UpperDeckU

Terms and Conditions

TERMS AND CONDITIONS OF PURCHASE

THE TERMS AND CONDITIONS SET FORTH BELOW GOVERN THE SALE OF PRODUCTS AND SERVICES ON THIS SITE, HOWEVER MADE, AND YOUR PURCHASE OF THOSE PRODUCTS AND SERVICES. BY YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS. THE PLACING OF ANY ORDER ON THIS SITE IS AN OFFER WHICH UPPER DECK MAY ACCEPT VIA RECEIPT OR DELIVERY OF GOODS OR SERVICES. ACCEPTANCE OF ANY OFFER IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND UPPER DECK’S GENERAL TERMS AND CONDITIONS.

DIGITAL PACKS AND CREDITS

The purchase of Digital Packs, Credits and fantasy items sold on this site are purchases of a limited, non-transferable, revocable license. The license may be terminated immediately if your account is terminated for any reason including but not limited to the sale of Digital Packs, Credits, Players or fantasy items in Upper Deck’s sole and absolute discretion, or if Upper Deck discontinues providing the Digital Packs and Credits on the Site. Premium Subscriptions may be offered in a variety of forms, during given periods or certain premium play, for a given period.

Digital Packs, Credits and fantasy items sold on the Site have no monetary value, are non-refundable, non-transferable and cannot be sold or otherwise used to purchase products from any other Upper Deck site or product listing or any products or services other than those on the site in-game play offered by Upper Deck. “Digital Packs and Credits” are a unit of game play that is purchased and can be redeemed for certain game play and virtual items that are used in game play.

By your purchase you obtain no property interest in Digital Packs and Credits, nor any purchases of site items including but not limited to Player(s), accessories or other fantasy items. These remain the exclusive property of Upper Deck subject only to a limited, non-transferable revocable license to use such on this site for in-game play subject to these Terms and Conditions of Purchase and Upper Deck’s general Terms and Conditions. Any attempt to sell or transfer Digital Packs or Credits, points or awards will result in an automatic termination by Upper Deck of your limited license. All purchases of Digital Packs, Credits, subscriptions, points, awards, and fantasy items are merely licensed game play activities and as such they are deemed consumed upon purchase and terminate upon termination of your account for any reason including violation of any Upper Deck Terms and Conditions.

Prices shown on the site are subject to change without notice. Current prices will be reflected at time of adding item to your cart. All charges made for any product or service will be visible at Check Out before you complete your purchase.

Sales tax, if applicable, will be collected. Sales tax is determined by state and accordingly you will be prompted to enter your state of residency at time of placing your order. Applicable sales tax will be added to your purchase.

All Digital Packs and Credits and any other items or services that may be offered from time to time within the Site, are non-refundable, except, in Upper Deck’s sole and absolute discretion or as required by applicable law. Fantasy items purchased will be available for use as soon as reasonably practicable.

PREMIUM SUBSCRIPTIONS

Premium Subscriptions may be offered by Upper Deck to subscribers. In the event a premium subscription is offered and you chose to participate, premium subscription fees may either be fixed term, e.g. six months (6 months) or annually. Fees for either service will be charged on a monthly basis. At time of registration for a premium subscription, you will be asked to chose term as well as input credit card or other payment information. This information will be saved in Upper Deck’s system and by your registration, you authorize Upper Deck to charge applicable monthly recurring Premium Subscription fees for the fixed term to your credit card or other authorized payment method. Monthly Premium Subscriptions are billed on a thirty (30)-day cycle, which begins upon subscription service registration and ends thirty (30) days thereafter (each a "Subscription Month"). The fee for each Subscription Month is charged on the 1st day of the Subscription Month or within a reasonable time thereafter.

Users under the age of eighteen (18) or under the age of nineteen (19) in Alabama or Nebraska or under the age of twenty-one (21) in Mississippi are required to have the permission of their parents or legal guardians to make any purchase on this site including Premium Subscriptions. You, if you are over the age set forth above for your specific area of residency, or your parent or legal guardian where you are under the age for your specific residency set forth above, are solely responsible for payment of all purchases made on the site. By engaging in any purchase on the site, you represent and warrant that your parent or legally guardian has made the purchase on your behalf where applicable, or that you are legally permitted to make charges to the credit card or that you are the card holder or an authorized user of the card holder.

Subscriptions may be canceled by providing notification to Upper Deck. Your subscription cancelation will become effective at the end of the subscription month in which Upper Deck receives your cancelation notice. Upper Deck will not refund any fees paid to it by you for any subscription, product or service purchased on site. Notwithstanding the foregoing, if you have agreed on a fixed or minimum term for your Premium Subscription, you further agree that the subscription may not be canceled prior the agreed fixed or minimum term.

SECURE SHOPPING GUARANTEE

We use the industry-standard encryption protocol known as Secure Socket Layer (SSL) to keep all of your order, billing, and shipping information secure.

We have established a Secure Shopping Guarantee for every transaction that you make on Upper Deck’s website. Should any unauthorized charges appear on your credit card as a result of shopping on our website, you must notify your credit card provider in accordance with its reporting rules and procedures.

REFUND AND RETURN POLICY

Upper Deck will not refund or return purchases of Digital Packs, Credits, Subscriptions or fantasy items purchased by you through our site unless such product is grossly misrepresented by Upper Deck. Upper Deck will accept returns and refund purchases of physical products purchased through the Site as long as the products and packaging are returned in their original condition within thirty (30) days of shipment to you. Please follow our return authorization policy to insure proper credit. Upper Deck reserves the right, in its sole and absolute discretion, to furnish materially equivalent substitutions for materials which cannot be obtained in sufficient quantities, or to cancel the excess portion of any order. Upper Deck shall not be in default if delivery is delayed or rendered impossible or impracticable by governmental regulations, act of God; war; riot; fire; strike or other labor dispute; epidemic, utility, services, network or transportation interruptions, server crashes, hackers, viruses, technical glitches or other causes beyond the control of Upper Deck. Upper Deck reserves the right to revise or modify products, product information or pricing without notice.

