By creating a Poplex account or using the Poplex app or website, you agree to these Terms. If you do not agree, do not use Poplex.
1. These Terms
These Terms are a binding agreement between you and TC Holding, LLC, a Wyoming limited liability company (“Poplex”, “we”, “us”), which operates Poplex. They cover the Poplex mobile application, the Crew community inside it, the scanning, collection and catalog tools, and this website (together, the “Service”).
Our Community Guidelines and Privacy Policy are part of these Terms. If you open a business account or buy or run advertising, the Business and Advertising Terms also apply to you and, where they conflict with these Terms about advertising or business accounts, they control.
The short version (not part of the agreement): you keep your collection and your posts; we run the app and the community; be decent to other collectors; Poplex is a showcase and not a marketplace, so deals you make are yours; card identification and prices are helpful but can be wrong; and we can remove content and accounts that break the rules, and will tell you when we do wherever we reasonably can.
2. Who may use Poplex, and your account
You must be at least 13 years old to create a Poplex account, or older if the law where you live sets a higher minimum age for using an online service or for consenting to the processing of your personal data. If you are under 18, or under the age of majority where you live, you confirm that your parent or legal guardian has reviewed and agrees to these Terms on your behalf. You may not use Poplex if we have previously terminated your account.
When you join, Poplex asks for your birth month and year. You must answer truthfully. We keep only your age group (13 to 17, or 18 and over), not your date of birth, and we apply different rules to each group. If you have not yet answered, we treat you as a teen until you do. If you tell us you are under 13, your account is deleted. The differences are described in the Privacy Policy and in section 3.
One account is one person. You are responsible for everything done through your account and for keeping access to your email secure, because Poplex signs you in with a code sent to that address rather than a password. Tell us at once if you think someone else has access to your account. Information you give us must be accurate, and you must keep your email address current.
3. What Poplex is, and what it is not
Your collection. Poplex helps you scan, organize and understand a trading card collection. Your Collection records are stored on your device, not on our servers. If you delete the app, lose or reset your phone, those records can be lost unless your own device backup holds them, and Poplex is not responsible for that loss. Keep your own backups of anything you cannot afford to lose.
Card identification. Scanning and matching are automated. They can be wrong, and results that are uncertain are put in front of you to confirm. You are responsible for checking what you add to your Collection and what you post.
Crew. Crew is a shared, account-based community. While you are signed in, the cards in your Collection and the sets you track are copied to our servers so your Collector Profile can show them, as described in the Privacy Policy; quantity, condition, grade and price are not shown. What you publish in Crew is visible to other collectors according to the choices you make in the app, and the profile of a public account can also be seen on this website.
Poplex is a showcase, not a marketplace. We do not list items for sale, process sales, take payment between collectors, hold funds, verify goods, or act as a party to anything you arrange with someone you meet through the Service.
Features that differ by age. Collectors under 18 may message only collectors they follow, cannot join or create group chats, cannot open business accounts or request verification, see only ads that Poplex has approved for teens and never ads chosen from their activity, and have story sharing off unless they turn it on. We may change these rules to follow the law or to keep younger collectors safe.
Changes and pre-release versions. We improve Poplex continuously. We may add, change or remove features, and some versions of the app are pre-release builds that may be incomplete or unavailable. We do not promise that any feature will remain available, and we are not liable for the loss of a feature, except as these Terms or the law require.
4. Your handle and the verified star
Poplex assigns you a handle when you sign up, and you may change it. A handle must not be offensive, must not impersonate another person or organization, and must not suggest that you are Poplex or speak for Poplex. Handles that could be mistaken for official Poplex accounts are reserved, and only accounts we operate may hold them. We may reclaim, change or refuse any handle at any time.
