Terms of Serivce

Introduction

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TCGHud.com., ITS PARTNERS, PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “TCGHud.com,” “WE,” “OUR,” OR “US”) HAS UPDATED THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY BEFORE USING OUR WEBSITE OR APPLICATION (INCLUDING BUT NOT LIMITED TO THE “TCGHud.com” APPLICATION) OR ANY OF OUR SERVICES AND COMMUNITY FEATURES (COLLECTIVELY REFERRED TO AS “TCGHud.com”). BY USING TCGHud.com, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY (WHICH ARE INCORPORATED HEREIN AND ARE COLLECTIVELY REFERRED TO AS “TCGHud.com POLICIES”), INCLUDING WITHOUT LIMITATION, THE ARBITRATION CLAUSE AND A CLASS ACTION WAIVER SET FORTH IN THESE TERMS AND CONDITIONS, WHICH AFFECT YOUR RIGHTS ON HOW TO RESOLVE DISPUTES WITH US.

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GENERAL INFORMATION

DEFINITIONS

User: A user is anyone who uses the TCGHud.com platform in any way. It includes but is not limited to Viewers, Streamers, and Developers.

Subscription: Recurring payment to a User through TCGHud.com using the Subscription functionality available on the Viewer Page.

TCGHud.com: Any and all services provided by TCGHud.com. under the TCGHud.com name and or brand. ‍

SECTION 1

1.1 Terms and Conditions Binding

The Terms and Conditions and all other obligations and rules detailed in writing in TCGHud.com (collectively, the "Terms and Conditions") are by and between TCGHud.com., its partners, parent companies, subsidiaries and affiliates, (each, "TCGHud.com," "TCGHud.com", "us," “our”, or "we") and everyone who uses TCGHud.com (each, "you," "user," or “streamer”). TCGHud.com and TCGHud.com will be used interchangeably throughout this document. By using TCGHud.com, creating an account, and/or participating in any service offered on or in TCGHud.com, you accept and agree to be bound by all terms, conditions and notices contained or referenced in TCGHud.com, including the most current version of the Terms and Conditions. We may modify the Terms and Conditions at any time and may make you aware of any material changes. However, your continued use of TCGHud.com at any times, including following such modifications whether you are aware of such modifications or not, signifies your acceptance of those modifications. In summary you are responsible for reviewing the Terms and Conditions periodically in order to stay aware of modifications.

1.2 Changes to TCGHud.com and/or Terms and Conditions

TCGHud.com reserves the right to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of TCGHud.com or these Terms and Conditions, in whole or in part, at any time without further notice. For changes to these Terms and Conditions that we deem material, we will place a notice on TCGHud.com by revising the link on the homepage to read substantially as “Updated Terms and Conditions” for an amount of time that we determine in our discretion. If you access or use TCGHud.com in any way after the Terms and Conditions have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms and Conditions will be available on TCGHud.com and will supersede all previous versions of these Terms and Conditions. By using TCGHud.com, creating an account, and/or using any service offered on or in TCGHud.com, you accept and agree to be bound by all terms, conditions and notices contained or referenced in TCGHud.com, including the most current version of the Terms and Conditions. If you do not agree with these Terms and Conditions or any subsequent update to the Terms and Conditions, you must not use TCGHud.com’s website, application, or any other services provided by TCGHud.com.

1.3 Privacy Notice

Please review our Privacy Notice found at https://www.TCGHud.com.co/privacy to understand our privacy practices and how they affect you.

ELIGIBILITY, OBLIGATIONS & CONDUCT

SECTION 2

2.1 Eligibility

2.1.1 United States and Canada.

To be eligible to register and open an account on TCGHud.com, you affirm that you: (a) are a person at least 13 years of age; (b) own the e-mail address submitted on your account registration form; (c) are not registered and do not have an existing account with us.

2.2 Location of Users

You are subject to all laws of the city, state, province, and country in which you are located when you access TCGHud.com. You are solely responsible for complying with those laws.