GOVERNING LAW

These Terms and Conditions of Purchase will be governed and interpreted pursuant to the laws of the State of California, county of San Diego, for contracts to be executed and fully performed therein and notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in the State of California in connection with any dispute between you and Upper Deck arising out of these Terms and Conditions of Purchase or pertaining to the subject matter hereof. The parties to these Terms and Conditions of Purchase each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Purchase or pertaining to the subject matter thereof will be in the state and federal courts in California.

YOU IRREVOCABLY WAIVE ALL RIGHTS TO BRING OR PARTICIPATE IN ANY CLASS ACTION SUITS OR CLAIMS REGARDING THE MATTERS RELATED HERETO AND CONSENT TO THE MANDATORY ARBITRATION PROVISIONS IN UPPER DECK’S GENERAL TERMS OF USE. If any part of these Terms and Conditions of Purchase is unlawful, void or unenforceable, that part will be deemed amended as may be necessary to make it conform or severable in the event it can not be reformed through amendment and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Purchase constitute the entire agreement among the parties relating to this subject matter. To the extent a purchase order, confirmation letter, or other communication is inconsistent with these Terms and Conditions of Purchase, these Terms and Conditions of Purchase will govern, unless expressly agreed in writing otherwise by Upper Deck.

Disclaimers, Limitations, and Waivers of Liability

BY YOUR USE OF THE UPPER DECK SITE, YOU EXPRESSLY AGREE THAT USE OF ANY AND ALL SERVICES PROVIDED, OFFERED, LINKED OR OTHERWISE AVAILABLE ON THE SITE IS AT YOUR SOLE RISK AND IS PROVIDED BY UPPER DECK ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT TO THE EXTENT PROHIBITED BY LAW AS APPLICABLE TO ANY WARRANTY PERIOD OR THE SHORTER OF THIRTY DAYS FROM FIRST USE). WITHOUT LIMITING THE FOREGOING, NEITHER UPPER DECK NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, CONTRACTORS, CONSULTANTS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "UPPER DECK PARTIES") WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

UPPER DECK MAY MAKE AVAILABLE, DISPLAY, DISTRIBUTE OR OTHERWISE PROVIDE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SERVICES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S), AND THE UPPER DECK PARTIES SPECIFICALLY DISCLAIM ANY WARRANTY AS CONTENT, ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. UPPER DECK MAKES NO GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. IT IS THE USER’S SOLE RESPONSIBILITY TO EXERCISE CAUTION WHEN EVALUATING THE CONTENT, DETERMINING APPROPRIATENESS OR SEEKING THE ADVICE OF PROFESSIONALS AS MAY BE NECESSARY REGARDING THE EVALUATION OF ANY COMMUNICATION, OFFER OR CONTENT OF THIRD PARTY COMMUNICATIONS AND TRANSACTIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER, HOWSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORIES INCLUDING IN TORT AND THAT THE UPPER DECK PARTIES SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES. USERS FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE UPPER DECK PARTIES ARE NOT LIABLE, AND USERS AGREE NOT TO SEEK OR TO HOLD THE UPPER DECK PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.

UNDER NO CIRCUMSTANCES WILL THE UPPER DECK PARTIES BE LIABLE TO THE USER FOR MORE THAN THE AMOUNT PAID TO UPPER DECK BY THE USER.

BY ACCESSING THE SITE, THE USER UNDERSTANDS THAT HE/SHE MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, SPECIFICALLY ACKNOWLEDGES THAT HE/SHE HAS READ, UNDERSTANDS, AND EXPRESSLY WAIVES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." THESE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES.

Questions and complaints

Upper Deck is committed to providing quality service to Upper Deck customers. In the event you have any questions, comments or complaints about Upper Deck’s Site or any Terms or Conditions, please contact us at the following address.

For questions from our European users please contact us at:

Upper Deck (Europe BV) Flevolaan 15 1382 JX Weesp The Netherlands Phone: + Int 31 294 461 600 Fax number: (011) 31 294 492 401 E-mail: questions@upperdeck.com

For questions form US or Canadian users contact us at: The Upper Deck Company, Inc 985 Trade Drive Suite A Las Vegas NV 89030 Phone: (800) 873-7332 Fax number: (702) 633-0685 E-mail: customer_service@upperdeck.com

UPPER DECK GENERAL TERMS AND CONDITIONS PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE, YOUR USE OF THIS SITE CONFIRMS YOUR ACCEPTANCE OF UPPER DECK’S TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE. THESE TERMS AND CONDITIONS GOVERN WHAT YOU CAN AND CAN NOT DO ON THE SITE.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RESPECT OF THEIR USE OF THE SITE. PARENTS OF MINOR CHILDREN ARE ADVISED TO EXERCISE SUPERVISION OVER THEIR CHILDREN'S ON-LINE ACTIVITIES.

Subject to these terms and conditions, and your acceptance of them, Upper Deck agrees to grant, and you agree to take, a non-exclusive, non-transferable, license to use and display the Services and related software (excluding source and object code) for your personal (or household) non-commercial use ("Limited License"). You further agree that you will not, and will not attempt to, copy or distribute any contents or materials on the Site or otherwise violate the Limited License granted hereunder or to use the contents or materials for any other purpose than specifically set forth herein. Upper Deck reserves the right to modify the license granted in this section, at any time, without advance notice and without liability, including but not limited to, the right to charge or collect fees, the addition of new services, features or products, the removal of services, features or products, the offer or removal of sweepstakes, promotions or third party materials in any manner whether or not described in these terms and Conditions. Further Upper Deck reserves the right, without advance notice, at any time and without liability to temporarily or permanently discontinue the site, any services, products or features availability on the site including but not limited to promotions, sweepstakes or third party offers, discontinue temporarily or permanently any user’s access to the site, as well as to temporarily turn off access to the site for updates, upgrades, repairs or any other actions necessary in Upper Deck’s sole discretion. The Site is generally intended for users of all ages; however some areas may be inaccessible to users under the age of eighteen (18) in some European countries or under the age of thirteen (13) in US or Canada without parental consent. Prior to being permitted to enter any such areas, you will be prompted and required to submit verifiable parental consent for access.

