Terms of Service
Welcome to Graded Games. These Terms of Service (the “Terms”) are a binding agreement between you and Graded Games (“Graded Games,” “we,” “us,” or “our”) governing your access to and use of the website located at gradedgames.io and its subdomains, along with our email newsletter, market alerts, data tools, and any related content or services (collectively, the “Service”). Please read them carefully. By accessing or using the Service, or by subscribing to our newsletter, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.
Contents
- About the Service
- Eligibility
- No Investment or Financial Advice
- Accuracy of Information
- No Scraping or Automated Access
- Acceptable Use
- Intellectual Property
- Third-Party Marks & Non-Affiliation
- Newsletter & Communications
- Third-Party Links & Listings
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Suspension & Termination
- Changes to the Service & Terms
- Governing Law & Disputes
- General
- Contact
1.About the Service
Graded Games is an independent, informational resource for collectors of graded and sealed video games. The Service aggregates and presents publicly available market information — including recorded and reported sale prices, auction results, marketplace listings, population and census data, grading references, variant guides, and related commentary — and delivers curated highlights through our website and email newsletter. The Service is provided for general informational, educational, and entertainment purposes only.
3.No Investment or Financial Advice
Nothing on the Service is financial, investment, appraisal, tax, legal, or other professional advice, and nothing on the Service should be relied upon as such. Graded Games is not a broker, dealer, appraiser, financial adviser, or fiduciary, and no content, price, estimate, alert, ranking, or communication constitutes a recommendation, solicitation, or offer to buy, sell, or hold any item, security, or asset.
Collectible video games are speculative, illiquid, and volatile assets. Prices can and do move sharply, and reported or historical sale prices are not a guarantee or prediction of current value or future results. Grades, values, and market conditions change constantly. You are solely responsible for your own decisions and for conducting your own independent research and due diligence — and, where appropriate, for consulting a qualified professional — before buying, selling, insuring, or otherwise acting on any item. Any action you take based on the Service is strictly at your own risk.
2.Eligibility
You must be at least 16 years old (or the age of majority in your jurisdiction, if higher) and legally able to enter into a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements and that all information you provide is accurate. The Service is not directed to children.
4.Accuracy of Information
All information on the Service is provided “AS IS” and “AS AVAILABLE,” without any representation or warranty of accuracy, completeness, timeliness, or reliability. Our data is aggregated from third-party and public sources — including online marketplaces and auction platforms (such as eBay and auction houses), grading companies’ population and lookup tools, seller listings, and automated collection and estimation processes. This information may be delayed, incomplete, out of date, mislabeled, duplicated, machine-estimated, or simply wrong.
Without limiting the above, we do not warrant or guarantee: reported or “sold” prices (which may reflect asking prices, best-offer estimates, canceled sales, private negotiations, shill or non-arm’s-length transactions, or errors); grades, grader designations, population or census counts, or the rarity, authenticity, condition, or provenance of any item; or the availability, seller, or terms of any listing. We may correct, change, remove, or update any content at any time without notice.
You should independently verify any information before relying on it. Graded Games is not responsible for any loss or damage arising from your reliance on information obtained through the Service, or from errors, omissions, or inaccuracies in that information.
5.No Scraping or Automated Access
The data, compilations, and content made available through the Service are valuable proprietary assets of Graded Games and are protected by law. Except with our prior written permission, you agree that you will not, and will not authorize or assist any third party or automated agent to:
- use any robot, spider, crawler, scraper, bot, script, headless browser, or other automated means to access, monitor, index, harvest, copy, or extract any part of the Service or its data;
- scrape, mine, download in bulk, cache, store, republish, redistribute, sell, license, sublicense, or otherwise commercially exploit any data, prices, images, population figures, listings, or other content from the Service;
- use the Service, or any data obtained from it, to build, train, populate, or improve any database, dataset, model, product, or service that competes with or replicates the Service;
- circumvent, disable, or interfere with any rate limit, access control, authentication, robots.txt directive, or other security or usage-management measure;
- frame, mirror, or deep-link the Service in a way that misrepresents its source, or remove or obscure any proprietary notice; or
- impose an unreasonable or disproportionately large load on our infrastructure, or otherwise interfere with the proper working of the Service.
