Guidelines, Terms and Conditions
A. What Is MySlabs?
B. Guidelines and Terms of Use for MySlabs Buyers
C. Guidelines and Terms of Use for MySlabs Sellers
D. Raw Card Condition Scale
E. Raw Comic Condition Scale
F. You Just Made a Purchase, What's Next?
G. You Just Made a Sale, What's Next?
H. PSA Vault Purchases and Escrow Process
I. Customer Support Directory
J. Fees
K. Refunds
L. Affiliate Programs and Partners
M. Auction Guidelines
N. Full Legal Terms and Conditions
MySlabs is a peer-to-peer marketplace created BY collectors FOR collectors who are seeking an alternative to the high auction and consignment fees that have become standard in the hobby. All of the inventory, pricing, and content on MySlabs is uploaded and controlled by our sellers. Users are free to buy and sell slabbed cards, sealed wax, slabbed comics and now both raw cards and raw comics all while benefiting from the most disruptive pricing model in the industry.
Our value proposition to members:
* Join a strong social media community of loyal, veteran members.
* Managed by true hobbyists with genuine subject matter expertise.
* Disruptive pricing model highlighted by a 2% seller fee on slabs and 3% on raw.
* All sellers must apply, go through screening, and be manually approved.
* Unparalleled seller protection including a limited no-return policy.
B. Guidelines and Terms of Use for MySlabs Buyers:
1) MySlabs sellers do not ship internationally, however, international members are encouraged to create a MySlabs account provided that they enter a valid US-based shipping address (PSA Vault etc.) in their MySlabs profile. Please note that Stripe is not currently an option for international buyers. International sellers are required to add the correct "Shipping From" address in their profiles. This will automatically populate in their listings so potential buyers know ahead of time what country items will be shipped from (and to expect delays beyond typical shipping times).
2) All buyers are required to fill in at least one shipping address in their MySlabs profile to be selected as their "Primary Shipping Address". This may be changed at the account holder's discretion for individual purchases (home, business, vault, etc). To facilitate this buyers may choose to enter more than one shipping address in their profile but only the one selected as “Primary” PRIOR to making a purchase will be considered active. A buyer’s selected primary shipping address will always be the address where purchases are shipped. Any valid US address may be used for this purpose (for added security all addresses will be run through a third party validation process when entered). Primary shipping addresses will pre-populate in PayPal (and Stripe) transactions, invoices, receipts and address labels. This address will be uneditable in the checkout flow so please do not ask a seller to ship to an address other than the one listed on the PayPal or Stripe receipt. Buyers are solely responsible for maintaining the accuracy of the shipping address (or addresses) entered in their MySlabs profile.
3) Sellers only ship to the domestic USA shipping address indicated on the PayPal or Stripe receipt. There is no international shipping. Buyers can indicate any domestic United States shipping address in their MySlabs account including those of third parties such as PSA Vault. Please do not ask a seller to ship to an address other than the one listed on the Stripe or PayPal receipt. During the checkout process it is the buyer's responsibility to provide an accurate and secure shipping address to the seller. In the event a buyer is not going to be available to take delivery of a package for any reason it is their responsibility to make arrangements to either have the package held at their post office or forwarded to another address. If this is not possible it is the buyer's responsibility to instruct the seller to delay shipment until they will be available to take delivery of the item in question. Sellers are not responsible for damage that occurs as a result of packages being held for any length of time or sitting stagnant due to a buyer's inability (for any reason) to take delivery. Sellers are also not responsible for the cost of redelivering an item that has been returned due to a mail carrier's inability to deliver the item. MySlabs makes no guarantees of any kind with regard to shipments between users. We are strictly a peer-to-peer marketplace and take no part in listing, buying, selling in any way therefore MySlabs is not responsible for any lost, stolen, or damaged items. That said payments processed through PayPal may be protected by PayPal’s Purchase Protection and/or seller protection. As such we strongly urge all buyers to carefully review the relevant guidelines and requirements dictated by PayPal in their user agreement under the section called PayPal’s Purchase Protection Program here.
4) Any offer initiated by a buyer will be valid for 24 hours or until the seller declines, the seller counters or the buyer rejects. Whichever of the four events occurs first.
5) If a seller accepts an offer, buyers are expected to pay within 24 hours. The site tracks all user actions and starts a 24 hour payment clock immediately upon a seller accepting an offer. If the 24 hour clock expires and the payment has not been made the system will automatically deactivate the buyer’s account. Buyer's will be reactivated only upon agreeing to resubmit their offers on the item(s).
6) The shipping cost set by the seller will be clearly indicated in all listings. If a seller chooses to leave the shipping field blank, the item will indicate “Free Shipping.” If a Buyer requests special shipping, then the seller and buyer can negotiate accordingly.
7) Fees for buyers - Fees for buyers are based on one's usage of the site therefore a 1% buyer/usage fee (calculated as a percentage of the transaction amount) is billed along with successful purchases, with the exception of PSA Vault purchases. PSA Vault purchases include a 3% buyer fee. All buyer fees will be calculated before agreeing to purchase, the total made visible for the user and ultimately must be accepted by the buyer in order to move forward with the transaction.
8) Sales tax will be calculated, collected and remitted on behalf of our sellers via TaxJar. As a service to buyers MySlabs uses the Exemptax platform to verify and manage resale certificates/licenses. If you have a resale certificate/license (making you sales tax exempt) kindly provide that information using the link at the bottom of your MySlabs profile. We will review the information provided and respond with an email stating that your certificate/license was verified, requires more information or was declined. Typical reasons for being declined would be that the certificate/license is expired or contains information that does not match what is in state registries. If a buyer does not have a resale certificate/license and does not wish to be subject to sales tax they may still purchase items tax free by utilizing one of the many vault services located in tax free states such as the PSA Vault. In such cases buyers simply need to enter their PSA Vault information into the PSA Vault address field in their MySlabs profile and set that address as their “Primary Shipping Address”. If you do not already have a PSA Vault account you may create one with the link provided in your MySlabs profile. If you do not wish to use a resale certificate/license or a vault service, sales tax will be applied to any purchase where required and be noted when you confirm your offer or during the buy it now process.
9) After remitting payment, buyers should keep in mind that sellers are required to ship and upload tracking directly into the MySlabs platform within 3 business days (Saturday, Sunday and federal holidays are not considered business days and therefore do not count). Please remember all MySlabs sellers must apply, go through screening, and be approved. This said please give these vetted sellers the allotted time before sending emails for updates, tracking, and so forth. If 3 business days pass and tracking has not been provided, buyers should then contact the seller for an update. If a buyer is unable to reach a particular seller (assuming the 3 business days have already passed) the buyer should then contact MySlabs support and a team member will help the buyer contact the seller in question. If MySlabs is unable to get in touch with the seller, Paypal buyers will be instructed to start a refund request via PayPal and the seller's account will be deactivated in a last attempt to spur the seller into providing an update on the card in question. Buyers should never open Paypal or credit-card claims without contacting MySlabs customer service first. Doing so may lead to the termination of the MySlabs account. Stripe payments can be refunded at MySlabs discretion immediately or otherwise.
10) There are no returns, refunds, or exchanges of collectibles on MySlabs. If the Buyer does not receive the item paid for or if there is substantial damage to the item, the buyer and seller should communicate and come to a mutually agreeable settlement. If a settlement cannot be reached, then MySlabs may attempt to help mediate. For this reason buyers should also do enough of their own due diligence to understand exactly what it is that they are bidding on and or purchasing. Damage that is clearly shown or visible in a listing will not be considered during a dispute. Buyer’s remorse or negligence is never a valid reason for return. No case should ever be opened with PayPal, credit card companies or banks without contacting MySlabs customer service first. Doing so may result in the termination of the MySlabs account.
11) When purchasing older slabs a buyer must understand that grading agencies evolve and new technologies are often incorporated into their processes. As a result of this, tolerances may change over time. Furthermore buyers must understand that grading is subjective and is ultimately nothing more than the opinion of a grader(s) on a given day. If the goal of a purchase is to have the item crossed over, bumped or re-slabbed the buyer does so at their own risk with the understanding that the opinion they receive after the purchase may not be the opinion of the original grader(s). Buyers should also understand that continuing to resubmit the item may yield different results on every submission. Therefore, no seller will be held accountable for issues that cannot be seen with the naked eye and or tolerances/opinions of a grading company that may have changed over time.
12) If a buyer has an issue with an order they are expected to first contact the seller within 24 hours of receiving the product in an effort to come to an amicable solution. The seller's information can be found in the transaction history tab after purchase. If a buyer initiates a refund without first contacting the seller, the seller should alert the MySlabs team immediately. MySlabs reserves the right to suspend buyers who choose not to follow this best practice. We ask all buyers to have patience and kindly give sellers the opportunity to resolve the situation amicably.
13) Small scratches to the slab and or small cracks or chips do not qualify for a re-slab fee. If the damage to the slab is significant but does not threaten the integrity of the item, the buyer is due a re-slab fee from the seller. If there is significant damage to a slab or holder not visible in the images on the website that threatens the integrity of the item inside the holder and or grade, a buyer may request a refund from the seller. Any collectible where factory packaging integrity is essential to the item's value will be eligible for a refund if MySlabs determines that the value of the item has been compromised.
14) Please inspect all raw card and comic images in each listing to determine if the item is in acceptable condition according to your own standards, despite what the seller may have it classified as. Keep in mind that according to our condition scale, all raw cards and comics likely have condition issues that may not be fully expressed in the listing. Buyers need to familiarize themselves with the scales and expect the items they're purchasing to fall in the category listed. Pointing out damage that is not listed by the seller but falls within our condition tolerances is not a reason for a return.
15) Our raw condition scales do not measure centering, print flaws or anything stemming from the manufacturing process. Buyers should study the images and make their own judgment call on these things.