In some instances, both these Terms and Conditions and separate terms and conditions of service or guidelines setting forth additional conditions may apply to a service or product offered via the Site ("Additional Terms"). To the extent there is a conflict between these Terms and Conditions and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Site User General Rules

As a user of the Upper Deck Site, you agree that you will not engage in conduct or post any content which:

Includes any offensive comments that are connected to race, religion, national origin, gender, sexual preference or physical handicap;

Includes profanity or any obscene, indecent, pornographic, sexual or otherwise explicit or objectionable content or language;

Defames, libels, ridicules, mocks, disparages, threatens, harasses, intimidates or abuses anyone or which reveals any personally identifiable information about user or any other user or individual;

Promotes violence or describe, engage in, or facilitate anyone’s efforts to perform a violent act;

Violates the contractual, personal, intellectual property or other rights of any party, or promotes or Constitutes illegal activity or trick, defraud or mislead any other party;

Engages in the unauthorized sale of points, wrappers, credits;

Is of a commercial or business nature;

Disparages, tarnishes, sabotage or otherwise harms, in Upper Deck’s sole opinion, Upper Deck, the Site, another user, and/or any Site Materials;

Violate these or any Upper Deck Terms and Conditions; or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Upper Deck on the Site;

Uses or incorporates any unauthorized or illegal site search technology such as any spider, robot (or "bot"), scraper or offline reader that accesses the Site or use or launch any unauthorized script;

Alters, deletes, removes or obscures any notice, banner, advertisement and/or Upper Deck’s or another user’s information on the Site;

Disguises the source of User Content or any information submitted to the Site; and/or

Interferes with or circumvents any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Site Materials, Collaborative Content or the User Content.

Upper Deck monitors and utilizes monitoring, filtering and tracking software to attempt to enforce these Terms and Conditions, including Content Restrictions however it is possible that objectionable content and user behavior may be found to exist. You acknowledge that you do not rely on Upper Deck to monitor or edit the Services and that the Services may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content. In the event you find material or content that is objectionable on the Site, please contact Upper Deck immediately via Upper Deck’s Policy Administrator. Upper Deck does not control or endorse the content, messages or information found in User Content portions of the Services or external sites that may be linked to or from the Site, accordingly, Upper Deck specifically disclaims any responsibility with regard thereto.

Use of Content

The Upper Deck site is intended for personal use and enjoyment of participants of all ages including children under the age of the age of eighteen (18) In Europe and under the age of thirteen (13) in the U.S. and Canada. You may not use the Site in any way that is unlawful in any nation or jurisdiction in the world and all subdivisions thereof or harms Upper Deck or any person or entity, as determined in Upper Deck’s sole discretion. Without limiting the foregoing, you agree that any submissions you post to the site or transmit through the Services will not violate or infringe in any way upon the rights of others; is not threatening, abusive or harassing; is defamatory; is not invasive of privacy or publicity rights; is not obscene; is not lewd, lascivious, filthy, violent or otherwise objectionable; or which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. You agree to abide by all provisions of these Terms and Conditions and any Additional Terms.

All information, materials, functions, players, digital packs, credits, sequences, and other content (including Submissions, as defined below (collectively "Content") contained on Upper Deck’s Site is the copyrighted property of Upper Deck or the copyrighted property of Upper Deck’s licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to Upper Deck and/or our licensors or licensees and may not be used without prior permission.

No Content from any Upper Deck Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of Upper Deck’s Site, except that where the Site is configured to enable the download of particular Content, or Software, you may download one copy of such content or software to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the content, in whole or in part, and (c) do not use the content in a manner that suggests an association with any of our products, services or brands. Re-transmission of any materials, content or software including but not limited to commercial or business use, spam or other high-volume re-mailing, linking, website or blogsite use or promotion is strictly prohibited.

No transfer of title to any materials, content or software is intended or transferred herein. Further, nothing in these Terms and Conditions shall have the effect of transferring the ownership of any graphics; layout; text; images; audio and/or video; designs; advertising copy, trademarks, service marks, trade names or other proprietary rights in the Site or Content or any part thereof to you or any third party. The entire contents of the Services (including the Site Materials) are copyright protected under United States copyright laws and/or similar laws of other jurisdictions. Upper Deck owns all rights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to Upper Deck. Third-party content providers own the copyright in content that is original to them. Upper Deck®, Upper Deck U™ and the Upper Deck logo™ are trademarks and service marks of Upper Deck. All rights are reserved. All other trademarks and service marks appearing on the Site, advertising materials or third party services are the property of their respective owners. All rights are reserved. Use of any of the trademarks, service marks or names found on the Site as "metatags" on other web sites is strictly prohibited. No use or display of any material, content, software, information or services from the Site in frames or links without express written permission from Upper Deck. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

User Submissions

User submissions include but are not limited to text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that a Site user submits, posts, uploads, embeds, displays, communicates or otherwise distributes (collectively, "Distribute") on or through Upper Deck’s Site.

User submissions may be “solicited”, meaning submissions expressly requested or enabled by Upper Deck, or "Unsolicited", meaning any submissions that are not expressly requested or enabled by Upper Deck.

Upper Deck does not solicit submissions, creative materials, ideas or suggestions other than those specifically identified by Upper Deck. Any communications or materials you transmit to Upper Deck by any means including, without limitation, data, questions, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or chat or message postings, will be treated by Upper Deck as non-confidential and non-proprietary and will not be returned. Upper Deck’s Site may invite you to participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity, to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Upper Deck and/or to or via the Site (collectively, "User Content"). You agree that your User Content is wholly originally developed by you and that you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms and Conditions.

