Terms of Service & Shipping Policy
Agreement to Terms
By using BayAreaBreaks.com or its related sites and pages (hereafter referred to as BayAreaBreaks), you are agreeing to abide by the following terms. Even though they may change from time to time, your continued use of the websites implies that you accept the responsibility of knowing and following the terms contained herein. We make no assertions that product will attain future value.
Your Account with BayAreaBreaks
You must be at least 18 years old to buy or sell on BayAreaBreaks.com and affiliated websites. BayAreaBreaks does sell products that are for ages 13 and up, but it sells them to adults 18 years and older who can purchase with a credit card or other permitted payment method. If you are under 18, you may only use BayAreaBreaks with the monitoring of a parent or guardian.
You must be honest with us. All the information you provide must be accurate. It’s unacceptable to use false information or impersonate another person or store using your account.
You must choose an appropriate name. If you decide not to have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights or otherwise violates our Terms of Service. The same applies to your seller name. If you choose a seller name that is offensive, vulgar or infringes someone’s intellectual property rights, you will be asked by BayAreaBreaks to choose a new name or have your account suspended.
You are responsible for your account information. If you create an account to be used in conjunction with BayAreaBreaks services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You also agree to accept responsibility for all activities that occur under your account or password, including being held liable for any payments due on purchases made under your account.
You agree that you aren’t using our platform to break the law. You agree that you will not violate any laws in connection with your use of the BayAreaBreaks platform. This includes any local, state, federal and international laws that may apply to you. For example, as a seller, it’s your responsibility to obtain any permits or licenses that your store requires. You agree that you will not engage in fraud, theft, anti-competitive conduct, threatening conduct or any other unlawful acts or crimes against BayAreaBreaks, another BayAreaBreaks user or a third party.
Products and Pricing
BayAreaBreaks tries to be as accurate as possible in all aspects of card pricing and product availability. However, BayAreaBreaks does not guarantee that product listings, prices, descriptions, available quantities, shipping times or release dates are accurate, complete, reliable, current or error-free. If a product you purchase from BayAreaBreaks is not as described, your recourse is to return it or request a partial refund by working with our Customer Service Team. The details of how to resolve such a dispute can be found here.
Unless otherwise noted, the price displayed for products from any individual seller on BayAreaBreaks represents the current price for that product, not including any shipping charges, taxes or processing fees that may be required.
In regard to items sold through BayAreaBreaks Direct, we cannot confirm the available quantity of items in our inventory until you proceed to checkout. At that point, the shopping cart will alert you if we are unable to ship a card and will explain which cards will be shipped from individual sellers instead of BayAreaBreaks. You will have the opportunity to select different cards, quantities or conditions to remedy this before checkout is completed.
Your credit card or PayPal account will be charged as soon as you submit your order. Certain factors may trigger an authorization challenge, in which you may be asked to confirm a small refund amount on your account or supply a phone number that we may use to contact you to confirm your identity. In these cases, you will still be charged for your order. If you fail the authorization challenge, your payment will be returned to you within 10 business days. If you pass the authorization challenge, your order will be processed as normal.
Copyright, Patents, Trademarks and Licenses
All of the content found on BayAreaBreaks.com and websites under the BayAreaBreaks.com domain, including graphics, text, buttons, logos, video, audio, downloadable files, pricing information and card databases, are the property of BayAreaBreaks, Inc. and protected by United States and international copyright laws.
Additionally, graphics, logos, page headers and button icons are trademarks or trade dress of BayAreaBreaks in the United States and other countries. This material may not be used in connection with any service or product outside of BayAreaBreaks without express written permission, especially in a situation likely to cause confusion among customers.
Other trademarks, graphics and logos may appear on BayAreaBreaks, but not be owned by BayAreaBreaks, including but not limited to graphics and logos for:
Magic: The Gathering
Star Wars: Destiny
These materials are the property of their respective owners who may or may not be connected to or affiliated directly with BayAreaBreaks.
You agree not to crawl, scrape or spider any of our websites without express permission from us. If you want access to our APIs, please visit our Developer Portal.
We love ideas and feedback and encourage you to share your opinions with us, as it can help us improve your experience and our services. However, any unsolicited ideas and feedback you send to us are considered non-confidential and non-proprietary to you. We may publish those ideas and feedback for any purpose without compensation or credit.
