Welcome to Monster! Please read these Terms of Service (these “TOS”) carefully, as they constitute a legally binding agreement between you (“you”, “your”, or “user”) and Monster Strategy, Inc., a Delaware corporation (“Monster”, “we”, “us” or “our”).
These TOS, together with any Modifications, the Promotions Schedule, as well as all policies posted on monster.xyz and incorporated by reference herein, set out the terms on which Monster offers you access to and use of (a) the website and application located at monster.xyz and all relevant sub-pages associated with the foregoing (the “Application”) and (b) any other applications, add-ons, tools, services and offerings provided by us, including the Vault, the Marketplace, the Scan feature, and pack, drop, auction and sealed-product experiences (together with the Application, the “Products”). These TOS apply whether you are accessing the Products via a personal computer, a wireless or mobile device or any other technology or device now known or hereafter developed or discovered.
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PACK CONTENTS ARE DETERMINED AT RANDOM FROM DISCLOSED ODDS, AND THE CARD YOU RECEIVE MAY BE WORTH LESS THAN THE PRICE OF THE PACK. CARDS ARE COLLECTIBLES, NOT INVESTMENTS. MONSTER HOLDS THE CARDS IN YOUR COLLECTION AND RETAINS TITLE TO THEM UNTIL THEY ARE SHIPPED TO YOU, AND MAINTAINS YOUR ACCOUNT BALANCE, AS DESCRIBED IN SECTIONS 6 AND 12. PLEASE READ THIS DOCUMENT CAREFULLY.
BY ACCESSING OR USING THE PRODUCTS IN ANY MANNER, YOU AFFIRM, REPRESENT AND WARRANT (A) THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TOS (ALONG WITH ANY MODIFICATIONS AND/OR ADDITIONAL TERMS, POLICIES AND AGREEMENTS REFERENCED HEREIN), INCLUDING THE GENERAL RELEASE IN SECTION 23, THE INDEMNIFICATION OBLIGATION IN SECTION 24, AND THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 28, (B) THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TOS AND MEET ALL OF THE ELIGIBILITY AND OTHER REQUIREMENTS, AND (C) THAT YOUR ACCESS AND USE OF THE PRODUCTS IS PERMITTED BY, AND SHALL NOT VIOLATE, ANY APPLICABLE LAWS, INCLUDING THOSE IN YOUR JURISDICTION.
IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TOS AND/OR ANY MODIFICATIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE PRODUCTS, PROVIDED THAT YOU MAY CONTINUE TO USE THE PRODUCTS SOLELY TO REQUEST SHIPMENT OR SALE OF YOUR CARDS AND WITHDRAWAL OF YOUR WITHDRAWABLE BALANCE.
1. Modifications
We reserve the right to revise these TOS, at any time and from time to time, for any reason in our sole discretion by any written announcement or notice, or by posting an updated TOS (the “Modifications”). For material Modifications, we will provide at least seven (7) days advance notice by posting in the Application and by email to the address you have provided. Material Modifications that are adverse to you and that affect Section 5 (“Packs; Odds; Sellback”), Section 6 (“The Vault; Custody; Title; Your Collection”), Section 8 (“Dormant Accounts; Account Closure; Unclaimed Property”), Section 12 (“Account Balances; Withdrawals”) or Section 28 (“Dispute Resolution”) will require your renewed click-through acceptance before your next purchase, acceptance of a Sellback Offer, Marketplace listing, or shipment request. Notwithstanding the foregoing, no Modification will impose a deadline by which you must ship or sell Cards already in your Collection, introduce a storage fee, or provide for the automatic sale or forfeiture of Cards, unless we give you at least sixty (60) days advance notice and, during that notice period, you may ship (subject to Section 7) or list on the Marketplace any affected Card, or accept any Sellback Offer then available for it, without any new fee. Changes to Collection Sellback Offers under Section 5(f), including changes to their amounts or availability and their suspension or withdrawal, are not Modifications to these TOS, are not subject to the notice or acceptance requirements of this Section 1, and may be made at any time without notice, but no such change will limit your right to keep any Card in your Collection for as long as you like or to request its shipment under Section 7. Modifications apply prospectively only, and the version of these TOS in effect at the time of a purchase governs that purchase. We maintain an archive of prior versions of these TOS, available upon request. If you use the Products after Modifications become effective, it will signify your agreement to be bound by the Modifications, except that use of the Products solely to ship or sell your Cards or withdraw your Withdrawable Balance will not by itself signify such agreement. It is your responsibility to monitor and periodically check for changes to these TOS by consulting the “Last Modified” date at the bottom of this page.
2. What is Monster?
Monster is a platform for collecting professionally graded trading cards. When you purchase and open a pack on the Application, you always receive one authentic, physical trading card that has been professionally graded and encapsulated by a third-party grading company (such as PSA, CGC, or BGS) (each, a “Card”). The specific Card you receive is determined at random from the disclosed odds for that pack, as described in Section 5. Every Card is a real, physical collectible held in secure storage by Monster or by one or more third-party vault partners engaged by Monster (currently Alt (Alt Platforms) and Fanatics (the Fanatics Collect vault), or other third-party vault providers we select) (the “Vault”). The Cards credited to your Account and held in the Vault are shown in your collection in the Application (your “Collection”). References in these TOS to “your Cards” mean the Cards in your Collection and do not mean that title to those Cards has passed to you (see Section 6(b)). There is no deadline to ship or sell a Card: you may keep Cards in your Collection for as long as you like, subject to these TOS. At any time, you may (a) keep your Card in your Collection, (b) request shipment of the physical Card to you, (c) where available, list the Card for sale to other users on the Marketplace, or (d) accept any available Sellback Offer from Monster, in each case as described in these TOS. Monster is a retailer of physical collectibles and provider of related custody, storage, marketplace, and technology services. Monster holds Cards in the Vault, and maintains Account Balances, as described in Sections 6 and 12. Monster’s books and records are the definitive record of the Cards credited to each Collection and of each Account Balance. Monster is not a casino, sportsbook, lottery, or gambling service of any kind, is not a bank, exchange, broker, dealer, investment adviser, or fiduciary, and no element of the Products constitutes investment, legal, tax, or financial advice.
COLLECTIBLES DISCLOSURE: CARDS ARE COLLECTIBLES PURCHASED FOR PERSONAL ENJOYMENT. NO CARD, AND NO ENTRY IN YOUR COLLECTION, IS OFFERED OR SOLD AS, OR CONSTITUTES, AN INVESTMENT, DEPOSIT, SECURITY, OR DERIVATIVE. THE MARKET VALUE OF CARDS FLUCTUATES, AND WE MAKE NO REPRESENTATION THAT ANY CARD WILL RETAIN OR INCREASE IN VALUE.
3. Eligibility; Accounts; Identity Verification
(a) Eligibility. You must be at least eighteen (18) years of age (or the age of majority in your jurisdiction, if higher) to use the Products. The Products are offered only in jurisdictions where their use is lawful, and are not offered to persons located in Nevada (the “Excluded Jurisdictions”). Certain features (including particular pack types or promotions) may not be available in all jurisdictions. The Excluded Jurisdictions may be updated from time to time to reflect changes in applicable law, and the current list will be posted in the Application. You must not use a VPN, proxy, false information, or any other method to evade geographic, legal, or platform restrictions. We may use geolocation, your phone number, and other technical measures to enforce these restrictions and may suspend or restrict your access if we believe you are located in an Excluded Jurisdiction or are otherwise ineligible. If a jurisdiction in which you reside becomes an Excluded Jurisdiction, you will remain able to request shipment of your Cards under Section 7, accept any available Sellback Offer, and withdraw your Withdrawable Balance under Section 12, except where and for so long as we are prohibited by Law from doing so.