By your posting of User Content to Upper Deck’s Site, you grant to Upper Deck the unrestricted, unconditional, unlimited, transferable, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, alter, delete, translate, archive, store, or otherwise exploit in any manner or any form whatsoever, all or any portion of your User Content and any Collaborative Content (defined below) to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, and to market and promote same.

Upper Deck shall be free to use any ideas, information, concepts, know-how or techniques contained in any User Content you send to the Site or to Upper Deck for any purpose whatsoever, including sublicense, and without payment to you of any kind. Additionally, by your submission, you grant Upper Deck the perpetual, royalty-free and unconditional right to use and exploit name, persona and likeness included in any User Content and in connection with any User Content, without any further obligations to you, including but not limited to a final right of review by user. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

Upper shall have no obligation to publish, review, display or otherwise exploit any submission. Upper Deck shall, in Upper Deck’s sole discretion, have the right to monitor, re-format, edit, alter, delete, review, monitor, display, archive, or refuse to exploit User Content without notice or liability. Upper Deck shall have no obligation to monitor or enforce the intellectual or moral rights of any submission but may, at Upper Deck’s sole discretion, enforce Upper Deck’s or any Upper Deck licensees licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at Upper Deck’s cost and expense, to which you hereby consent and irrevocably appoint Upper Deck as your attorney-in-fact, with interest).

Collaborative Content

Upper Deck may provide users with the ability to co-author or collaborate on certain content creation. User contributions in the form of co-authored or collaborative content are subject to the conditions set forth in User Content and as set forth below.

The license to use the Site Materials in connection with Collaborative Content or otherwise in association with User Content is limited to Site Materials specifically made available by Upper Deck for such purpose, which license may be revoked by Upper Deck at any time for any or no reason;

Your contributions, including, without limitation, of User Content, to Collaborative Content are irrevocable and you will have no control after submission, including, without limitation, regarding subsequent contributions made by third parties; and

You will not make any commercial use of the Collaborative Content, or the Site Materials made available for use therein, in whole or in part, or sell, lease, transfer, license, distribute, reproduce, encumber or otherwise exploit same, in whole or in part, except that you may use the Site to create Collaborative Content pursuant to these Terms and Conditions.

Digital Packs and Credits

Premium Subscriptions

Premium Subscriptions may be offered by Upper Deck to subscribers from time to time. In the event a premium subscription is offered and you chose to participate, premium subscription fees may either be fixed term, e.g. six months (6 months) or annually. Fees for either service will be charged on a monthly basis. At time of registration for a premium subscription, you will be asked to choose term as well as input credit card or other payment information. This information will be saved in Upper Deck’s system and by your registration you authorize Upper Deck to charge applicable monthly recurring Premium Subscription fees for the fixed term to your credit card or other authorized payment method. Monthly Premium Subscriptions are billed on a thirty (30)-day cycle, which begins upon subscription service registration and ends thirty (30) days thereafter (each a "Subscription Month"). The fee for each Subscription Month is charged on the 1st day of the Subscription Month or within a reasonable time thereafter.

Subscriptions may be canceled by providing notification to Upper Deck. Your subscription cancellation will become effective at the end of the subscription month in which Upper Deck receives your cancellation notice. Upper Deck will not refund any fees paid to it by you for any subscription, product or service purchased on site. Notwithstanding the foregoing, if you have agreed on a fixed or minimum term for your Premium Subscription, you further agree that the subscription may not be canceled prior the agreed fixed or minimum term.

Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. If Upper Deck is unable to charge your billing payment method, Upper Deck may in Upper Deck’s sole discretion: (i) immediately suspend or terminate your account, (ii) seek collection of the outstanding amount owed under the subscription plan and/or (iii) seek legal action against you for breach of these Terms and Conditions. All subscription fees are subject to change. All changes will occur ten (10) days from the date notice is posted to the Site. If you do not accept the new fees, you should cancel your subscription immediately.

Relationship To Other Users

This Site is intended for personal enjoyment of users of the Site. You are solely responsible for your interaction and behavior with other users on the Site. However, Upper Deck may in their sole discretion, without obligation, monitor and/or manage disputes between users of the Site. If you have a dispute with other users, you release Upper Deck from claims, demands, damages and costs of every kind and nature, arising out of or in any way connected with such dispute.

Additions and Changes

Upper Deck posts their Terms and Conditions directly on the Site. The Terms and Conditions should be reviewed frequently as they may change from time without notice. All changes are effective immediately upon posting of the revised Terms and Conditions to the Site. WHEN YOU ACCESS THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR TO ANY CHANGES UPPER DECK MAY MAKE, IMMEDIATELY STOP ACCESSING THE SITE.

Upper Deck specifically reserves the right to:

• Add, change, alter or discontinue specific content or materials on the Site, Services, Promotions, Sweepstakes, Events or any aspect or feature of the Site or Services, including, but not limited to, financial terms, availability and equipment needed for access or use;

• Change, modify or exercise any terms and conditions or privacy policies applicable to your use of the Site, Services, Events, Promotions, Sweepstakes or features, or any part thereof;

• Discontinue the site or any portion thereof. Miscellaneous Provisions

Use of Upper Deck’s Site is on an “As Is” basis. Upper Deck specifically disclaims any and all warranties with respect to the Site. Use of Upper Deck’s material off-site is governed by the Terms and Conditions set forth herein. Your use of material off-Site is limited by these Terms and Conditions.

Your use of the Site, content or materials located thereon is limited to personal use and may not be used for commercial or business purpose.

