Terms & Conditions
Updated April 2, 2021
Kraken Sports Cards may amend these Terms at any time by posting a revised version of the Terms on the Kraken Sports Cards Website and a notice near the legal terms link. Kraken Sports Cards will also update the Revision Date at the start of these Terms. Any such modifications will become effective upon the date they are first posted to this Website. By continuing to access the Website after the revised terms become effective, you agree to be bound to the revised terms.
Kraken Sports Cards (“Kraken Sports Cards”, “we”, “us” and “our”) provides the website krakensportscards.com (the “Website”) to give you information about us and our products and to allow you the opportunity to order products directly from the Website. Please be aware, however, that your use of this Website and all product orders are subject to the following terms and conditions (the “Terms”). If you do not agree to these Terms, then please do not use the Website or order products.
Orders, Payments, and Shipping
You understand and agree to following terms and conditions in placing any order on or through the Website:
- Prices do not include federal, state, local or excise taxes.
- Prices are subject to change without notice.
- We reserve the right to discontinue the manufacture of any product or service at any time and without notice. We reserve the right to modify any product or service without the consideration of compatibility of previously manufactured products.
- When you submit your order, you authorize Kraken Sports Cards to charge your credit card.
- All orders placed through the Website are subject to our acceptance.
- All shipments are shipped Ex Works Kraken Sports Cards' place of business. Title to the products and risk of loss pass to you upon delivery to carrier at the shipping point, regardless of any provisions for payment of freight or insurance and the form of shipping documents.
- Prices do not include shipping or handling costs, transport insurance, levies, or charges of any authorities.
- We retain the right to drop ship products directly from our manufacturer or supplier when doing so reduces either the cost or delivery time and to ship products on our preferred carrier.
- Insurance will not be placed on any order unless specifically requested by you.
- All sales are final, unless a product does not conform to your order due to our error.
- You have three days in which to reject a product that is nonconforming. Products not rejected within three days will be deemed to be accepted by you on delivery as received in good condition accordance with these Terms.
- We will remake your product if we make any error and you notify us of the error within three days of delivery.
- We may ask that you return the damaged/wrong product. Shipping charges are not refundable.
- We will try to fix or replace your product as quick as possible.
Break Mat Proofs
- You can order a proof made beforship a mat for you.
- The time it takes us to provide a proof will vary depending on our workload.
- It is your responsibility to review your proof and approve it.
- Due to variations of monitors/screens we cannot guarantee a color match.
- Color discrepancy is not a valid return reason.
Artwork and Designs
- With respect to any content you submit or make available to Kraken Sports Cards or the Website, including but not limited to artwork, designs, blog postings and comments, pictures, videos and other content, you grant, and warrant that you have the right to grant, to Kraken Sports Cards a perpetual, irrevocable, worldwide, royalty-free, transferable, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works of, commercialize and sub-license such content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you as part of and for the sole purpose of producing your product order. Such content is not confidential. (We will only use this granted license to produce your order you sent us. We won't reproduce your order ever without your consent.)
- You represent and warrant that any content you provide does not include anything to which you do not have the full right to grant such a license to us.
- We take no responsibility and assume no liability for your content, including without limitation, any loss or damage to your content.
- Please keep your own copy of your content, we are not responsible for loss or damage of it.
- You agree not to upload any files consisting of the following: material that could give rise to any civil or criminal liability; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights.
- Please refrain from uploading anything that contains content that defames or vilifies any person, people, race, religion or religious group and/or is obscene, pornographic, indecent, harassing, threatening, harmful, depictions of graphic violence real or otherwise, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
Break Mat Production Time
- We start making your mat(s) as soon as we receive the order and payment.
- We are closed Saturdays, Sundays & during our internally determined holiday schedule. These days are not considered when calculating production time.
- Production time does not include shipping transit time.
Account and Usage Requirements
- You must set up an account to place orders through this Website.
- You must be of legal age to use our site, which is 18 years of age in most places.
- You must provide a valid email address and any other information requested by us to complete your order.
- You are responsible for maintaining the security of your account and password. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
- You are responsible for all content posted and activity that occurs under your account.
You agree to indemnify, defend, and hold harmless Kraken Sports Cards, its officers, directors, employees and agents, from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to use of the Website, violation of these Terms or the License Agreement, violation of any law or regulation (including but not limited to copyright, trademark, trade secret laws and regulations), or violation of any proprietary or privacy right (including but not limited to libel and publicity rights) by you and persons under your control, direction or authority.
Limitation of Liability
IN NO EVENT WILL KRAKEN SPORTS CARDS BE LIABLE TO YOU OR ANY OTHER PARTY FOR PROCUREMENT COSTS, LOSS OF PROFITS, LOSS OF USE, OR FOR ANY OTHER INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES OR FOR CONTRIBUTION OR INDEMNITY CLAIMS, HOWEVER CAUSED. KRAKEN SPORTS CARDS’ LIABILITY SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID TO KRAKEN SPORTS CARDS BY YOU FOR THE PRODUCTS. THESE LIMITATIONS WILL APPLY TO ALL CLAIMS, INCLUDING WITHOUT LIMITATION WARRANTY, CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
Copyright and Trademark Policy
Kraken Sports Cards respects the intellectual property rights of others. If you believe that your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement or that the unauthorized use of your trademark has appeared on or through the Website, then please contact us and provide the following information:
- A description of the copyrighted work that you believe has been infringed;
- A description of what the allegedly infringing work is;
- A description of the location where the allegedly infringing work is located on the Website;
- An address and telephone number where you can be contacted, including an email address if possible;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent or the law;
- A physical or electronic signature of a person authorized to act on behalf of the copyright or trademark owner; and
- A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright or trademark owner.
These Terms shall be governed by the laws of the State of Oregon, without giving effect to its conflict of laws provisions. This is the case regardless of whether you reside or transact business with Kraken Sports Cards in Oregon or elsewhere. Any dispute, claim or controversy between the parties relating to payment or performance of these Terms (excluding indemnity and intellectual property infringement claims which shall be subject to resolution in the courts) shall be resolved exclusively by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, by one (1) arbitrator appointed in accordance with such rules. Judgment on the award rendered by the arbitrators may be entered into any court of competent jurisdiction. For any claim excluded from arbitration or otherwise subject to jurisdiction of the courts, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Marion and Multnomah Counties, Oregon. The prevailing party in arbitration or litigation hereunder will be entitled to recover all reasonable attorneys' fees and other expenses (in addition to statutory "costs" of litigation), including attorneys' fees and expenses in connection with any trial, appeal, or petition for review. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Marion and Multnomah Counties, Oregon. The United Nations Convention on the International Sale of Goods will not apply to any transactions under this Agreement.
The parties will at all times be and act as independent contractors. Nothing in these Terms will be deemed to create a relationship of partners, employer and employee, or principal and agent. No modifications to these Terms shall be binding unless in writing and signed by an authorized representative of each party. You may not assign or otherwise transfer your account or your order to anyone else without the prior written consent of Kraken Sports Cards, which consent will not be unreasonably withheld. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired. The failure of either party at any time to require performance by the other of any provision of these Terms shall in no way affect that party’s right to enforce such provision, nor shall the waiver by any party of any breach of any provision of these Terms be taken or held to be waiver of any further breach of the same provision or any other provision. All waivers must be in writing. Kraken Sports Cards shall be excused from liability for nonperformance or delay due to any cause beyond its reasonable control. This is the entire agreement between the parties with respect to all online product orders; provided, however, that if the parties have signed a separate written agreement, then those terms shall prevail over these Terms to the extent of any conflict.