(b) Account Registration. In order to participate in certain aspects of the Products, including purchasing packs, you must create an account (your “Account”) by providing an email address, and you may be required to provide certain additional information, as prompted by our registration, payment, or shipping process. You may have only one Account, and each Account must be held by a natural person for his or her own benefit and not for any other person or entity. All registration and Account information you submit must be truthful and accurate, and you agree to maintain, keep current and promptly update the accuracy of such information as necessary. You agree and understand that we will communicate with you via electronic means, and that any notices, agreements, disclosures or other communications sent to the email address or mobile phone number on record with us are considered valid.
(c) Identity Verification. We may require you to provide additional information and/or documentation, including as may be required under any laws, statutes, ordinances, rules, regulations, codes, or any requirements of a government entity (collectively, “Law”). Before you withdraw funds, and as a precondition to certain shipments, Marketplace sales, or other transactions (including above thresholds we set for compliance purposes), we may require identity verification (“Identity Verification”), which may include providing government-issued identification and a live verification check performed by our third-party payment and identity verification provider, Coinflow. Your use of that provider is subject to its own terms and privacy policy. If you do not provide complete and accurate information and/or documentation in response to such a request, or if we cannot reasonably verify it, we may suspend, lock or otherwise restrict your Account or refuse to permit you access to or use of the Products, subject to Section 19.
(d) Account Security. Monster holds the Cards in your Collection and maintains your Account Balance in its systems, and access to them is controlled through your Account. You are responsible for maintaining the confidentiality and security of your Account credentials and any device you use to access the Products, and you are responsible for all activity that occurs under your Account, except to the extent caused by our breach of these TOS or our failure to maintain reasonable security measures. You must notify us immediately at info@mnstr.xyz of any unauthorized use or suspected unauthorized use of your Account. Accounts may not be shared, sold, or transferred.
4. Payments; Refunds
(a) Payment Methods. Purchases may be made in U.S. dollars by credit card, debit card, Apple Pay, Google Pay, or other supported payment methods, processed through the hosted checkout of our third-party payment processors (each, a “Payment Processor”), and/or from your Account Balance, in each case as listed in the Application from time to time. You may only use a payment method that is issued to you or that you own. Your use of a Payment Processor is subject to that Payment Processor’s own terms and privacy policy, which you must review and accept, and the Payment Processor’s name may appear on your card statement.
(b) Adding Funds. You may add funds to your Account Balance through a Payment Processor after we have verified that you are not located in an Excluded Jurisdiction and you have accepted these TOS. You must add funds from an account or card you own or that is issued to you, and you may not add funds using any other person’s account or card. Funds you add are Store Credit under Section 12(b), may be used solely for purchases of packs, Cards, and other items available on the Products, are non-transferable, and are not refundable or withdrawable except as required by applicable Law, as stated in Section 4(e), or on Account closure under Section 8(b). Except as stated in the preceding sentence, funds you add may not be withdrawn or used outside the Products.
(c) Chargebacks. If you believe a charge was made in error, contact us at info@mnstr.xyz before disputing the charge with your card issuer, and we will review in good faith. Initiating a chargeback or payment dispute with respect to a completed pack opening, or otherwise abusing payment dispute processes, may result in suspension of your Account, forfeiture of promotional benefits, and recovery of amounts owed (including by deduction from your Account Balance), in each case to the extent permitted by applicable Law. Nothing in this Section limits any right you may have under applicable Law or your card network’s rules.
(d) Pricing; Errors. All prices are stated in the Application at the time of purchase. We reserve the right to correct pricing or listing errors, and to cancel and refund any purchase made at an erroneously stated price prior to pack opening.
(e) Refunds. Except as stated in these TOS or required by applicable Law, purchases are final. We will refund a purchase that results from an error by Monster, our software, or a Payment Processor, or that we determine, after investigating, to have been unauthorized or fraudulent, and we may make other refunds in our discretion. Refund requests must be made within thirty (30) days of the transaction to info@mnstr.xyz. Refunds are made, at Monster’s election, to the original payment method or as Store Credit. Before refunding a pack purchase, we may reverse the purchase by removing from your Collection any Cards you received from it. If any of those Cards have been shipped, sold back to us, sold on the Marketplace, or otherwise removed from your Collection, we may deduct from the refund their FMV under Section 5(g) or, if they were sold, the proceeds you received for them, or we may deny the refund.
5. Packs; Odds; Sellback
(a) Guaranteed Contents. Every pack contains exactly one Card (or such other guaranteed minimum contents as stated on the applicable product page). You will always receive an authentic, professionally graded, physical collectible. No pack is ever empty.
(b) Odds Disclosure. Before you purchase any pack, the Application displays the odds of receiving Cards within stated categories or value ranges for that pack. Odds are calculated from the actual inventory allocated to the applicable pack and may change in real time as inventory is depleted and replenished. The odds displayed at the time of your purchase are the odds applicable to that purchase. We retain inventory and outcome records sufficient to demonstrate that the odds displayed at the time of a purchase were the odds applicable to that purchase, for as long as reasonably necessary for that purpose or as required by applicable Law. The distribution of Cards within a stated category or value range may not be, and is likely not to be, equal. No specific Card or result is guaranteed, and past results do not affect future results except where an active feature described in the Promotions Schedule expressly provides otherwise.
(c) Randomization. Pack outcomes are determined by a randomization process from the disclosed odds. Animations, card wheels, reveal sequences, and similar visual elements in the Application are for entertainment only and do not affect which Card you receive. The only user inputs that affect a pack outcome are your selection of the pack, any option the Application expressly states affects the odds, and your purchase confirmation.
(d) All Sales Final. All pack purchases are final and non-refundable once the pack is opened, except as expressly provided in these TOS or as required by applicable Law. Because the value of a pack lies in the chance distribution of its contents, packs that have been purchased but not yet opened may be refunded only as described on the applicable product page or with our consent.
(e) Instant Sellback Offers (Guaranteed for 24 Hours). When you open a pack and your Card is revealed, Monster will offer (except as stated in Section 11) to purchase that Card at a stated percentage of that Card’s Fair Market Value, as displayed on the applicable product page (the “Instant Sellback Offer”). The standard sellback percentage is 95% of FMV, unless a different percentage is displayed on the applicable product page at the time of your purchase. A feature described in the Promotions Schedule may expressly guarantee a minimum sellback amount that exceeds the percentage stated above, in which case that guarantee applies. Monster guarantees that an Instant Sellback Offer for a Card will remain available for you to accept for twenty-four (24) hours after that Card is revealed (the “Guarantee Period”). The guarantee is that an offer will be available, not that its amount is fixed: the offer amount equals the sellback percentage that applied at the time of your purchase multiplied by the Card’s then-current FMV, as determined by Monster at the time you accept, and may move up or down with market value during the Guarantee Period. This guarantee applies so long as the Card is not listed on the Marketplace or subject to a pending shipment, and subject only to holds under Section 19 and the correction of errors under Sections 4(d) and 6(g). Declining or not accepting an Instant Sellback Offer does not affect your Card Rights, and the Card remains in your Collection. When the Guarantee Period ends, the Instant Sellback Offer expires, and any later offer to purchase the Card is a Collection Sellback Offer under Section 5(f).
