Terms And Conditions
BLEACHER BREAKS TERMS AND CONDITIONS
Effective Date: May 2026
These Terms and Conditions (“Terms”) govern: (1) your access to and use of our websites (URL https://bleacherbreaks.com/), mobile application(s), and related services operated by Bleacher Breaks (“Bleacher Breaks Site” or “Site”); and (2) your participation in and purchases made through channels operated by Bleacher Breaks through the Whatnot platform at URL https://www.whatnot.com/ (“Whatnot Channels” or “Channels”).
By accessing or using the Bleacher Breaks Site or Whatnot Channels, creating an account, bidding, or purchasing any item, you agree to be bound by these Terms.
PLEASE REVIEW THESE TERMS CAREFULLY. AMONG OTHER THINGS, THEY CONTAIN A MANDATORY ARBITRATION PROVISION, JURY WAIVER, AND CLASS ACTION WAIVER THAT MAY LIMIT YOUR RIGHTS.
Our Business
Bleacher Breaks buys and sells collectible items such as trading cards and coins. Our sales are conducted through our Whatnot Channels where we conduct live shows and may also provide opportunities to purchase items outside of live shows through the buy-it-now, make-offer, pre-bid, and/or auction features on Whatnot. Please see the “Whatnot Channels” section below for more information. From time to time, we may also conduct certain limited sales on the Bleacher Breaks Site.
Eligibility and Account Registration
For both the Bleacher Breaks Site and the Whatnot Channels:
- You must be at least 18 years old and legally able to enter into binding contracts to use the Site or Channels and to make purchases.
- You agree to provide accurate, current, and complete information when creating an account and to keep it updated.
- You are responsible for safeguarding your credentials and for all activity under your account.
Bleacher Breaks Site
- Access to and Use of the Bleacher Breaks Site
We reserve the right to modify or discontinue the Bleacher Breaks Site and any services we provide via the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. We may restrict user access to some parts of the Site or the entire Site. We have the right to block you from accessing the Site at any time if we believe in our sole discretion that you have violated any provision of these Terms.
To the extent you provide any information to us via the Site, you represent and agree that you are at least 18 years of age and all such information is your own information and is accurate. By providing us with any personal data via the Site, you agree that we can use such personal data to contact you or to provide more information about our products and services or, if applicable, about job or other engagement or collaboration opportunities. Bleacher Breaks’ collection and use of your personal data is subject to our Privacy Policy and any specific privacy notices that we may provide from time to time.
- Prohibited Activities
You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Bleacher Breaks Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your internet browser for display enhancement purposes.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You may not access or use the Site for any purpose other than that for which we make the Site available. Without limiting the foregoing, as a user of the Site, you agree not to:
- Attempt to impersonate Bleacher Breaks or any other person.
- Trick, defraud, or mislead us or others.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or content on the Site for any revenue-generating endeavor or commercial enterprise without our permission to do so.
- Engage in unauthorized framing of or linking to the Site.
- Use any information obtained from the Site in order to harass, abuse, intimidate, threaten or harm another person.
- Delete the copyright or other proprietary rights notice from any content on the Site.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that: (i) prevent or restrict the use or copying of any content; (ii) enforce limitations on the use of the Site and/or the content contained therein; or (iii) prevent or restrict access to any portion of the Site.
- Copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or otherwise engages in data gathering.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Intellectual Property
The Bleacher Breaks Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Bleacher Breaks, our affiliates, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Bleacher Breaks, Bleacher Bats, Bleacher Bullion, Bleacher Coins, Bleacher Gold, Bleacher Hits, Bleacher Reserve, Bleacher TCG, Bleacher X, Cracked Breaks, and Gold Graysen, and all related names, logos, product and service names, designs, and slogans are our trademarks or our affiliates’ or licensors’ trademarks. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Bleacher Breaks Site are the trademarks of their respective owners, and you must not use such marks without the owner’s written permission.
No right, title, or interest in or to the Bleacher Breaks Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
If you believe that any content on or available through the Bleacher Breaks Site infringes a copyright you own or control, please immediately notify us bleacherbreakshq@gmail.com (a “Notification”). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the Notification must include substantially the following:
- your physical or electronic signature;
- identification of the copyrighted work you believe to have been infringed;
- identification of the material on the Site that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material;
- your contact information including your name, mailing address, telephone number and, if available, e-mail address;
- a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- a statement that the information in the notice is accurate; and
- a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
If you do not comply with these requirements, your Notification may not be effective. If you knowingly misrepresent that materials on the Bleacher Breaks Site infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA.