(View Raw Card Condition Scale)
(View Raw Comic Condition Scale)
16) Raw Returns: Given the subjective nature of expressing raw card and comic condition we will not be able to enforce a no return policy. In the event of a dispute or desired return, all relevant information should be forwarded to the raw card or comic customer service team by sending an email to either [email protected] or [email protected] . The email should include as many detailed pictures as possible as well as your reason for requesting a refund. MySlabs will then review all information forwarded by both parties, compare with the photos and description included in the original listing and make a ruling as to whether or not a return is warranted (by cross referencing all available information with our MySlabs raw card or comic condition scale). Once a decision has been made we expect the buyer and seller in question to respect and honor the ruling made by MySlabs. If either party pursues the issue further, we will respect the opinion of the party however the offending party's account will receive a strike (or have their raw buying and selling privileges revoked immediately if the offense is believed to be egregious enough). In some instances MySlabs reserves the right to terminate a buyer or seller account for any or no reason. In some cases it may be determined that neither the buyer nor seller is at fault and neither party will receive a strike against their account. We acknowledge this is not a perfect process and that we can never be 100% accurate in our determinations but we do believe this to be the fairest approach for all parties involved. The customer service representatives we put in place will be well vetted, respected members of the hobby and experienced in dealing with raw items and or grading. For these reasons we cannot stress enough how important it is for sellers to upload detailed, high resolution images and to be as forthcoming and transparent as possible in their item descriptions.
17) As a community we encourage members to be understanding and respectful of one another. As such we do expect all sellers to take full responsibility for the content of their listings and to correct any errors within 24 hours of listing or last editing an item. We do ask buyers to show good faith and be understanding of the fact that a $10,000 card listed for $1,000 or a $1,500 card that is listed for $150 are in all likelihood the result of a typo and will not be honored. That said, it’s important to note that sellers who attempt to back out on or not honor completed sales due to a sudden increase in demand for a player as a result of any catalyst that would increase desirability will be removed from the platform.
18) MySlabs buyers agree that all purchases of both raw and graded merchandise are made as-is, at their own risk and hold MySlabs harmless in the event of a claim.
19) We encourage all members to use social media to discuss their experiences with MySlabs both good and bad. That said, any attempt by an individual to threaten the use of social media against MySlabs, it's employees or it's partners as leverage in an open dispute to obtain a solution favorable to themselves or their associates in the form of financial gain or judgment in favor of the party involved will be removed from the platform immediately and all protection and/or services typically provided by the website will be forfeited.
20) Buyers should be mindful that PayPal refunds may take 2-3 weeks in some outlying cases. MySlabs does not control the flow of funds in PayPal payment processing and thus may not always be able to influence rapid refunds. For that reason we offer alternative payment methods in which MySlabs acts as the payment processor, bypassing any outside interference.
21) While MySlabs makes an effort to reduce potential scams and fraudulent transactions on our platform and beyond into the industry we make no guarantees as to the effectiveness of these actions.
C. Guidelines and Terms of Use for MySlabs Sellers:
* Any seller who places contact information or branding of any kind in a listing's written description box or images will be promptly removed from the platform. This includes phone numbers, email addresses and social media handles including but not limited to Instagram, Twitter, Facebook, and so on.
1) Any grading company not specifically listed in the slab-type drop-down is not allowed on site. Support team members are not able field questions as to why or when any specific company will be allowed on. All such inquiries will be referred back here for reference. New products will be added at the sole discretion of MySlabs.
2) All cover photos (images that appear in the feed) uploaded to MySlabs must be flat and not tilted. All grading company certification numbers must be clear and legible. There should be no slab stands, fingers, or other objects holding up the slabs. No advertising or branding is allowed in the images. The entire slab must be in the picture and be cropped using our built-in cropper tool and as close to the slab as possible while leaving all edges and corners of your slabs visible. Horizontal slabs (slabs turned on their side) are not allowed. Slabbed products should be vertical so that flips may be read with ease. Images should be uploaded to listings showing any damage or any questionable, non-typical issue if the issue isn't obvious while looking at a front or back scan. No stock images may ever be used with the exception of wax listings.
3) If not using a scanner, photos must be taken in well-lit areas or in light-boxes in order to be listed.
4) It’s highly recommended that raw items (cards and comics) be removed from any top-loader, penny sleeve, mylar, bag, and or holder when photographed. We understand that this isn’t always practical with lots, but presenting a raw item and more importantly its flaws in a way that are true to how they appear in person is critical. Failure to do so risks losing disputes and or strikes against one’s account.
5) Raw Card Lots: The condition of a raw card lot should be expressed as an average estimated condition of the entire lot per the MySlabs condition scale. If a lot contains a key card or cards (a card or cards worth significantly more than the rest of the lot) those cards should be featured prominently in both the lot description and images. Any seller who does not indicate (in the description and images) that the key card or cards are in lesser condition than the lot average will automatically receive a strike should an issue arise, or removal from the platform if warranted as determined by MySlabs.
6) Raw Comic Lots: The condition of a raw comic lot should be expressed as an average estimated condition of the entire lot per the MySlabs condition scale. If a lot contains a key book or books (a book or books worth significantly more than the rest of the lot) those books should be featured prominently in both the lot description and images. Any seller who does not indicate (in the description and images) that the key book or books are in lesser condition than the lot average will automatically receive a strike should an issue arise, or removal from the platform if warranted as determined by MySlabs.
7) As a seller it is your responsibility to maintain your inventory and prices. If a slab sells on MySlabs that has already been sold elsewhere, the seller will be required to provide a verifiable receipt demonstrating that the transaction did in fact occur prior to the MySlabs transaction or risk losing their ability to sell on site. Sellers who continuously fail to remove previously sold items from MySlabs risk having their seller status revoked.
8) Sellers on MySlabs are required to act professionally. In addition to prompt communication and fast, secure shipping, sellers are expected to honor their sales on MySlabs (provided that they haven't sold the item elsewhere prior). Canceling a sale on MySlabs within the 24 hour payment window due to another off site offer, sale, etc is expressly prohibited and will result in the immediate removal of the seller account.
9) Sellers should only ship to the domestic US shipping address noted on the PayPal (or Stripe) invoice. This same address will be indicated on the printable address labels available in a seller’s transaction history. As an added convenience these printable address labels will also be emailed to sellers after payment is made by the buyer. DO NOT SHIP TO ANY OTHER ADDRESS. If you ship to a different address, your seller protection will be voided by the payment processor.
10) MySlabs Inc. will collect and remit sales tax on behalf of sellers. To help facilitate this sellers are required to enter a valid "Shipping From" address in their MySlabs profile. This address should be accurate for all items sold on the MySlabs platform (for added security all addresses will be run through a third party validation process when entered). All “Shipping From" addresses will be pre-populated into PayPal (and Stripe) transactions, invoices and receipts. In the event an item is returned to the seller for any reason it will be shipped back to this “Shipping From” address. Sellers are solely responsible for maintaining the accuracy of the “Shipping From” address entered in their MySlabs profile.
11) In our ongoing effort to provide the most secure and seamless peer-to-peer platform in the industry, as of 8/19/24 MySlabs has been granted certain permissions by PayPal payment processing pertaining to disputes, refunds and returns. In certain cases and at our own discretion, MySlabs will grant buyers refunds for unshipped items, incorrect merchandise as well as lost, stolen or damaged mail that warrants a refund per MySlabs’ terms of use and or buying/selling guidelines. MySlabs will also initiate any refund deemed necessary from a seller's account if a seller refuses to refund, delays a refund, or is unresponsive during a dispute or return. Using PayPal payment processing on MySlabs is an acknowledgement that you agree in full to our site policies and authority granted by PayPal.
12) Fees for sellers - For a breakdown of our fee structure by category kindly refer here. Sellers should note that payment processing fees are incurred on the entire purchase amount including sales tax and shipping (where applicable). In the event a chargeback or dispute is opened via Stripe against a seller, a nonrefundable dispute fee of $30 will apply. Paypal sellers also incur dispute/chargeback fees so we encourage all Paypal sellers to regularly refer to their PayPal user agreement for the most current rates for this and all fees. Please note that there are no seller fees or payment processing fees on PSA Vault Escrow items.
*We would also like to remind sellers that PayPal charges 1.5%-2% additional to process payments originating from international PayPal accounts. If a seller so chooses the following steps may be used to block payments from international PayPal accounts and or e-check payments.
Blocking eCheck and non US Payments from your PayPal dashboard:
Users must go into their PayPal profile on desktop then:
Select "Account Settings" >
Select "Payment Preferences" >
Select "Block Payments" >
Select "Update" >
Select "Pay with eCheck Transfer" >
Select " Block payments from users who: have non US PayPal accounts"
13) In the event a transaction processed through Stripe is successfully charged back by a buyer, MySlabs reserves the right to debit the seller’s bank account on file or submit an invoice to the seller to recover the balance. If the full balance is not available MySlabs will exhaust all legal avenues to recover the outstanding funds including but not limited to re-attempting to debit the seller’s account on file at various intervals. Any outstanding debt owed to MySlabs or it's membership is grounds for removal from the platform.
14) The only slabs allowed on MySlabs are PSA, BGS, BVG, SGC, CSG, CGC, and CBCS authenticated and or graded slabs. Sellers who upload slabs from other third-party graders risk account suspension. Sealed wax is allowed in the Wax section only. Graded wax should also be listed in the wax section.
15) Any offer initiated by a buyer will be valid for 24 hours or until the seller declines, the seller counters, or the buyer cancels. Whichever of the four events occurs first.
16) A seller must ship items AND upload tracking directly into the MySlabs platform within 3 Business days of the payment clearing. Not following this guideline will result in one's account being deactivated. Please note that if you accept e-checks you should wait to ship until the payment has cleared and is available in your PayPal balance as PayPal offers no seller protection for e-Checks that have not yet cleared. If a seller is going to be busy (on vacation, other emergency, etc.) they can go into their profile and activate "Vacation Mode" which will temporarily disable all they’re for sale items. In the event of a canceled sale or refund sellers should add "canceled" or "refunded" into the tracking box (which is located in their transaction history tab).