(f) Collection Sellback Offers (After 24 Hours). After the Guarantee Period, while a Card is in your Collection and not listed on the Marketplace or subject to a pending shipment, Monster currently offers to purchase it at a stated percentage, currently 95%, of its then-current FMV, as displayed in the Application (a “Collection Sellback Offer” and, together with an Instant Sellback Offer, a “Sellback Offer”). Collection Sellback Offers are not guaranteed. Monster reserves the right, at any time and in its sole discretion, to modify, suspend, or withdraw Collection Sellback Offers, including their amounts or availability, for any Card, category of Cards, or Account, without notice. The notice and acceptance requirements for Modifications under Section 1 do not apply to changes to Collection Sellback Offers. No change to or withdrawal of Collection Sellback Offers affects a Sellback Offer you have already accepted or your right to keep any Card in your Collection for as long as you like, to request its shipment under Section 7, or to list it on the Marketplace under Section 9. Monster will never sell back or otherwise dispose of a Card in your Collection without your affirmative acceptance, except as expressly provided in Section 8.
(g) Sellback Terms. “Fair Market Value” or “FMV” means the value of a Card as determined solely by Monster in its discretion, informed by independent third-party pricing sources (currently Card Ladder) and market data, which may include recent sales of the same or similar items, rarity, grade and grading company, and general market conditions. Monster does not disclose its full model for determining FMV, FMV may change at any time, and FMV may not match published market values or the price at which any Card actually trades. The FMV used to calculate a Sellback Offer for a Card is the same FMV displayed for that Card in the Application at that time, determined on a consistent basis across users. FMV may be limited by price-stability safeguards applied by Monster, including caps based on the recent trading history of a Card (such as its recent low sale prices), and the Sellback Offer shown in the Application at the time you accept reflects any such limit. Any guaranteed minimum sellback amount under an active feature described in the Promotions Schedule (such as Can’t Lose) will be honored notwithstanding any such limit. Except for the guarantee of Instant Sellback Offers during the Guarantee Period under Section 5(e), and except where a feature described in the Promotions Schedule expressly guarantees a minimum sellback amount (such as an active Can’t Lose bonus, whose guarantee will be honored as described in the Promotions Schedule), Sellback Offers are made on a best-effort basis and may be affected by maintenance, compliance actions, security measures, or other operational constraints. When you accept a Sellback Offer, your Card Rights in the Card end, the Card is removed from your Collection, and the sellback amount is credited to your Account Balance as Withdrawable Balance under Section 12. Accepted Sellback Offers are final.
(h) Estimated Values. Any estimated value, FMV figure, multiplier, collection value, or similar figure displayed in the Application or in our marketing is an estimate only, reflects Monster’s FMV determination at a point in time, is not an appraisal, and, except as provided in this Section 5 with respect to Sellback Offers, is not a representation of the price at which any Card can be sold.
6. The Vault; Custody; Title; Your Collection
(a) Custody. Cards in your Collection are held in the Vault, by Monster directly or by one or more third-party vault partners engaged by Monster (currently Alt (Alt Platforms) and Fanatics (the Fanatics Collect vault), or other third-party vault providers we select). Monster retains title to each Card in the Vault until a Completed Sale of that Card to you under Section 6(b). Monster will maintain books and records that identify each Card credited to your Collection, and will not sell, pledge, lend, or otherwise dispose of a Card credited to your Collection except as you direct through the Products or as expressly provided in these TOS. While your Card is in the Vault, Monster (through its Vault partners) shall exercise reasonable care in the storage and handling of your Card.
(b) Title; Card Rights. When a Card is revealed to you from a pack, or credited to you on settlement of a purchase under Section 9, the Card is credited to your Collection, but no sale of the Card to you has occurred and title to the Card will not pass to you until all of the following occur: (i) you request that the Card be shipped to you under Section 7; (ii) you pay any applicable shipping fees and any sales tax associated with the shipment; (iii) the Card is found in the Vault (for lost Cards, see Sections 6(e) and 6(g)); (iv) shipment is not prevented by a hold or restriction on your Account under Section 19; (v) you have completed Identity Verification or been exempted from it; (vi) the packaged Card is properly addressed to the address you provided; and (vii) the packaged Card is accepted by the carrier (the completion of these requirements being a “Completed Sale”). Until a Completed Sale, Monster retains title to the Card, and you have the exclusive right, subject to these TOS, to keep the Card in your Collection, request its shipment under Section 7, list it on the Marketplace under Section 9, and accept any available Sellback Offer under Section 5 (together, your “Card Rights”). Until a Completed Sale, any loss, damage, destruction, mislabeling, or unavailability of a Card in your Collection may only be remedied as stated in Sections 6(e) and 6(g). Monster’s books and records, as reflected in your Collection, are the definitive record of the Cards credited to your Collection. Your Collection is a record of your Card Rights and is not itself the collectible.
(c) No Redemption Deadline. There is no time limit for keeping a Card in your Collection. Cards in your Collection do not expire, will not be automatically shipped or sold back, and will not be forfeited because you have not shipped or sold them. You may request shipment under Section 7 at any time, may list a Card on the Marketplace under Section 9 where available, and may accept any Sellback Offer then available under Section 5, subject to these TOS. A Card that is listed on the Marketplace, subject to a pending sale or shipment, or subject to a hold under Section 19 is not available for other actions until that listing, sale, shipment, or hold ends.
(d) Storage Fees. There is currently no fee to store Cards in the Vault.
(e) Loss or Damage in the Vault. If a Card in your Collection is lost, stolen, damaged, or destroyed while held by Monster or its Vault partners, we will notify you and, at Monster’s election, either (i) replace the Card with the same Card (the same card, grade, and grading company, or an equivalent), or (ii) credit your Account Balance as Withdrawable Balance in an amount equal to the FMV of the Card at the time of the loss. Once a Card is delivered to the carrier for shipment, the carrier rules and risk-of-loss terms in Section 7 apply. EXCEPT TO THE EXTENT ARISING FROM MONSTER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, MONSTER’S SOLE OBLIGATION IN THE EVENT OF LOSS, DAMAGE, OR DESTRUCTION OF A CARD IN THE VAULT SHALL BE AS STATED IN THIS SECTION 6(e).
(f) Reserved.
(g) Inventory Errors. If a Card shown in your Collection is not available for shipment or sale because of an inventory or recordkeeping error, we will notify you and, at our election, (i) credit your Account Balance as Withdrawable Balance with the FMV of the Card at the time of your request, plus any shipping fees and taxes you paid for that shipment, or (ii) with your consent, deliver a Card of the same title, grading company, and grade. If a Card is credited to your Collection in error, we may correct our records and reverse the credit.
