Legal
Terms of Service
Effective [[EFFECTIVE DATE]]. Ripclub is operated by [[COMPANY LEGAL NAME, e.g. Card Index Inc.]], [[ENTITY TYPE, e.g. a Delaware corporation]] ("Card Index", "we", "us"), the operator of cardindex.com and the Card Index apps.
Plain-language summary (the full terms below control): a Ripclub pack is a purchase of one real graded trading card, chosen at random from a disclosed pool with disclosed odds, and delivered to your Card Index portfolio. Every pack contains a card. You can keep it, have it shipped, list it for sale, or sell it back to us at the offer shown on your reveal. Sales are final once the pack is opened. You must be 18 or older.
1. Agreement
These Terms of Service ("Terms") are a binding agreement between you and Card Index governing your use of ripclub.com, its subdomains and any related services (the "Service"). By creating an account, signing in, or purchasing a pack you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.
Your Ripclub account is your Card Index account. The Card Index Terms of Service also apply to your account, your portfolio, your Card Index balance and any listing you create on the Card Index marketplace. Where these Terms and the Card Index Terms conflict with respect to packs and pulls, these Terms control.
2. Eligibility
- You must be at least 18 years old (or the age of majority where you live, if higher).
- You must be able to form a binding contract and not be barred from using the Service under applicable law.
- You may not use the Service if you are located in, or a resident of, [[RESTRICTED JURISDICTIONS — list any U.S. states or countries you will not sell to]]. We may use your billing address, IP address and other signals to determine your location and may refuse or reverse a purchase on that basis.
- One account per person. Creating additional accounts to obtain promotional benefits again (including the First Rip guarantee) is prohibited and grounds for closure of all related accounts.
3. What a pack is
A "pack" is a fixed-price digital product. Purchasing and opening a pack (a "pull") results in the sale to you of one specific, physical, professionally graded trading card (a "slab") that we own and hold in our custody at the time of the pull. Every pack contains exactly one slab. There are no empty packs and no cash prizes: the only thing a pack can deliver is a card.
Which slab you receive is determined by a random draw over the slabs stocked in that pack, using the value brackets and percentages published on the pack page at the time of your purchase. The mechanism is described in full on our Odds & fairness page, which forms part of these Terms. You acknowledge that you are purchasing a card of uncertain identity and market value within the disclosed range and odds, and that the fun of the reveal is part of what you are buying.
Values displayed for slabs are our good-faith estimates of current market value based on recent sales data for the same card and grade. They are not appraisals and are not a promise of what you could sell the slab for.
4. Pricing, Pro pricing and payment
Prices are shown in U.S. dollars. Members with an active Card Index Pro subscription receive the Pro price shown on the pack page (currently 10% below list price). Pro status is read from your Card Index account at the moment of purchase; we do not retroactively apply or remove the discount.
You may pay by card through our payment processor, Stripe, and/or from your Card Index balance. By providing a payment method you authorise us to charge the full price of each pack you purchase. Applicable sales taxes, if any, are added at checkout. You are responsible for any fees your bank or card issuer charges.
5. Opening, finality and refunds
The draw occurs immediately after payment succeeds. All pack purchases are final once the draw has occurred. Because the slab is assigned to you at that instant, we cannot cancel, exchange or refund an opened pack, and we do not offer refunds because you are dissatisfied with the card drawn.
We will refund a pack purchase in full, to the original payment method(s), only where:
- the pack had no slab available at the moment of the draw (the pull is marked refunded automatically);
- payment was taken but a technical failure on our side prevented the draw; or
- we are required to by law.
Initiating a chargeback for a pack that was drawn is a breach of these Terms. We may suspend your account, revoke the slab and any related balance, and pursue the amount owed.
6. First Rip guarantee
Your first pull on your account is guaranteed to draw a slab whose value (as displayed on the reveal) is at least the list price of the pack. This is implemented as a floor on the draw as described on the Odds & fairness page. The guarantee is shown on a pack only while that pack holds at least one qualifying slab; a first-time buyer cannot purchase a pack that cannot honour it. If, due to a concurrent purchase, your first pull nevertheless draws a slab below the list price, we will credit the difference to your Card Index balance automatically. The guarantee applies once per person, not per account, and abuse through multiple accounts voids it.
7. Your slab after the pull
7.1 Title and custody
Title to the slab passes to you when the draw completes. Until you have it shipped, sell it back, or it is sold to a buyer through the marketplace, we hold it in our vault on your behalf as bailee, free of charge, and it appears in your Card Index portfolio. We insure vaulted slabs against loss and damage while in our custody; our liability for a slab lost or damaged in our custody is limited to its value at pull.
7.2 Shipping
You may request shipment at any time for the flat fee shown at the time of the request, payable by card or from your balance. We ship tracked to the address you provide within [[2]] business days of the request. You are responsible for providing a correct address and for any import duties or taxes on international shipments. Risk of loss passes to you on delivery; if a tracked parcel is lost in transit, we will work with the carrier and, where the claim is accepted, refund the shipping fee and credit your balance with the slab's value at pull.