17) Sellers will have the ability to add a separate shipping amount when creating any listing. If a seller chooses to leave the shipping field blank, the item will indicate “Free Shipping.” If a Buyer requests special shipping, then the seller and buyer can negotiate accordingly after payment.
18) All items should be shipped fully insured with tracking to protect yourself as a seller. Above a certain price threshold signature confirmation is required by PayPal to be eligible for protection under their "Seller Protection Program". Sellers should refer to Paypal's guidelines for precise details, requirements and updates here. For higher dollar items USPS Registered Mail (details here) is a highly recommended option. It is the seller's responsibility to make sure their items are delivered to the address provided by the buyer in the condition stated. It is the buyer's responsibility to provide a safe, secure landing spot for sellers to ship to. The seller's responsibility ends when their package is delivered to the address listed in the transaction, assuming the product is as described and represented in the listing. In certain instances sellers may be found to be financially responsible if items are not insured. If an item is damaged, lost or stolen (pre-delivery) it is the seller's responsibility to handle insurance claims and refund the buyer after the item's return as directed through the PayPal return process (detailed here). Buyers are expected to be as accommodating as possible and provide ANY information PayPal requires that sellers may not be able to produce on their own.
19) There are no returns, refunds, or exchanges of collectibles or other products on MySlabs for delivered items. If the Buyer does not receive the item paid for or there is substantial damage to the item inside the slab, holder or factory packaging, the buyer and seller should communicate and come to a mutually agreeable settlement. If a settlement cannot be reached, then MySlabs may attempt to help mediate. Any slab that falls victim to minor damage during transit which would not affect the grade given during transit but warrants a re-slab shall be eligible for a re-slab fee or 1% of the total purchase, whichever is greater. Slab/Box damage will be reviewed on a case by case basis.
20) Sellers should disclose any significant scratches, chips or other damage to the slab or collectible (that is not clearly visible in the provided images) in the listing. This includes mislabeled slabs or other defects including but not limited to damage to a PSA 10 that calls the grade into question.
21) Small scratches to the slab and or small cracks or chips do not qualify for a re-slab fee. If the damage to the slab is significant but does not threaten the integrity of the item, the buyer is due a re-slab fee from the seller. If there is significant damage to a slab or holder not visible in the images on the website that threatens the integrity of the item inside the holder and or grade, a buyer may request a refund from the seller.
22) Raw Returns: Given the subjective nature of expressing raw card and comic condition we will not be able to enforce a no return policy. In the event of a dispute or desired return, all relevant information should be forwarded to the raw card or comic customer service team by sending an email to either [email protected] or [email protected] . The email should include as many detailed pictures as possible as well as your reason for requesting a refund. MySlabs will then review all information forwarded by both parties, compare with the photos and description included in the original listing and make a ruling as to whether or not a return is warranted (by cross referencing all available information with our MySlabs raw card or comic condition scale). Once a decision has been made we expect the buyer and seller in question to respect and honor the ruling made by MySlabs. If either party pursues the issue further, we will respect the opinion of the party however the offending party's account will receive a strike (or have their raw buying and selling privileges revoked immediately if the offense is believed to be egregious enough). In some instances MySlabs reserves the right to terminate a buyer or seller account for any or no reason. In some cases it may be determined that neither the buyer nor seller is at fault and neither party will receive a strike against their account. We acknowledge this is not a perfect process and that we can never be 100% accurate in our determinations but we do believe this to be the fairest approach for all parties involved. The customer service representatives we put in place will be well vetted, respected members of the hobby and experienced in dealing with raw items and or grading. For these reasons we cannot stress enough how important it is for sellers to upload detailed, high resolution images and to be as forthcoming and transparent as possible in their item descriptions.
23) If Approved, international sellers are welcome on MySlabs. International sellers are required to add the correct "Shipping From" address in their profiles. This will automatically populate in their listings so potential buyers know ahead of time what country items will be shipped from (and to expect delays beyond typical shipping times). Individuals shipping from vault accounts are required to make a clear note in the listing title so buyers are aware. (Ships from PSA Vault, etc.)
24) Payments processed through Paypal are subject to the terms, conditions and privacy policies of PayPal. PayPal has the sole authority to reverse all transactions executed on our platform through PayPal Marketplace. MySlabs makes no guarantees of any kind with regard to shipments between users. PSA Vault Escrow purchases notwithstanding we are strictly a peer-to-peer marketplace and never touch inventory and or get involved in the fulfillment process in any way therefore MySlabs is not responsible for any lost, stolen, or damaged items. Payments on the platform processed through PayPal are protected by PayPal’s Seller Protection. As such we strongly urge all sellers to carefully review the relevant guidelines and requirements dictated by PayPal in their user agreement under the section called PayPal’s Seller Protection Program here. Please note that if you accept e-checks you should wait to ship until the payment has cleared and is available in your PayPal balance as PayPal offers no seller protection for e-Checks that have not yet cleared. In the event of a dispute MySlabs always makes a best effort to support members who we deem to be acting in good faith, but the ultimate decision on a dispute is PayPal’s.
25) As a community we encourage members to be understanding and respectful of one another. As such we expect all sellers to take full responsibility for the content of their listings and to correct any errors within 24 hours of listing or last editing an item. This is especially important if there’s an error in the listing price of an item such as leaving out a digit (e.g. $100 instead of $1,000). It’s important to note that sellers who attempt to back out on or not honor completed sales due to a sudden increase in demand for a player as a result of a big game, big news, etc. will be removed from the platform. No form or reason of seller's remorse will be tolerated.
26) With the sole exception of pre-sale wax, sellers are required to be in possession (themselves, a partner or in a vault account they own) of all items being listed for sale. Due to the plethora of issues that often arise “market arbitrage” or the practice of listing items for sale that you are not yet the owner of is strictly prohibited. All presale items must be able to be fulfilled if listed. In the event that a purchase is not able to be fulfilled, the seller account may be suspended.
27) MySlabs makes no guarantee with regard to the condition and or authenticity of any items (raw or slabbed) listed for sale by platform sellers. By choosing to sell on the MySlabs platform sellers agree to assume full responsibility for all items they list for sale.
28) We encourage all members to use social media to discuss their experiences with MySlabs both good and bad. That said, any attempt by an individual to threaten the use of social media against MySlabs, it's employees or it's partners as leverage in an open dispute to obtain a solution favorable to themselves or their associates in the form of financial gain or judgment in favor of the party involved will be removed from the platform immediately and all protection and/or services typically provided by the website will be forfeited.
* All customer service requests for raw card orders should be directed to [email protected]
Raw Card Condition Scale:
First and foremost, no card may be listed above nrmt/mt and no buyer should ever expect anything over nrmt/mt when receiving a card. Assessing condition can be extremely subjective and you are buying raw cards off of a platform that was built for graded card collectors. This means that the owners of these cards have likely reviewed the raw cards that they are listing and made the determination that the cards do not meet their own minimum condition requirements to submit for grading. That's not to say there are no gem-mint cards listed on site, however, we need buyers to understand and come to terms with the idea that the highest grade or condition they should be expecting is nrmt/mt.
MYSLABS A (nrmt/mt): A nice overall (nrmt/mt or better) card with one or more minor imperfections present. Commonly referred to as "pack fresh".
Acceptable flaws for this category include:
Corners: Two soft corners or one lightly dinged corner.
Edges: Clean overall edges free of noticeable wear.
Surface: Small, faint surface scratches not easily noticeable at first glance. Vintage may have a light wax stain or residue.
MYSLABS B (ex/nrmt): An upper-mid grade card with several minor imperfections present.
Acceptable flaws for this category include:
Corners: Up to four soft corners or two lightly dinged corners.
Edges: Light wear on edges not easily noticeable at first glance.
Surface: A light surface flaw or two that are easily noticeable.
MYSLABS C (vg/ex): A mid to lower-mid grade card with noticeable wear but not abuse.
Acceptable flaws for this category include:
Corners: Up to four slightly rounded corners. This category allows for a bent or creased corner.
Edges: Noticeable wear and or chipping throughout.
Surface: Noticeable surface flaws that may be present on both front and back.
MYSLABS D (good/vg): A noticeably damaged card.
Acceptable flaws for this category include:
Corners: Are all clearly worn.
Edges: Chipping and or damage is evident.
Surface: Noticeable surface flaws including multiple hairline creases.
MYSLABS E (poor/fair): Low grade vintage or severely damaged modern. A card with clear signs of neglect and or abuse.
Acceptable flaws for this category include:
Corners: All may be severely damaged or missing pieces.
Edges: All may be severely damaged or missing pieces.
Surface: Card may have been bent in half or have pieces missing. Multiple creases, ink stains and or water stains may be present.
* Special Raw Card Considerations:
Raw Card Lots:
The condition of a raw card lot should be expressed as an average estimated condition of the entire lot per the MySlabs condition scale. If a lot contains a key card or cards (a card or cards worth significantly more than the rest of the lot) those cards should be featured prominently in both the lot description and images. Any seller who does not indicate (in the description and images) that the key card or cards are in lesser condition than the lot average will automatically receive a strike should an issue arise. While it is suggested that raw cards be removed from any top-loader, penny sleeve and or holder when photographed we understand that this isn’t always practical with lots. That said presenting key cards from lots and more importantly their flaws in a way that are true to how they appear in person is critical. Failure to do so risks losing disputes and or strikes against one’s account.
“Factory Sealed” Raw Cards:
Higher end cards as well as several older, limited releases may come in a factory sealed one touch. In these situations having the factory sealed sticker intact is considered more desirable than if the sticker has been removed or tampered with. For this reason it may be slightly more difficult for sellers to accurately determine and convey condition. That said these cards are subject to the same grading criteria as typical (unsealed) raw cards and sellers must do their best to disclose any condition issues they are able to determine through the factory sealed one-touch.