The verified star
The verified star beside a handle means we are satisfied the account is who it says it is. Accounts we operate carry it, and so do collectors we have verified. An adult with a public account at least 30 days old may ask for it in Settings by linking where they are known and showing, with a code we give them, that they control one of those profiles. We review each request by hand and decide at our discretion; we never ask for identity documents, passwords or payment to verify anyone. The star says who an account is, not that we endorse it or anything it sells or says, and it gives no privileges over reserved handles. We may remove it at any time, including if the account changes in a way that could mislead people or breaks these Terms.
5. Your content, and the permission you give us
You keep ownership of the photographs, captions, messages, voice recordings and other material you post or send (“Your Content”). You are responsible for it. You confirm that you own it or have the right to post it, that it does not break the law or anyone’s rights, and that anyone who can be recognized in it has agreed to its being posted.
By posting or sending Your Content you give Poplex a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, resize, re-encode, display, transmit and deliver it, and to analyse it to run the Service (for example to recommend posts, to search, to detect abuse and to review reports), in each case to operate, secure, improve and support the Service. For content you post publicly, the licence also covers showing it on this website and in link previews. We do not use your content in Poplex’s own advertising or promotion without asking you first, and content in private chats and private groups is never used that way.
The licence lasts while Your Content is on the Service and for a reasonable period afterwards for backups, safety records and legal obligations. It does not transfer ownership, and it does not let us sell Your Content to third parties as a stand-alone product. We do not give Your Content to third parties to train their artificial-intelligence models.
If you delete Your Content or your account, we stop displaying it. Copies may remain for a limited period in backups, material that others have already received or shared (such as a message you sent, or a story that another collector added your post to) may persist, and records we must or may keep for safety or legal reasons are kept as the Privacy Policy describes.
6. Rules for using Poplex
The Community Guidelines set out what may and may not be posted and sent, and are binding. In summary, and without limiting them, you must not use the Service to post, send or do anything that:
- is hateful, or attacks or demeans a person or group on the basis of race, ethnicity, national origin, immigration status, religion, caste, sex, gender, gender identity, sexual orientation, age, disability or serious disease;
- harasses, bullies, threatens, stalks or incites others against any person, including by continuing to contact someone who has blocked you;
- is sexual or pornographic, sexually suggestive or depicts nudity, or sexualizes, endangers or exploits a minor in any way;
- depicts or glorifies violence, gore, cruelty, terrorism or self-harm;
- is illegal, promotes illegal activity, or offers counterfeit, stolen or fraudulently altered cards or goods;
- impersonates any person or organization, including Poplex, or misrepresents your affiliation with anyone;
- publishes another person’s private information, or a private conversation, without their permission;
- infringes copyright, trademark, publicity, privacy or any other right;
- is spam, a scam, a phishing attempt, a pyramid or referral scheme, a request to move a deal or a payment off Poplex to avoid protection, or bulk unsolicited promotion;
- manipulates Poplex’s counts or rankings, for example with fake accounts, automated activity or repeated actions meant to inflate views, taps or reactions; or
- interferes with the Service or its security: scraping, reverse engineering, circumventing limits or age, privacy or security controls, automating access, accessing another person’s account, or overloading our systems.
You must also comply with the law, and you must not use the Service for anything it was not made for, such as storing files that are not your Content or running a business that is not permitted by the Business and Advertising Terms.
7. Messages, groups and voice messages
Crew lets collectors send each other private messages, photographs, voice messages and shared posts, and lets adults make and join group chats. These rules apply in addition to section 6.
- Who can message whom. A first message to someone who does not follow you is a request: one text message, with no photograph, voice message or share until the person accepts. The recipient can accept, ignore or delete it, and can block you. Collectors under 18 can message only collectors they follow. Blocking ends a conversation and works in both directions.
- Groups. Groups are for adults, with up to 24 members, and nobody is added without accepting an invitation. A group’s owner and admins can invite, remove and rename, and are responsible for keeping their group within these Terms. Groups, like the rest of Poplex, are not a place to list or sell goods or to quote prices.
