the transaction. If payment is made after 15 minutes, and the seller decides not to complete the transaction, the seller must refund the full amount paid to the buyer within 3 business days.
Our feedback system helps give sellers confidence in buyers when considering whether or not to accept an offer on an item. Since feedback is so critical for our community members, you agree to leave feedback for buyers to the best of your ability based upon receipt of their payment and the quality of communication.
Ground Rules for Buyers
You agree to pay for items purchased by you, unless you have a valid reason as defined below:
- A clear typographical error has been made in the listing by the seller
- You cannot contact the seller
- The buyer and seller come to a mutual agreement to terminate the transaction
Payments to sellers are to be made within 15 minutes of purchasing an item. Otherwise, the seller is not obligated to complete the transaction. If payment is made after 15 minutes, and the seller decides not to complete the transaction, the seller must refund the full amount paid to the buyer within 3 business days.
Our feedback system helps give customers confidence in the seller when they make a purchase. Since feedback is so critical for our community members, you agree to leave feedback for sellers to the best of your ability based upon their fulfillment of your purchase, the timeliness of delivery, the accuracy of the listing, and the quality of communication from the seller.
Links to third party sites / Third party services
PennySleeve.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Penny Sleeve and Penny Sleeve is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Penny Sleeve is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Penny Sleeve of the site or any association with its operators.
Certain services made available via PennySleeve.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the PennySleeve.com domain, you hereby acknowledge and consent that Penny Sleeve may share such information and data with any third party with whom Penny Sleeve has a contractual relationship to provide the requested product, service or functionality on behalf of inventionhive.com users and customers.
No unlawful or prohibited use/Intellectual Property
Content included as part of the Service, such as Penny Sleeve graphics, logos, or images is the property of Penny Sleeve or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Penny Sleeve content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Penny Sleeve and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Penny Sleeve or our licensors except as expressly authorized by these Terms.
Content you post using our Services is your content (“Your Content”). This includes anything you post using our Services, like your store name, profile pictures, listing photos, listing descriptions, comments, etc. You understand you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
By posting Your Content using Penny Sleeve, you grant Penny Sleeve a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Penny Sleeve, your Penny Sleeve store, or Penny Sleeve Services in general, in any format and through any channels, including across any Penny Sleeve Services or third-party website or advertising medium.
Note that there are certain types of content we don’t want posted on Penny Sleeve’s Services (for legal reasons or otherwise). You agree you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of the Terms. You also agree not to post any content that is false and misleading or use the Services in a manner that is fraudulent or deceptive.
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. You may not sell anything that violates any laws. Don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Penny Sleeve, another Penny Sleeve user, or a third party.
Use of communication services
The Site may contain stores, item listings, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with an individual or group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Penny Sleeve has no obligation to monitor the Communication Services. However, Penny Sleeve reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Penny Sleeve reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Penny Sleeve reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Penny Sleeve’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Penny Sleeve does not control or endorse the content, messages or information found in any Communication Service and, therefore, Penny Sleeve specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
You accept PennySleeve.com “as-is” and choose to use it at your own risk. Despite the Ground Rules defined in the Terms, PennySleeve.com may contain inaccurate, inappropriate or offensive material, and we assume no responsibility or liability for such material.
Abuse of PennySleeve.com
We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off PennySleeve.com if we think they are not acting consistently with the Terms and Policies. We may terminate or suspend your account and your access to the Services at any time, for any reason, and without advanced notice. You do not have a contractual or legal right to continue to use Penny Sleeve Services. Penny Sleeve may refuse service to anyone, at any time, for any reason. Penny Sleeve is not liable to you for the effect that any changes to your account or to the Service may have on you, including your ability to generate revenue through the Services.
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Penny Sleeve may make improvements or changes in the site at any time.
To the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Penny Sleeve Services even if you advise us or we could reasonably foresee the possibility of any such damage occurring. If you are dissatisfied with any portion of this site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the site.
In giving the releases set forth in this Agreement, which include claims which may be unknown to you at present, you acknowledge that you have read and understand Section 1542 of the California Civil Code which reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. You hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to the releases granted herein, including but not limited to the release of unknown and unsuspected claims granted in this Agreement.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of fifty US dollars ($50) or the amount you paid Penny Sleeve in the past twelve months.
You agree to indemnify, defend and hold harmless Penny Sleeve, its owners, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to user the Penny Sleeve Services or the PennySleeve.com site, any user postings made by you, your violation of any the Terms in this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. You release Penny Sleeve from any claims, demands, and damages arising out of disputes with other users or parties. Penny Sleeve reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Penny Sleeve in asserting any available defenses.
The Service is controlled, operated and administered by Penny Sleeve from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Penny Sleeve Content accessed through PennySleeve.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Penny Sleeve agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Changes to Terms
Penny Sleeve reserves the right, in its sole discretion, to change the Terms under which PennySleeve.com is offered. The most current version of the Terms will supersede all previous versions. Penny Sleeve encourages you to periodically review the Terms to stay informed of our updates.
Effective as of February 28, 2018