Last Update: December 1, 2023
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE.
1. WHAT SERVICES DO THESE TERMS COVER? These terms of use ("Terms") cover the following products and services ("Service") however accessed and/or used, which are operated by or otherwise made available by the Transient Universe, Inc. or its affiliates ("we", "us", or "our"):
(i) www.transientuniverse.com;
(ii) www.pocketdexapp.com;
(iii) The Pocket Dex app;
(iv) All apps published by Transient Universe Inc, whether for tablets, smart TVs, video game consoles, social media platforms, mobile devices or other platforms ("Apps"), unless otherwise indicated in the app;
(v) All email newsletters published or distributed by Transient Universe Inc; and
(vi) All other interactive features, services, and communications provided by Transient Universe Inc.
2. THIS IS AN AGREEMENT BETWEEN YOU AND TRANSIENT UNIVERSE INC. By accessing, downloading, or using the Service, you acknowledge that you have read, understood and agreed to these Terms and any code of conduct that we may put forth from time to time. Where you are permitting a minor to use the Service, you are also agreeing that the minor will adhere to the Terms. Transient Universe Inc’s Privacy Notice (www.transientuniverse.com) ("Privacy Notice"), explains Transient Universe Inc's collection, use, transmission and disclosure of your personal information provided by or collected from you. By agreeing to be bound by these Terms, you are also agreeing that you have read and understood the collection, use, transmission and disclosure of your personal information or data as described in the Privacy Notice (and as amended from time to time). You should review the Privacy Notice before using the Service.
If you do not agree to these Terms, you may not access or use the Service. We may update and modify the Terms from time to time. Your continued use of the Service means that you have accepted those modifications.
3. INTELLECTUAL PROPERTY, SERVICE CONTENT, AND USER SUBMISSIONS.
All of the content found on Transientuniverse.com and websites under the Transientuniverse.com domain, including graphics, text, buttons, logos, video, audio, downloadable files, pricing information and card databases, are the property of Transient Universe Inc. and protected by United States and international copyright laws.
Additionally, graphics, logos, page headers and button icons are trademarks of Transient Universe Inc in the United States and other countries. This material may not be used in connection with any service or product outside of Transient Universe Inc without express written permission, especially in a situation likely to cause confusion among customers.
Other trademarks, graphics and logos may appear on Transient Universe Inc, but not be owned by Transient Universe Inc, including but not limited to graphics and logos for:
These materials are the property of their respective owners who may or may not be connected to or affiliated directly with Transient Universe Inc.
All communications, solicited feedback, and other materials submitted to the Service (by email or otherwise) are non-confidential and non-proprietary. By submitting material to the Service and subject to any limitations under applicable law, you give up any claims that the use of that material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such material is used. Additionally, you grant us and any successors and assigns a perpetual, royalty-free, worldwide license to use, transmit, copy and display such submitted information and material in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. No further consideration or compensation will be given for any materials or information (including but not restricted to creative, financial, business, commercial, etc.); submitted in any manner. It's also important to the success of a number of our Services that any errors or problems you discover are confidentially reported to Transient Universe Inc’s Customer Service directly so we can address them as quickly as possible. Visit (www.transientuniverse.com) for information on how to contact us.
Opinions, advice and all other information expressed by any third-parties on the Service represent their own views and not those of Transient Universe Inc. You should not rely on such opinions, advice or other information. Neither Transient Universe Inc nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates shall be responsible or liable for any decisions made based on such information.
4. USER RIGHTS AND RESTRICTIONS. These Terms grant permission to you, in your individual capacity, to use the content of Service made available to you for personal, noncommercial home use only. In no instance may you:
(i) Change or remove any copyright and other proprietary notices from content on the Service;
(ii) Modify, or create derivative works based on, the content;
(iii) Use, or facilitate the use of, any unauthorized third-party software (e.g. bots, mods, hacks, and scripts) to modify or automate operation within the Service whether for yourself or for a third party.
(iv) Use the content in any manner: (a) suggesting an association with any other products, services, or brands (b) that is likely to cause confusion among customers, (c) that disparages or discredits Transient Universe Inc, (d) that is otherwise exploitative for any commercial purpose; or (e) that otherwise infringes our intellectual property rights;
(v) Download quantities of content to a database for any reason;
(vi) Decompose, disassemble, or reverse engineer any part of any Service, or otherwise use a Service for any purpose other than those provided for by us and in conjunction with the operations of the Service;
(vii) Develop functionally similar products or services to any Service;
(viii) Use any Service for the benefit of any third party or transfer access to the Services to any third party;
(ix) Use the Service or content for commercial purposes, including, but not limited to: (a) selling access to all or part of the Service; or (b) placing advertising, sponsorships, or promotions on or within the Service or content;
(x) Avoid, circumvent, or disable any security or digital rights management protocols or mechanism in any Service;
(xi) Infiltrate any system used to operate the Service;
(xii) Take any action to cause, or exploit, known or latent malfunctions, bugs or other defects in the Service or system used to operate the Service; or
(xiii) Attempt to circumvent any restriction in any Service based upon age, geography, or other restriction imposed by us.
