Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) are a legally binding agreement between you and KeepUp Cards (“KeepUp,” “we,” “us,” or “our”), the operator of the website at www.keepupcards.com and related online services (together, “KeepUp”). KeepUp is a public directory of trading card game shops and related tools for visitors, shop representatives, and people who contact us or subscribe to email.

You accept these Terms, and our Privacy Policy, when you check a box stating that you agree (when you create an account or complete shop-owner setup). The Privacy Policy is incorporated into these Terms by reference.

You also agree to these Terms when you submit a shop, claim a listing, subscribe to email, send a contact message, or purchase a paid feature, even if those forms do not include a separate checkbox. If you only browse public pages, the provisions that reasonably apply to visitors (including acceptable use, intellectual property, disclaimers, and limitation of liability) apply to that use to the extent permitted by law. If you do not agree, do not use KeepUp.

If you use KeepUp on behalf of a business or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.

Nothing in these Terms excludes or limits any right you have as a consumer that cannot be excluded or limited under applicable law, including mandatory consumer protection laws of the European Economic Area or the United Kingdom.

2. The service

KeepUp publishes shop listings (which may include name, location, hours, games, photographs, and contact details shown on the listing), search and directory pages, and shop pages. Related tools include submitting a missing shop, claiming an existing listing, managing a claimed listing, saving shops (in your browser before you have an account, and in your account after you sign in), and purchasing optional sponsored or featured placement where offered. The directory focuses on shops in the United States. The site may be accessed from other countries.

We may add, change, suspend, or discontinue features. We do not warrant that every shop is listed, that every listing is complete or current, or that KeepUp will be uninterrupted or error-free.

3. Eligibility

You represent that you are at least 16 years old if you create an account or submit personal information through KeepUp’s forms. We do not independently verify age. If you are under 16, you may not create an account and you may not send us personal information. KeepUp is a general-audience service. We do not knowingly collect personal information from children under 13, and we do not permit accounts for anyone under 16.

4. Accounts

5. Shop listings, submissions, and claims

6. Paid placement

Where offered, shops may purchase optional featured or sponsored placement. Fees, the billing period, and what the placement includes are described at checkout or in the order confirmation. Payment is processed by a third-party payment processor. We do not store full payment card numbers. The processor’s terms apply to the payment itself.

Featured placement is advertising. It is not an endorsement that the shop is superior to others. We may pause or cancel a placement if the listing violates these Terms, if payment fails, or if we discontinue the feature. Unless a specific offer states otherwise, fees are non-refundable once the placement period has begun, except where a refund is required by law. Applicable taxes are your responsibility unless we state otherwise at checkout.

7. Communications

8. Your content and license

“Your Content” means information and files you submit, including listing copy, photographs, claim details, and profile information. You retain ownership of Your Content.

You grant KeepUp a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt (for example, to resize a photograph), display, and distribute Your Content in connection with operating, improving, promoting, and protecting the directory, including in search results, emails about a listing, and social or advertising previews of KeepUp. This license lasts for as long as Your Content is on KeepUp and for a reasonable period afterward as needed for backups, legal compliance, or residual copies in caches or archives.

You represent and warrant that you have all rights needed to grant this license and that Your Content does not infringe another person’s rights or violate applicable law.

9. Acceptable use

You agree that you will not:

• Provide false information, submit a fraudulent claim, or impersonate a shop or person
• Use KeepUp for any unlawful purpose, including fraud or infringement of intellectual property
• Upload malware, attempt to bypass security, or overload our systems
• Scrape or extract the directory or emails by automated means, except ordinary search-engine indexing or as we expressly permit in writing
• Harvest contact details from KeepUp to send unsolicited commercial messages
• Interfere with other people’s use of KeepUp
• Resell or present KeepUp as your own directory without our prior written permission

Reasonable manual browsing is permitted. Automated bulk extraction of the directory without our written permission is not.

10. Intellectual property and copyright notices

KeepUp, including our name, logos, site design, and software, is owned by us or our licensors. These Terms do not transfer ownership to you. You may not copy or reuse our branding except as needed to use the site in the ordinary way (for example, viewing a page or sharing a link to a shop listing).

