Last Updated: 17 January 2024
Welcome to LegendPackz. The ensuing Terms of Service ("Terms") constitute a legally binding agreement between Decyphr LLC ("Company", "we", "us", or "our"), and you, whether as a Consumer or a Merchant ("you" or "your"). These Terms exclusively govern your access to and use of the LegendPackz Product ("Product"), the LegendPackz Platform (“Platform”), and the LegendPackz Website (“Website”). By utilizing any of the aforementioned services, you agree to be bound by these Terms, which establish and delineate the legal framework within which the Company provides its services and you agree to interact with them. This document outlines the mutual rights, obligations, and limitations pertaining to all users of the Product, Platform, and Website.
"Consumer": Meaning any individual who purchases the Product, either directly from the Company or through a Merchant.
"Registered Consumer": Meaning any Consumer who has registered for an account on the Website or Platform.
"Merchant": Meaning any business entity or organization that is authorized by the Company to sell the Product, utilizing the Platform to reveal Product contents.
"Direct Transaction": Meaning a purchase transaction in which a Consumer buys the Product directly from the Company, facilitated through the Platform.
"Merchant Transaction": Meaning a purchase transaction where a Consumer buys the Product through a Merchant, with the Merchant using the Platform to reveal the Product contents to the Consumer.
"Website": Meaning the online domain legendpackz.com where Consumers and Merchants can learn about LegendPackz, register for accounts, purchase the Product, and access the Platform. The Website serves as the primary digital gateway to our Product, Platform and services, and offers features such as product information and contact resources, and the Company’s storefront.
"Content Reveal": Meaning the process through which the contents of the purchased Product are made known to the Consumer. This can occur either through the Platform directly for direct transactions, or through a live-stream or similar mechanism facilitated by the Merchant for merchant transactions.
"Virtual Mystery Box": Meaning a virtually represented product bundle offered by the Company, whose contents are unknown at the time of purchase and revealed post-purchase, containing a variety of contents, including physical items and/or digital coupons.
"Probabilistic Process": Meaning the fair and randomized mechanism used by the Company to determine the specific contents of each Product, governed by predetermined probability for each possible item’s inclusion.
By purchasing the Product, either by direct transaction or merchant transaction, the Consumer agrees to abide by these Terms. If the Consumer does not agree with these Terms in their entirety, they must not use the Product.
By listing, selling, or otherwise engaging in the distribution of the Product, through any sales channel ("Activity"), Merchant acknowledges and agrees to abide by these Terms of Service. If Merchant does not agree with these Terms of Service in their entirety, such Merchant is prohibited from conducting any Activity. Any violation of these Terms of Service may result in immediate termination of a Merchant’s rights and privileges as a Merchant, at the sole discretion of the Company.
The term "Product" refers to the virtual mystery boxes marketed under the brand name 'LegendPackz.' Each Product is a curated assortment of items, primarily including but not limited to, physical booster packs and boxes of trading cards, third-party graded individual trading cards (e.g., by PSA or CGC), and digital coupons. The specific contents of each Product are unknown to the Consumer at the point of purchase and are determined through a fair and randomized process, using a probabilistic model with pre-defined probabilities for each possible item’s inclusion.
Each Product's store listing on the LegendPackz Website provides detailed information about the potential contents, including a comprehensive breakdown of the probabilities and monetary values of each possible item. Additionally, the Company offers a Free Test feature on the Website as detailed in clause 3.5 which enables the Consumer to engage with the Product prior to purchase. This detailed information aims to support the Consumer in making an informed consent purchase decision.
It is important to note that the Product is a unique offering of Decyphr LLC, and it is distinct in nature from the Website and Platform used for its purchase and the subsequent content reveal. The Consumer is strongly encouraged to thoroughly review the product descriptions and probabilities, and to make use of the Free Test feature before making a purchase to understand the probabilistic mystery nature of the Product they are buying.
The Platform, a proprietary web browser tool owned and operated by the Company, facilitates the content reveal of the LegendPackz Product. The Platform is the interface through which the Consumer and the Merchant interact with the Product. For direct transactions made by the Consumer from the Company, the Platform provides a unique link sent through email to reveal the Product contents. For merchant transactions made by Consumers from the Merchant, the Merchant uses the Platform’s features for revealing Product contents to the Consumers, in accordance with the Merchant Policies outlined in clause 2. The Platform serves as the digital environment for all interactions, and operations related to the LegendPackz Product but is separate from the Product itself.