* Redemption stickers, breaker stickers and aftermarket sealed products are NOT considered factory sealed items and are subject to the same grading standards as raw once removed by the buyer.
Relic Window Damage:
Relic windows often present interesting issues in terms of condition. To date no major grading agency outlines how these areas truly affect a grade or to what degree. Because of the nature of relic windows (having delicate edges and in some cases extremely intricate cuts) any damage should be shown in the photo gallery and detailed in the item description. Failure to note damage to a relic window may not void the sale but may lead to a strike against a seller if a claim is raised by a buyer after having received the card.
* All customer service requests for raw comic orders should be directed to [email protected]
Raw Comic Condition Scale:
The MySlabs raw grading scale is based on the standards set by Overstreet that most comic collectors are very familiar and comfortable with. We're choosing to keep the groupings more general without adding the +/- element as grading is an inherently subjective process and there will always be small differences of opinion. Even professional grading services like CGC and CBCS acknowledge that the same book may not always receive the same grade if it is submitted for grading more than once. Thus we implore all buyers to inspect all images in each listing to determine if the book is in acceptable condition according to their own standards, despite what the seller may have it classified as. Keep in mind that according to our condition scale, all raw books likely have condition issues that may not be fully expressed in the listing. Buyers need to familiarize themselves with the scale and expect the books they're purchasing to fall in the category listed.
Near Mint (NM) condition:
A strong copy that looks brand new with only a few very minor defects. Acceptable minor defects on a NM copy include a very small amount of spine stresses without color breaks, very minor instances of denting (two or three at most), slight corner blunting and or minor (less than 1/8") bends without color breaks. It's fairly common for a comic shipped new from the publisher or purchased new from your local comic shop to already be in less than near mint condition due to the way the comic was produced, shipped, stored or handled prior to purchase.
Very Fine (VF) condition:
A VF copy clearly exhibits minor defects but is in overall excellent condition. Most well-kept modern comics (especially if they have been read) fall into this grade. Acceptable defects on a VF book are minor and include: Minor corner wear, a light accumulation of spine stress that may include a color-break, a light accumulation of dents and or bends/folds of less than 1/4". Note that on a VF copy some color-break is allowed in a bend/fold.
Fine (FN) condition:
A comic in FN condition is considered "above average" but still displays some wear. In general, the eye appeal is somewhat reduced due to either an accumulation of minor defects or one or two moderate defects. Acceptable defects on a FN copy include: Slight spine roll, a moderate accumulation of spine stresses that may break color, a spine split of less than 1/2", minor water spotting or residue (less than the size of a dime), an impacted corner and or moderate foxing.
Very Good (VG) condition:
A comic in VG condition shows some significant wear but has not accumulated enough total defects to reduce eye appeal to the point that it is not a desirable copy. A VG copy may have an accumulation of minor defects or one or two major ones. Acceptable defects on a VG copy include: Spine roll, 1/2" to 1" spine splits or other tears, a cover or centerfold that is detached at one staple, discoloration due to oxidation and or a moderate accumulation of water damage or staining.
Good (GD) condition:
A GD copy has major defects but is still complete and readable. A GD copy will have a significant amount of damage, usually an accumulation of smaller defects punctuated by some major defects. Acceptable defects on a GD copy include: A vertical book-length crease, 1.5"-2" spine split, cover or centerfold completely detached, major tears, heavy discoloration/brittleness due to oxidation, heavy amounts of staining and water damage.
Fair (FR) condition:
A FR copy will have virtually no eye appeal and will display major damage. A comic book in FR condition may have non-story elements such as coupons, portions of ad pages, or Marvel Value Stamps cut or torn out of the book, but all story and art will be complete. If an entire ad page is missing that would drop the grade to Poor. Types of damage that place a comic in FR range include: A spine split of up to 2/3 the length of the book, a missing back cover provided the front cover is still attached, severe water damage, mold and or paper deterioration due to oxidation.
Poor (PR) condition:
Comic books in PR condition may be missing up to 4 pages (two spreads) of story or ad pages, have a completely split spine or display severe damage that affects the readability of the book.
* Special Raw Comic Considerations:
Raw Comic Lots:
The condition of a raw comic lot should be expressed as an average estimated condition of the entire lot per the MySlabs condition scale. If a lot contains a key book or books (a book or books worth significantly more than the rest of the lot) those books should be featured prominently in both the lot description and images. Any seller who does not indicate (in the description and images) that the key book or books are in lesser condition than the lot average will automatically receive a strike should an issue arise. While it is suggested that raw comics be removed from any mylar, bag and or holder when photographed we understand that this isn’t always practical with lots. That said presenting key comics from lots and more importantly their flaws in a way that are true to how they appear in person is critical. Failure to do so risks losing disputes and or strikes against one’s account.
Missing Elements:
Raw comic sellers must make note of any missing story pages, missing advertisements and or missing Marvel Value Stamps. Failure to do so will warrant a valid return by the buyer and result in a strike against the seller’s account.
F. You Just Made A Purchase, What’s Next?
Congratulations on making a purchase through the MySlabs platform! Here's what you should do next and what to expect in return:
1. The first step after purchasing an item would be to remit payment via PayPal, Stripe or Wire/ACH within 24 hours. Please remember buyers who fail to do so are automatically deactivated by our system and would have to then request reinstatement, at which point in time you will need to resubmit your offer.
2. During the checkout process it is the buyer's responsibility to provide an accurate and secure shipping address to the seller. The seller's responsibility ends when their package is delivered to the address listed in the transaction, assuming the product is as described and represented in the listing. MySlabs makes no guarantees of any kind with regard to shipments between users. PSA Vault Escrow purchases notwithstanding we are strictly a peer-to-peer marketplace and never touch inventory and or get involved in the fulfillment process in any way therefore MySlabs is not responsible for any lost, stolen, or damaged items. Payments on the platform processed through PayPal are protected by PayPal’s Purchase Protection. As such we strongly urge all buyers to carefully review the relevant guidelines and requirements dictated by PayPal in their user agreement under the section called PayPal’s Purchase Protection Program here. Payments made through the debit/credit option are protected by the creditor. Because each bank/creditor has their own unique client protection we strongly suggest familiarizing yourself with any creditor's policies you intend to use.
3. After remitting payment, buyers should keep in mind that sellers are required to ship and upload tracking directly into the MySlabs platform within 3 business days. Please remember all MySlabs sellers must apply, go through screening, and be approved. This said please give these vetted sellers the allotted time before sending emails for updates, tracking, and so forth. If 3 business days pass and tracking has not been provided, buyers should then contact the seller with the contact email address provided in your MySlabs transaction history tab for an update. If a buyer is unable to reach a particular seller (assuming the 3 business days have already passed) the buyer should then contact MySlabs support and a team member will help the buyer contact the seller in question. If MySlabs is unable to get in touch with the seller, the buyer will be instructed to start a refund request and the seller's account will be deactivated in a last attempt to spur the seller into providing an update on the card in question. Please be patient as these situations are typically an oversight by the seller and the items more often than not have already shipped.
4. After receiving tracking buyers are expected to remain calm and respectful should any carrier related delays occur. These delays are neither the seller's nor MySlabs' fault and are common with every courier service worldwide. No buyer should start a refund request until the item is determined to be lost or stalled at a location, typically 3 weeks after being scanned with no further update, and after speaking to the MySlabs customer service staff. It's important to keep in mind that USPS has issues several times a year during high volume shipping periods with items not updating past the label created stage. Rest assured that this is a common issue and we will monitor all cases where this occurs. In most cases the item in question is delivered without any additional updates or scans.
5. Once a package is delivered buyers have 24 hours to report any major damage or shipping error to the seller and to MySlabs. Major damage does not include superficial scratches and or nicks on a slab that are widely accepted in the industry. If you are not going to be able to inspect your MySlabs purchases within 24 hours you should contact the seller(s) to arrange delivery for when you will be available to do so. Items being held at any location, for any reason, may also be subject to the same policy. All packaging should be saved by the buyer for MySlabs records and to be shipped back to the seller if the insurer is requiring the packaging to be inspected.
6. Due to the subjective nature and evolution of grading, no buyer is due a refund if they attempt to cross, reholder or bump any item if no obvious damage is present (to the naked eye). A grader's unwillingness or inability to do any of these actions on any given day is not considered an absolute on the opinion of the item.
Major damage/shipping errors include:
A. Destruction of the item due to the mail carrier.
B. Significant slab damage that calls into question the integrity of the card or grade given.
C. You've received the wrong item.
D. Obvious damage to a card that would negate the original grade given (this does not include minor issues on PSA 10's).
E. Receiving a counterfeit item (slab or card).
F. Damage to a slab (or card) that looks intentionally obscured in the seller provided images.
G. You Just Made A Sale, What’s Next?
Congratulations on making a sale through the MySlabs platform! Here are the next steps to take and important points to remember:
1. Buyers are required to remit payment within 24 hours of committing to purchase. Please be patient and allow buyers the allotted time before emailing for an update. Should a buyer fail to pay within the 24 hour window your item will automatically be re-listed and the buyer's account will be deactivated.
2. MySlabs sellers are required to ship and upload an accurate tracking number in their transaction history tab within 3 business days of the payment clearing. As soon as you receive confirmation that the payment has been made you should be preparing your item for shipping. Please note that if you accept e-checks you should wait to ship until the payment has cleared and is available in your PayPal balance as PayPal offers no seller protection for e-Checks that have not yet cleared.
3. Sellers are to ship to the address on the PayPal invoice or that which is provided by the buyer during the Stripe checkout process only. Not doing so negates all Seller Protection.
4. Shipping is at the seller’s discretion, but preferred couriers are USPS, FedEx, and UPS. Media mail is not an acceptable form of shipping. As a best practice MySlabs recommends 2 layers of packing such as a bubble mailer within a box, a box within a larger box, and so on. Bubble wrap, packing peanuts, cardboard layers, etc. are all highly recommended. No one likes damage during shipping and the resulting return requests that come as the result of poor packing. All wax shipments should be packaged securely inside of an exterior box. Boxes and cases shipped solely in the original factory packaging risk damage that may be unacceptable to the buyer and run a higher risk of being stolen through the delivery process.