7. Shipping
(a) Requesting Shipment. You may request shipment of any Card in your Collection to an address you provide, at any time. As a precondition to shipment, we may require (i) Identity Verification, (ii) your compliance with these TOS and eligibility to use the Products, and (iii) confirmation that the applicable Card is credited to your Collection. You must also provide a valid mobile phone number before requesting shipment. Shipments are currently available to addresses in the United States and in the other countries listed in the Application.
(b) Fees and Taxes. Shipping, handling, insurance-in-transit, customs, duties, and applicable Taxes are your responsibility, are payable before shipment, and will be displayed before you confirm shipment (currently $5 / $20 for U.S. shipments and $30 / $40 for international shipments, plus handling).
(c) Risk of Loss. Upon shipment, we will update our records to reflect that the Card has left the Vault and is no longer in your Collection. Title to and risk of loss of the Card pass to you upon the Completed Sale under Section 6(b), when the Card is accepted by the carrier, provided that we will reasonably assist you with carrier insurance claims for shipments lost or damaged in transit. You will be provided with tracking information. If you do not receive a tracking update for fourteen (14) business days, please contact us at info@mnstr.xyz.
(d) Shipping Errors. You must notify us of any shipping error (including a wrong or damaged Card) within ten (10) days after delivery by contacting info@mnstr.xyz. If you do not notify us within that period, the shipment will be treated as accepted. We may require you to return a Card that was damaged or sent in error before we resolve the issue.
(e) Mistaken Shipments. If you receive a Card that was sent to you by mistake (including a Card you did not order, a Card intended for another recipient, or an incorrect Card), you must notify us promptly and make the Card available for return at our expense.
8. Dormant Accounts; Account Closure; Unclaimed Property
(a) Dormant Accounts. Your Account becomes “Dormant” if you have not logged in to the Application or initiated any transaction for twenty-four (24) consecutive months. Before treating your Account as Dormant, we will send at least two (2) notices to the email address on record (and to your mobile phone number, if you have provided one), the first at least sixty (60) days before dormancy takes effect. Logging in or initiating any transaction during that period resets the dormancy period. We do not charge any dormancy, inactivity, or storage fee. Once your Account is Dormant, we may close it. If we close a Dormant Account, (i) we will refund your Withdrawable Balance and any Store Credit refundable under Section 8(b), in the manner described in Section 8(b), and (ii) we will ship the Cards in your Collection to the shipping address on record, at your expense (which we may deduct from your Account Balance). If we do not have a valid shipping address for you, or the applicable shipping fees and Taxes cannot be paid or collected, we may instead purchase those Cards from you at the Collection Sellback Offer then available for each Card (or, if none is available, at its then-current FMV under Section 5(g)) and hold the proceeds for you as Withdrawable Balance under Sections 8(b) and 8(c).
(b) Account Closure by You. You may close your Account at any time through the Application or by contacting info@mnstr.xyz. Before closing, you should request shipment of, sell back, or sell your Cards, and withdraw your Withdrawable Balance. Closing your Account does not end your Card Rights or your right to your Withdrawable Balance. If Cards or Withdrawable Balance remain when you close your Account, we will continue to hold them for you, subject to Sections 8(a) and 8(c), and you may contact us to request shipment of your Cards or payment of your Withdrawable Balance after completing Identity Verification. If your Account is closed for any reason, whether by you or by us, we will refund to you any remaining Withdrawable Balance and any remaining Store Credit other than promotional credits (that is, funds you added under Section 4(b) and refunds issued as credit), after you complete Identity Verification and provide accurate payment information in your name that is acceptable to us. Payment may be made outside the Application. We are not liable for amounts left unclaimed or for delays caused by your failure to complete Identity Verification or provide accurate payment information, and unclaimed amounts will be handled under Section 8(c) and applicable unclaimed property Law. We may freeze your Account Balance and Cards while we investigate suspected fraud, cheating, chargebacks, breach of these TOS, or a legal or compliance matter, and we may retain amounts or Cards only as permitted by Section 19. Promotional credits, bonus credits, and Points have no cash value, are not refundable, and are forfeited on closure. Cards remaining in your Collection at closure stay subject to your Card Rights, and you may request their shipment under Section 7 or accept any available Sellback Offer under Section 5.
(c) Unclaimed Property. Cards, and any amounts we owe you that we have not yet paid (including your Withdrawable Balance and any Store Credit refundable under Section 8(b)), may become subject to applicable unclaimed property Laws if your Account is inactive for the period specified under applicable Law. Before remitting any property to a state as required by Law, we will attempt to notify you using the contact information on record.
9. Marketplace; Auctions; Drops
(a) Monster Sales. The Application may offer Cards for direct sale by Monster from its own inventory at the prices listed in the Application. Listed prices are set by Monster in its discretion and may exceed FMV. Purchases from Monster are final upon settlement, and the purchased Card is credited to your Collection upon settlement and treated thereafter as a Card in your Collection under Section 6, with title passing to you only upon a Completed Sale under Section 6(b).
(b) User Marketplace. The Application may allow you to list Cards in your Collection for sale to other users, and to buy Cards listed by other users (the “Marketplace”). Listed Cards remain in the Vault throughout the sale. When you list a Card, you set the asking price within any limits stated in the Application, and you authorize Monster to complete the sale and update its records when a buyer purchases the Card at your price. Listings may be canceled before a sale is completed. Upon settlement, (i) your Card Rights in the Card transfer to the buyer and the Card moves to the buyer’s Collection, with title remaining with Monster until a Completed Sale to the buyer under Section 6(b), and (ii) the sale price, less applicable fees, is credited to your Account Balance as Withdrawable Balance. All Marketplace sales are final, except where a sale is reversed under Section 9(e) or because of an error by Monster. Monster acts as the seller’s agent for the limited purpose of completing the transfer of Card Rights and is not the seller of user-listed Cards. Cards may only be sold through the Marketplace while in the Vault. You may not arrange to sell, or accept payment for, a Card in the Vault outside the Products.
(c) Marketplace Fees. Monster currently charges a seller fee of 2.5% of the sale price for each completed Marketplace sale, deducted from the seller’s proceeds. Monster does not charge buyers a Marketplace fee. The applicable seller fee will be shown before you list. Marketplace fees, including the seller fee, are subject to change upon notice in the Application, and fee changes apply only to listings created or purchases made after the change.
(d) Auctions; Drops. The Application may offer auctions, drops, sealed products, and other purchase formats from time to time. Format-specific rules, including bid increments, payment windows, reveal mechanics, and any blind or randomized elements, will be stated in the Application and/or the Promotions Schedule before you participate. Bids are binding offers to purchase. If you win an auction and fail to pay within the stated payment window, we may cancel the sale, relist the item, suspend your Account, and/or restrict your future participation.
(e) Market Conduct. You shall not: (i) manipulate or attempt to manipulate the price of any Card or the outcome of any auction, including by wash trading, self-dealing, fictitious transactions, bid shilling, or collusion; (ii) use multiple Accounts to evade limits, capture promotions, or manipulate odds-based or points-based features; or (iii) violate any market-integrity rule stated in the Application. We may suspend access, cancel or reverse transactions, withhold promotional benefits, and report conduct to authorities where required.