- Not end-to-end encrypted. Messages are stored on our servers so we can deliver them, show them on your devices and keep Poplex safe. We do not routinely read private messages. We may access, preserve and review them where a participant reports them, where we need to investigate abuse or a risk to someone’s safety, to enforce these Terms, or where the law requires. When a message is reported we keep a copy of it and of the messages just before it as evidence.
- What you send is out of your hands. A recipient can keep, screenshot or share what you send. You can unsend a message within 15 minutes, which removes it for everyone in the conversation, but not from anything someone has already saved. Deleting a chat for yourself does not delete it for the other person.
- Notifications. If you allow push notifications, a message banner on your lock screen can show the start of the message, and the text passes through the push services of Expo and Apple to reach your device. You can turn notifications off in your device settings.
- Scam warnings. Poplex sometimes shows a notice under a message that names a payment method that scammers often ask for. It is a reminder and not a finding about the message or the person.
8. Dealing with other collectors
Anything you buy, sell, trade or arrange with someone you meet through Poplex is between you and that person. We do not verify who anyone is (the verified star is described in section 4), the authenticity, condition or ownership of any card, or whether anyone will pay or deliver. We cannot recover your money or your card. Be careful, use payment methods that protect buyers and sellers, and read our guidance about common scams in the Community Guidelines. We are not liable for any dispute or loss between collectors.
9. Business accounts, advertising and sponsored content
An adult may switch to a business account. Poplex reviews business accounts before it opens advertising tools to them, and may decline or remove one. Poplex shows advertising and sponsored posts, always labelled “Sponsored”. The Business and Advertising Terms govern business accounts and advertising, and the Privacy Policy explains how ads are chosen and what advertisers receive, which is counts only.
We do not endorse advertisers or what they sell, and we are not responsible for their claims, their products, their websites or the way they handle information once you leave Poplex by tapping a link or an ad. Some links may earn Poplex a commission; where they do, we say so beside the link.
10. Moderation, enforcement and appeals
How we moderate. We act on reports from collectors, on our own review, and through automated filters that refuse offensive words in handles, captions, comments, bios, messages and similar text. We do not routinely scan photographs. Every post, comment, profile, story, message and group in Crew can be reported from inside the app, and any collector can block another. We prioritize reports about children, credible threats and immediate risks to people, and we decide the rest as quickly as we reasonably can, but we do not promise a response time and we may decide not to act on a report.
What we may do. At our discretion, and with or without notice, we may remove or hide content, limit what an account can do (for example turn messaging off for a time), refuse, change or reclaim a handle, remove a verified star, close a group, decline to restore content, and suspend or end an account. We generally act where content or conduct breaks these Terms or the Community Guidelines, or where the law or a risk to someone requires it. Nothing in these Terms requires us to keep any content available.
Telling you, and asking us to look again. Where we reasonably can, and unless the law or safety stops us, we will tell you what we did and why. You can ask us to review a decision by writing to support@poplexcollectors.com with your handle and what happened. We review each request, and we will tell you the result. We may keep a restriction in place while we review. If you are in the European Union, you may also have rights under the Digital Services Act, including to have a decision explained and to use an out-of-court dispute settlement body, which nothing in these Terms limits.
Serious harm. We report apparent child sexual exploitation material to the National Center for Missing and Exploited Children, as the law requires, and we may refer other serious matters, such as credible threats, to law enforcement. Content involving the sexual exploitation of a minor ends an account immediately and permanently.
Repeat infringers. We end the accounts of collectors who repeatedly infringe other people’s copyright (section 14).
11. Poplex’s brand and intellectual property
The Service, and everything in it other than Your Content and third-party material, including its software, design, text, graphics and arrangement, belongs to TC Holding, LLC or its licensors and is protected by intellectual property law. The Poplex name, wordmark, logo and the visual identity of the app and this website are trademarks of TC Holding, LLC, whether or not registered.