Furthermore, you will comply with all applicable laws and legal obligations, including those pertaining to such areas as: copyright, trademark and other intellectual property laws, libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. Violations of applicable laws may give rise to civil and/or criminal prosecution and penalties.
You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your any account, login ID and password you use in connection with the Service, including by not reusing passwords you have used with the Service for any other account. You agree that Transient Universe Inc will not be responsible for any losses arising out of any unauthorized use of your Transient Universe Inc accounts.
Notwithstanding anything to the contrary included in these Terms, we may at any time, with or without notice, suspend or terminate your access to some or all of the Service and refuse any and all current or future use of the Service at any time.
5. CONDUCT AND COMMUNITY STANDARDS. You are prohibited from posting or transmitting any material to the Service that could: (i) interfere with anyone else's use of the Service; (ii) be considered abusive, illegal, indecent, obscene, offensive, or threatening in any way; (iii) encourage anyone to break the law; (iv) violate anyone's copyright or other property right; (v) interfere with the privacy of any other user; (vi) contain a virus or any other harmful component; or (vii) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. Although we may from time-to-time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Service, we are under no obligation to do so, and assume no liability or responsibility arising from the contents of any such communications. We may change, edit, or remove any user material or conversations that we deem illegal, indecent, obscene, offensive, or otherwise violating our policies in any way. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.
6. PLAYER ACCOUNTS. In order to access some features of the Service, you will need to create a player account ("Account"). If you elect to create an Account, use an Account to sign up for other portions of the Service, or authenticate your identity on third-party-operated services, you agree to:
(i) Provide true, accurate, current and complete information about yourself ("Profile Data").
(ii) Maintain and promptly update the Profile Data to keep it accurate.
(iii) Never use another person's Account.
(iv) Bear full responsibility for the activity on your account and the security of your account credentials.
We have the right to suspend or terminate your account, with or without notice, and refuse any and all current or future use of the Service due your violation of the Terms, or if we determine in our sole discretion that suspension or termination is in the best interest of supporting a fair, wholesome and safe environment for users of the Service.
A Special Note Concerning Privacy and Children Online Parents may want their children to access this Service. Children can create an Account using the ordinary process, with your permission solicited where appropriate.
You must be at least 18 years old to buy or sell on TransientUniverse.com and affiliated websites. Transient Universe Inc does sell products that are for ages 13 and up, but it sells them to adults 18 years and older who can purchase with a credit card or other permitted payment method. If you are under 18, you may only use Transient Universe Inc with the monitoring of a parent or guardian.
Your account with Pocket Dex
You must be at least 18 years old to buy or sell on Pocket Dex and affiliated websites. Pocket Dex does sell products that are for ages 13 and up, but it sells them to adults 18 years and older who can purchase with a credit card or other permitted payment method. If you are under 18, you may only use Pocket Dex with the monitoring of a parent or guardian.
You must be honest with us. All the information you provide must be accurate. It’s unacceptable to use false information or impersonate another person or store using your account.
You must choose an appropriate name. If you decide not to have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights or otherwise violates our Terms of Service.
You are responsible for your account information. If you create an account to be used in conjunction with Pocket Dex services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You also agree to accept responsibility for all activities that occur under your account or password, including being held liable for any payments due on purchases made under your account.
You agree that you aren’t using our platform to break the law. You agree that you will not violate any laws in connection with your use of the Pocket Dex platform. This includes any local, state, federal and international laws that may apply to you. For example, as a seller, it’s your responsibility to obtain any permits or licenses that your store requires. You agree that you will not engage in fraud, theft, anti-competitive conduct, threatening conduct or any other unlawful acts or crimes against Pocket Dex, another Pocket Dex user or a third party.
Products and Pricing
Pocket Dex tries to be as accurate as possible in all aspects of card pricing and product availability. However, Pocket Dex does not guarantee that product listings, prices, descriptions, available quantities, shipping times or release dates are accurate, complete, reliable, current or error-free. If a product you purchase from Pocket Dex is not as described, your recourse is to return it or request a partial refund by working with our Customer Service Team.