(f) Leaderboards; Public Display. The Application may include leaderboards, recent-pull feeds, collection displays, and similar features that display to other users your display name or handle, your pack, Card, and Collection activity, and related rankings. We will not display your legal name, contact details, or shipping information in these features. You may opt out of appearing in them at any time through your Account settings or by contacting us at info@mnstr.xyz. Rankings and displayed results reflect activity recorded by us, are not verified for any other purpose, and are not a representation of typical results.
10. Scan
The Application may offer a feature that lets you use your device camera to scan a trading card in your personal collection that is not held by Monster, in order to identify it and add it to your Account for tracking and valuation purposes (the “Scan” feature). The Scan feature is informational only. A card added through the Scan feature remains in your possession, is not held in the Vault, is not a Card in your Collection for purposes of these TOS, and is not eligible for shipment, Sellback Offers, or the Marketplace. You cannot sell or send a card to Monster through the Scan feature, and adding a card through the Scan feature does not create any custody, bailment, or other obligation of Monster with respect to that card. Any value or identification shown by the Scan feature is an estimate only, may be inaccurate, is not an appraisal or an offer to buy, and does not authenticate or grade the card. Images you submit through the Scan feature are User Content under Section 21.
11. Points
The Products may include a points program under which you can earn points through purchases and other activities, at the rates described in the Application and the Promotions Schedule, and redeem points for packs, perks, boosts, or other items in the redemption catalog (hereinafter “Points”). Points are a promotional loyalty feature, they are provided at no additional charge, are non-transferable, may not be sold, bartered, or exchanged outside the Products, have no cash or monetary value, are not stored value, part of your Account Balance, property, or a financial instrument, and are not redeemable for cash. We reserve the right, at our sole discretion, to modify, suspend, limit, or terminate the Points program, and to adjust Points balances to correct error, fraud, or abuse, in each case in accordance with Section 1 notice mechanics for material changes. Packs obtained through Points redemptions are subject to Section 5 in the same manner as purchased packs, except that Cards revealed from packs obtained through Points redemptions are not eligible for an Instant Sellback Offer under Section 5(e). Such Cards may be kept in your Collection, shipped to you under Section 7, or listed on the Marketplace under Section 9.
12. Account Balances; Withdrawals
(a) Account Balance. Your “Account Balance” is the U.S. dollar amount shown in your Account, made up of your Withdrawable Balance and your Store Credit. Payments, deposits, and withdrawals are processed through our third-party payment provider, Coinflow, and are subject to its terms. Monster’s books and records are the definitive record of your Account Balance. YOUR ACCOUNT BALANCE IS NOT A DEPOSIT OR SAVINGS ACCOUNT WITH MONSTER, DOES NOT EARN INTEREST, AND IS NOT INSURED BY THE FDIC, SIPC, OR ANY OTHER GOVERNMENTAL PROGRAM.
(b) Withdrawable Balance and Store Credit. “Withdrawable Balance” means amounts credited to you from accepted Sellback Offers, Marketplace sales, and credits for lost Cards or inventory errors under Section 6. “Store Credit” means funds you add under Section 4(b), refunds issued as credit, and promotional credits. Store Credit may be used only for purchases on the Products, is non-transferable, and cannot be withdrawn except on Account closure under Section 8(b) or as required by applicable Law. Store Credit does not expire. Promotional credits are subject to the Promotions Schedule.
(c) Withdrawals. Only your Withdrawable Balance may be withdrawn. Funds you add under Section 4(b) and other Store Credit may be used only for purchases on the Products and cannot be withdrawn, except on Account closure under Section 8(b) or as required by applicable Law. Before your first withdrawal, you must complete Identity Verification through Coinflow under Section 3(c), and we may require you to repeat it. You may withdraw to a supported payment method in your name, including a debit card, a bank account, or other methods listed in the Application where available. Withdrawals are subject to a minimum of $6 per withdrawal, or such other minimum as is shown in the Application. Monster may set, change, or apply daily or other withdrawal limits at its discretion, including for fraud prevention, compliance, or risk management purposes, and any limits that apply to you will be disclosed in the Application. Standard withdrawals are free and will ordinarily be paid within a reasonable time, generally within two (2) weeks after you request them. Instant withdrawals, where available, may carry a fee, which will be shown in the Application before you confirm the withdrawal, and any change to that fee will apply only to future withdrawals. We may require tax documentation (such as an IRS Form W-9) before processing withdrawals, and may issue tax forms to you, where your withdrawals or sales exceed thresholds set by the IRS or other applicable Law. You are responsible for providing accurate payment details, and withdrawals sent to the details you provide are final.
(d) Holds. We may delay or suspend a withdrawal or other payout where required for legal compliance, sanctions screening, fraud prevention, or security, and will communicate the reason to you except where prohibited by Law.
(e) Set-Off; Corrections. We may correct errors in your Account Balance and may deduct from your Account Balance any amounts you owe us under these TOS, including reversed payments and unpaid fees, to the extent permitted by applicable Law.
(f) No Fiduciary Relationship. Nothing in these TOS creates a trust, fiduciary, advisory, or agency relationship between you and Monster.
13. Promotions Schedule; Sweepstakes; Partner Program
(a) Promotions Schedule. Feature-specific mechanics for promotional and gameplay features, including bonus features (such as Can’t Lose, Lucky Boost, and Dupe Shield), promotional credits, Points earning and redemption rates, drop formats, and the Partner Program, are set out in the Monster Promotions Schedule published at monster.xyz/promotions (the “Promotions Schedule”), which is incorporated into these TOS by reference. The Promotions Schedule may be updated from time to time; updates apply prospectively only, each version of the Promotions Schedule will bear its own effective date, and we maintain an archive of prior versions. In the event of any conflict between these TOS and the Promotions Schedule, these TOS control, and the Promotions Schedule may supplement but may not reduce your rights under Sections 5, 6, 7, 8, and 12. Promotional credits are Store Credit, may not be withdrawn or transferred, and are subject to any expiration or forfeiture terms stated in the Promotions Schedule.
(b) Sweepstakes and Giveaways. Sweepstakes, giveaways, and contests are governed by the official rules published for each such promotion, which will state eligibility, entry methods, odds, prizes, and any free alternative means of entry. NO PURCHASE IS NECESSARY TO ENTER ANY SWEEPSTAKES OR GIVEAWAY, AND A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. Promotions are void where prohibited by Law.
(c) Referral Program. The Products may include an invite-only referral program under which participants receive compensation based on activity attributable to their referral code, as described in the Promotions Schedule and any separate Referral Terms. Referral participants are independent third parties, not our employees or agents. Any participant who creates or publishes content about Monster must clearly and conspicuously disclose their material connection to Monster, consistent with the FTC’s Endorsement Guides, and may not make earnings, value, or odds claims not published by Monster. We may modify, suspend, or terminate the referral program or any participant’s eligibility at any time, and may withhold compensation for fraud, self-referral, or abuse.
14. Responsible Use
Opening packs is meant to be fun. Purchase packs only with money you can afford to spend on collectibles. The Application provides tools to help you manage your spending, including optional limits you can set on purchases and on adding funds (Monster may also set, change, or apply daily or other limits on purchases and adding funds at its discretion, including for fraud prevention, compliance, or risk management purposes, as disclosed in the Application), and you may request self-exclusion at any time by contacting info@mnstr.xyz, in which case we will disable pack purchases and adding funds for your Account for the period you request (minimum 30 days, irrevocable during the period). During any self-exclusion or exclusion, you may still request shipment of your Cards, accept available Sellback Offers, and withdraw your Withdrawable Balance. If you believe you may have a problem with compulsive spending or gambling, help is available: in the United States, call or text 1-800-GAMBLER, or visit ncpgambling.org.