2.3 Prohibited Users

VOID WHERE PROHIBITED OR RESTRICTED BY LAW. You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in TCGHud.com’s sole judgment).

2.5 Information Required

Upon registering an account, you will be required to submit the following information: (i) an alias that will be your username; (ii) a password; and (iii) your e-mail address or alternatively some kind of login provided through OAuth services like Clerk. TCGHud.com reserves the right, in its sole discretion, to change, suspend and/or terminate aliases as TCGHud.com deems fit.

2.7 Recommended Devices, System Requirements and Configuration

For mobile devices, TCGHud.com recommends a minimum iOS 11 on Apple devices and at least 1 GB RAM availability. TCGHud.com recommends a minimum Nougat 24 OS version on Android devices and at least 1GB RAM availability.

For desktops and laptops,  TCGHud.com recommends a minimum of Windows 7 service pack 1 on Windows systems and a minimum of macOS 10.11 El Capitan for Apple systems. In all cases TCGHud.com recommends using the latest browser version of Chrome, FireFox or Edge, with automatic updates enabled.

2.8 Acknowledgment of Proprietary Rights

By registering for an account on TCGHud.com, you acknowledge that all information contained in TCGHud.com may be protected by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by TCGHud.com. TCGHud.com NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS DISPLAYED IN TCGHud.com WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. TCGHud.com ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF TCGHud.com. Any communication or material you transmit to TCGHud.com by electronic mail or otherwise, including any data, questions, comments, suggestions, etc. will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by TCGHud.com or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, TCGHud.com promotion, marketing and posting. TCGHud.com is free to use any ideas, concepts, know-how or techniques contained in any communication you send to TCGHud.com for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation to you. The trademarks, logos, and service marks (collectively the "Trademarks") displayed in TCGHud.com, are registered and unregistered Trademarks of TCGHud.com and/or others. Nothing contained in TCGHud.com should be construed as granting any license or right to use any Trademark displayed on the Site without the written permission of TCGHud.com or such third party that owns the Trademark. Your use of any Trademark displayed in TCGHud.com, except as provided in the Terms and Conditions, is strictly prohibited.

SERVICES

SECTION 3

3.1 Services offered

TCGHud.com provides an online service that utilizes Aritifical Intelligence to identify playing cards on screen and display relevant information regarding those playing cards and other objects. The results from AI may not be completely accurate and should not be used as a reliable source of information relating to card data.

By agreeing to these terms, you are also agreeing to YouTube’s Terms of Service (https://www.youtube.com/t/terms)

3.2 Limitations on Number of Accounts

You may establish only one account per person and only up to two accounts per device or IP or physical address, to utilize the services offered on TCGHud.com. Multiple accounts may not be created sharing the same name, email, bank account TCGHud.com reserves the right to monitor all activities on TCGHud.com, including any effort to establish multiple accounts. In the event TCGHud.com discovers that you have violated the number of accounts allowed, all additional accounts will be closed without notice and continued violation may result in the termination of any and all of your accounts and TCGHud.com may void any associated earnings. TCGHud.com further reserves the right to deny access to anyone, including, but not limited to, those users who use proxy servers and/or IP addresses residing in certain geographical areas.

3.3 Payment Processing

TCGHud.com may utilize Stripe and custom technology to accept credit card information, PayPal information, banking information, and other information relevant to processing transactions.

“THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

3.4 Fraud, Abuse, and Content Limitations

Fraud and abuse relating to the access and use of TCGHud.com is strictly prohibited. In accessing TCGHud.com or participating in any activities, products or services offered by or through TCGHud.com, you represent and warrant that: (a) all information you supply is complete and accurate and not in violation of any applicable laws, regulations or these Terms and Conditions; and (b) you will not circumvent or attempt to circumvent any provision of the Terms and Conditions or engage in any activity that interrupts or attempts to interrupt the operation of TCGHud.com. Users engaging, participating, or displaying behavior that may be interpreted, in TCGHud.com’s sole and absolute discretion, as the use of unfair methods in TCGHud.com, include but are not limited to:

(a) the opening and/or use of multiple accounts;

(b) Knowingly accepting from stolen or compromised bank accounts, credit cards, debit card, or any other payment method (i.e., “money laundering”);

(c) harassment of users;

(d) posting of objectionable material; Including excessive violence, hateful language, or pornographic content

(e) any breach of the Terms and Conditions or TCGHud.com Policies;

(f) any breach of the security of your account or TCGHud.com; or

(g) Use, produce, or display any content that is copyrighted, or in anyway, unlawful for commercial use.