Unless otherwise noted, the price displayed for products from any individual seller on Pocket Dex represents the current price for that product, not including any shipping charges, taxes or processing fees that may be required.
In regard to items sold through Pocket Dex, we cannot confirm the available quantity of items in our inventory until you proceed to checkout. At that point, the shopping cart will alert you if we are unable to ship a card. You will have the opportunity to select different cards, quantities or conditions to remedy this before checkout is completed.
Your credit card or Apple account will be charged as soon as you submit your order.
Risks and Liabilities
Items purchased within Pocket Dex will be shipped by Pocket Dex and will be the responsibility of Pocket Dex until delivery is confirmed.
In the event of a dispute regarding the delivery of your products, you must contact Pocket Dex Customer Service. For more information about resolving disputes, refer to the Disputes section of this Terms of Service.
Disputes with Pocket Dex
Buyer Protections
At Pocket Dex, you can shop knowing that you are protected from any issue where your order has not arrived or is not as described. As players and collectors ourselves, we understand it’s essential that you receive exactly what you ordered and that all the collectibles you receive are genuine.
If your order has not arrived by the estimated delivery date
If an order is late, it’s best to contact Pocket Dex to give us a chance to make things right.
To be eligible for a refund on missing orders, you must contact Pocket Dex within 30 calendar days of the estimated delivery date found in your Order History.
You can learn more about refund requirements for missing orders in our Refund Policy.
If your order is not as described
If an order is not as described, it’s best to contact Pocket Dex to give us a chance to make things right. Mistakes can happen but we will do our best to put them right.
If you suspect a counterfeit
If you believe a card you received on our platform may be counterfeit, you’ll need to submit a counterfeit claim to our dedicated customer service team. We’ll ensure you receive a full refund for any counterfeit cards. To open a counterfeit claim, please contact our dedicated Customer Support team right away with your order details. We’ll send you a prepaid mailer that you can use to send the item to Pocket Dex HQ. Our expert team will review the card to determine if it is indeed counterfeit. If it is a counterfeit, we’ll refund you in full.
Estimated Delivery Times
All orders will be shipped by Pocket Dex within 24 hours
Refund Policy
Every order you place through Pocket Dex is fully protected by our Pocket Dex Safeguard. That means 100% coverage in case anything goes wrong. Contact our Customer Service Team if you have any questions or issues with your order.
Making adjustments or canceling your order before it has shipped
If you need a change made to your order you should contact us as soon as possible after placing the order to try to adjust or cancel it before the order has shipped. Usually there is at least a 12-hour window after the order is placed to try to adjust some items, ask to combine shipping costs from multiple orders or to cancel your order in its entirety. However, there is no guarantee that you will be able to reach us before the order has shipped.
Refunding delivered sealed products
If you would like to return any factory-sealed merchandise after receiving it, for any reason, simply contact us within 48 hours of receipt. Once you are given approval for the return, return the merchandise in the same condition it was sent, and we will refund your purchase price, less the shipping charges. If the return is being made due to a mistake on our part, we will send the buyer a pre-paid, trackable parcel to return the merchandise. However, if an item was sent to you sealed (for example, a sealed starter deck) and you opened the item, that item cannot be returned. There are no exceptions to this policy.
Refunding Missing Orders
To be eligible for a refund on a missing order you must reach out no later than 30 calendar days after the order date. If your order has not arrived by the estimated delivery date, you should contact us.
We will respond within 2 business days (Monday - Friday, excluding holidays). We will attempt to provide a valid tracking and tracking status that shows a delivered status.
We will provide a full refund for the order if we are unable to provide the valid tracking or reach an alternative solution to your satisfaction.
Refunding delivered singles
Due to the volatile nature of the singles market, we do not accept returns on single cards. However, there are two exceptions to this policy.
1) If you are not satisfied with the condition of any single cards you have received, contact us within 48 hours of receipt. We will ask that you return the item for a replacement or full refund. Once we receive the returned merchandise (in the same condition it was sent) we will either exchange the item(s) or provide a full refund.
2) All orders are checked for accuracy before being shipped, but it is still possible for mistakes to happen. If you have accidentally received item(s) that you did not order or items you ordered are missing, simply contact us within 48 hours of receipt. It is the seller’s responsibility to supply the buyer with a pre-paid method of return for the merchandise (which includes envelope, return address, and postage) or to reship any missing items. We will ask that you return the item, once we receive the returned merchandise, in the same condition it was sent, we will issue you a full refund.
