Terms & Conditions

A legal disclaimer

Last Updated: November 17, 2025

AGREEMENT TO TERMS These Terms of Use constitute a legally binding agreement between you, whether individually or on behalf of an entity (“you,” “your”), and Ember Collective Breaks, LLC, a Minnesota limited liability company doing business as Ember Collective Breaks (“Ember Collective Breaks,” “we,” “us,” or “our”), with its principal office at [5484 192ND Circle NW], Nowthen, MN 55303.

These Terms govern your access to and use of embercollectivebreaks.com, its subdomains, and any related websites, mobile sites, or applications (collectively, the “Site”), as well as your participation in live or pre-recorded group breaks of sealed trading card products and related services (collectively, the “Services”).

By accessing the Site or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. IF YOU DO NOT AGREE, YOU ARE PROHIBITED FROM USING THE SITE OR SERVICES AND MUST CEASE USE IMMEDIATELY.

We reserve the right to amend these Terms at any time. The updated “Last Updated” date reflects the effective date. Your continued use after changes are posted constitutes binding acceptance. You waive any right to individualized notice of changes and are responsible for periodically reviewing these Terms.

The Site and Services are intended solely for users 18 years of age or older and located in jurisdictions where group breaking is lawful. Persons under 18 are strictly prohibited from registering or participating.
INTELLECTUAL PROPERTY RIGHTS The Site, Services, and all associated content, features, functionality, trademarks, logos, and designs are owned or licensed by us and protected by U.S. and international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for personal, non-commercial purposes only. No other rights are granted.
USER REPRESENTATIONS By using the Site or Services, you represent and warrant that: (1) all information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you are at least 18 years old and have legal capacity to enter this agreement; (4) you will not use automated means (bots, scripts, etc.) to access the Site or Services; (5) you will not use the Site or Services for any illegal or unauthorized purpose; (6) your use will not violate any applicable law or regulation.
USER REGISTRATION You must register to participate in breaks. You agree to keep your password confidential and are responsible for all activity on your account. We may remove or reclaim usernames that are inappropriate, obscene, or otherwise objectionable.
PURCHASES AND PAYMENT We accept PayPal, Stripe, Venmo, Visa, Mastercard, American Express, and Discover. You agree to provide current, complete, and accurate purchase information. Sales tax will be added where required. All payments are in U.S. dollars. We may correct pricing errors and refuse or cancel any order at our sole discretion.
BREAK RULES & RANDOMIZATION All randomizations (teams, spots, hits) are conducted live via random.org or equivalent verified platforms. Results are final. Spot purchases are non-refundable and non-transferable except with prior written approval. “Hit drafting” (when applicable) follows the rules announced at the start of each break.
RETURN & REFUND POLICY All break spot sales are final. No refunds or exchanges will be issued except as required by law.
PROHIBITED ACTIVITIES You may not:
- Create multiple accounts to gain unfair advantage or extra spots
- Collude with others to manipulate randomizations or hit drafting
- Use bots, scripts, or automated tools to purchase spots or interfere with breaks
- Attempt to reverse-engineer or tamper with randomization systems
- Harass, threaten, or disparage staff, streamers, or other participants
- Engage in chargeback fraud or dispute legitimate charges
- Resell or transfer spots without our prior written consent
- Stream, record, or rebroadcast our live breaks without permission

Violation may result in immediate account termination, lifetime ban, and legal action.

USER-GENERATED CONTRIBUTIONS Chat messages, comments, and other contributions during live breaks are public and non-confidential. By posting, you grant us an irrevocable, worldwide, royalty-free license to use, modify, and display them. You are solely responsible for your contributions and agree they will not violate any law or third-party rights.

CONTRIBUTION LICENSE By posting Contributions (chat messages, comments, images, videos, or any other content) on the Site or during live breaks, you automatically grant us an irrevocable, unlimited, perpetual, royalty-free, worldwide, transferable, sublicensable license to host, use, copy, reproduce, disclose, publish, modify, create derivative works from, publicly perform, publicly display, and distribute such Contributions for any purpose, including commercial and promotional use. This license survives termination of your account or these Terms. You waive all moral rights and represent that you own or control all necessary rights in your Contributions.
SUBMISSIONS Any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”) you provide to us are non-confidential and become our sole property. We may use and disseminate Submissions for any lawful purpose without acknowledgment or compensation to you.
THIRD-PARTY WEBSITES AND CONTENT The Site may contain links to third-party websites or display third-party content. We are not responsible for such websites or content, their accuracy, legality, or privacy practices. You access them at your own risk and should review their terms and policies.
SITE MANAGEMENT We reserve the right, without obligation, to: (1) monitor the Site for violations of these Terms; (2) take legal action against anyone who violates these Terms or applicable law, including reporting to law enforcement; (3) refuse, restrict, or remove any Contribution; (4) manage the Site to protect our rights, property, and proper functioning.
PRIVACY POLICY Your use of the Site and Services is also governed by our Privacy Policy, available at [link to privacy policy], which is incorporated herein by reference. The Site and Services are hosted in the United States. By using them, you consent to the transfer of your data to and processing in the United States.
TERM AND TERMINATION These Terms remain in effect while you use the Site or Services. We may, in our sole discretion and without notice, suspend or terminate your access, delete your account, or ban you permanently for any reason, including breach of these Terms. Upon termination, your right to use the Site and Services ceases immediately.
MODIFICATIONS AND INTERRUPTIONS We may modify, suspend, or discontinue the Site or Services at any time without notice or liability. We are not liable for any downtime, interruptions, or loss of data resulting from maintenance, technical issues, or force majeure events.
GOVERNING LAW These Terms and your use of the Site and Services are governed by the laws of the State of Minnesota, without regard to conflict of law principles.
DISPUTE RESOLUTION Informal Negotiation – The parties agree to first attempt to resolve any dispute informally for at least 30 days. Binding Arbitration – Any dispute not resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in Hennepin County, Minnesota. There is no class arbitration. Each party bears its own costs; the arbitrator’s decision is final. Exceptions – Disputes concerning intellectual property rights, theft, piracy, or injunctive relief may be brought in state or federal court in Hennepin County, Minnesota.
CORRECTIONS We may correct typographical errors, inaccuracies, or omissions on the Site at any time without prior notice.
DISCLAIMER THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.
LIMITATIONS OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
INDEMNIFICATION You agree to defend, indemnify, and hold harmless Ember Collective Breaks, its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Site or Services, your Contributions, or your breach of these Terms.
USER DATA You are solely responsible for any data you transmit or activities you undertake using the Site or Services. We are not liable for loss or corruption of your data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Using the Site, sending emails, or completing forms constitutes electronic communication. You consent to receive electronic communications and agree that electronic signatures, contracts, orders, and records satisfy any legal requirement for written signatures.
CALIFORNIA USERS AND RESIDENTS California residents may 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, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS These Terms constitute the entire agreement between you and us. Our failure to enforce any right does not waive it. If any provision is held invalid, the remainder remains in effect. We may assign our rights and obligations at any time. We are not liable for failure to perform due to causes beyond our reasonable control. No agency, partnership, or joint venture is created by these Terms.
CONTACT US Ember Collective Breaks, LLC Nowthen, MN 55303 Email: support@embercollectivebreaks.com