Activities, games, players, Digital Packs, credits, points, fantasy items, subscriptions and other materials and content on the Site are for entertainment purposes only. You may not buy, sell, trade or give these items away off the Site, including but not limited to auction sites or blogsites. In such event, you hereby expressly authorize Upper Deck to remove such auctions, terminate your site use privileges including forfeiture and removal of any Digital Packs or Credits in your account. You may also be prohibited from buying, selling, trading or giving away items on Site. Please review the terms for each product and service carefully to determine your rights with respect to particular products and services. Upper Deck may in Upper Deck’s sole discretion, terminate the usage and subscription of users who violate this condition and may have usage rights terminated, subscriptions cancelled and will forfeit all rights to any content, material, Digital Packs, Credits, fantasy items, players or other products and services associated with those accounts.

Profiles and content in or on chat sites or chat rooms or message boards are created solely by users of Upper Deck’s Site. Users are strictly prohibited from posting in Upper Deck’s sole discretion nasty, insulting, sexually explicit, lewd, racially disparaging, religiously disparaging or other inappropriate content. Information found to contain inappropriate content, in Upper Deck’s sole discretion, will be removed and if warranted, reported to the appropriate authorities. Additionally, in Upper Deck’s sole discretion, violators of this policy may have usage rights terminated, subscriptions cancelled and will forfeit all rights to any content, material, Digital Packs, Credits, fantasy items, players or other products and services associated with those accounts. This rule also applies to inappropriate player names. Do not create names that are nasty, insulting, sexually explicit, racist, disrespectful of religions, intended to promote illegal acts or otherwise inappropriate. Upper Deck monitors Site content and will take immediate action for violations of this condition. Spamming is strictly prohibited. For any violations of this policy, or in the event you see anything inappropriate on the Site, or if anyone sends or posts a message that makes you uncomfortable or asks for your password, please e-mail Upper Deck immediately at Upper Deck's Policy Administrator.

Upper Deck may supervise user forums and filter content, but has no duty to do this. Users should exercise caution and common sense at all times. Giving out Personally Identifiable Information such as your password, your first and last name, your phone number, e-mail address, instant messenger screen name or other contact information or asking for personally identifiable information from other users is not permitted between participants on the Site and violations of this policy will result in immediate removal of the information and/or at Upper Deck’s sole discretion, termination of your use of the Site. Upper Deck has no control and specifically disclaims any liability over third parties to whom you may give Personally Identifiable Information through the use of our Site or otherwise post on the Site, including on your Public Profile.

Theft, sabotage, cheating, hacking, attempting to disrupt the system or any service on the Site, or conducting unlawful or illegal activities on the Site is strictly prohibited and may result in legal action being taken against you.

No member of the Upper Deck staff will ask you for your password. In the event anyone contacts you seeking your password, refuse to give out such information and contact Upper Deck immediately.

All purchases of Digital Packs, Credits, subscriptions and fantasy items are final. Upper Deck does not return or refund any purchase price for these products or services. Purchases are further subject to the Terms and Conditions of Purchase.

In Upper Deck’s sole discretion, accounts that are unused or remain inactive for a period greater than six (6) months may be terminated.

Indemnification

You agree to indemnify, defend and hold Upper Deck harmless from and against any and all causes of action, potential causes of action, claims, potential claims and expenses including where permitted by law, attorneys' fees and costs, arising out of your use of the Services and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms and Conditions. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.

Equipment

Upper Deck assumes no liability or responsibility for the existing hardware, mobile devices, equipment or peripherals (collectively “hardware”) of user. Upper Deck does not guarantee that any of user’s existing hardware will be compatible with Upper Deck’s software. Further, Site user is specifically responsible for obtaining and/or maintaining hardware needed for access to and use the Services, and user shall be responsible for all charges related thereto.

Mandatory Mediation/Arbitration

Any controversy, claim, or dispute arising out of or related to use of the Site, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be resolved according to the procedures set forth in this paragraph which shall constitute the sole dispute resolution mechanism available. In the event that the parties are unable to resolve any Dispute after meeting and attempting in good faith to reach a negotiated resolution, such Dispute(s) shall first be mediated by a retired judge or justice of any San Diego County, California state or federal court. If the parties are unable to agree upon a mediator, either party may apply to the San Diego office of JAMS/Endispute, or its successor (“JAMS”) for the appointment of a mediator from a panel of retired judges and justices maintained by that organization.

If the parties are unable to resolve one or more Dispute(s) by mediation, then either party may initiate arbitration of such Dispute(s). The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedure in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in San Diego County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Any appeal shall be heard and decided by a panel of three neutral arbitrators. The neutral arbitrator and the members of any Appeal Panel shall be retired judges or justices of any California state or federal court. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in San Diego County.

Any Dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Agreement), that may not be arbitrated pursuant to applicable state or federal law may be heard in a court of competent jurisdiction in San Diego County. If a party believes in good faith that all or part of a Dispute, or any claim for relief or remedy sought, is not subject to arbitration under then-prevailing law, then that party may seek a determination to that effect from an appropriate court. If the court determines that the matter is not arbitrable or that the remedy sought is not available in arbitration, then the specific matter or request for remedy in question may be resolved by the court. All other matters and claims for relief shall be subject to arbitration as set forth above.

Venue

YOU IRREVOCABLY WAIVE ALL RIGHTS TO BRING OR PARTICIPATE IN ANY CLASS ACTION SUITS OR CLAIMS REGARDING THE MATTERS RELATED HERETO AND CONSENT TO MANDATORY ARBITRATION. If any part of these Terms and Conditions of Purchase is unlawful, void or unenforceable, that part will be deemed amended as may be necessary to make it conform or severable in the event it can not be reformed through amendment and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Purchase constitute the entire agreement among the parties relating to this subject matter. To the extent a purchase order, confirmation letter, or other communication is inconsistent with these Terms and Conditions of Purchase, these Terms and Conditions of Purchase will govern, unless expressly agreed in writing otherwise by Upper Deck.