We grant you a personal, revocable, non-transferable, non-exclusive licence to use the Service for your own collecting. That is all. You may not copy, modify, distribute, sell or create derivative works from the Service; use our name, marks or branding without our prior written permission; suggest a sponsorship, endorsement or partnership that does not exist; register a confusingly similar name, handle or domain; or use our marks in a way that is misleading or damaging to our reputation. If you send us feedback or suggestions, we may use them freely and without obligation to you.
12. Trading cards, catalog data and third parties
Poplex is an independent product. It is not affiliated with, endorsed by, sponsored by or approved by Nintendo, Creatures Inc., GAME FREAK inc., The Pokémon Company, or any other card publisher, manufacturer, grading company or marketplace. All card names, set names, images, logos and other marks belong to their respective owners and are referred to for identification and commentary only. Catalog, image and price information may come from third-party sources, is provided as is, and is governed by those providers’ own terms. We do not control, and are not responsible for, third-party websites, apps or services that the Service links to or relies on.
13. No financial advice, and no guarantee about values or identification
Poplex is not a financial adviser, appraiser, broker or dealer, and nothing in the Service is financial, investment, tax or legal advice. Market information may be incomplete, delayed or wrong, and an asking price is not a completed sale. Card identification, condition notes and any grading-related tools are informational. They are not an authentication, a grade from a grading company, or a valuation, and they may be inaccurate. Collecting and spending decisions are yours alone.
14. Copyright and trademark complaints
If you believe material on Poplex infringes your copyright, send a notice to support@poplexcollectors.com. A notice must include: your contact details; a description of the copyrighted work; where the material is on the Service so we can find it; a statement that you believe in good faith that the use is not authorized by the owner, its agent or the law; a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature. We remove material we believe infringes and end the accounts of repeat infringers.
If your material was removed and you believe that was a mistake, you may send a counter-notice to the same agent with your contact details, a description of the removed material and where it was, a statement under penalty of perjury that you believe in good faith it was removed by mistake or misidentification, and your consent to the jurisdiction of the federal court for your district (or, outside the United States, of the courts in section 20), and your signature. If the complainant does not file a court action within the period the law allows, we may restore the material. Knowingly sending a false notice or counter-notice can make you liable for damages.
For a complaint about a trademark, or about content that is unlawful for another reason, write to support@poplexcollectors.com with enough detail for us to find the content and understand the complaint.
15. Privacy
Our Privacy Policy explains what we collect, why, who else handles it, how long we keep it, and your choices and rights. It is part of these Terms.
16. Ending your use, and ending your account
You may stop using Poplex and delete your account at any time, as the Privacy Policy describes. We may suspend or end your access as section 10 describes, and we may stop providing the Service or any part of it, in which case we will give reasonable notice where we can. Sections that by their nature should survive do survive, including the licence for existing copies in section 5, the disclaimers and limitation of liability, the indemnity, and the disputes section.
17. The Service is provided as is
The Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, that card identification, market information or condition notes will be accurate, or that content posted by other collectors is genuine, lawful or accurate. Some places do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
18. Limitation of liability
To the fullest extent permitted by law, TC Holding, LLC, its members, personnel and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, lost collection value, or losses arising from any transaction or dealing between you and another collector, whether or not we were advised such damages were possible. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us in the twelve months before the claim, or one hundred United States dollars.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for fraud, for death or personal injury caused by negligence, or for anything that a consumer protection law where you live does not allow us to exclude. Some places do not allow the limits in this section, so they may not apply to you in full.
19. Indemnity
To the extent the law allows, you agree to indemnify and hold harmless TC Holding, LLC, its members and its personnel from any claim, demand, loss or expense, including reasonable legal fees, arising out of Your Content, your use of the Service, your breach of these Terms or the Community Guidelines, or your violation of any law or third-party right. This section does not apply to you if you are a consumer in a place where the law does not allow it.