7.3 Buyback
On your reveal we display a buyback offer equal to a stated percentage (currently 85%) of the slab's value at pull. You may accept that offer at any time while the slab remains in our custody and unlisted. On acceptance, title returns to us and the offer amount is credited to your Card Index balance immediately. The offer amount for a given pull is frozen when it is made; we may change the percentage for future pulls at any time.
7.4 Listing on the Card Index marketplace
You may list your slab for sale on the Card Index marketplace at a price you choose. The listing is in your name and subject to the Card Index seller terms, fees and review process; we remain custodian and ship the slab to the buyer when it sells. Sale proceeds, net of applicable marketplace fees, are credited to your Card Index balance.
7.5 Unclaimed slabs
If your account is inactive for [[NUMBER, e.g. 24]] consecutive months while a slab remains in our custody, we will attempt to contact you at your account email. If we receive no response within 60 days of that notice, you agree that we may exercise the buyback on your behalf and credit the offer amount to your balance, which remains available to you subject to applicable unclaimed-property law.
8. Card Index balance
Your Card Index balance is a record of store credit maintained by Card Index. It is not a bank account, is not insured by the FDIC, does not earn interest, and is not a money-transmission or stored-value product offered by Stripe. It is funded by deposits, buybacks, marketplace sales and refunds, and may be spent on packs and on the Card Index marketplace.
You may withdraw available balance to your bank account, subject to a minimum amount, identity verification and the terms of our payout partner (Stripe Connect). We may delay or refuse a withdrawal where required by law, to prevent fraud, or where funds originate from a transaction under dispute. Deposited funds that have not been spent may be withdrawn at any time subject to the same conditions. Balance has no cash value except through withdrawal as described here, and may not be transferred to another account.
9. Responsible purchasing
Packs are entertainment purchases of collectibles and should be bought with money you can afford to spend. You can ask us at any time to set a monthly spending limit on your account or to close your account to further pack purchases, by writing to [[support@ripclub.com]]. We will apply the limit within one business day and will not lift a self-imposed limit for at least 7 days after you ask us to.
10. Acceptable use
You agree not to:
- use the Service if you are under 18 or otherwise ineligible;
- create or use more than one account, or use another person's account or payment method;
- use bots, scripts or automated means to purchase packs or scrape the Service;
- attempt to interfere with, reverse engineer, or manipulate the draw or any part of the Service;
- engage in fraud, money laundering, or use the Service to move funds between parties;
- misrepresent your location or identity.
We may suspend or terminate your access, cancel pending pulls, and withhold balance connected to a breach, in addition to any other remedy.
11. Intellectual property and third parties
The Service, its design, text, pack artwork and software are owned by Card Index or its licensors and protected by law. You receive a limited, revocable licence to use the Service for its intended purpose. Pokémon and all related names are trademarks of Nintendo, Creatures Inc. and GAME FREAK inc.; PSA, CGC, BGS and TAG are trademarks of their respective owners. Ripclub and Card Index are not affiliated with, endorsed by or sponsored by any of them. Cert data and slab photographs are obtained from the graders' public certificate records.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY SLAB WILL HAVE ANY PARTICULAR RESALE VALUE, THAT DISPLAYED VALUES ARE ACCURATE, OR THAT THE SERVICE WILL BE UNINTERRUPTED. GRADED CARDS ARE SOLD IN THE GRADER'S SEALED HOLDER AND WE MAKE NO REPRESENTATION BEYOND THE GRADER'S OWN CERTIFICATION.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CARD INDEX AND ITS OFFICERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AND (B) US$100. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
14. Indemnity
You will indemnify and hold harmless Card Index from any claim, loss or expense (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Service, or your violation of any law or third-party right.
15. Disputes
These Terms are governed by the laws of [[GOVERNING-LAW STATE, e.g. Delaware]], without regard to conflict-of-law rules. Before filing a claim you agree to contact us at [[legal@ripclub.com]] and attempt in good faith to resolve it for 30 days.
[[OPTIONAL — DELETE IF NOT WANTED]] Arbitration and class waiver. Any dispute not resolved informally will be settled by binding individual arbitration administered by [[ARBITRATION PROVIDER, e.g. JAMS / AAA]] under its consumer rules, rather than in court, except that either party may bring an individual claim in small-claims court. YOU AND CARD INDEX WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. You may opt out of this arbitration clause by emailing [[legal@ripclub.com]] within 30 days of first accepting these Terms.
Where arbitration does not apply, you agree to the exclusive jurisdiction of [[COURT VENUE, e.g. the state and federal courts located in New Castle County, Delaware]].
16. Changes and termination
We may update these Terms. Material changes will be announced on the Service or by email at least 14 days before they take effect; continued use after that date is acceptance. We may change pack prices, stock, odds, buyback percentages and fees at any time for future purchases; changes never affect a pull already made. You may close your account at any time; sections that by their nature should survive (including 7, 8, 12–15) survive termination.
17. Contact
[[COMPANY LEGAL NAME, e.g. Card Index Inc.]]
[[REGISTERED BUSINESS ADDRESS]]
Support: [[support@ripclub.com]] · Legal: [[legal@ripclub.com]]