Disclaimers, Limitations, and Waivers of Liability

UNDER NO CIRCUMSTANCES WILL THE UPPER DECK PARTIES BE LIABLE TO THE USER FOR MORE THAN THE AMOUNT PAID TO UPPER DECK BY THE USER.

Questions and complaints

For questions from our European users please contact us at:

Upper Deck (Europe BV) Flevolaan 15 1382 JX Weesp The Netherlands Phone: + Int 31 294 461 600 Fax number: (011) 31 294 492 401 E-mail: questions@upperdeck.com

For questions form US or Canadian users contact us at:

The Upper Deck Company, Inc 985 Trade Drive Suite A Las Vegas NV 89030 Phone: (800) 873-7332 Fax number: (702) 633-0685 E-mail: customer_service@upperdeck.com

UPPER DECK PRIVACY POLICY

At Upper Deck we are committed to protecting your privacy and we comply with the applicable data protection laws. This privacy statement discloses how we collect and use the personal data you provide us.

Policy Overview

Upper Deck may collect personally identifiable information about you, such as your name, e-mail address and phone number ("Personally Identifiable Information") and other information that, on its own, can not be used to identify you personally, such as your age or state of residence ("Demographic Information") and/or any combination of these. Information may be collected at multiple places on the Site, including but not limited to main registration; contest entries, sweepstakes, or surveys; or when you submit content or communications to the Site. If we use Demographic Information together with any Personally Identifiable Information, such Demographic Information will be treated as Personal Information under this Privacy Policy.

Upper Deck reserves the right to collect and disclose (to our affiliates and to non-affiliate third parties) Demographic and Personally Identifiable Information to the extent permitted by applicable law, as specifically restricted in this Privacy Policy or in any Upper Deck Terms of Use. Notwithstanding anything to the contrary in this Privacy Policy or elsewhere, we reserve the right at all times, without notice, to disclose any information in connection with a legally required court order or a Change of Ownership.

Caution and common sense should be used at all times on any Internet site. Giving out Personally Identifiable Information is not permitted between participants on the Site and violations of this policy will result in immediate removal of the information and/or at Upper Deck’s sole discretion, termination of your use of the Site. Upper Deck has no control and specifically disclaims any liability over third parties to whom you may give Personally Identifiable Information through the use of our Site or otherwise post on the Site, including on your Public Profile.

Policy for children under 18 years of age

Information is gathered on the Site by Upper Deck to customize the Site to our users’ interests. User information helps us tailor content, services, goods and advertising. If it becomes necessary for Upper Deck to gather personally identifiable information from a citizen of a European Country under the age of 18, or a citizen of the United States or Canada under the age of 13, verifiable parental consent will be required. In such event you will be prompted to provide your parent or legal guardian's email address prior to disclosing Personally Identifiable Information to Upper Deck so that Upper Deck may obtain verifiable parental consent by contacting your parent to obtain (1) a valid credit card; (2) executed consent document either by facsimile or digital signature. Personally Identifiable information is not generally collected, however some areas, such as order processing, require disclosure of Personally Identifiable Information. In such event, you will be prompted to enter parental contact information. To obtain this consent, Upper Deck will contact your parent or legal guardian via the email provided and provide your parents with the ability to: (a) review the personal information we have collected from you prior to any use by Upper Deck; (b) refuse to allow any further collection or use of your personal data; and (c) remove your records from our database. Upper Deck does not require children to provide any more information than is reasonably necessary to participate in any of our Site activities.

Until consent is provided, we will neither collect any additional information about you nor use the information we have collected except for the purpose of seeking consent. If we do not have your parent's consent within 30 days, we will destroy all personal data we have received from you and you will not be able to access services provided at areas requiring parental consent. Once parental consent is provided, you will receive an e-mail message confirming that you have full access to the services provided at these areas. This e-mail should be received within a week of receiving your Parent's consent.

Even after a parent has given consent for Upper Deck to collect personal information from his/her child, the parent may at any time contact Upper Deck's Privacy Policy Administrator to review, alter or delete information that was previously collected. A parent may revoke consent by completing this form and either mailing or faxing it to Upper Deck's Privacy Policy Administrator at the address or number listed below.

A Special Note about Children, Children’s Privacy and Our Compliance with COPPA

In compliance with the Children's Online Privacy Protection Act ("COPPA"), we do not intend to collect any Personal Information from children under the age of thirteen (13) years of age without verifiable parental consent. Parental supervision is recommended for use of any Internet site. If you are the parent or guardian of a child under thirteen (13) and believe that he or she is using the Site in violation of Upper Deck policy, please contact Upper Deck’s Privacy Policy Administrator by completing this form.

Opt-Out and Termination

Upper Deck believes that our ability to share your Personal Information with certain third parties improves our ability to provide services to you. However, if you object to our sharing of your Personal Information or the personal information of your child and would like to opt-out, at any time, even after disclosure, of sharing of your Personal Information with third parties for their direct marketing purposes, or if you would like to exercise your right under the CAN-SPAM Act to not receive future commercial (promotional/marketing) e-mail correspondence from us, except with respect to your prior financial transactions or communications, or as otherwise required by law, please complete and return the opt-out request available by following the directions on the bottom of our e-mails to you.Further, if you would like to terminate our use of your Personal Information on a going forward basis (except as it relates to prior transaction and communications, our record keeping and our compliance with law), there is also a place on that form to select that option.

Please note that in accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Site. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

Your California Privacy Rights

Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an opt-out or opt-in choice for use of your Personal Information by third parties for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options. Upper Deck has opted for the alternative option and therefore provides you with the opportunity to opt-out or opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of third parties that received your Personal Information for marketing purposes.

What information is being collected?

Personally Identifiable information Upper Deck may request and/or collect personal information (such as name, e-mail address and date of birth) from you on a voluntary basis:

• in order to enable you to enter into pages of the Websites;
• in order for you to purchase Digital Packs, Credits or fantasy items;
• in order to enable you to register with us to receive updates, marketing and other targeted items such as event notifications;
• in order to enable you to participate in games, contests, events or promotions;
• in order to enable you to win prizes;
• in order to enable you to send questions or comments to Upper Deck;
• in order to enable you to purchase any other physical goods from Upper Deck (when available);
• for other services that require registration or subscription.