15. Taxes
We are not responsible for determining the withholding, sales, use, value added, transfer or other tax, together with any interest and penalties imposed with respect thereto (“Taxes”), that apply to your use of our Products, except that we or the applicable Payment Processor or merchant of record may collect and remit sales or use tax where required by Law including at the time of purchase or shipment as shown in the Application. You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions, including your sales of Cards through Sellback Offers and the Marketplace, and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. We may require tax documentation (such as an IRS Form W-9) as a precondition to certain payouts, withdrawals, or shipments, and may issue information returns where required by Law.
16. Proprietary Rights; Third-Party IP
As between you and us, we own, solely and exclusively, all right, title and interest in and to the Products and all elements thereof, including any and all graphics, images, text, files, designs, systems, methods, information, computer code, software, scripts, services, marks and branding, the selection and arrangement thereof, including all intellectual property and proprietary rights (whether registered or unregistered, in any jurisdiction) related to any of the foregoing. All rights in and to the Products not expressly granted to you under these TOS are expressly reserved. Your purchase of a Card (including title to it upon a Completed Sale under Section 6(b)) conveys rights in the physical collectible only, and does not convey any intellectual property rights in any artwork, character, name, or logo depicted on the Card, all of which remain with their respective owners. Pokémon is a trademark of Nintendo, Creatures Inc., and Game Freak Inc.; One Piece is a trademark of its respective owners; and other card game and sports properties referenced in the Products are trademarks of their respective owners. Monster is not affiliated with, endorsed by, or sponsored by any of those entities. Cards sold on the Products are genuine products resold by Monster or by other users.
17. Limited License
Subject to the restrictions and limitations set forth in these TOS, and contingent upon your ongoing compliance with these TOS, we grant you a personal, worldwide, revocable, non-exclusive, and non-assignable license to use the Products. The only purpose of this license is to allow you to use the Products solely as permitted by these TOS.
18. Prohibited Use
Any commercial distribution, publishing, use or exploitation of the Products or any element thereof (including any content, software, code, data or materials used in or available on the Products) is prohibited. As a condition of your access to and use of the Products, you agree that you will not use the Products or any element thereof for any purpose that is unlawful, commercial in nature or prohibited by these TOS. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Products from a jurisdiction where such access or use is illegal or unauthorized. By way of example, and not limitation, you agree that you shall not: (a) use the Products for, or to promote or facilitate, illegal activity (including, without limitation, money laundering, financing terrorism, tax evasion, buying or selling illegal drugs, contraband, counterfeit goods, or illegal weapons); (b) exploit the Products for any unauthorized commercial purpose, including unauthorized resale of packs or bulk purchasing for resale; (c) upload or transmit viruses, worms, trojan horses, time bombs, cancel bots, spiders, malware, or any other type of malicious code; (d) attempt to or actually copy or make unauthorized use of all or any portion of the Products, including attempting to reverse compile, reformat or frame, disassemble, or reverse engineer any part of the Products, or to predict, manipulate, or exploit the randomization process; (e) harvest or otherwise collect information from the Products for any unauthorized purpose; (f) use the Products under false or fraudulent pretenses or otherwise be deceitful, including creating multiple Accounts, using phone numbers or payment methods not issued to you, or misrepresenting your location; (g) interfere with other users’ access to or use of the Products; (h) interfere with or circumvent the security features of the Products or any third party’s systems, networks, or resources used in the Products; (i) evade or attempt to evade any geographic, eligibility, or access restriction, including by using a VPN or a modified or jailbroken device; (j) access the Products through bots, scripts, or other automated means; (k) knowingly exploit any error or bug in the Products, including any pricing, odds, sellback, or balance error, rather than reporting it to us; (l) engage in any anticompetitive behavior or other misconduct; or (m) sell, pledge, or create or purport to create any security interest, derivative claim, or other encumbrance over any Card in the Vault or your Account Balance, other than a sale through the Products.
19. Restriction of Access
We reserve the right to deny access and use privileges to anyone (and to suspend, restrict or terminate any Account) at our sole and absolute discretion, including without limitation if we suspect that any Account has or will be used for any fraudulent, illegal, or other unauthorized purposes, or that you are located in an Excluded Jurisdiction. Where practicable, restriction will first take the form of purchase-only restrictions (no new pack purchases). We may place a temporary hold on Cards or Account Balance while we investigate suspected fraud, breach of these TOS, or a legal or compliance matter. Suspension or termination of your Account does not, by itself, end your Card Rights or your right to your Withdrawable Balance. Following any suspension or termination, and subject to your compliance with Identity Verification and amounts you owe us, you will retain the ability to request shipment of your Cards under Section 7 and payment of your Withdrawable Balance under Section 12 (and, on closure, your refundable Account Balance under Section 8(b)), except where and for so long as we are prohibited by Law from providing them. We will make shipment available under Section 7 within thirty (30) days of your request, using such identity verification means as are then available to us. We may permanently retain amounts or Cards only to the extent reasonably necessary to reverse the benefit of fraud, cheating, chargebacks or payment reversals, or other serious breach of these TOS, to comply with Law (including anti-money laundering and sanctions Law) or a court order, or to compensate Monster or other users for losses directly caused by your breach.
20. Third Party Websites and Services
The Products may contain links or connections to third party websites and services, including Payment Processors, Vault partners, grading companies, identity verification providers, pricing and data providers, and carriers, and third party websites may link to the Products. The inclusion in the Products of any link to a third party website does not constitute an endorsement or sponsorship by us of such third party website, or the information, content, products, services, advertising, code or other materials presented on or through such third party website. Any reliance on the contents of a third party website or service is done at your own risk and is subject to their own terms and conditions.
21. User Content
The Products may provide you with the opportunity to submit, post, display, transmit or otherwise make available certain content, including shared pull or collection cards, images submitted through the Scan feature, messages, files, data, comments, and other items. By submitting, transmitting, posting, displaying or otherwise making available any content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free and fully paid-up license to exploit such content for our lawful business purposes, including to provide, promote, and improve the Products, without obligation. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein. We shall have the right, but not the obligation, to monitor, edit, or remove any content submitted to or posted through the Products.
22. Representations and Warranties
In addition to any representations and/or warranties set forth elsewhere in these TOS, you represent and warrant that at all relevant times: (a) neither your performance under these TOS, nor your use of the Products in accordance with the terms herein, has violated or will violate any applicable Law; (b) you are of legal age, in the jurisdiction in which you reside, to enter into a binding contract (and in any event are older than eighteen (18) years of age); (c) you have full legal authority without any further action or other party’s consent to enter into and perform this agreement and to give these representations and warranties; and (d) you acknowledge and affirm that you are purchasing Cards for purposes of acquiring physical collectibles for personal enjoyment and not for any investment or speculative purposes, and that any economic benefit that may be derived from appreciation in the value of a Card is incidental to obtaining it for its collectible purpose. You also represent and warrant that at all relevant times: (i) your use of the Products is genuine and not the product of any collusive or other anti-competitive agreement and otherwise consistent with any applicable antitrust laws; (ii) you have no knowledge or reason to suspect that the funds used are connected with the proceeds of criminal activity; (iii) you are not, nor are you owned by, controlled by, or acting on behalf of, an entity or individual that is the subject of economic sanctions, embargoes or other trade restrictions in any jurisdiction, or otherwise located, organized, or resident in a sanctioned jurisdiction; (iv) you meet, and will continue to meet, the eligibility requirements of Section 3; (v) you hold the Card Rights to any Card you list on the Marketplace, free of any lien or claim; and (vi) you are using the Products only with funds you can afford to spend on collectibles.