Any business entity or organization wishing to become a Merchant must directly contact the Company for authorization to facilitate merchant transactions. The authorization process will be conducted at the sole discretion of the Company, and may involve reviewing the prospective Merchant's business practices, reputation, compliance with laws and regulations, and any other factors the Company deems relevant. The Company reserves the right to approve or reject any Merchant application for any reason. The Company also reserves the right to revoke Merchant authorization at any time, at its sole discretion, particularly in cases of non-compliance with these Terms or any applicable laws and regulations.
Merchant is granted a non-exclusive, limited, revocable, terminable, non-assignable and non-sublicensable license to use the Platform, solely for the purpose of revealing Product contents for merchant transactions. Such license shall automatically expire upon the revocation, termination, or expiry of the Merchant’s authorization.
Merchant is responsible for the storage, sale, and reveal of all Product and its contents, sold through the Merchant’s storefront. Merchant is obligated to use the Platform to reveal Product contents and must handle shipment of any revealed physical items to the Consumers. Merchant’s actions and obligations are subject to these Terms, and any violation may result in the termination of their Merchant authorization and privileges.
For merchant transactions, Merchant is required to conduct the reveal procedure in a manner that is visible and transparent to the Consumers. This could include but is not limited to live-streaming the reveal process. Merchant must ensure that all actions related to the reveal of the Product contents are clear, comprehensible, and fair. Failure to adhere to this transparency requirement may result in immediate termination of Merchant's rights and privileges, at the sole discretion of the Company.
Merchant is required to include these Terms in the description of the Product in all store listings or displays in their storefront, and shall include an overview of complete Product contents and their probabilities. Failure to comply with these requirements may result in termination of the Merchant's authorization to sell the Product.
Merchant is only permitted to facilitate merchant transactions in jurisdictions where the sale of the Product is legal. Merchant is prohibited from selling the Product in any jurisdiction where it is illegal to do so. It is the sole responsibility of the Merchant to ensure that their sale of the Product complies with all applicable laws and regulations of their jurisdiction. The Company will not be held liable for any Merchant's failure to comply with the laws and regulations of their jurisdiction. Violation of this clause may result in immediate termination of the Merchant's authorization and privileges under these Terms, at the sole discretion of the Company.
All sales of the Product made by direct transaction are final and non-returnable. Due to the nature of the Product, where contents are revealed only after purchase, returns or exchanges are not supported. The Consumer is strongly encouraged to review the Product description and probabilities of item inclusions, and to make use of the Free Test feature as detailed in clause 3.5, before making a purchase. The purchase of the Product is facilitated through a Merchant or directly from the Company. The prices and contents of the Product, determined by the Company, may vary according to the specific Product and its potential contents. All conditions stated in this clause apply equally to purchases made by direct transaction or merchant transaction.
Your agreement to these terms is indicated by your purchase of the Product. Please review the information provided in the Product listing before completing your purchase.
The LegendPackz Product, Platform, and Website is intended and made available solely for individuals aged 18 years or older. By purchasing the Product, the Consumer affirms and warrants that they are at least 18 years of age. The Company reserves the right to request proof of age and to deny service to any Consumer who does not meet this age requirement.
The availability and use of the LegendPackz Product, Platform, and Website are limited to jurisdictions in the United States where such products are legal. By purchasing the Product, the Consumer represents and warrants that they are residents of a jurisdiction where the sale, purchase, and use of the Product, Platform, and Website are legal under local laws and regulations. The Company disclaims any responsibility or liability for verifying the legality of the Product in each Consumer's jurisdiction. It is the Consumer's responsibility to ensure that their purchase and use of the Product comply with local laws and regulations. The Company reserves the right to restrict or deny access to the Product, Platform, and Website in any jurisdiction where their use is not permitted by law.