The requested information is also used by Upper Deck to send you orders, The Gameplans, information about our company, and promotional material. You personal data is also used to get in touch with you when necessary. When you are ordering products on-line, financial information that is collected is used to bill you for products and services.

The Site contains chat rooms, forums, message boards and/or personal websites. Your use of these areas is monitored and messages reviewed prior to posting. Please remember that any information that is disclosed to any of these areas is public information. Any attempt to post links, personal information or contact other users off site is strictly prohibited and such messages will be deleted and could subject the user to termination.

Player chat is limited to template responses. If a user desires to upgrade Player chat to dictionary-based “white” chat, registration is required. Where the registrant is underage, verifiable parental consent will be required. To obtain verifiable parental consent, you will be required to provide your parent or legal guardian’s email address and Upper Deck will contact your parent or legal guardian via the email provided. At contact, your parent will be required to provide either (1) a valid credit card number, or (2) an executed parental consent form via facsimile or digital signature. Use of IP Addresses

An IP address is a number that is automatically assigned to you whenever you access the Internet and is often associated with the place where you enter the Internet like your Internet Service Provider ("ISP"), your company or your university. This IP address may be the same each time you access the Internet or it may change. Upper Deck collects IP addresses for the purposes of system administration, to report aggregate information to its business partners, and to audit the use of the Site. We can and will use IP addresses to identify a user and to gather broad demographic information. Please review each service prior to use and only use those that disclose information you are comfortable with sharing.

Use of Cookies

Cookies are pieces of information that a website transfers to a visitor's hard drive for record-keeping purposes. Your browser has options to accept, reject, or provide you with notice when a cookie is sent. However, the Site may not function correctly if you reject cookies. A cookie may tell us whether you have visited the Site before and what pages on the Site you have viewed. The cookies we use do not collect any personal information about you, provide us with any way to contact you, or extract any information from your computer; they are set to expire after thirty minutes of inactivity. Although most web browsers are set to accept cookies automatically, you can usually change your browser to notify you whenever a website attempts to transfer a cookie to your hard drive or to reject cookies automatically. Consult your browser's Help Screen file for more information. You may occasionally receive cookies from our advertisers. Upper Deck does not control these cookies and they are not subject to this privacy policy. Please consult our advertisers' own privacy policies to learn how they collect and use information.

Embedded Scripts and Other Technologies

The Site may utilize scripts, web beacons and other programming code and technologies, which permit Upper Deck to monitor and collect information about the viewer of a web page, web-based document or message sent by the Site such as such as for example web pages visited, length of time spent on the Site and links activated from the Site. This information will be used for a variety of purposes including to provide Site users with relevant content and/or advertising at the Site and to optimize user access.

Upper Deck’s Site may allow the use of third party network advertisers to advertise on the Site and may use traffic measurement services or other site monitoring technology to analyze traffic, guest visits and other Site information. Network advertisers are third parties that display advertisements based on your visits to the Site and other websites you have visited. Third-party ad serving enables Upper Deck to target advertisements to you for products and services in which you might be interested. The Site's third party ad network providers, the advertisers, the sponsors, and/or traffic measurement services may set and access their cookies and technologies on your computer or may be given access to cookies set by the Site. These third party cookies and/or technologies may be set to, among other things, help deliver advertisements to you that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. Note that any images (or any other parts of a web page) served by third parties in association with these cookies and/or technologies may serve as web beacons, which enable third parties to carry out the previously described activities. Third party cookies, web beacons and other technologies are governed by each third party's specific privacy policy. To opt-out, you will need to access the Site and follow their opt-out procedures.

E-mail/Text Messages

If you register with Upper Deck’s Site or purchase any products from us, we may from time to time, contact you with informative messages about our services, events, releases, products or those products or services of a third party which we believe may be of interest to you such as new features and services, special offers and updated information. These email/text messages may contain “cookies” or other code that enables our database to track your usage of the communication, including whether the communication was opened and/or what links (if any) were clicked. We will combine that information to other information we have about you and may use that information to improve your Site experience and/or provide customized communications to you.

Registration

At the time of registration, Upper Deck will ask for your e-mail address, a user-selected user name and other information. Once you are a registered user, you can update your profile and may be able to provide additional preferential information. Additionally, at time of registration, Upper Deck may ask for other optional non-personally identifiable information such as demographic information.

Links to Other Sites

Many websites link to Upper Deck and we may link to other websites which we think may be of interest to our visitors. Upper Deck is not responsible for the content of these sites and is not able to control the information that is contained or collected on them.

Children should always check with a parent or legal guardian before linking to any new sites. Please refer to the privacy policies on those sites to learn how they collect and use information.

Review and Correction of Information

If for any reason you are concerned that the personal information about you that is maintained by Upper Deck is incorrect and needs to be changed or deleted, please contact us by e-mail and we will be happy to update or remove your personal information accordingly. We may continue to retain your information in our files due to technical and legal requirements, constraints related to the security, integrity and operation of the Site or to resolve disputes.

Information Submission

Information submitted to the Site by you will not be used to contact you for marketing purposes unrelated to your inquiry unless you agree otherwise. For security reasons, we

do not recommend that you send non-public Personal Information, such as passwords, social security numbers, or bank account information to us by e-mail or text message. Blogs, message boards and other public forums will be available on Upper Deck’s Site for users. These forums will be monitored by Upper Deck and if personal information is found, it will be removed and your account may be terminated. The posting of personal information is prohibited as it may become publicly available and you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public. We also cannot ensure that parties who have access to such publicly available information will respect your privacy, therefore please exercise caution when posting information to these forums.