5. Regardless of the chosen courier, sellers are strongly encouraged to both insure their shipments for the full purchase price (through the carrier and or through collectibles insurance policies), to save proof of shipment and to always require a signature at the time of delivery. For higher dollar items USPS Registered Mail (details here) is a highly recommended option. If a seller chooses not to take these simple common sense precautions, options to help them in the event of a lost or damaged package become very limited. Ultimately it is the seller's sole responsibility to make sure their customers receive the item that was purchased in the condition in which it was listed.
6. After shipping, sellers are required to add tracking details to their items directly in the MySlabs platform. This is the respectful, courteous thing to do as it automatically lets their customers know that things are moving along as expected. If you choose not to purchase tracking or do not upload it in your transaction history tab to properly notify customers of shipment you risk account suspension and effectively forfeit all protection in the event of a claim. In the event of a canceled sale or refund, sellers should add "Canceled" or "Refunded" into the tracking box before publishing.
7. Sellers are expected to provide customer service on their orders. Prompt, courteous responses to reasonable email requests for updates from their customers are expected. Sellers who repeatedly fail to respond to their customers and or force their customers to file complaints with MySlabs will have their selling privileges revoked.
H. Process for PSA Vault Escrow Purchases:
All purchases of PSA Vault Escrow items MUST go through an escrow process. The MySlabs escrow service is in partnership with the PSA Vault, the official vault of PSA and Goldin. The PSA Vault team will be handling logistics, storage and final fulfillment to (or on behalf of) the buyer. All questions regarding PSA Vault orders should be directed to the MySlabs customer service team at [email protected]
What Buyers Need to Know:
* Buyers must have or create a PSA Vault Account here and enter their account information in their MySlabs profile to bid.
* Wire/ACH is the only method of payment for PSA Vault Escrow items.
* Buyers are NOT required to have a pre-funded balance to bid.
* Fees: A 3% buyer’s premium will be added to all PSA Vault Escrow purchases at checkout.
* Buyers are required to initiate payment and update their transaction’s status from "Payment Pending" to “Payment Sent” within 24 hours.
* Purchase Protection for Buyers against counterfeit items and or slabs.
The Exact Process Will Work as Follows:
1) Anyone who wishes to purchase a PSA Vault Escrow item MUST have or create a PSA Vault Account here. Buyers should then enter their account information in their MySlabs profile tab.
2) After completing checkout buyers should refer to their transaction history tab for their invoice and Wire/ACH instructions for the MySlabs escrow account. Buyers are then required to initiate the payment within 24 hours and update the transaction’s status from "Payment Pending" to “Payment Sent” in either their transaction history or action required tab. This will notify the seller as well as the MySlabs team.
3) As soon as funds are received by MySlabs the status of the transaction will display “Payment Received”. The seller will immediately be notified and instructed to ship the item to the MySlabs escrow account at the PSA Vault. A packing slip with the appropriate shipping address will be located in the seller’s transaction history tab. Sellers are required to print and include this packing slip in the package with the item for proper identification. It is the seller’s responsibility to get the item to the PSA Vault safely and as described. In this regard overnight shipping with private insurance is always a best practice that should be adhered to. As with all MySlabs transactions sellers have 3 business days to ship and upload tracking for their item. Once tracking is uploaded in the system the status of the item will be updated to “Item Shipped”
4) Once received items will be scanned by the PSA Vault team and then verified by MySlabs. Any slabs submitted via the partnership will be reviewed prior to entering the PSA Vault. In the event a slab does not pass this initial review, MySlabs will be immediately notified and funds will be returned to the buyer. The seller will also be notified of the issues and the item will be returned to them. Upon successful completion of this intake process the status of the transaction will be updated to “Item Received”. If they haven't already done so, at this point sellers should provide their banking information to the MySlabs team via the "Payout Request Form" located in their transaction history tab.
5) After verification, MySlabs will transfer the item to the buyer’s account at the PSA Vault and pay out the seller via Wire/ACH. At this point the transaction’s status will be updated to “Transaction Completed” and the buyer will see their item in the PSA Vault and will have access to all services provided by PSA Vault. All shipping and insurance costs associated with shipping to or on behalf of the buyer are the sole responsibility of the buyer and will be paid directly to the PSA Vault. Once in the PSA Vault all items are subject to the terms, conditions and fees outlined on their website here.
6) Fees: A 3% buyer’s premium will be added to all PSA Vault Escrow items at checkout. The seller fee for all PSA Vault Escrow items will be 0% and there are no payment processing fees. Sellers will receive 100% of the agreed upon price between them and the buyer.
7) Only cards and comic books slabbed and authenticated by the grading companies specifically listed in the respective slab-type drop-downs may be listed in the PSA Vault Escrow sections (no raw singles or raw lots whatsoever). MySlabs reserves the right to move or delete any items not appropriately listed at its discretion. This is including but not limited to listings with poor quality images that either aren't cropped properly or lack clarity. Sellers of PSA Vault Escrow items should be providing as much detail as possible and are encouraged to use more than the 2 photo minimum to do so.
8) Only boxes and cases that are wrapped/sealed by BBCE and or the original manufacturer may be listed. Unsealed boxes with loose packs and unsealed cases with loose boxes are NOT allowed in the PSA Vault Wax section.
9) Both buyers and sellers can monitor the current status of their PSA Vault Escrow orders in their Transaction History tab. A transaction's current status will always be displayed as one of the following:
* PAYMENT PENDING - Buyer has committed to purchase via checkout but has yet to initiate the Wire/ACH.
* PAYMENT SENT - Buyer has confirmed that the Wire/ACH has been initiated on their end.
* PAYMENT RECEIVED - MySlabs has received funds from the buyer.
* ITEM SHIPPED - Seller has shipped the item and uploaded tracking information.
* ITEM RECEIVED - MySlabs has received the item in its PSA Vault escrow account.
* TRANSACTION COMPLETED - MySlabs has verified and transferred the item to the buyer via their PSA Vault account. MySlabs has also initiated the pay-out to the seller.
10) MySlabs Buyer Protection: As part of our ongoing commitment to our members and bettering the industry, MySlabs has secured an insurance policy to assist in the unlikely event that an item purchased through our escrow service is deemed inauthentic. To file a claim under this policy buyers must follow this process:
A. All claims must be made within 60 days of the item being removed from the PSA Vault by the buyer never to exceed 240 total days from the date the item entered the PSA Vault. This means that if a buyer leaves their asset in the PSA Vault for 180 days they have an additional 60 days to file a claim with MySlabs. If a buyer takes the item out at any point prior to 180 days, the 60 day claim window starts the day it leaves the PSA Vault. If a buyer leaves the asset in the PSA Vault beyond 180 days they would have the balance of 240 days to file a claim.
B. Once a complaint has been filed MySlabs will collect all relevant information including but not limited to buyer concerns. If there is enough compelling evidence to question the authenticity of the item we will recommend sending the item to PSA for review.
C. Should the item be deemed inauthentic by PSA the seller of the item will be held accountable and fully responsible to the buyer and/or MySlabs for any loss or damages which at minimum will be an immediate and full refund. Should the seller fail to fully reimburse the buyer in a reasonable timeframe, for any reason, MySlabs may opt to cover the debt and subsequently pursue the seller for the full balance by all means necessary.
D. By using the PSA Vault escrow service both buyers and sellers acknowledge and agree to both MySlabs and PSA Vault terms and conditions in full. Sellers acknowledge that they alone are financially responsible for any loss a buyer may sustain due to an item being deemed inauthentic both during the MySlabs escrow insurance window and at any point afterwards. Sellers also acknowledge that while MySlabs may cover a buyer's claim they are responsible for reimbursing MySlabs for any financial loss or damages resulting from an authenticity claim.
11) Because MySlabs has no way of controlling the environment in which BBCE wrapped and or factory sealed boxes and cases are opened, buyer protection on sealed wax only goes as far as the wrap or seal itself. Therefore, any authenticity claim must be made PRIOR to opening the wrap or seal. If a buyer does make an authenticity claim within the allotted 120 day window and it's then determined that a wrap or seal has been tampered with or broken in any way, all buyer protection is forfeited.
I. Customer Support Directory:
* [email protected] (Support for existing raw card orders.)
* [email protected] (Support for existing raw comic orders.)
* [email protected] (Support for new buyer and seller accounts.)
* [email protected] (Support for existing orders.)
* [email protected] (All inquiries related to account suspensions and re-activation requests.)
* [email protected] (All general inquiries beyond the scope of the communication channels outlined above.)
J. MySlabs Fee Breakdown by Categories:
Product Category | Seller Fee | Buyer Fee | *Payment Processing Fee (PayPal/Stripe) |
---|---|---|---|
Slabbed Cards | 2% | 1% | 3.49% + $.49 |
Slabbed Comics | 2% | 1% | 3.49% + $.49 |
Wax | 2% | 1% | 3.49% + $.49 |
Raw Cards | 3% | 1% | 3.49% + $.49 |
Raw Comics | 3% | 1% | 3.49% + $.49 |
Product/Supplies | 2% | 1% | 3.49% + $.49 |
Memorabilia (Coming Soon) | 2% | 1% | 3.49% + $.49 |
Funko Pops (Coming Soon) | 2% | 1% | 3.49% + $.49 |
Toys (Coming Soon) | 2% | 1% | 3.49% + $.49 |
Coins/Currency (Coming Soon) | 2% | 1% | 3.49% + $.49 |
Video Games (Coming Soon) | 2% | 1% | 3.49% + $.49 |
PSA Vault Escrow | 0% | 3% | No Processing Fees - Wire/ACH only |
MySlabs reserves the right to initiate and grant refunds at their discretion on behalf of MySlabs sellers for any reason during or after claims, disputes, refunds or any instance which MySlabs deems necessary.