(h) Any of the prohibited activity listed on Stripe (https://stripe.com/legal). Any violation of Stripe terms of use will be enforced on TCGHud.com.

(k) Any of the prohibited activity listed on Paypal (https://www.paypal.com/us/legalhub/acceptableuse-full). Any violation of Paypal’s Acceptable use policy will be enforced on TCGHud.com.

Engaging in any of the above or any similar behavior, while using any services on TCGHud.com, may subject you to immediate consequences (as determined by TCGHud.com in its sole and absolute discretion), including without limitation: (1) immediate termination of your account and blocking of TCGHud.com access; (2) forfeiture of earnings that you may otherwise have been entitled to receive; and (3) in the case suspected illegal activity, disclosure to the FBI or other relevant agencies in accordance with federal and state laws. In the investigation of an alleged Abuse, TCGHud.com may request additional information from you. You agree to provide all reasonable and relevant information as requested by TCGHud.com. Without limiting any provision of the Terms and Conditions, TCGHud.com expressly reserves the right to institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including the right to recover fees and expenses (including attorneys’ fees) and the right to report you and such Abuse to any and all relevant regulatory authorities or governmental agencies.

3.5 Disconnection and Malfunction

We, our affiliates, agents and licensors accept no responsibility and will not be liable for any loss resulting from delays or interruptions to play due to failure, breakdown, malfunction, interruption of or disconnection from the games server or any other causes over which we or they have no control.

3.6 Deactivation and Account Deletion for Dormant Users

A Dormant User is any user has not logged in for thirty-six (36) consecutive months (or such a shorter time as TCGHud.com may announce in advance from time to time by sending written notice to the applicable user(s) using the contact information associated with the inactive account). TCGHud.com reserves the right to deactivate any inactive account without notice. A user who has not logged into their account for thirty six (36) months If you leave any funds dormant in a Stripe Account and you do not give us instructions where to send them, we may be required by Law to deem the funds to be abandoned by you, and to deliver them to various government agencies. To the extent required by Law, we will attempt to provide you Notice if we hold funds payable to you in an account beyond the applicable dormancy period for abandoned property. If we are unable to contact you, we will treat the funds in your TCGHud.com Account to be abandoned, and will deliver them to the appropriate government authority.

At the time of account deactivation, TCGHud.com will delete or purge all personally identifiable information associated with your account. This may include, but is not limited to, username, email address, name, address, city, state, country postal or zip code, credit card or other payment information. TCGHud.com may elect to not delete or purge Dormant User accounts and associated information for accounts closed for fraud or other violations of these Terms and Conditions. TCGHud.com may further elect to not delete or purge information required to comply with local, state or federal law, including information required for tax reporting purposes.

3.7 Account Cancellation and Deletion

You may fully delete your TCGHud account wholly from the setting menu inside of TCGHud. Account deletions are final and permenant.

Alternatively you may cancel your account by contacting TCGHud.com at [email protected] Your account is not considered canceled until you have received confirmation of such cancellation from us.

If you do not agree to the terms of the TCGHud.com Policies, your sole remedy is to not use TCGHud.com and to cancel or delete your account. In some cases, cancellation of your account may be retracted by you, however, in other cases, cancellations may be permanent and not subject to retraction.

