These Services and related tools are governed by the following Terms as applicable to Card Surge LLC. If you transact on Card Surge Marketplace, you shall be subject to the Policies that are applicable to the Website for such transactions and contained herein.
We strongly advise you to add "[email protected]" and "[email protected]" to your email address book or safe senders list to help ensure that you will receive emails from us. This will help to prevent our emails from accidentally being filtered by your junk or spam filter.
Card Surge Marketplace is for the purchase and selling of “Gift Cards” (Plastic Gift Cards), “Electronic Gift Cards” (eGift Cards", "E-Gift Codes", "E-Gift Cards", "Gift Codes") and other closed loop pre-paid products issued by third-party companies, known as “Merchants” or "Brands."
D.) Card Surge LLC reserves the right to terminate your order and refuse to provide you with access to Our Site if it is brought to Our attention, or if it is discovered that you are under the age of 18 years. Therefore, you represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a legal parent or guardian.
3. PROHIBITED OR UNLAWFUL USES
The Site may only be used for lawful purposes in accordance with the terms of the license granted. As a condition of your use of this Site, you warrant to Card Surge LLC that you will not use the Site for any purpose that is unlawful or prohibited. Whether on behalf of yourself or on behalf of any third party, You may not:
A.) Using our service to participate in any illegal activity, which includes money laundering, fencing, or any type of gift card fraud is strictly prohibited.
B.) Replicating, conveying, or revealing any part of the Service in any medium, including without constraint by any computerized or non-mechanized "scraping".
C.) Utilizing any robotized framework, including without confinement "robots," "bugs," "offline readers" and so forth, to access the Service in a way that sends more messages to Card Surge LLC servers than a human can sensibly deliver in the same timeframe by utilizing an on-line web program (except that Card Surge LLC grants the operators of public search engines revocable permission to use spiders to copy materials from Card Surge Marketplace for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); transmitting spam, chain letters, or other unsolicited email.
D.) Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.
E.) Taking any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on Our infrastructure; uploading invalid data, viruses, worms, or other software agents through the Service.
F.) Gathering or collecting any identifiable data, including account names or any other data, from the Service.
G.) Imitating someone else or generally misinterpreting your connection with an individual or an entity, leading extortion or endeavoring to conceal your identity.
H.) Meddling with the best possible working of the Service.
I.) Getting to any Content on the Service through any innovation or means other than those approved by the Service.
J.) Bypassing the measures We may use to avert or limit access to the Service, including without limitations features that prevent or limit utilize or duplicating of any substance or implementing restrictions on the utilization of the Service.
4. PROHIBITED OR UNLAWFUL USES
A.) Make any collection or use of any product listings, descriptions, prices or images.
B.) Download, copy or transmit any Content for the benefit of any other merchant.
C.) Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided or publicly available browsers.
D.) Frame, mirror or use framing techniques on any part of the Site without Card Surge LLC’s express prior written consent.
F.) Use any meta tags or any other hidden text utilizing Card Surge Marketplace’s name.
G.) Misrepresent the identity of a User, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity about the Site, or express or imply that We endorse any statement you make.
H.) Conduct fraudulent or illegal activities on the Site.
I.) Violate or attempt to violate the security of the Site, including, without limitation: 1.) accessing data not intended for you or logging onto a server or an Account that you are not authorized to access; 2.) trying to change the behavior of the Site; 3.) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; 4.) attempting to interfere with Service to any User, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; 5.) forging any header or any part of the header information in any email or posting; or 6.) forging communications on behalf of the Site (impersonating the Card Surge Marketplace Site) or to the Site (impersonating another User).
J.) Send unsolicited or unauthorized email on behalf of Card Surge, including advertising.
K.) Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site, or any activity being conducted on the Site.
L.) Use the Site to defame, abuse, harass, stalk, threaten or violate the legal rights of others, including others’ privacy rights.
M.) Harvest or collect personally identifiable information about Users of the Site.
N.) Use the Site to advertise or offer to sell or buy any goods or services without Card Surge’s express prior written consent.
O.) Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
5. YOUR OVERALL CONDUCT
A.) You are solely responsible for your actions through this Site. You must ensure that your participation in the Selling or Buying of Plastic Gift Cards or eGift Cards does not violate any applicable laws or regulations where you reside. By this we mean that you must check that you are entitled to sell or buy Plastic Gift Cards or eGift Cards and that you are not prohibited from doing so by any law or regulation.
B.) You must not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation.
6. USE OF THE CARD SURGE MARKETPLACE WEBSITE
You agree that your use of https://cardsurgemarketplace.com shall be strictly governed by the following binding principles:
A.) Using our service to participate in any illegal activity, which includes money laundering, fencing, or any type of Gift Card fraud is strictly prohibited.
B.) You shall not use, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which you the User do not have any rights to, or that involves the transmission of "junk mail," or “chain letters," or unsolicited mass mailing or "spamming"; infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
C.) Try to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to account information, bulletins, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or Members.