L. Affiliate Programs and Partners
Clicking links on our website to any 3rd party site (such as eBay) may result in a small commission being earned by MySlabs if a purchase is made within a certain timeframe.
Likewise, MySlabs also offers an affiliate program through which we pay out a small commission. To learn more, visit here1. All of the standard buying and selling guidelines and best practices used when transacting on the MySlabs Fixed-Price/best offer Marketplace will apply to MySlabs Auctions.
2. Weekly auction events will begin closing each Friday evening at 10:00 pm EST. When creating an auction listing, sellers will have the option to add items to the current Friday night event or the following week's Friday night closing. Either choice will insert the item directly into the auction feed to accept bids immediately. Items may be created and listed in an auction event at any point throughout the week.
3. Sellers have the option to run both reserve and no-reserve auctions. Sellers may also set a starting bid of $1 or greater.
4. Any max bid entered that meets or exceeds a seller's reserve will set that reserve price as the new current bid.
5. Listings cannot be canceled by the seller in the final 24 hours of the main auction (ending each Friday at 10:00 pm EST).
6. Auction bids are considered binding and cannot be canceled by the buyer. Standard bidding practices apply. In the event that two matching max proxy bids are entered by two different users, the max proxy bid entered first will represent the winning bidder. Bidders may raise their max bid at any time. Bidders currently winning an auction who do so will not affect the current winning bid.
7. The standard minimum bid increment is 1% of the current bid price. This increment applies to placing both minimum bids and proxy bids.
8. All unsold auction items (no bids, reserve not met) will be moved to a seller’s NFS tab (located in their Seller Inventory) immediately upon closing. Any auction item that goes unpaid will be relisted in the seller's NFS inventory.
9. NFS items are able to be relisted into an upcoming auction, listed in the buy It Now / best offer feed or deleted.
10. All notifications for bids, sales, extended bidding, auction close, etc will be sent via email and text (if the user has set up text alerts in their profile page).
11. Extended Bidding:
a) At 10:00 pm EST each Friday, the extended bidding session will begin. Extended bidding is on a per lot basis. Bids on a single lot will extend that lot only, NOT the entire auction. You do not need to have placed a prior bid to participate in the extended bidding session. There are no restrictions whatsoever on placing bids in extended bidding.
b) The standard extended bidding windows are set to 3 minutes.
c) All lots that receive a bid in the final 3 minutes of the main session (09:57 pm-10:00 pm EST) will be extended to close at the end of the first 3 minute extended bidding window, ending at 10:03 pm EST.
d) If a lot does not receive a bid in the final 3 minutes of the main session, the lot will close promptly at 10:00pm EST.
e) Once the extended bidding session begins, any bid in the current 3 minute extended bidding window will extend the closing time of the lot in question to the end of the subsequent 3 minute window. For example, if a lot receives a bid at 10:01, the close of the lot gets extended from 10:03 pm to 10:06 pm. If the same lot then receives a bid at 10:05 pm, the close of the lot gets extended from 10:06 pm to 10:09 pm.
f) Once a lot progresses through an entire 3 minute extended bidding window without receiving a bid, the lot will close.
g) All of a user's bid on or tracked items can be displayed in their "bids, offers and tracked" tab located in the top right corner of the website. Utilizing this tab during extended bidding will maximize the user's ability to bid on multiple lots quickly.
h) There is no sniping in extended bidding. Be sure to get your bids in early enough at a max that you're comfortable with. Waiting until the final seconds to bid is a risky proposition and will not win an auction in this format.
i) Buyers who fail to pay within 24 hours of auction's close will automatically have their accounts deactivated. Reinstatement will require purchasing the item(s) at the figure in which they were won. Sellers have the right to refuse to honor the sale if the item initially goes unpaid for.
12. Shill Bidding:
MySlabs takes member security and market integrity seriously. Any individual(s) believed to have engaged in shill bidding or market manipulation will be removed immediately. That said, we expect users to understand that a new auction product is bound to produce many bids from users with little to no transaction history as we attract new and previously inactive members. MySlabs will carefully review any bidding activity that raises suspicion of manipulation and act accordingly.
Full Legal Terms and Conditions:
A. About Us:
Welcome to MySlabs.com (the “Website”). My Slabs, Inc (“My Slabs”, “us”, “we”, or “our”) provides an online marketplace where sellers can post their collection of items for sale (“Sellers”) and buyers can purchase items (“Buyers”) offered by Sellers through our Website. Any such transactions are directly between Buyer and Seller. We are not a party to the sale of any of the goods offered through the marketplace. We do this through the services offered on the Website and by the products and services otherwise offered by us (together with the Website, Content (defined below), and all of the products and services offered by us, our “Services”). By accessing or using our Services, you the end user of our Services (together with Sellers and Buyers, collectively “User”, “you”, or “your”), expressly agree to be bound to and to abide by these Terms of Service (“Terms”), our Privacy Policy, and any other policy we may develop from time to time (collectively, “Policies”), which create legal and enforceable agreements whether or not you register for a user account (a “Profile”) with us, or whether or not you obtain, transmit, post, send, receive, link, email, upload, download, submit or otherwise communicate (“Post”): an Item (defined below), text, ratings, images, video, audio, graphics, links, electronic messages, or any other input and data (collectively, “Content”) using our Services to us or other Users. If you do not agree to be bound to or to abide by these Terms of Service and our other Policies, do not browse our Website or use our Services.
BY ACCESSING OUR SERVICES, YOU (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU HAD SIGNED THESE TERMS.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.
B. Terms of Sale
1. All Users agree that items listed for sale are sold in “as is” condition, with No Returns, Refunds or Exchanges.
2. NO RETURNS, REFUNDS OR EXCHANGES FOR ANY ITEM PURCHASED THROUGH THE SERVICES except for the following situations:
a. If there is extensive damage to the Item’s protective container or holder, a Buyer may request a credit not to exceed the purchase price from the seller after providing sufficient photographic evidence of the damage to the Seller. Please note that scratches on the surface of the holder or chips or cracks in the holder may not qualify for any credit.
b. If a Seller ships the wrong item to a Buyer, a full refund is warranted after the item is returned to the seller in accordance with the appropriate return guidelines.
c. PSA Vault Escrow items that are sold and later found to be counterfeit as confirmed by the original grading agency. In this unlikely event, if a seller is unable to initiate a full refund, MySlabs will exhaust all avenues to recover any losses absorbed by the buyer and or ourselves. By listing items in the PSA Vault sellers assume all financial and legal responsibility for the accuracy and content of their listings.
C. Terms of Service:
1. Service Conditions and Fees.
a. You cannot use the Services unless you are at least 18 years of age. By using or accessing the Services, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have the right, authority and capacity to agree to, and abide by these Terms; and (c) you shall not use the Services, or any rights granted hereunder for any unlawful purpose or any purpose which violates these Terms.
b. Sellers Fees.
Fees for sellers are based on one's usage of the site therefore a seller/usage fee is calculated as a percentage of the transaction amount and is billed along with successful sales. Sellers of Slabbed Cards, Slabbed Comics and Sealed wax are charged a minimum seller fee of 2% of the agreed upon or buy it now price. Sellers of Raw Cards and Raw Comics are charged a seller fee of 3%. Fees are used solely at the discretion of MySlabs for the support and maintenance of the platform. *Note as all regular (non escrow) marketplace payments are processed by either PayPal (Good and Services) or Stripe, payment processing fees also apply. Stripe fees through MySlabs are currently 3.49% plus $.49 per transaction. In the event a chargeback or dispute is opened up against a Stripe seller a fee of $30 will apply. Paypal sellers also incur dispute/chargeback fees so we encourage all Paypal sellers to regularly refer to their PayPal user agreement for the most current rates on this and all fees. Please note that there are no seller fees or payment processing fees on PSA Vault Escrow items.
*We would also like to remind sellers that PayPal charges 1.5%-2% additional to process payments originating from international PayPal accounts.
c. Buyer’s Fees.
Fees for buyers are based on one's usage of the site therefore a 1% buyer/usage fee (calculated as a percentage of the agreed upon or buy it now price) is billed along with successful purchases, with the exception of PSA Vault purchases. PSA Vault purchases include a 3% buyer fee. Fees are used solely at the discretion of MySlabs for the support and maintenance of the platform.
d. Sales Tax.
Where applicable, sales tax will be added to all purchases and remitted on behalf of platform sellers. Buyers who have tax exempt status should upload their resale certificate information into their MySlabs profile.
e. Refunds.
At our own discretion, MySlabs will grant buyers refunds for unshipped items, incorrect merchandise as well as lost, stolen or damaged mail that warrants a refund per MySlabs’ terms of use and or buying/selling guidelines. MySlabs will also initiate any refund deemed necessary from a seller's account if a seller refuses to refund, delays a refund, or is unresponsive during a dispute or return. Using PayPal and Stripe payment processing on MySlabs is an acknowledgement that you agree in full to our site policies and authority granted by PayPal and Stripe.
2. Duration of License to Access Services. These Terms provide you with a personal, revocable, non-exclusive, non-assignable, non-transferable, limited and temporary license to access and use the Services. We shall be entitled to terminate, restrict, or suspend this license granted to you with immediate effect and without notice, including but not limited to by deleting your Profile or otherwise restricting your ability to access or use the Services, for any reason, as determined by us.
3. Profiles.
(a) To Use certain aspects of our Services, you must create a Profile. If you choose to create a Profile with us, then you agree to provide true, accurate, current and complete information as prompted by our registration form, and to maintain and promptly update the information you provide to us in order to keep such information true, accurate, current and complete. It is your obligation to maintain and control passwords to your Profile. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR PROFILE, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to immediately notify us of any unauthorized uses of your username and password and/or any other breaches of security. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft. You agree we will not be liable for any loss or damages caused by your failure to comply with your security obligations.
(b) As part of the Profile registration process, Users may indicate their personal taste preferences. This Content will be publicly displayed on our Website.
