Terms of Use

1. Agreement to Terms

By accessing or using Pennant Cards ("we," "us," or "our") services, you agree to be bound by these Terms of Use ("Terms"). If you disagree with any part of these terms, you may not access the service.

2. Description of Service

Pennant Cards provides an online platform for creating and ordering custom trading cards for amateur sports teams, including little league and other youth sports organizations. Our service includes:

• Online card design tools and templates
• Team and player management features
• Photo upload and management
• Form collection for player information
• Order processing and fulfillment coordination

3. User Accounts

To use our service, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring all information provided is accurate and up-to-date

4. Acceptable Use

You agree to use our service only for lawful purposes and in accordance with these Terms. You may not:

• Upload content that is illegal, harmful, threatening, abusive, or inappropriate
• Infringe on intellectual property rights of others
• Upload photos of minors without proper parental consent
• Use the service for any commercial purpose outside of creating team trading cards
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the service or servers

5. Content and Privacy

By uploading content to our service, you grant us a limited license to use, store, and process your content solely for the purpose of providing our services. You retain ownership of your content.

We are committed to protecting your privacy, especially when it comes to minors. All data is encrypted at rest, and we maintain strict controls over access to player information. Please review our Privacy Policy for detailed information about how we handle your data.

6. Parental Consent

If you are creating trading cards for players under 13 years of age, you are responsible for obtaining proper parental consent before uploading any photos or personal information to our platform. You are responsible for ensuring compliance with applicable laws including COPPA (Children's Online Privacy Protection Act).

7. Payment and Billing

Our service is free to use for project creation and management. Payment is only required when placing a print order. All payments are processed securely through Stripe. By placing an order, you agree to pay all applicable fees and taxes.

Pricing is based on the number of players and cards per player, with volume discounts applied automatically. All prices are in US dollars and are subject to change with notice.

8. Data Retention and Deletion

Project data, including player information and photos, will be automatically deleted after a configurable period that you can set in your account settings. This ensures that sensitive information about minors is not retained longer than necessary.

9. Intellectual Property

The Pennant Cards service, including all software, designs, templates, and documentation, is protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of our service without permission.

10. Disclaimer of Warranties

Our service is provided "as is" without warranties of any kind, either express or implied. We do not warrant that the service will be uninterrupted, error-free, or secure. Use of the service is at your own risk.

11. Limitation of Liability

To the maximum extent permitted by law, Pennant Cards shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption.

12. Termination

We may terminate or suspend your account and access to the service at our sole discretion, without notice, for any reason, including violation of these Terms. Upon termination, your right to use the service will cease immediately.

13. Refund Policy

All print orders are custom-made and cannot be returned. Refunds are available in the following circumstances:

• If we are unable to fulfill your order due to technical issues on our end
• If there is a significant quality issue with the printed cards that we cannot resolve
• If you cancel your order within 2 hours of placing it and before production has begun

Refund requests must be submitted within 30 days of order completion. We reserve the right to require photographic evidence of quality issues before processing refunds.

14. Indemnification

You agree to indemnify, defend, and hold harmless Pennant Cards, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the service
• Your violation of these Terms
• Content you upload or submit to the service
• Your violation of any third-party rights, including intellectual property rights
• Any failure to obtain proper parental consent for minors

15. Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms or the service will be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in Delaware, or at your option, by telephone or video conference. You and Pennant Cards agree to waive any right to a jury trial or to participate in a class action lawsuit.

This arbitration provision does not apply to claims for equitable relief, such as injunctions to stop unauthorized use of intellectual property.

16. Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or interruptions in telecommunications or internet services.

17. Data Breach Notification

In the event of a data breach that affects your personal information, we will notify you within 72 hours of becoming aware of the breach. Notification will be sent to the email address associated with your account and may include information about what data was involved, steps we are taking to address the breach, and recommendations for protecting your information.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. The unenforceable provision will be replaced with an enforceable provision that most closely reflects the original intent.

19. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved in the courts of Delaware.

20. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes through email or prominent notice on our service. Continued use of the service after changes constitutes acceptance of the modified Terms.

21. Contact Information

If you have any questions about these Terms, please contact us at:

Pennant Cards Inc.
Email: support@pennant.cards