Upon purchase of the Product, the Company grants the Consumer a non-exclusive, limited, revocable, terminable, personal, non-assignable and non-sublicensable license to use the Platform, solely for the purpose of revealing Product contents, in strict accordance with these Terms. Such license shall automatically expire upon the reveal of the purchased Product by the Consumer. Except as set forth in the immediately preceding sentence, all right, title, and interest in and to the Product, Platform, and Website (and all elements thereof), including all modifications, improvements, and enhancements made thereto, and all copyrights, patents, trademarks, trade secrets, intellectual property rights, and other proprietary rights related therein, shall be and remain the Company’s sole and exclusive property. We reserve all rights not expressly granted in this clause 3.4. Any unauthorized use of the Company’s intellectual property is strictly prohibited.
To ensure transparency and the Consumer’s informed consent, the Company offers a feature on its Website that allows the Consumer to engage with the Product and Platform prior to purchase, providing a clear understanding of the Product's probabilistic mystery nature.
In the event that the Company is unable to source a specific item obtained by the Consumer through the reveal of a Product purchased by direct transaction, due to unavailability or other extenuating circumstances, the Company shall offer an alternative method of fulfillment. This alternative fulfillment will be either:
The Consumer shall be promptly notified of the unavailability of the original item and must choose between the store credit or a substitute item within 7 calendar days from the date of notification. Failure to respond within this period will result in the automatic provision of store credit to the Consumer.
If a Consumer reveals a duplicate third-party graded individual trading card ("Graded Card") during a direct transaction, they may request to swap it for store credit ("Swap Request"). To initiate a Swap Request, the Consumer must email the Company at hello@legendpackz.com within 24 hours of the Product's content reveal. The email's subject line must state "Swap Request", and the email's body must include both the order reference number and the name of the duplicate Graded Card.
The Company reserves the right to modify the terms and availability of this swap option at any time. Any such changes will be communicated in accordance with clause 9.1.
For all Products sold under the LegendPackz brand, the definitive identification of contents within the Product is based solely on the item’s name and associated identification code as revealed in the LegendPackz Platform's user interface (UI). Images used to represent the items, including but not limited to pictures of third-party graded individual trading cards or other items, are for illustrative purposes only and may not accurately reflect the specific version or edition of the item. The Company is not liable for any discrepancies or errors in these images. The Consumer is advised to rely on the item name, and in the case of third-party graded individual trading cards the card’s identification code, as the record and source of truth for the contents of their purchased Product.
Your privacy is important to us. By using our Product, Platform, or Website, you consent to the collection, use, and sharing of your personal information as described below.
We collect information like your name, email address, postal address, and payment information when necessary to provide and improve our Product, Platform, and Website. We also collect data related to your usage of our Product, Platform, and Website. Your information is primarily used for transaction processing, customer service, business operations, and improvement of our Product, Platform, and Website. We do not sell or rent your information to third parties but may share it with service providers assisting in these activities, under strict confidentiality obligations.
We use reasonable measures to protect your information from unauthorized access, theft, and loss, but cannot guarantee absolute security. In the event of a data breach, we will notify affected individuals promptly and in accordance with applicable laws. We will take immediate steps to mitigate any harm and improve our data protection measures. We may use cookies and similar technologies to enhance your experience and serve you relevant content. This Privacy Clause may be updated from time to time. Your continued use of the Product, Platform, or Website after any updates indicates your acceptance of the changes.
Depending on your location, you may have certain rights regarding your information. To exercise these rights, please contact us at hello@legendpackz.com. This Privacy Clause shall survive the termination or expiration of these Terms.
All purchases of the Product made by direct transaction with the Company are final and non-refundable. Due to the nature of the Product, where contents are revealed only after purchase, refunds are not supported. Exceptions to this policy will be made only as required by law or as expressly stated in these Terms.
For merchant transactions, refunds are governed by the individual Merchant's policy. The Consumer should refer to the refund policy provided by the Merchant. The Company is not responsible for and shall not be liable for any refund policies or practices of any Merchant.
This refund policy clause may be updated periodically. Changes will be communicated to Merchants and Registered Consumers through email, and posted on the Company's website at legendpackz.com/terms-of-service. Your continued use of the Product, Platform, or Website following any updates to this clause constitutes your acceptance of these changes.