E.) Interferes with another Member's use and enjoyment of the Card Surge Marketplace Website or any other individual's enjoyment of Our similar Services.
F.) Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
G.) Deceives or misleads the addressee or Members about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
H.) Impersonate another person or entity.
I.) Expose the Site to files that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, key loggers, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
J.) Provide information that is false, inaccurate or misleading.
K.) Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline.
L.) Shall not create liability for Us or cause Us to lose (in whole or in part) the services of our ISPs or other suppliers.
M.) You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Card Surge LLC reserves the right to bar any such activity.
N.) You shall not attempt to gain unauthorized access to any portion or feature of the Card Surge Marketplace Website or any other systems or networks connected to the Card Surge Marketplace Website or to any of Our servers, computers, networks, or to any of the Services offered on or through the Card Surge Marketplace Website, by hacking, password “mining” or any other illegitimate means.
O.) You shall not probe, scan or test the vulnerability of the Card Surge Marketplace Website or any network connected to the Card Surge Marketplace Website nor breach the security or authentication measures on the Card Surge Marketplace Website or any network connected to the Card Surge Marketplace Website.
P.) You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Card Surge Marketplace Website, or any other Customer of Card Surge Marketplace, including any Card Surge Marketplace Account not owned by you, to its source, or try exploit the Card Surge Marketplace Website or any Service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Our Website.
Q.) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Card Surge Marketplace Website or Our systems or networks or any systems or networks connected to Card Surge Marketplace.
R.) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
S.) You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to Card Surge Marketplace on or through the Website or any Service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
U.) You shall not engage in advertising to, or solicitation of, other Members or Users of Card Surge Marketplace to buy or sell any products or services, including, but not limited to, products related to those being displayed on Card Surge Marketplace or related items.
V.) You may not transmit any chain letters or unsolicited commercial or junk email to other Users via Card Surge Marketplace.
X.) You understand that Card Surge LLC has the right, always, to disclose any information (including the identity of the persons providing information or materials on the Card Surge Marketplace Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, the disclosure of the information about an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate about the investigation and/or resolution of possible crimes, especially those that may involve personal injury or financial loss.
Y.) You hereby represent and warrant that you have all necessary rights in and to all information you provide and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. Card Surge LLC shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through groups of People, intentionally or unintentionally in Dos/DDoS (Distributed Denial of Services).
7. REGISTRATION AND CARD SURGE MARKETPLACE ACCOUNTS
A.) There is no fee to become a registered Member of Card Surge Marketplace and it may be required to get access to certain features of the Service which could include buying or selling Gift Cards or eGift Cards. We limit access to Card Surge Marketplace and services available to guests and visitors who have not registered a “Member Account”. Some Users will need to sign up with and create a “Member Account”, "Card Surge Marketplace Account" or “Account”. Card Surge LLC may also adjust or limit the capabilities and offerings available inside a “Member Account” at Our sole discretion for example when We feel a Member Account is being misused in any way or for any other reason as deemed necessary.
B.) There are two types of Member Accounts. All newly opened Card Surge Marketplace Accounts are Unverified Accounts which means the identity of the individual who has opened the account hasn't been officially verified by Card Surge LLC.
1.) Unverified Accounts are newly opened Accounts and they are limited in the amount of Gift Cards and eGift Cards that can be purchased or sold before Card Surge LLC will ask the Member to verify their identity by submitting additional documentation. You will be notified by email if Card Surge LLC requests identity information.
2.) The second type of Account is a Verified Account. This means that you have successfully submitted documentation that proves your identity and Card Surge LLC has reviewed and approved your submitted documents. These Accounts can still be subject to purchase and sale limits, but these limitations are typically higher.
C.) You may never utilize another Member's Account. When creating your Member Account, you should give precise, complete, and accurate information. You are exclusively responsible for making sure that your Member Account’s password is kept confidential and we strongly recommend changing your password at least once every 30 days. You should notify Card Surge LLC immediately of any unapproved usage or suspected unapproved usage of your Member Account. Card Surge LLC cannot be held responsible for any actions taken by any unapproved usage of your Card Surge Marketplace Member Account. You may control your Member Profile and how you connect with the Service by changing the settings, where accessible.
D.) By giving Card Surge Marketplace your email addresses you agree to allow us to send you Service-Related Notifications, including any notification required by law, in lieu of correspondence through postal mail. We may likewise use your email to send you different messages, for example, changes to elements of the Service and special offers. If you would prefer not to get such email messages, you may unsubscribe or change your selections on your Account Settings Page or by unsubscribing in the email. Unsubscribing may keep you from receiving email messages with respect only to upgrades, updates, enhancements, or offers. Even if you unsubscribe, we may still send you important emails related to your Card Surge Marketplace Account and any transactions that take place on Card Surge Marketplace.