23. General Release of All Claims
To the fullest extent permitted by applicable law, you do hereby irrevocably and unconditionally release, cancel, and forever discharge Monster and its affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, directors, partners, members, providers, representatives, and licensors (collectively, the “Released Parties”) from any and all claims, complaints, causes of action, demands, damages, obligations, liabilities, losses, promises, agreements, controversies, penalties, expenses, and executions of any kind or nature whatsoever, whether known or unknown, actual or potential, whether arising in law or in equity, which you may have, may have had, or may in the future obtain, arising out of or relating to any acts, omissions, agreements, or events relating in any manner to the Products, except for the right to enforce these TOS. Without limitation on the foregoing, you have been made aware of, fully understand, and expressly, knowingly, and intentionally waive any and all rights, benefits, and other protections afforded by federal or state statute or common law principles which set forth that “a general release does not extend to claims that the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the released party” and of any other analogous federal or state statute or common law principle that limits the scope of a general release. Nothing in this Section releases or waives any claim or right that cannot be released or waived under applicable Law. If any portion of this Section is held unenforceable, the remainder continues in full force and effect. Nothing in this Section releases or waives Monster’s obligations with respect to Cards in the Vault under Section 6, your Account Balance under Section 12, your Card Rights, or your rights under Sections 8 and 19.
24. Indemnification
You agree to defend, indemnify on demand and keep Monster and the Released Parties indemnified, and hold them harmless from any and all third-party claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees and the costs of enforcing this Section, arising in any way from (a) your use of or reliance on the Products or any services, content, functions, information, materials, or products available through the Products, (b) your placement or transmission of any transaction, message, content, information, software or other materials through the Products, (c) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these TOS, including any representation or warranty you make under Section 22, (d) Taxes for which you are responsible under Section 15, (e) any use of your Account by any person to whom you gave access or who obtained access through your failure to secure your credentials or device, (f) your retention of any Card shipped to you by mistake, in breach of Section 7(e), or (g) your listing or sale of any Card on the Marketplace. We will notify you of any claim for which we seek indemnity under this Section, and you will cooperate with us in defending it. We may assume and control the defense and settlement of any such claim, at your expense and with counsel of our choosing, and you may not settle or compromise any such claim in a manner that imposes any obligation on, or admits any fault by, a Released Party without our prior written consent. Your obligations under this Section do not apply to the extent a claim is finally determined by a court or arbitrator of competent jurisdiction to have been caused by the gross negligence, willful misconduct or fraud of a Released Party. This Section survives any termination of these TOS or of your Account.
25. Disclaimer of Warranties
The Products are provided on an “As Is” and “As Available” basis without any guarantee, representations or warranties by us, except as expressly stated in these TOS. Grading of Cards is performed by independent third-party grading companies, and we make no representation or warranty as to the accuracy of any grade, the condition of a Card within its encapsulation, or the market value, rarity, provenance, or future value of any Card, beyond our representation that Cards sold by Monster are authentic products graded and encapsulated by the stated grading company. If a Card you receive from us is determined not to be an authentic product graded and encapsulated by the grading company stated at the time of your purchase, your exclusive remedy, and our sole obligation, is at our election to refund the amount you paid for the applicable pack or Card or to replace the Card with a Card of comparable FMV, provided that you notify us within ninety (90) days after reveal, Marketplace purchase, or delivery and make the Card available to us for inspection. Monster’s representation in this Section also applies to Cards purchased from other users on the Marketplace while those Cards remain in the Vault. You should not take, or refrain from taking, any action based on any information contained on monster.xyz or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets, and videos. We offer the Products as a convenience. Broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, for example, in relation to accessing the Products and in maintaining continuity of such access.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, AND MATERIALS AVAILABLE THROUGH THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, EXCEPT AS EXPRESSLY STATED IN THESE TOS AND EXCEPT IN SO FAR AS SUCH OBLIGATIONS CANNOT BE EXCLUDED BY LAW.
WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT: (A) THE PRODUCTS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, OR MATERIALS AVAILABLE THROUGH THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE; (C) THE PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED; (E) THE PRODUCTS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) ANY CARD WILL RETAIN OR ACHIEVE ANY PARTICULAR VALUE, OR THAT ANY SELLBACK OFFER, MARKETPLACE BUYER, OR MARKETPLACE LIQUIDITY WILL BE AVAILABLE AT ANY PARTICULAR TIME, EXCEPT AS EXPRESSLY STATED IN THESE TOS.
26. LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT, INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THESE TOS, (B) THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS OR THE CONTENT, MATERIALS, INFORMATION, OR FUNCTIONS AVAILABLE THROUGH THE PRODUCTS, (C) YOUR PROVISION OF INFORMATION VIA THE PRODUCTS, (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PRODUCTS, (E) ANY INFORMATION POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PRODUCTS, OR (F) LOST PROFIT, BUSINESS OR SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RELEASED PARTIES’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100.00) OR THE TOTAL AMOUNTS YOU PAID TO MONSTER IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION LIMITS (I) MONSTER’S OBLIGATIONS WITH RESPECT TO CARDS IN THE VAULT UNDER SECTION 6, (II) YOUR CARD RIGHTS OR YOUR RIGHT TO RECEIVE YOUR WITHDRAWABLE BALANCE UNDER SECTION 12, OR (III) ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
27. Acknowledgement and Acceptance of Risk
(a) Collectibles Market Risk. You acknowledge and agree that the market for trading cards and collectibles is volatile and unpredictable, that the value of any Card is subjective and may decline, that grading standards and market preferences change over time, and that fluctuations in the collectibles market could materially and adversely affect the value of Cards, including Cards you choose to keep in your Collection for any period. Estimated values displayed in the Application are estimates only.
(b) Randomized Purchase Risk. You acknowledge that pack contents are determined at random from disclosed odds, that lower-value Cards are more common than higher-value Cards, that the Card you receive will frequently be worth less than the price of the pack, and that you should never purchase packs as a means of making money.
(c) Custody and Operational Risk. You acknowledge that Monster holds the Cards in your Collection (and retains title to them until a Completed Sale under Section 6(b)) and maintains your Account Balance, that your access to them depends on the continued operation of Monster’s systems and those of its Vault partners, Payment Processors, and other service providers, and that technical failures, security incidents, recordkeeping errors, or the acts or omissions of third parties may delay your ability to ship, sell, or withdraw. Monster’s obligations in those events are as stated in Sections 6, 7, and 12. You accept the inherent security risks of providing information and conducting business over the Internet.