In the event of the Consumer receiving physical Product contents whose condition is not as warranted at the time of sale, the Consumer must notify the Company through email at hello@legendpackz.com within 7 days of receipt. The notification must include detailed photographic or video evidence of the Product content's condition upon arrival. Upon receipt of such a claim, the Company will initiate an investigation into the matter. If the Company determines that the Product was indeed delivered in a condition inferior to that promised at the time of sale, appropriate remedial action, which may include replacement or refund, will be taken at the Company's discretion. This clause does not apply to issues attributable to the shipping carrier or any damage occurring post-delivery. The Company reserves the right to reject any claims that do not meet these requirements or that are deemed fraudulent.
This document and the services of Decyphr LLC under the LegendPackz brand are independent of and not officially affiliated with, endorsed by, or connected to any other company, agency, or government entity. All product names, logos, brands, service names, designs, slogans, trademarks, and registered trademarks such as 'Pokémon' (The Pokémon Company International), 'CGC' (Certified Guaranty Company, LLC), and 'PSA' (Professional Sports Authenticator, a division of Collectors Holdings, Inc.) used in conjunction with our services are the property of their respective owners. The use of these names does not imply any affiliation with or endorsement by these trademark owners.
References to any trademarks or names are used solely for identification and clarification purposes, without any intent to infringe upon the proprietary rights of the trademark owners. All other trademarks cited herein are the property of their respective owners and are acknowledged as such.
The Company provides no guarantee or warranty as to the monetary value, rarity, or desirability of the items contained within each Product sold under the 'LegendPackz' brand. The probabilistic process used to determine each Product’s contents is conducted fairly and in accordance with pre-established probabilities, which are available for review in each product listing. The Consumer acknowledges and accepts that the perceived value or utility of the contents received is subjective and may vary. The Consumer is strongly encouraged to make use of the Free Test feature as detailed in clause 3.5 to inform their understanding of the probabilistic process and each Product’s content value. The Company disclaims all liability for any disappointment or perceived loss of value on the part of the Consumer regarding the contents of the purchased Product.
The Company provides the Product, Platform, and Website on an "as is" and "as available" basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Product, Platform, or Website; (ii) any conduct or content of any third party on the Product, Platform, or Website; (iii) any content obtained from the Product, Platform, or Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not the Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. This General Liability Disclaimer clause shall survive the termination or expiration of these Terms.
The Company is not responsible for any defects, issues, or shortcomings with any of the physical items contained within the Product that are caused by or during the item’s manufacture. This includes, but is not limited to, defective trading card prints, incorrect or faulty packaging, or errors in product description or specifications.
Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, whether express or implied, will be the sole responsibility of the item’s manufacturer or the entity responsible for such defects. The Consumer is advised to direct their claims related to manufacturing defects to the respective manufacturer or responsible entity.
The Company shall not be held liable for any such defects and the Consumer’s recourse shall be limited to seeking remedies directly from the manufacturers or responsible entities. This Product Defect Liability Limitation clause shall survive the termination or expiration of these Terms.
To the fullest extent permitted by law, the Company will not be liable for any damages or losses, including but not limited to direct, indirect, incidental, punitive, and consequential damages, resulting from or arising out of the actions, inactions, errors, or omissions of a Merchant. This includes, but is not limited to, mishandling of the Product, misrepresentation, unauthorized activities, and failure to comply with these Terms. The Company is not responsible for the acts or omissions of any Merchant, and interaction with a Merchant by the Consumer is at their own risk.
For merchant transactions, once Merchant has revealed Product contents, the Merchant remains responsible for the successful delivery of the Product. Any issues, defects, or damages that arise after dispatch, including during transportation, will be the responsibility of the Merchant to address and rectify. Merchant may not make any warranties, representations, or promises on behalf of the Company, and the Company shall not be held liable for any such warranties, representations, or promises made by a Merchant.
For direct transactions, the Company's liability for the Product ends upon the successful delivery of the Product to the Consumer's specified address, as confirmed by the delivery service. The Company is not responsible for any loss, damage, or theft of the Product after this delivery confirmation. The Consumer is encouraged to ensure secure delivery arrangements.