E.) To make our Service easier to use it is best to provide Card Surge Marketplace with a mobile phone number, We may send instant message alerts and offers. If You provide Card Surge Marketplace with a mobile phone number, you approve Us to utilize a robotized dialer or message service to send the messages.
8. YOUR CARD SURGE MARKETPLACE ACCOUNT
A.) You may be required to register with Card Surge Marketplace to access certain Services or areas of the Site (“Card Surge Marketplace Account” or “Account”). With respect to any such registration, we may refuse to grant to you the username you request because of use by another member or for any reason.
B.) Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We strongly suggest that you change your password at least once every 30 days and do not share your password with any other person.
9. LIMITATIONS OF PRODUCTS OR SERVICES
A.) Certain products or Services may be available exclusively online through Our Site. These products or Services may have limited quantities and are subject to return or exchange only per Our Return Policy. We have made every effort to display as accurately as possible the colors, images and prices of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color or information will be completely accurate.
B.) We reserve the right, but are not obligated, to limit the sales of Plastic Gift Cards and eGift Cards to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at Our sole discretion. We reserve the right to discontinue any product, Service or program at any time.
C.) Any offer for a product or Service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
10. AVAILABILITY, ERRORS AND INACCURACIES
A.) Card Surge Marketplace’s acknowledgement of an Order means that your Order request has been received and is being reviewed; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed.
B.) If an item is out of stock, Card Surge LLC may, at its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Card Surge LLC, at its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value to the order placed.
C.) Card Surge Marketplace makes a conscientious effort to describe and display its products and Services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and We may experience delays in updating information on the Site and in Our advertising on other sites. Thus, We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services.
D.) As part of Our shipping procedures, We verify the availability, price, and balance before an item is shipped. If the item is no longer available or if We determine that there were inaccuracies in Our product information, we will cancel your order, provide a refund, and notify you of such cancellation via email.
E.) Card Surge Marketplace reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience that this may cause.
A.) The price for an item on Card Surge Marketplace may differ from the price shown in a Member's shopping cart or on other Sites owned and operated by Card Surge LLC. On rare occasions, an item may be priced incorrectly.
B.) If the price for any item on Card Surge Marketplace is incorrect and is higher than the price provided at the time of purchase, then, at the sole discretion of Card Surge LLC, Card Surge LLC may either 1.) contact the Member for instructions before shipping the item or charging the Member or User for such item; 2.) cancel the order for such item and notify the Member or User of such cancellation and provide a refund; or 3.) ship the item at the incorrect price to the benefit of the Member.
12. PROHIBITED ITEMS
The following items are prohibited (not allowed) from being listed for sale:
A.) Listings that are sexual in nature, contain photos or depictions of nudity or a sexual act.
B.) Items or listings that contain profanity.
C.) Items or listings that contain photos, depictions, or written descriptions of violence.
D.) Items or listings that encourage violent acts.
E.) Items or listings that contain terroristic messages or encourage terrorism of any kind.
F.) Items or listings that are considered as racist, sexist, or portray hate messages.
G.) Items or listings that are counterfeit or fake.
H.) Items or listings that are misleading in any way.
I.) Items or listings that are listed solely for advertising purposes.
J.) Items or listings that encourage illegal activity.
K.) Stolen property or items.
L.) Anything intended to avoid paying any cost or fee for using the Site.
M.) Listings that encourage Users to complete a transaction outside of the Website.
N.) Any Open Loop Gift Card. (Visa, MasterCard, and Discover Gift Cards)
O.) Any Gift Card, eGift Card, or Merchandise Credit that the Seller intends to attempt to use or sell to another party after being sold.
13. ALLOWED ITEMS
A.) Plastic Gift Cards not exceeding a maximum face value of $500.00 USD per listing.
B.) Merchandise Credits not exceeding a maximum face value of $500.00 USD per listing.
C.) eGift Cards not exceeding a maximum face value of $500.00 USD per listing.
D.) Gift Cards being sold at full face value or less than face value (Discount Gift Cards).
E.) We only allow closed loop Gift Cards and eGift Cards to be sold on Card Surge Marketplace. Closed loop Gift Cards are Gift Cards that are for a specific merchant.
14. PLASTIC GIFT CARDS AND EGIFT CARDS
A.) The Service may permit you to sell or purchase Plastic Gift Cards, Electronic Gift Cards, eGift Cards, E-Gift Cards or the like that are issued and redeemable for goods or services by third party Merchants. You consent to pay all pertinent assessments and charges imposed by any administrative entity or merchant regarding your utilization of the Service.
B). If you have any questions about an individual Merchant’s polices or procedures regarding redemption of any Gift Cards or eGift Cards purchased on Our Site please contact the Merchant directly or consult the Merchant’s website for details.
C.) Card Surge LLC does not issue any of the Plastic Gift Cards or eGift Cards sold on Card Surge Marketplace and is not related to any of those Merchants. Card Surge Marketplace is not responsible for setting any of these Merchant’s rules or policies regarding their Gift Cards or eGift Cards and their redemption policies.