(d) Third-Party and Regulatory Risk. You accept and acknowledge that (i) we do and will rely on third parties in the operation of the Products, including Vault partners, grading companies, Payment Processors, identity verification providers, and carriers; and (ii) the applicable regulatory landscape governing collectibles commerce, randomized products, custodial services, and payments is evolving, and new regulations or policies may materially affect the Products or your ability to access or use them.
(e) No Implicit Endorsements. You acknowledge that reference on the Products to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
(f) Local Standards. You acknowledge that the Products and the content, materials, information, or functions available through the Products may not be appropriate for use in all locations. Persons who choose to access the Products do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
28. Governing Law, Dispute Resolution and Class Action Waiver
(a) Governing Law. These TOS and the relationship between you and us shall be governed by and construed in accordance with the laws of the State of Delaware applicable to contracts entered into and performed in Delaware by residents thereof, without regard to conflicts of laws principles; provided that all provisions hereof related to arbitration shall be governed by and construed in accordance with the Federal Arbitration Act (U.S. Code Title 9).
(b) Dispute Resolution. We will use good faith efforts to resolve any potential disputes through informal negotiations. If a potential dispute arises, you must contact us by sending an email to legal@mnstr.xyz describing the claim and the relief sought so that we can attempt to resolve it without resorting to formal dispute resolution. If we are unable to reach an informal resolution within thirty (30) days of your email, then you and we both agree to resolve the potential dispute according to the process set forth herein. All applicable statutes of limitations are tolled during that thirty (30) day period. Any claim or controversy arising out of or relating to the use of our Application, other Products, these TOS, or any other acts or omissions for which you may contend that we are liable, including, but not limited to, any claim or controversy as to arbitrability, shall be finally and exclusively settled by arbitration administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules in effect when the arbitration is commenced. You understand that you are required to resolve all disputes by binding arbitration. The arbitration shall be held on a confidential basis (to the fullest extent possible under applicable law) before a single arbitrator, who shall be selected pursuant to AAA rules. The seat and venue of arbitration is New York County, New York, and hearings will be conducted by videoconference by default, unless you and we agree otherwise or the arbitrator determines that an in-person hearing is required. Either party may elect to have a dispute heard in small claims court if it qualifies for that court’s jurisdiction. The arbitrator may award any relief available in court (excluding class-wide relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If for any reason a claim by law or equity must proceed in court rather than in arbitration, you agree to waive any right to a jury trial and any claim may be brought only in a Federal District Court or a New York state court located in New York County, New York.
(c) Class Action and Jury Trial Waiver; Mass Filings. You must bring any and all disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. Notwithstanding anything to the contrary in these TOS, nothing in these TOS waives your right to seek public injunctive relief, and any claim for public injunctive relief is severed from arbitration, stayed pending arbitration of your remaining claims, and heard in a court identified in Section 28(b). If the class action waiver in this Section is found unenforceable as to any claim or part of a claim, then the agreement to arbitrate is void as to that claim or part, which shall instead proceed in a court identified in Section 28(b), and Section 31 shall not apply to this sentence or to the class action waiver. You and we both agree to waive the right to demand a trial by jury. You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in these TOS by sending written notice of your decision to opt-out to legal@mnstr.xyz. The notice must be sent to us within thirty (30) days of agreeing to these TOS (or if this Section pertaining to arbitration is materially amended hereafter, within thirty (30) days of such amendment being effective), otherwise you shall be bound to arbitrate disputes in accordance with these TOS, and the notice must specify your name and mailing address. If twenty-five (25) or more similar demands for arbitration are filed by or with the coordination of the same or coordinated counsel, the parties agree the demands will be administered under the AAA Mass Arbitration Supplementary Rules (or the AAA’s then-current mass-filing procedures), including staged bellwether proceedings of up to ten (10) cases followed by a global mediation of remaining demands, to promote efficient and fair resolution; each claimant retains the right to an individualized determination.
29. Termination
Notwithstanding anything to the contrary set forth in these TOS, we may terminate access to all or any part of the Products at any time, and/or block or prevent future access to and use of the Products, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using the Products, except that (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of these TOS shall survive, (b) your Card Rights, your Withdrawable Balance, and any Store Credit refundable under Section 8(b) are addressed in Sections 8, 12, and 19, and (c) the provisions of these TOS that by their nature are intended to survive termination shall so survive. For the avoidance of doubt, no suspension or termination, by itself, ends your Card Rights, and our obligations with respect to Cards in the Vault under Section 6 and your Withdrawable Balance under Section 12 survive. If we discontinue the Products entirely, we will give you at least sixty (60) days notice to ship or sell your Cards and withdraw your Withdrawable Balance, we will refund any remaining Store Credit other than promotional credits as described in Section 8(b).
30. Injunctive Relief
You agree that a breach of these TOS will cause irreparable injury to Monster for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
31. Severability
Wherever possible, each provision of these TOS shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these TOS shall be prohibited by or invalid under applicable law, such provision shall be deemed modified to the extent necessary to make it enforceable under applicable law. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of these TOS, but these TOS shall be construed as if such unenforceable provision had never been contained herein.
32. Assignment
We have the unrestricted right to assign these TOS, and/or any of the rights granted hereunder, in whole or in part, to any entity as we may determine from time to time in our sole discretion, provided that any assignee of our custody obligations must assume our obligations with respect to Cards in the Vault and Account Balances. You may not assign these TOS.
33. Miscellaneous
We both agree: (a) these TOS incorporate the applicable Privacy Policy, the Promotions Schedule, and any other terms applying to your use of the Products by reference; (b) captions are inserted for reference and convenience only and in no way define, limit, or describe the scope of these TOS or intent of any provision; (c) a waiver by us of any term or condition of these TOS in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or any subsequent breach thereof; (d) other than the Released Parties, who are intended third-party beneficiaries of Sections 23, 24, 25 and 26 and may enforce those Sections directly, these TOS shall not give any right or remedy to any third party whatsoever unless said right or remedy is specifically granted by us in writing to such third party; (e) these TOS contain our entire understanding relating to the subject matter hereof; (f) these TOS cannot be changed except as set forth herein or by written agreement signed by us; (g) we may from time to time in the future offer additional products, and such additional products shall be considered Products as used herein, regardless of whether such product is specifically defined in these TOS; (h) we reserve the following rights, which do not constitute obligations of ours: (i) with or without notice to you, to modify, substitute, eliminate or add to any of the Products, and (ii) to review, modify, filter, disable, delete and remove any and all content and information from any of the Products, in each case subject to Sections 6, 8, 12 and 19; (i) we shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, power or internet failures, carrier delays, or acts or omissions of Vault partners, Payment Processors or other third parties, provided that this clause does not suspend our obligations under Section 6(e); and (j) you consent to receive all communications, agreements, and notices from us electronically, through the Application or at any contact information you provide, and such electronic communications satisfy any legal requirement that a communication be in writing.
34. Copyright Agent; DMCA
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named in Section 35 below: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
35. Further Inquiries
You may direct questions about these TOS, or other issues, to:
Monster Strategy, Inc.
223 Bedford Ave PMB 78, Brooklyn, NY 11211
legal@mnstr.xyz | info@mnstr.xyz | Copyright Agent: Monster Strategy, Inc., Attn: Legal, legal@mnstr.xyz
Last Modified: November 6, 2026