4. Sellers.
(a) Posting Options. Sellers who create a Profile with us may Post offers to sell a collectible (an “Item”) through our Website. There is no individual listing fee for Posting Items to our Website. Sellers are charged on a per transaction basis based on a percentage of value of collectible(s) sold.
(b) Item Posting and Removal. We may monitor the Items that Seller’s propose for Posting on the Website and reserve the right to refuse to Post or delete any Item or other Content for any reason or no reason, as determined by us in our sole discretion, although we have no obligation to do so. Sellers may remove Item Postings from our Website by accessing that Seller’s Profile. In connection with Items, Sellers must communicate with Buyers by contacting the Buyer directly. As noted in Section 6 and Section 7 below, all transactions between Sellers and Buyers are between those Users alone, and therefore Sellers agree that each Seller is independently responsible for collecting and paying all taxes associated with the sale of Items to a Buyer and Items they Post.
(c) Sellers agree that any Items Posted by such Seller may be searched, displayed, accessed, downloaded, copied, and otherwise referred to by other Users and MySlabs, in our absolute discretion. Each User (i) represents and warrants that all Item information provided by that User will be accurate; (ii) agrees that such User will not Post an Item on our Services for activities that are unlawful; and (iii) agrees to administer the Items provided by such User and maintain the accuracy of Item Postings at all times. You acknowledge and agree that you are responsible for any and all Items you Post. Accordingly, you represent and warrant that any Item you Post is in compliance with all applicable laws and regulations that may apply to any such transaction, and does not conflict with the rights of third parties. We assume no responsibility for a User’s compliance or lack of compliance with any applicable laws, rules or regulations.
(d) Sellers agree that Sellers (and not MySlabs) are responsible for arranging for the delivery or pickup of Items sold to Buyers using our Services. The shipping or delivery options offered to a Buyer are at the discretion of the individual Seller.
i. We strongly encourage Sellers to pack carefully, using appropriate packing material to protect the Item.
ii. We strongly encourage that Sellers use require signature on delivery and insure the Items that are shipped.
iii. There are no returns or exchanges of the Items sold through the Services other than outlined in the buying and selling guidelines. Paypal may require refunds or returns on certain transactions, and Sellers agree not to hold MySlabs responsible in any way, including for fees.
(e) Compliance with Laws. By using the Services, Sellers represent and warrant that they shall: (i) shall comply with all applicable health code regulations of the applicable jurisdiction in connection with the preparation of Items; (ii) obtain and maintain any and all state, local, and/or other licenses and permits applicable to the preparation and selling of Items through our Services; (iii) comply with all other applicable laws, regulations, ordinances in connection with the preparation and sale of Items through the Website as well as with use of the Services.
5. Buyers. Users are able to purchase Items from Sellers by using our Services and processing payment through our Services. As noted in Section 6 and Section 7 below, all transactions between Sellers and Buyers are between those Users alone, and therefore Buyers agree that each Buyer is independently responsible for paying all taxes associated with the Items they purchase for Sellers and Item Postings they respond to. Buyers agree that Buyers (and not us) are responsible for arranging for the delivery or pickup of Items purchased from Sellers using our Services.
6. Item Transactions.
(a) We provide our Services for a fee. Therefore, Buyers and Sellers may not: use User contact information obtained from the Services or using any My Slabs Services to offer to sell any listed Item outside of the Services or cancel a Posting to sell to a Buyer who found the Item on the Services. Users agree that the terms of: any transaction relating to an Item; the price of an Item; delivery and/or pick up of Items; and any compensation paid by a Seller to a Buyer are established by the Seller and Buyer alone and we are not a party to any transactions between Users.
(b) Sellers agree to pay us a fee determined by us in connection with each Item sold by the Seller using our Services (see Section 8 below).
(c) You understand and agree that we do not accept, offer, or issue any returns, refunds, or credits of any fees paid by you to us. Users agree that all customer service issues, including but not limited to dissatisfaction with Items, non-delivery of Items, refunds relating to Items, and all other matters relating to any transaction between Users are solely between the Users involved and we will have no responsibility relating to any such customer service issues relating to use of the Services.
7. User Interaction.
(a) OUR SERVICES CREATE ONLY A VENUE TO CONNECT USERS. USERS ARE NOT OUR EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS. WITH THAT IN MIND, YOU UNDERSTAND AND AGREE THAT WE: (i) do not employ, recommend or endorse any Users and have no control over the acts or omissions of any other User in any way using or having used the Services, on or off our Website; (ii) are not responsible for any User’s compliance or non-compliance with applicable laws in connection with any transaction such User may engage in with another User; (iii) make no representations or warranties about the quality or legality of the services offered by a User in connection with an Item or about interactions or dealings with other Users; (iv) are not responsible for the performance or conduct of any User or other third parties in any way using or having used the Services, on or off the Website; and (v) are under no obligation to become involved in disputes between Users.
(b) We are not obligated to screen Users or conduct any kind of identity or criminal records checks. Any effort we make to do so is as a courtesy to our users and as such, Users should exercise caution and perform their own screening before connecting with a User through the Services, meeting anyone, or traveling to a location in response to an Item Posting or otherwise. We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Services or your interactions or dealings with other Users, including but not limited to any acts and/or omissions of Users in any way using or having used the Services, on or off our Website. By using the Services, you acknowledge that you are solely responsible for such use and the connections you make and that ALL USE OF OUR SERVICES IS AT YOUR SOLE RISK.
(c) Although we have no obligation to verify any information provided by a User in connection with our Services, we reserve the right to do so in our sole discretion. You hereby authorize us to verify the representations and warranties you make or the other information you provide. IF YOU PLAN TO USE OUR SERVICES AS A SELLER, WE REQUIRE THAT YOU PROVIDE US WITH INFORMATION THAT VERIFIES, TO OUR SOLE SATISFACTION, YOUR TELEPHONE NUMBER. You agree to provide us with any and all information and/or verification we may request as we deem appropriate in our sole discretion.
8. Payment by Sellers to Us. You agree to pay us any and all then-current fees applicable to your use of the Services, as determined by us. The policies and fees that are disclosed to you when you use a feature of our Services for which we charge a fee are a part of these Terms. In connection with any fees paid by you, you agree: (a) to only provide valid and current payment information; (b) to promptly pay all fees and amounts assessed by us upon demand; and (c) to abide by the terms and policies of Paypal and Stripe. (see Paypal.com for more information). We are not responsible or liable for any activities or conduct of Paypal or Stripe, and you agree to hold us harmless, indemnify, defend, and expressly release us, from any and all liability relating to the conduct of Paypal or Stripe. All fees shall be paid in US Dollars.
9. Content.
(a) By Us. All Posts and Content on our Services, or obtained from a Linked Site are provided to you ‘AS IS’, ‘AS AVAILABLE’ and ‘WITH ALL FAULTS’. MySlabs provides our Services for informational purposes only and any statements made by us are opinions only. We expressly disclaim all liability related to the accuracy or reliability of any opinion, advice, or Content on our Services or reliance on any opinion, advice, or Content on our Services. OUR SERVICES ARE NOT TO BE CONSTRUED AS LEGAL, EMPLOYMENT, ACCOUNTING, TAX, OR OTHER PROFESSIONAL ADVICE. OUR SERVICES ARE A RESOURCE ONLY. We are not attorneys, paralegals, accountants, or tax specialists, or any other sort of licensed professional. As such, we expressly disclaim all liability related to the accuracy or reliability of any opinion, guidance, or Content Transmitted by us or available through our Services or reliance on any of the aforementioned. We will do our best to provide top-quality Services to you. However, the Content published through the Services may also include inaccuracies or typographical errors. We do not warrant or represent that the Content available through our Services is complete or up-to-date.
(b) Linked Sites.
(i) Our Services may link to other sites by allowing you to leave our Services to access third party material or by bringing third party material into our Services via ‘inverse’ hyperlinks and framing technology (a “Linked Site”). The appearance, availability, or your use of URLs or hyperlinks to Linked Sites referenced or included anywhere on the Services or any other form of link or re-direction of your connection to, with or through the Services, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of MySlabs or its Affiliates. We have no discretion to alter, update, or control the Content on a Linked Site. We do not verify, endorse, or have any responsibility for, any such Linked Sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any Linked Site, whether the or not our logo(s) or sponsorship identification is on the Linked Site as part of a co-branding or promotional arrangement. MySlabs sometimes provides access to 3rd party websites and applications who offer tools and or data that some members may find useful. MySlabs makes no guarantees with regard to the accuracy of the data and or information provided by 3rd parties and we encourage all users to always do their own due diligence in such cases. If any Linked Site obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy which describes how we collect and use your personal information.
(ii) Third Party Products and Services. When you use our Services to purchase products or services from a Linked Site, you are purchasing that product or service directly from the third party Linked Site. Your order is placed with, filled by, and shipped by that third party Linked Site. We have no involvement in any shipment, fulfillment, returns, or refunds associated with any products or services that you purchase from a Seller, Linked Site or third party. You understand that you must contact the third party Linked Site directly for inquiries related to your purchase, including but not limited to: returns, shipping, customer service, refunds, or general information. By using our Services, you expressly represent and warrant that you will abide by and will not violate any policies, rules, terms, or conditions of that third party Linked Site.
(iii) MySlabs may earn a commission from purchases made after a user clicks on links to other platforms.
(c) Content Posted by Sellers.
(i) You agree that you are solely responsible for and retain all rights in the Content that you Post using our Services, and otherwise transmit to us or other Users. You agree that you will not: Post Content that infringes on the intellectual property rights of others; Post any Content which violates any provision of the use restrictions in Section 12; or Post any objectionable Content as determined by us in our sole discretion. WE ARE NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST USING OUR SERVICES.