Web Services, Applications and APIs
BayAreaBreaks can supply you with pre-built APIs for use in your website or application upon request. To learn more about taking advantage of our APIs, please visit our Developer Portal.
BayAreaBreaks provides APIs for the development of apps using our data to create third-party services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own Terms of Service. BayAreaBreaks is not a party to those agreements. They are solely between you and the third party.
BayAreaBreaks is a Community for All. We expect all BayAreaBreaks visitors to abide by our Community Guidelines, whether they are a buyer, a seller or just passing through to read content, watch videos or research prices. Refer to our Community Guidelines for more information.
In regard to products or content that you post directly to the BayAreaBreaks Marketplace (for example, a listing with photos), you agree to refrain from using photos, descriptions or other images or text that are offensive, vulgar, pornographic or otherwise violate our Community Guidelines.
Risks and Liabilities
Items purchased from individual sellers on BayAreaBreaks will be shipped by those sellers and will be the seller’s responsibility until delivery is confirmed.
Items purchased within BayAreaBreaks Direct will be shipped by BayAreaBreaks and will be the responsibility of BayAreaBreaks until delivery is confirmed.
In the event of a dispute regarding the delivery of your products, you must contact either the individual seller or BayAreaBreaks Customer Service. For more information about resolving disputes, refer to the Disputes section of this Terms of Service, along with our Buyer Safeguard.
Limitation of Liability
BayAreaBreaks and all information, content, materials, products and services (including BayAreaBreaks Direct) are provided on an “as is” and “as available” basis unless otherwise specified in writing. BayAreaBreaks makes no representations or warranties of any kind, expressed or implied, as to the performance or operation of BayAreaBreaks services or the information, content, materials or products made available to you by using the site. You expressly agree that your use of BayAreaBreaks is at your sole risk.
To the maximum extent allowed by relevant and applicable law, BayAreaBreaks disclaims all warranties. Specifically, BayAreaBreaks does not warrant that the BayAreaBreaks services, apps, servers or electronic communications are free of viruses or other harmful components. Furthermore, BayAreaBreaks will not be liable for any damages or loss caused by the use of BayAreaBreaks or from its information, content, materials or products.
Some state laws do not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions and limitations may not apply to you, and you may have additional rights provided by the laws of your state.
BayAreaBreaks does not make any warranties with respect to your gift card balance. You are solely responsible for any unauthorized access to, or alteration, theft or destruction of a gift card code that results from any action by you or a third party. If your gift card has been reported lost or stolen or we believe your gift card is being used suspiciously, fraudulently or in an otherwise unauthorized manner, we may suspend or prohibit use of your gift card. If your gift card code stops working, you may reach out to our Customer Service Team and we may choose at our sole discretion whether or not to issue you a replacement gift card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Disputes Between Buyers and Sellers
Because BayAreaBreaks is not directly involved with transactions between buyers and sellers, you agree to release BayAreaBreaks from claims, demands and damages related to transaction disputes. If a dispute arises, buyers and sellers are expected to deal with each other to come to a resolution. At times, BayAreaBreaks Customer Service may step in to mediate disputes between buyers and sellers on our platform. During mediation, BayAreaBreaks Customer Service may apply full or partial refunds to resolve disagreements. However, any and all refunds are at the discretion of BayAreaBreaks.
Disputes with BayAreaBreaks
Any claim against BayAreaBreaks in relation to our Marketplace shall be adjudicated in a court in Onondaga County, New York and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by New York law without regard to conflict of laws and principles thereof.
If you decide to terminate your account or your account is terminated by us, the Terms of Service will remain in effect even after your access to our platform is terminated or your use of our services ends.
Termination by You
Termination by BayAreaBreaks
BayAreaBreaks reserves the right to terminate a user’s participation in the Marketplace and other BayAreaBreaks services at any time for any reason at its sole discretion, with or without notice to the user. Violation of our Terms of Services may result in a termination by BayAreaBreaks. BayAreaBreaks reserves the right to monitor user accounts to determine if policies or laws are being broken. BayAreaBreaks reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties.
If your account is terminated or we discontinue a service or your access to that service, we will not be liable to you for the effect that any changes to our services have on you, including your income or ability to generate revenue through those services.
Any questions regarding these Terms of Service may be sent directly to our Customer Service Team via electronic mail at the following address: firstname.lastname@example.org