If you believe content on KeepUp infringes your copyright, send a notice to support@keepupcards.com that includes the information required by 17 U.S.C. § 512(c)(3) (identification of the work and the material, your contact details, a statement of good-faith belief, a statement of accuracy under penalty of perjury, and your signature). We may remove or disable access to alleged infringing material and, where appropriate, terminate repeat infringers.

11. Third-party sites and listings

Listings may link to shop websites, maps, or social profiles. We may also link to third-party community spaces. We do not control those sites and are not responsible for their content, products, or privacy practices. A listing is not a representation about the shop’s products, hours, or safety. You visit shops and third-party sites at your own risk.

12. Disclaimers

To the fullest extent permitted by law, KeepUp is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that listings are accurate, complete, or current, that the site will be error-free, or that defects will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions above apply only to the extent permitted.

13. Limitation of liability

To the fullest extent permitted by law, KeepUp and its officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption, arising out of or related to your use of KeepUp, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for any claim arising out of or related to these Terms or KeepUp is limited to the greater of (a) the amounts you paid us for paid features in the twelve (12) months before the claim arose, or (b) one hundred U.S. dollars (US $100).

These limitations do not apply to liability that cannot be limited under applicable law, including (where such rules apply) liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or gross negligence. Some jurisdictions do not allow certain limitations; in those places, our liability is limited to the maximum extent permitted.

14. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless KeepUp and its officers, employees, and contractors from and against claims, damages, and reasonable legal fees arising from Your Content, your use of KeepUp, your shop operations, or your violation of these Terms or of another person’s rights, except to the extent caused by our willful misconduct or gross negligence. This section does not require a consumer to indemnify KeepUp where such an obligation is prohibited by applicable consumer law.

15. Suspension and termination

You may stop using KeepUp at any time. We may suspend or close an account, revoke owner access, or remove content if we reasonably believe these Terms were violated, if we are required to by law, or if we discontinue a feature. Provisions that by their nature should survive (including licenses already exercised, disclaimers, limits on liability, indemnity, and this survival clause) will survive.

Closing an account does not automatically remove a public shop listing. There is no self-service account-deletion button. You may request that we close your account, or that we update a listing, through our Contact page or by emailing support@keepupcards.com.

16. Changes to these Terms

We may update these Terms. We will post the revised version on this page and change the “Last updated” date. For material changes, we may also provide additional notice (for example, email or a notice when you next sign in). Except where a longer period is required by law, the updated Terms take effect when posted. If you continue to use KeepUp after they take effect, you accept the updated Terms. If you do not agree, you must stop using KeepUp and, if you have an account, request that we close it.

17. Governing law and disputes

These Terms are governed by the laws of the United States and, to the extent a specific jurisdiction’s law must be selected, by the laws of the state in which KeepUp Cards maintains its principal place of business, without regard to conflict-of-law rules.

Subject to the next paragraph, you and KeepUp agree that the state and federal courts located in that state have exclusive jurisdiction over disputes arising out of or relating to these Terms or KeepUp, except that we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property or the directory.

If you are a consumer residing in the European Economic Area, the United Kingdom, or another jurisdiction that does not permit this choice of law or venue, you may bring proceedings in the courts of your country of residence, and mandatory consumer protection laws of that country will apply. We do not require consumers to submit to arbitration or to waive class or representative actions except where such a requirement is lawful and separately agreed in writing.

18. General

These Terms, together with the Privacy Policy and any order confirmation for paid features, are the entire agreement between you and KeepUp concerning KeepUp and supersede prior discussions relating to KeepUp. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a reorganization, merger, acquisition, or sale of assets, or by operation of law.

If we do not enforce a provision, that is not a waiver of our right to do so later. If a provision is found unenforceable, it will be modified to the minimum extent necessary, and the remainder of the Terms will remain in effect. These Terms do not create a partnership, joint venture, or employment relationship, and they do not confer rights on any third party except as stated for our officers, employees, and contractors in Sections 13 and 14.

We are not liable for delay or failure to perform caused by events beyond our reasonable control. Section headings are for convenience only.

19. Contact

Questions about these Terms: support@keepupcards.com or our Contact page. A postal address for legal notices is available on request at that email address. Our Privacy Policy explains how we handle personal information.