(ii) You agree that any Content provided to us or a User or Posted in connection with the Services by you is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that we shall be free to use or disseminate Content Posted by you on an unrestricted basis for any purpose. If you provide or Post Content to us or another User in connection with the Services, you grant us a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of such Content. You further agree that we have the right to promote any Content through any social media profiles, including but not limited to on facebook.com, instagram.com, or twitter.com (collectively, “Social Media Accounts”), as determined by us in our sole discretion. No Content you submit shall be deemed confidential. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY CONTENT YOU SUBMIT TO SIMPLY. Notwithstanding the foregoing, you hereby assign to us all right, title and interest in and to any new feature that you may suggest or submit to us and you acknowledge and agree that we may use such suggestion or submission in any manner, including, without limitation, to develop features for the Services.
(iii) You represent and warrant that you own or otherwise possess all necessary rights with respect to Content Posted by you, and that Content Posted by you does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that Content Posted by you is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, as determined by us.
(iv) You agree that we may but are not obligated to: filter any Content including but not limited to, deleting or replacing expletives or other harmful or offensive language; refuse to display any Content; remove Content from our Services for any reason or no reason, as determined by us; and/or disclose any Content and the circumstances surrounding the use thereof, to any third party for any reason or no reason, as determined by us. We are not responsible for, and will have no liability for, the removal or non-removal of any Content from our Services.
(v) You agree and understand that you may be held legally responsible for damages suffered by other Users or third parties as the result of your remarks, information, feedback or other Content Posted on our Services that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, MySlabs is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other Content posted or made available on our Services. Further, you agree to indemnify, hold harmless, and defend us from any liability and/or damages relating to any Content Posted by you or by a third person using your Profile.
(vi) You agree and understand that by posting on MySlabs you are guaranteeing authenticity of any and every item in your seller inventory and are financially responsible for any and all damages to buyers and/or myslabs.com that may result from any counterfeit or inauthentic items.
(vii) Posted by Users or Others. We do not endorse and are not responsible for (i) the Content provided by other Users, (ii) the accuracy or reliability of any opinion, advice, statement, or Content made through our Services, (iii) any Content provided on Linked Sites, or (iv) the capabilities or reliability of any items or service obtained from a Linked Site. There are risks involved with relying on information on our Services, and you expressly assume those risks when using our Services. Under no circumstance will we be liable for any loss or damage caused by your reliance on any Content, items, other information, or services obtained through our Services or a Linked Site.
10. Intellectual Property.
(a) Trademarks. MYSLABS, MYSLABS, INC and MYSLABS.COM and all other graphics, logos, page headers, button icons, scripts, service names and other Content that we use, manage or control are trademarks, registered trademarks or trade dress of ours or our subsidiaries, officers, employees, independent contractors, suppliers, representatives, licensors, licensees, successors, assigns, agents, partners, or other affiliate (collectively “Affiliates”) in the United States or other countries or both. No one may use these trademarks or trade dress in connection with any product or service that is not our product or service without our express written permission. All other trademarks that appear on our Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us or any of our Affiliates.
(b) Copyright. Except in the case of Content under license to us, we claim a copyright, and all copyright protection afforded, under international, United States and the State of Delaware laws to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other Content on our Services. The compilation of all Content on our Services is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international, United States and the laws of the State of Delaware to all material described in the trademarks section above. Your access to all information and Content located on our Services is strictly permitted through the license granted to you under these Terms. Except for the license granted in these Terms, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of ours and other parties. Except as permitted by these Terms, you are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through our Services without our prior written permission, or in the case of Content owned by a third party, without first receiving permission from the owner of that Content. You may not alter or remove any trademark, copyright or other notice from copies of the Content.
(c) Infringement Claims. We respect the intellectual property of others and ask that Users do the same. In connection with the Services, we have adopted and implemented a policy respecting intellectual property that provides for the removal of any infringing or unauthorized materials and for the termination of a User’s ability to use our Services, in appropriate circumstances, if we determine that User is infringing on the intellectual property rights of others. If you believe that a User is, through the use of the Services, unlawfully infringing by submitting unauthorized Content, and wish to have the allegedly infringing or unauthorized material removed [contact us at [email protected]] [OR] [, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512) must be provided to our designated copyright agent (“Designated Agent”): your physical or electronic signature; identification of the works or rights that you claim to have been infringed; identification of the Content on the Services that you claim is infringing and that you request us to remove; sufficient information to permit us to locate such Content; your address, telephone number, and e-mail address; a statement that you have a good faith belief that use of the objectionable Content is not authorized by the copyright or other rights owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright or other right that has allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or other rights owner. Note that, pursuant to 17 U.S.C. § 512, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement].
Our Designated Agent is:
MySlabs, Inc, Attn: DMCA Matters, 26 West 87th Street, New York, NY 10024,
11. Mobile Devices. If you are accessing the Services via a mobile device or tablet which is owned or controlled by you (a “Device”) then, subject to your compliance with these Terms and our Policies, the license granted hereunder allows you to access our Services using your Device. You understand and agree that use of the Services via your Device may result in data or other charges from your mobile communication service provider and you expressly release, indemnify, hold harmless, and defend us from any and all liability relating to any such charges and/or your Device.
12. Use Restrictions. You may not use or plan, encourage or help others to use our Services for any purpose or in any manner that is prohibited by these Terms or by applicable law. In using our Services, you agree at all times that you shall not: (a) infringe on the copyrights or other intellectual property rights of MySlabs, a User, or a third party (b) copy, distribute, or modify any part of our Services without our prior written authorization; (c) Post inappropriate, inaccurate, false, or misleading Content to our Services; (d) transmit any Content which contains software viruses, or other harmful computer code, files or programs; (e) Post Content that falsely states, impersonates or otherwise misrepresents your identity, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (f) make threats or use profanity; (g) harass, stalk or intimidate other Users; (h) manipulate or exclude identifiers in order to disguise the origin of any Content; (i) disrupt the networks connected to our Services, including but not limited to by: attempting to probe, scan or test the vulnerability of our Services, attempting to breach security or authentication measures without proper authorization, or attempting to interfere with our Services or a User, by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing.’; (j) circumvent, disable or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of our Services; (k) collect Content, personally identifying information, and/or other information from our Services, or otherwise access our Services, by using any automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, without our prior written approval which we may withhold in our discretion; (l) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, sell, or distribute the Services; (m) rent or lease any rights in the Services in any form to any third party or make the Services available or accessible to third parties; (n) use any communications systems provided by our Services to send unsolicited or unauthorized commercial communications, including but not limited to by email, SMS, MMS, or any other means; (o) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices displayed on our Services; (p) mislead or attempt to mislead or defraud or attempt to defraud or conceal any information relating to Content or other information that you provide to us; (q) link, deep link, ‘frame’ or ‘mirror’ any part of the Services without our prior consent; or (r) use our Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, or inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.
13. Termination, Restriction and Suspension.
(a) Termination By You. You may cancel your Profile at any time for any reason or no reason by using your Profile dashboard or notifying us in writing (email to [email protected] is acceptable) or using your Profile dashboard. Upon cancellation of your Profile, access to certain features of the Services may be restricted. Termination of your Profile will be effective within a commercially reasonable time after we receive notification of your desire to cancel and any outstanding fees owned by you are paid to us, as determined by us.
(b) By us. We retain the right to terminate, restrict, or suspend these Terms, your Profile, and/or your license to access or use our Services at any time in our absolute and sole discretion, without prior notice, for any reason or no reason, as determined by us.
(c) After Termination. Upon termination of these Terms, your Profile, and/or your license to access or use our Services for any reason, you agree that we may take any measures we deem necessary to prevent you from accessing our Services, including by blocking your IP address. You agree that after termination of your access to our Services, we are not obliged to retain or provide to you any Content or Personal Data (as defined in our Privacy Policy) which was collected by us, but we may elect to do so in our sole discretion, for a duration determined by us.
14. DISCLAIMERS.
(a) IF YOU CHOOSE TO USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MYSLABS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO USERS WHO POST ITEMS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. OUR SERVICES AND CONTENT ARE PROVIDED ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR SERVICES, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE WEBSITE, AND/OR THE SERVICES MY SLABS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MYSLABS MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, AND/OR CONTENT WILL MEET YOUR NEEDS, EXPECTATIONS, BE TO YOUR SATISFACTION, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE, BUG-FREE, OR MALWARE-FREE BASIS. MY SLABS MAKES NO WARRANTY REGARDING THE QUALITY OF OUR SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES.
(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MY SLABS OR THROUGH THE WEBSITE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO OTHER USERS AND/OR THIRD PARTIES. YOU UNDERSTAND THAT MY SLABS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR SERVICES. MY SLABS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES.
(c) WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE IDENTITY OF A USER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, APPLICATION, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, USERS AND/OR THIRD PARTIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE FACILITATED BY THE SERVICES. MY SLABS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
15. Release and Waiver of Claims. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS, ACTIONS, DEMANDS, SUITS, OR PROCEEDINGS (“CLAIMS”) AGAINST US AND OUR AFFILIATES, INCLUDING ANY AND ALL LIABILITY FOR DAMAGES (ACTUAL AND OR CONSEQUENTIAL), COSTS AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO: (A) THE SERVICES OR THESE TERMS, (B) AN ITEM, (C) YOUR DEVICE (D) ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER’S REPRESENTATIONS OR WARRANTIES, AND/OR (E) ANY INACCURACY, UNTIMELINESS, OR INCOMPLETENESS OF ANY AND ALL INFORMATION AND/OR CONTENT OBTAINED OR ACCESSED BY OR THROUGH THE SERVICES. FURTHER, IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND THAT ANY FACT RELATING TO ANY MATTER COVERED BY THESE TERMS MAY BE FOUND TO BE OTHER THAN NOW BELIEVED TO BE TRUE, AND ACCEPT AND ASSUME THE RISK OF SUCH POSSIBLE DIFFERENCES IN FACT. IN ADDITION, YOU EXPRESSLY WAIVE AND RELINQUISH ANY AND ALL RIGHTS WHICH YOU MAY HAVE.