Terms of Service

This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, http://holofoiled.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Holofoiled.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and Holofoiled, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By accessing this website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.

The last update to our Terms of Service was posted on January 27, 2018.

Definitions

The terms “us” or “we” or “our” refers to Holofoiled, the owner of the Website.

A “Visitor” is someone who merely browses our Website, but has not registered as Member.

A “Member” is an individual that has registered with us to use our Service.

Our “Service” represents the collective functionality and features as offered through our Website to our Members.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Holofoiled’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Holofoiled’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Holofoiled at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Restricted Uses

Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Holofoiled without express composed consent. You might not use any meta tags or any various other “unseen text” utilizing Holofoiled’s name or trademarks without the express written consent of Holofoiled. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of Holofoiled, in other way that is likely to trigger confusion among consumers, that disparages or challenges Holofoiled or its licensors, that dilutes the strength of Holofoiled’s or its licensor’s residential property, or that otherwise infringes Holofoiled’s or its licensor’s copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that Holofoiled develops to generate or show any Material of the pages making up the Website is likewise secured by Holofoiled’s copyright, and you may not copy or adjust such code.

Holofoiled has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below.

If alerted by a User of any products which allegedly do not conform to these Terms, Holofoiled could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. Holofoiled has no liability or duty to Individuals for efficiency or nonperformance of such activities.

Electronic Communication

You are connecting with us electronically when you go to the Website or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site.

Your Account

If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature (“Personal Data”) from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. Holofoiled additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discernment.
Holofoiled does not guarantee the truthfulness, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.

Reviews, Comments, and Other Material

Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include industrial solicitation, mass mailings, or any type of “spam.” You may not use another User’s account to impersonate a User or entity, or otherwise deceive as to the origin of the opinions. Holofoiled reserves the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.
If you post an evaluation or send comments, and unless Holofoiled suggests otherwise, you grant Holofoiled a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant Holofoiled and sublicenses the right to utilize your name in connection with such Material, if they choose. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify Holofoiled for all claims resulting from Content You supply. Holofoiled has the right but not the commitment to edit and keep track of or eliminate any task or Material. Holofoiled takes no duty and assumes no liability for any content published by You or any 3rd party.

Returns and Refunds

The following applies to returns and refunds, unless otherwise stated in the description of the purchased product(s).

If you are unsatisfied with your purchase, you may open a return request from your Account dashboard. For purchases with tracking, you must initiate your return request within 30 days of receiving the item(s). For purchases without tracking, you must initiate your return request within 30 days of postmark. Please indicate in your return request if you would like a refund or a replacement of the purchases. All refunds will be to the original payment source, unless we communicate to you otherwise.

  1. For a return initiated due to damage, misstatement, or wrong product(s) received, Holofoiled will be responsible for return shipping and upon receiving and validating the returned items, will issue either a replacement or a full refund (to include original shipping charges). We may request photos or other evidence of damage or misstatement before granting a return request. Your returned items must be received by us in the condition they were sent in with no signs of use or tampering, unless they were damaged while in transit.
  2. For a return initiated not due to damage, misstatement, or wrong product(s) received, you will be responsible for return shipping costs, to include tracking and insuring your parcel. We do not cover damages or losses incurred while a return is in transit to us for any reason. All returned items must be received by us in the condition they were sent in (e.g. a sealed product must still be sealed and a near mint card must still be near mint) to be eligible for a refund. If items are received not in the condition they were sent in, they may be refused or a lower refund will be given based upon what we would pay for the items in the received conditions.

Virtual, downloadable, and emailed products are not eligible for returns. They may be eligible for a refund, but only if the wrong item was sent or the item received was not as stated on the Website.

Before purchasing from Holofoiled it is your responsibility to read and understand the way in which we determine the condition of a product (if one is given) as described here. Returns for products that were adequately described by us may be accepted, but will be subject to the terms of scenario 2 above.

Orders Not Received

We may offer non-trackable shipping services at checkout as a cost-effective method to ship card singles and other products to you. These services include US Letter Mail and International Letter Mail mailing services.

If you place an order to a US address and do not receive your order within 14 business days, or you place an order to a non-US (International) address and do not receive your order within 30 business days, please contact us and indicate your preference of a replacement or full refund for the product(s). Please note that replacements are subject to stock and may or may not be available. If a replacement is not available, you may elect to wait until one does become available, or you may elect to receive a full refund instead.

If we do issue a replacement or refund for an order not received and you receive the original order, it is expected that you will reach out to us and inform us that you received the original order so that we can arrange to have the order shipped back to us. You may also elect to pay for and then keep the original order.

International Orders

All non-US (International) orders will be accompanied by a customs declaration for the full purchase price of the order (including shipping charges and all associated fees). You are responsible for all customs fees, duties, taxes, courier fees, and other charges associated with importing goods into your respective country. Holofoiled will under no circumstances reimburse for any of these fees or charges.

Store Points

“Store Points” are a form of currency that the Website may issue to you upon purchasing eligible products. Store Points can be used on this Website at checkout to lower your total order price by $0.01 each. Although we currently honor Store Points at the aforementioned value on the Website, they have no monetary value and cannot be purchased or sold. You can view the total Store Points available to you in your Account.

Holofoiled may deduct Store Points from an account or stop the use of Store Points by an account if: we determine that an account may be engaging in the fraudulent use or accumulation of Store Points; or an order is returned to Holofoiled that generated Store Points.

If an order is returned to Holofoiled and a refund is approved, if Store Points were used to pay for that order (partially or in full), the exact number of Store Points used in paying for that order will be refunded back to your account.

In the event that an order is returned that generated Store Points and those Store Points were used to pay for another order, we will subtract the number of Store Points used from your Account’s Store Points. For instance, let’s say you made a $100 purchase that generated 100 Store Points. At a later date, you decide to return the purchased items for a refund. Upon approving the refund, your account would have 100 Store Points subtracted from it. If we are unable to subtract Store Points from your Account in this manner, your refund for the returned order will be reduced by the total store value of the Store Points that we could not subtract from your Account.

Holofoiled may choose to discontinue the use and generation of Store Points at any time, but will give at least 30 days notice to customers of the website via electronic communication.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Holofoiled reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Revisions and Errata

The materials appearing on Holofoiled’s Website could include technical, typographical, or photographic errors. Holofoiled does not warrant that any of the materials on its Website are accurate, complete, or current. Holofoiled may make changes to the materials contained on its Website at any time without notice. Holofoiled does not, however, make any commitment to update the materials.

Disclaimer

The materials on Holofoiled’s Website are provided “as is” Holofoiled makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Holofoiled does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither Holofoiled nor the Website has control over the quality or fitness for a particular function of a product. Holofoiled likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.

THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY Holofoiled ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Holofoiled MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS WEBSITE OR THE INFO, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, Holofoiled DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. Holofoiled DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM Holofoiled ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. Holofoiled WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL Holofoiled’s LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.

Links to Other Websites

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Holofoiled has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Site Terms of Service Modifications

Holofoiled may revise these Terms of Service for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Holofoiled’s Website shall be governed by the laws of Michigan without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.

Indemnity

You accept defend, indemnify, and hold safe Holofoiled, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. Holofoiled will provide notice to You promptly of any such claim, match, or case.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in Michigan and shall be governed by and construed in accordance with the laws of Michigan without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Holofoiled under our Legal Terms shall survive the termination of our Legal Terms.