20. Disputes and governing law
If something goes wrong, please write to support@poplexcollectors.com first. Most problems are settled that way, and we ask that you give us thirty days to resolve a dispute informally before starting a formal proceeding. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, and you and TC Holding, LLC agree to the exclusive jurisdiction of the state and federal courts located in the State of New York.
If you are a consumer in the European Union, the United Kingdom or another place whose consumer law gives you the right to bring claims in your own courts or to rely on your own law, nothing in this section takes those rights away. Either of us may bring a claim in a small-claims court that has jurisdiction.
21. Apple App Store terms
If you obtained the Poplex app through the Apple App Store, these Terms are between you and TC Holding, LLConly, not Apple, and TC Holding, LLC alone is responsible for the app and its content. These Terms are meant to meet Apple’s minimum terms for app licences, and where those minimum terms are stricter than anything here, they apply. In particular:
- The licence we give you is limited, non-transferable and non-exclusive, to use the app on Apple-branded products that you own or control, as the App Store usage rules allow.
- TC Holding, LLC is responsible for maintenance and support of the app, which you can ask for at support@poplexcollectors.com. Apple has no obligation to provide any.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price if there was one; Apple has no other warranty obligation for the app. Any other claim, loss or expense for failure to conform is our responsibility.
- TC Holding, LLC, not Apple, is responsible for addressing any claim about the app or your possession or use of it, including product liability claims, claims that it fails to meet a legal requirement, and claims under consumer protection, privacy or similar laws, and for any third-party claim that the app infringes intellectual property. If such a claim is made, we, not Apple, will investigate, defend, settle and discharge it.
- You represent that you are not located in a country subject to a United States embargo or designated as a terrorist-supporting country, and that you are not on any United States list of prohibited or restricted parties. You must comply with applicable third-party terms, such as those of your wireless carrier, when using the app.
- Apple and its subsidiaries are third-party beneficiaries of these Terms. When you accept them, Apple will have the right, which it is taken to have accepted, to enforce them against you as a third-party beneficiary.
- Questions, complaints and claims about the app may be sent to TC Holding, LLC at support@poplexcollectors.com.
22. Changes to these Terms
We may change these Terms as Poplex develops. When we do, we will post the updated Terms here with a new effective date. If a change is material, we will give you reasonable notice before it takes effect, by email or in the app, and at least thirty days’ notice where the law requires it or where the change reduces your rights. If you do not agree to a change, you may delete your account before it takes effect. Continuing to use the Service after a change takes effect means you accept it.
23. General
- Entire agreement. These Terms, with the Community Guidelines, the Privacy Policy and, where they apply, the Business and Advertising Terms, are the entire agreement between you and TC Holding, LLC about the Service and replace earlier versions.
- If a part fails. If a provision is held unenforceable, the rest remains in force. Our not enforcing a provision is not a waiver of it.
- Assignment. You may not transfer your rights under these Terms. We may transfer ours in connection with a merger, acquisition, financing or sale of assets, and will tell you if that changes who is responsible for your information.
- Notices. We may give you notices by email to the address on your account, in the app, or by posting on this website. You may give us notices at support@poplexcollectors.com. You agree to receive notices electronically.
- Events outside our control. We are not liable for a delay or failure caused by events beyond our reasonable control, such as outages of internet, hosting or platform providers, or acts of government.
- Export and sanctions. You must follow United States export controls and sanctions laws that apply to your use of the Service.
- California residents. Under California Civil Code section 1789.3, California users of the Service are entitled to the following notice. The Service is provided by TC Holding, LLC, support@poplexcollectors.com. To resolve a complaint, or to receive further information about the use of the Service, contact us. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
- Your local consumer rights. If you are a consumer, you may have rights under the law of the place where you live that these Terms cannot change. These Terms do not affect them.
- Language. These Terms are written in English. A translation is for convenience only.
24. Contact
Questions about these Terms may be sent to support@poplexcollectors.com.