Limitation of Liability
Pocket Dex and all information, content, materials, products and services are provided on an “as is” and “as available” basis unless otherwise specified in writing. Pocket Dex makes no representations or warranties of any kind, expressed or implied, as to the performance or operation of Pocket Dex services or the information, content, materials or products made available to you by using the site. You expressly agree that your use of Pocket Dex is at your sole risk.
To the maximum extent allowed by relevant and applicable law, Pocket Dex disclaims all warranties. Specifically, Pocket Dex does not warrant that the Pocket Dex services, apps, servers or electronic communications are free of viruses or other harmful components. Furthermore, Pocket Dex will not be liable for any damages or loss caused by the use of Pocket Dex or from its information, content, materials or products.
Some state laws do not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions and limitations may not apply to you, and you may have additional rights provided by the laws of your state.
7. Products and Pricing. Transient Universe Inc tries to be as accurate as possible in all aspects of card pricing and product availability. However, Transient Universe Inc does not guarantee that product listings, prices, descriptions, available quantities, shipping times or release dates are accurate, complete, reliable, current or error-free. If a product you purchase from Transient Universe Inc is not as described, your recourse is to return it or request a partial refund by working with our Customer Service Team. The details of how to resolve such a dispute can be found here – www.transientuniverse.com. Unless otherwise noted, the price displayed for products from any individual seller on Transient Universe Inc represents the current price for that product in “Near Mint” condition (unless otherwise noted), not including any shipping charges, taxes or processing fees that may be required.
8. THIRD-PARTY PRODUCTS AND SERVICES. The Service may contain links to third party websites, services and platforms that are not owned or controlled by us. We are not responsible for content on a site operated by a third party, including content on a site operated by a distributor who links to the Service with Transient Universe Inc's consent. Furthermore, we are not responsible for maintaining any materials referenced from another site, and makes no warranties for that site or this Service in such context. Additionally, certain features in the Service may require you to register certain information, including 3rd party account information (like iTunes or Google Play account information). We are not responsible for any failure of such software, or services, including any damage to data.
9. UPDATES AND CHANGES TO THE SERVICE. We may, from time to time, issue patches or updates for portions of the Service which must be installed to continue using those portions of the Service. You consent to receive and install those patches and updates in order to continue using the Service. You also accept that all or portions of the Service may experience server issues that make it temporarily unavailable, and that we may in our sole discretion and without notice terminate all or any part of the Service. You accept that you will have no recourse of any kind against us even if this causes you to lose data or to have no further access to all or part of the Service.
10. DISCLAIMER. THE SERVICE AND ALL CONTENT THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SERVICE, YOUR ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICE, AND THAT NEITHER TRANSIENT UNIVERSE INC NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SERVICE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO TRANSIENT UNIVERSE INC'S NEGLIGENCE, WILL TRANSIENT UNIVERSE INC OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SERVICE, EVEN IF TRANSIENT UNIVERSE INC OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF TRANSIENT UNIVERSE INC AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) EXCEED $100.00. YOU UNDERSTAND THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS LISTED ABOVE ARE A CONDITION OF US MAKING THE SERVICE AVAILABLE TO YOU. WITHOUT THEM, WE WOULD NOT AND COULD NOT MAKE THE SERVICES AVAILABLE. You accept that if we discover that you have violated any portion of these Terms, we may take any step we deem appropriate including but not limited to terminating your Account and access to the Services. You acknowledge that if that happens, you will not receive any reimbursement or other compensation for any items that may be associated with your account at the time of termination.
11. INDEMNIFICATION. You agree to indemnify, defend, and hold Transient Universe Inc and its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in the defense of any claim. Transient Universe Inc reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Transient Universe Inc.
12. GENERAL PROVISIONS. These Terms, our Privacy Notices, and any additional terms posted on this Service together constitute the entire agreement between Transient Universe Inc and you with respect to your use of this Service. Any cause of action you may have related to your use of this Service must be commenced within 1 year after the claim or cause of action arises. If a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of these Terms will continue in full force and effect. These Terms are governed by and construed in accordance with the laws of the State of Delaware. You irrevocably agree that the state and federal courts located in the State of Delaware, U.S.A. will have exclusive jurisdiction over any dispute which may arise out of or in connection with these Terms in respect of any claim brought against us by you and will have non-exclusive jurisdiction over any claim brought against you by us. You agree to accept service of process by mail in the state in which your domicile is located as specified by you to us. THE PARTIES HEREBY WAIVE TRIAL BY JURY. You agree that this provision will survive termination or expiration of this Agreement.