LIMITATION OF LIABILITY

SECTION 4

4.1 Unauthorized Charges

TCGHud.com is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with TCGHud.com. If you wish to dispute a charge to your account, you must do so within 180 days of the alleged unauthorized charge(s) otherwise such a dispute will be deemed waived by TCGHud.com. Upon notification of a disputed charge, TCGHud.com may conduct an investigation to determine the amount, if any, considered unauthorized. Attempts to defraud TCGHud.com through the use of credit cards or other methods of payment, or your failure to honor legitimate charges or requests for payments may result in immediate termination of your account, forfeiture of earnings and/or civil and/or criminal prosecution.

4.2 Hacking, Tampering, or Unauthorized Access

TCGHud.com is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of TCGHud.com or your account. You are responsible for the security of your account. If you give someone access to your account and they conduct a transaction without your knowledge or permission, you are responsible for any resulting use. Such transactions are not considered to be authorized by TCGHud.com.

Any attempt to gain unauthorized access to our systems or any account, interfere with procedures or performance of TCGHud.com, or deliberately causing damage to or undermining TCGHud.com, may subject you to civil and/or criminal prosecution and result in immediate termination of your account and forfeiture of any prizes.

4.3 Accounts for Individual Use Only

You are solely responsible for all obligations relating to your account and for compliance with these Terms and Conditions. You are entitled to all benefits accruing to you as a result of being the account holder. Your account is not transferable. By registering on TCGHud.com, you agree to indemnify, defend, and hold TCGHud.com harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.

4.4 TCGHud.com and Account Availability

TCGHud.com does not guarantee that TCGHud.com or access to your account will be available at all times and/or in all geographic locations. TCGHud.com is not liable for any loss which may be caused by your inability to access TCGHud.com or your account.

4.5 General

The app and website currently use proprietary software and systems.

4.6 Platform Suspension or Ban Liability

TCGHud.com is not liable for any damages, losses, or any other consequences that users may face, including suspensions or bans, from third-party platforms such as Twitch, Kick, YouTube, Trovo, and DLive. This includes, but is not limited to, circumstances where such actions are a result of user-generated content submitted through our Twitch extension/stream extension. Streamers are responsible for the content broadcasted through their streams using our services. TCGHud.com disclaims all liability in respect of such content and any actions taken by third-party platforms in response to such content.

GOVERNING LAW, DISPUTES, ARBITRATION

SECTION 5

5.1 Governing Law and Disputes

The Terms and Conditions will be governed and construed in accordance with the laws of the State of Delaware, irrespective of any principles of conflicts of law. By registering for an account and/or participating in any tournament or service offered on or in TCGHud.com, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any dispute shall be resolved pursuant to arbitration as set forth in these Terms and Conditions. To the extent any legal action arises from a dispute, that legal action shall proceed only in the state or federal courts located in Wilmington, Delaware, or as otherwise determined by us, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

5.2 Arbitration

You and TCGHud.com agree that any controversy or claim arising out of or relating to your use of TCGHud.com and its services shall be settled by arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Any dispute between You and TCGHud.com is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. Arbitration is more efficient for both you and TCGHud.com.

5.3 Class Action Waiver:

To the maximum extent permitted by applicable law, You and TCGHud.com agree to only bring Disputes in an individual capacity and shall not: seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these Terms and all other actions or arbitrations.

GENERAL PROVISIONS

SECTION 6

6.1 Indemnification

By using the TCGHud.com platform, you agree to indemnify, defend, and hold TCGHud.com harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person. Including damages or loss of income in relation to any Digital Goods.

6.2 Entire Agreement

The TCGHud.com Policies constitute the entire agreement between you and us pertaining to your participation in and with TCGHud.com and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the TCGHud.com Policies shall be deemed or shall constitute a waiver of any other provisions (whether or not similar), nor shall any waiver constitute a continuing waiver unless otherwise expressly provided. The TCGHud.com Policies cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with TCGHud.com. Nothing in this subsection will prevent us from modifying the terms of these Terms and Conditions and posting such modifications in TCGHud.com.

6.3 Severability

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.

6.4 Language

To the fullest extent permitted by law, the controlling language for these Terms and Conditions is English. It is the express wish of the parties that these Terms and Conditions and all related documents have been drawn up in English.