Also, remember that if you submit comments, votes, blog entries, text, photographs, videos, music or other user-generated content to the Site, Upper Deck may require additional releases in order to publish online or offline in any media or format (currently existing or hereafter developed). Others may have access to this content and may have the ability to share it with third parties across the Internet. Upper Deck may publish your name, voice, likeness and other Personal Information with the content (or a portion thereof), and Upper Deck may use the content, (or a portion thereof) for advertising, marketing, publicity and promotional activities.

Transmitted Content

It may be possible to send content from the Site to a friend. In such event, the information you provide is used on a one-time basis to facilitate the communication. It is not stored by Upper Deck nor will Upper Deck use the information to contact you or for any other purpose including marketing.

Third Party Information

From time to time, Upper Deck may receive personally identifiable information about you from a third party. Upper Deck may combine this information to provide you with targeted content regarding services and products. In the event we are provided with personally identifiable information about you, we will apply this Privacy Policy to the Information received from third parties, unless we tell you otherwise at the time you provide us with your Personal Information.

Purchases

When making a purchase on the Site, Upper Deck will request user information. This information includes a user's contact information (e.g., e-mail address and in the case of delivery of tangible products, delivery address and phone number) and necessary information to process the order (e.g., credit card number and billing address). Contact information from the purchase is used to send orders to our registered users and to get in touch with the user as is necessary to process the purchase. Upper Deck may use third parties to accept, process, invoice and ship purchases. In such event information concerning you may be transferred as is necessary to process the information. Upper Deck does not permit any service provider to use this information for any service other than the service specifically contracted by Upper Deck to facilitate your purchase.

Sweepstakes, Promotions Events

From time to time Upper Deck may offer sweepstakes, promotions or events to users (“Program”). These programs may be sponsored directly by Upper Deck or may be in conjunction with or wholly offered by a third party. It may be necessary to enter personally identifiable information in order to participate in these programs. If we plan to share that with a co-sponsor or third party sponsor, we will advise you prior to registration and provide you with an ability to opt-in or opt-out of sharing your Personally Identifiable Information other then for purposes of operating the Program. You may also need to agree to the official rules for a Program and or execute additional releases, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion.

If it becomes necessary for Upper Deck to gather personally identifiable information from a citizen of a European Country under the age of 18, or a citizen of the United States or Canada under the age of 13, for participation in a sweepstakes, promotion or event, verifiable parental consent will be required. In such event you will be prompted to provide your parent or legal guardian's email address prior to disclosing Personally Identifiable Information to Upper Deck so that Upper Deck may obtain verifiable parental consent by contacting your parent to obtain (1) a valid credit card; (2) executed consent document either by facsimile or digital signature.

Non-Personally Identifiable Information - Usage Information

Non-Personally Identifiable Information may be collected from you, which may include a visitor's "IP Address" or another unique identifier for a device used to access the Internet, operating system, browser type, referring web site URL. This Information will be used by Upper Deck to calculate the number of visitors to the Site, diagnose problems with the Site's server and operate the Site as well as upgrade the Site, add additional content, tailor and improve the Site, serve you relevant content and/or advertising at the Site and serve you an appropriate version of a web page.

Third Party Site Links

Upper Deck’s Site may contain links, including banner and other ads, to third party websites. Upper Deck has no control of the content on these websites and disclaims responsibility for the privacy practices or the content of such websites.

Transfer to the United States

The Site is operated in the United States and intended for residents of the United States. If you are located outside of the United States, be aware that information we collect will be transferred to the United States. By using the Site, accessing the Site or providing your information to the Site or Upper Deck, you consent to this transfer.

Security

We have put in place physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while Upper Deck strives to protect your personal information, Upper Deck cannot ensure or warrant the security of any information you transmit to us.

Notification of Security Breaches

In the unfortunate event that your "personally identifiable information" (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we will notify as required by applicable law. If applicable law permits, you consent to notification by e-mail or by posting a notice to your user console (at Upper Deck's sole and absolute discretion). As such notices will be given in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigati

on.

Questions and complaints

Any questions or complaints about Upper Deck or this privacy statement can be addressed by contacting us at upperdeck.com. For questions from our European users please contact us at:

Upper Deck (Europe BV) Flevolaan 15 1382 JX Weesp The Netherlands Phone: + Int 31 294 461 600 Fax number: (011) 31 294 492 401 E-mail: questions@upperdeck.com

For questions form US or Canadian users contact us at:

The Upper Deck Company, Inc 985 Trade Drive Suite A Las Vegas NV 89030 Phone: (800) 873-7332 Fax number: (702) 633-0685 E-mail: customer_service@upperdeck.com

Privacy Policy Changes

Upper Deck posts their Privacy Policy directly on the Site. The Privacy Policy should be reviewed frequently as it may change from time without notice. All changes are effective immediately upon posting of the revised Privacy Policy to the Site. WHEN YOU ACCESS THE SITE, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY OR TO ANY CHANGES UPPER DECK MAY MAKE, IMMEDIATELY STOP ACCESSING THE SITE. If, at any point, we decide to use your Personal Information in a manner materially different than what was stated at the time it was collected, we will notify users of this change by e-mail to the last e-mail address provided to us. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the amendment described in the notice.Users will have a choice (by means of an opt-in or opt-out at Upper Deck’s sole discretion) as to whether or not we use their Personal Information in this different manner. We will use Personal Information in accordance with the privacy policy under which the information was collected if you opt-out of the new policy.

Note to Parents

The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. We encourage you to visit the GetNetWise.org site and look through the "Kids Safety" section together. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.

Effective Date

The privacy policy set out above is effective as of December 1, 2008, and applies to all information previously obtained by Upper Deck.

Sole Statement

This Privacy Policy as posted on the Site is the sole statement of our privacy policy with respect to the Site, and no summary, modification, restatement or other version thereof, or other policy statement or policy, in any form, is valid unless we post a new or revised policy to the Site.