Terms of Service

Draft notice. These terms are a working draft adapted from the original 2017 TradingOutPost terms of service and have not yet been reviewed by a lawyer. Please consult qualified legal counsel before treating them as final.

These Terms of Service (“Terms”) govern your access to and use of the TradingOutPost website at tradingoutpost.co and any related services (collectively, the “Service”). By creating an account or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

1. Eligibility

You must be at least 13 years old to create an account. If you are under 18, you confirm that a parent or legal guardian has reviewed and accepted these Terms on your behalf.

2. Your account

You are responsible for keeping your account credentials confidential and for all activity that happens under your account. If you become aware of any unauthorised use of your account, please let us know immediately at support@tradingoutpost.co.

You agree to provide accurate, current information when you sign up and to keep that information up to date. We may suspend or terminate accounts that we believe contain false information or that are being used to abuse the Service.

3. What the Service does — and what it doesn't

TradingOutPost is a matching service. We help you find other Magic: The Gathering players nearby who want the cards you have, and who have the cards you want. We do not buy, sell, ship, hold, or insure cards on your behalf, and we are not a party to any trade you arrange through the Service.

Trades happen between you and another user, on terms you agree directly. You are responsible for verifying the identity of the other party, the condition of the cards being traded, and the safety of the meeting. We strongly recommend trading at a public location such as a local game store on a busy night.

4. Acceptable use

You agree not to:

• list cards you do not own or are not entitled to trade,
• list counterfeit or proxy cards as if they were genuine,
• misrepresent the condition, edition, language, or foiling of any card,
• use the Service to harass, threaten, defraud, or impersonate any person,
• use the Service to send spam, unsolicited advertising, or chain messages,
• scrape, copy, or otherwise extract data from the Service except via interfaces we explicitly provide,
• attempt to interfere with the Service's availability, security, or integrity,
• use the Service for any illegal purpose, or to violate any law in your jurisdiction.

We may suspend or terminate accounts that violate these rules, and we may remove any listing or message we believe violates these rules or is otherwise objectionable.

5. User content

You retain ownership of the content you post to the Service (card listings, messages, profile information, ratings). By posting content, you grant TradingOutPost a worldwide, royalty-free, non-exclusive licence to host, store, transmit, display, and adapt that content solely so we can operate and improve the Service.

You are solely responsible for the content you post, and you confirm that you have all the rights necessary to grant the licence above.

6. Trades, payments, and disputes

TradingOutPost does not handle payments and does not collect any commission, listing fee, or service charge from trades arranged through the Service. Any cash, card, or other consideration involved in a trade is a matter strictly between you and the other party.

We do not mediate disputes between users. If a trade goes wrong, you are responsible for resolving it directly with the other party. Repeated complaints against a user may, at our discretion, lead to suspension or termination of their account.

7. Intellectual property

The Service itself — including the TradingOutPost name, logo, design, software, and underlying database structure — is the property of TradingOutPost and is protected by intellectual property laws.

Magic: The Gathering, the names of cards, sets, mana symbols, card images, and all related marks are the property of Wizards of the Coast LLC. TradingOutPost is unofficial Fan Content permitted under the Wizards of the Coast Fan Content Policy and is not approved or endorsed by Wizards.

Card data on the Service is sourced from Scryfall, used under their data licence.

8. Termination

You can close your account at any time by emailing support@tradingoutpost.co. We can suspend or terminate your account at any time if we believe you have violated these Terms, if it is required by law, or if continued operation of your account presents a security or abuse risk.

9. Disclaimer of warranties

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any information you obtain through the Service will be accurate or reliable.

10. Limitation of liability

To the maximum extent permitted by law, TradingOutPost will not be liable to you for any indirect, incidental, consequential, special, or exemplary damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of the Service, even if we have been advised of the possibility of such damages.

In no event will our total liability to you for all claims arising out of or relating to the Service exceed AUD 100 or the total amount you have paid us in the 12 months preceding the claim, whichever is greater.

11. Indemnity

You agree to indemnify and hold TradingOutPost harmless from any claim, loss or damage (including reasonable legal fees) arising out of your breach of these Terms, your use of the Service, your User Content, or any trade you arrange through the Service.

12. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will notify you by email at the address associated with your account. Continued use of the Service after a change takes effect means you accept the updated Terms.

13. Governing law

These Terms are governed by the laws of Australia. Any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts of Australia.

14. Contact

Questions about these Terms? Email support@tradingoutpost.co.