The Merchant represents and warrants that all information provided to Consumers in relation to their sales of the Product is accurate and true to the best of their knowledge. The Merchant shall be solely responsible for any claims arising out of misrepresentations, inaccuracies, or false advertising related to its sale of the Product.
Merchants and Registered Consumers (for this clause referred to collectively as "users", and individually as “user”) are provided accounts to access and use the Platform. Users are responsible for maintaining the confidentiality of their account information, including their passwords, and are accountable for all activities conducted through their accounts. Users must ensure that the content they provide using their accounts is lawful and in compliance with applicable laws, rules, and regulations. Users must not utilize their accounts in ways that could be harmful to others, the operation of the Platform, or the Company's reputation.
It is strictly prohibited for any user to use automated means such as robots, spiders, scrapers, or similar technologies to access, monitor, download, or utilize data or services on the Platform. Unauthorized access attempts, including but not limited to hacking, password mining, or other forms of cyber intrusion, are forbidden. Users must refrain from any activities that could interfere with the operation of the Platform, including denial of service attacks or distribution of harmful code.
Users must immediately report to the Company any instances of unauthorized use of their accounts or any security breaches they become aware of. The Company reserves the right to disable, suspend, or delete any user account at any time if it is determined that the user has violated any provisions of these Terms, provided false information during the account creation or authorization process, or engaged in conduct detrimental to the Company's reputation and goodwill.
You as a Consumer or Merchant agree to indemnify, defend and hold harmless the Company and all subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third-party. This indemnification obligation shall survive the termination or expiration of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of laws rules, and applicable federal law of the United States.
Any dispute arising from or relating to these Terms, the Product, the Platform, or the Website, the parties shall first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved by negotiation within 30 days, it shall then be resolved through final and binding arbitration, conducted by a single neutral arbitrator and administered by the American Arbitration Association or a similar arbitration service selected by the parties, conducted remotely or in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. All negotiations in the dispute resolution process are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable laws of evidence.
In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, 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 or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. 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.
Any court or arbitration proceedings between the Company and the Consumer shall only address the individual dispute between the parties involved. Consistent with the maximum extent permitted by applicable law: (1) no proceedings shall be consolidated with any other; (2) no party may arbitrate or resolve disputes under this agreement on a class-action basis or using class action procedures; and (3) no party may bring a dispute in a representative capacity or on behalf of the public or any other persons.
We may revise these Terms from time to time, and the most current version will always be posted on our website at legendpackz.com/terms-of-service. Merchants and Registered Customers will be notified of any amendments to these Terms through email to their registered addresses.
Your continued use of the Product, Platform, or Website following the posting of revised Terms indicates your acceptance of the changes.
The Company reserves the right to modify, suspend, or discontinue any aspect of the Product, Platform, or Website at its discretion. We will endeavor to provide reasonable notice of significant changes to our services.
The Company reserves the right to terminate this agreement and the Consumer or Merchant's access to the Product under the following conditions:
The Company may, at its sole discretion, provide notice of termination under the conditions above. However, failure to provide notice in no way diminishes the Company's right to terminate this agreement.
Notwithstanding the termination or expiration of these Terms, certain provisions of these Terms shall continue in effect. Clauses relating to intellectual property rights, indemnification, liability limitations, dispute resolution, and any rights or obligations of the parties that by their nature should continue beyond the termination of these Terms will survive any termination or expiration of these Terms.
Neither of the parties will be liable for any failure or delay in performing any of its obligations under these Terms if such failure or delay is caused by events beyond the party's reasonable control, such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, or shortages of transportation, facilities, fuel, energy, labor, or materials. In the event of such a delay, the time for performance will be extended for a period equal to the duration of the event that caused the delay.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision will be modified to the extent necessary to make it enforceable, and the remaining provisions of these Terms will continue in full force and effect.
No failure or delay by a party in exercising any right, power or remedy under these Terms will operate as a waiver of any such right, power or remedy. A waiver by a party of any breach of these Terms will not constitute a waiver of any subsequent breach.
If you have any questions about these Terms, Product, Platform, or Website, please contact us at hello@legendpackz.com.
These Terms constitute the entire agreement between you as a Consumer or Merchant and the Company regarding the use of the Product, Platform, and Website, and supersede all prior written or oral agreements.