We reserve the right to monitor use of the Service and to block, rate-limit, or permanently deny access to any person, IP address, network, or agent that we reasonably believe is violating this Section, without notice and in addition to any other remedy available to us.
6.Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. In addition to the restrictions in Section 5, you agree not to: (a) violate any applicable law or regulation; (b) infringe the intellectual property or other rights of anyone; (c) upload or transmit any virus, malware, or harmful code; (d) attempt to gain unauthorized access to any part of the Service, other accounts, or connected systems; (e) reverse engineer, decompile, or disassemble any part of the Service; (f) use the Service to send spam or unsolicited communications; (g) impersonate any person or entity or misrepresent your affiliation; or (h) use the Service in any manner that could disable, overburden, damage, or impair it.
7.Intellectual Property
The Service and its contents — including the selection, arrangement, and compilation of data, as well as text, graphics, logos, layouts, software, and the “Graded Games” name and branding — are owned by or licensed to Graded Games and are protected by copyright, trademark, database, and other laws. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and view the Service for your own personal, non-commercial use. No other right or license is granted. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any part of the Service without our prior written consent.
8.Third-Party Marks & Non-Affiliation
Graded Games is an independent service and is not affiliated with, endorsed by, sponsored by, or in any way officially connected with any grading company, marketplace, publisher, or auction house, including without limitation WATA, CGC, VGA, PSA, eBay, Heritage Auctions, Nintendo, Sony, Microsoft, SEGA, or any of their subsidiaries or affiliates. All product names, logos, brands, grades, and trademarks are the property of their respective owners and are used for identification and reference purposes only. Their use does not imply any endorsement or affiliation.
9.Newsletter & Communications
When you subscribe, you consent to receive our newsletter and related emails at the address you provide. We use a confirmed (double) opt-in, meaning you must confirm your subscription before we add you to our list. You can unsubscribe at any time using the link in any email, after which we will stop sending you marketing communications. Your subscription and the handling of your email address are also governed by our Privacy Policy.
10.Third-Party Links & Listings
The Service may reference or link to third-party websites, marketplaces, listings, sellers, and auctions that we do not own or control. We provide these references for convenience and information only. We do not endorse and are not responsible for the content, products, prices, availability, authenticity, or practices of any third party, and your dealings with any third party are solely between you and that third party. Some links may be affiliate or referral links.
11.Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT, DATA, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. GRADED GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY INFORMATION WILL BE ACCURATE OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12.Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GRADED GAMES OR ITS OWNERS, OPERATORS, CONTRIBUTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY AMOUNTS SPENT OR LOST IN CONNECTION WITH BUYING, SELLING, OR VALUING ANY ITEM, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR ANY RELIANCE ON ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY LIABILITY CANNOT BE EXCLUDED, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR, IF GREATER, THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13.Indemnification
You agree to indemnify, defend, and hold harmless Graded Games and its owners, operators, and contributors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any law or the rights of any third party.
14.Suspension & Termination
We may suspend, restrict, or terminate your access to all or part of the Service at any time, with or without notice or cause, including if we believe you have violated these Terms. Upon termination, the licenses granted to you end, and the provisions that by their nature should survive (including Sections 3–8 and 11–17) will continue to apply.
15.Changes to the Service & Terms
We may modify, suspend, or discontinue any part of the Service at any time. We may also update these Terms from time to time. When we do, we will revise the “Last updated” date above, and material changes may be communicated by other reasonable means. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.
16.Governing Law & Disputes
These Terms are governed by the laws of the United States of America, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the courts located in the United States of America, and you consent to their personal jurisdiction and venue — except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or data rights. Before filing any claim, you agree to first contact us and attempt in good faith to resolve the dispute informally. You and Graded Games agree that any dispute will be brought only in an individual capacity and not as part of any class or representative action, to the extent permitted by law.
17.General
These Terms, together with the Privacy Policy, are the entire agreement between you and Graded Games regarding the Service and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce any right is not a waiver of it. You may not assign these Terms without our consent; we may assign them freely. Nothing in these Terms creates any agency, partnership, or employment relationship between us.
18.Contact
Questions about these Terms? Contact us at [email protected].