- Links to Other Websites
The Bleacher Breaks Site contains links to other sites. Unless expressly stated otherwise, Bleacher Breaks does not control these sites. We assume no responsibility for the content of such websites or applications and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link on our Site to another site or application does not imply any endorsement by us.
- Links to the Bleacher Breaks Site
If you want to link to our Site, you may do so only to the home page (i.e., https://bleacherbreaks.com/) without prior permission and provided that the link is not used in a manner that is deceptive, confusing, or in violation of applicable law. Deep linking (i.e., links to specific pages within the site) requires the express written permission of Bleacher Breaks.
- Security
Although Bleacher Breaks uses reasonable measures to ensure that the Bleacher Breaks Site is secure and free of viruses and other malware, all users are advised to take precautions for their own security and that of their devices. Information sent over the internet can never be guaranteed to be 100% secure. Bleacher Breaks shall not be responsible or liable for the security of any information you provide via the Site.
- Disclaimer of Warranties
THE BLEACHER BREAKS SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, DOCUMENTS, PRODUCTS OR SERVICES ON THE SITE; (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF MERCHANTABILITY, OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (3) ANY WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THE SITE OR ANY PART OF IT; (4) ANY WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; AND (5) WARRANTIES RELATING TO WEBSITES TO WHICH THE SITE IS LINKED.
Whatnot Channels
Bleacher Breaks operates several channels on the Whatnot platform. The Whatnot platform is operated by a third-party vendor, Whatnot Inc. Bleacher Breaks is not responsible for the operation of the Whatnot platform, including but not limited to its availability, security, and privacy practices and is not responsible for content, services, or products offered on the Whatnot platform by anyone other than Bleacher Breaks. Bleacher Breaks expressly disclaims all liability for the action, inaction, products or services of Whatnot and any other vendors operating on the Whatnot platform.
For more information about making purchases on Whatnot, please visit https://help.whatnot.com/hc/en-us/articles/360061194792-Buying-on-Whatnot. To make purchases on the Whatnot platform from Bleacher Breaks or other vendors, you must have a Whatnot account. Your Whatnot account is governed by terms and conditions established by Whatnot. Those terms and conditions are subject to change, as determined by Whatnot. It is your responsibility to regularly review and ensure that you comply with the terms and conditions then in effect with respect to the Whatnot platform, including but not limited to:
- Whatnot Community Guidelines, available at https://help.whatnot.com/hc/en-us/articles/360061197472-Whatnot-Community-Guidelines
- Whatnot Terms of Service, available at https://whatnot.pactsafe.io/legal.html?g=47414#terms-of-service
All purchases from Bleacher Breaks through the Whatnot platform are subject to the Whatnot Buyer Protection Policy in effect at the time your purchase is made. The Whatnot Buyer Protection Policy is available at https://help.whatnot.com/hc/en-us/articles/360061194552-Whatnot-Buyer-Protection-Policy.
Our Whatnot Channels may include user reviews. We are not responsible for the content of the reviews. Reliance on the content of the reviews is at your own risk.
Additional Legal Terms
The following legal terms apply to your use of and access to the Bleacher Breaks Site, your interaction with us on our Whatnot Channels, all purchases you make from us through the Whatnot Channels or otherwise, and all purchase negotiations and/or purchases we make from you.
Governing Law. Unless otherwise prohibited by applicable law, these Terms and any action arising from your use of the Bleacher Breaks Site, your use of the Whatnot Channels, and your purchases from or sales to Bleacher Breaks will be governed by United States law, including the Federal Arbitration Act, and the laws of the State of Florida, without regard to conflicts of laws principles. Except as otherwise expressly set forth below in “Mandatory Binding Arbitration,” the exclusive jurisdiction for all Disputes (defined below) that you and Whatnot are not required to arbitrate will be the state and federal courts located in Palm Beach County, Florida, and you and Bleacher Breaks each waive any objection to jurisdiction and venue in such courts.
Indemnification. You agree to defend, indemnify, and hold harmless Bleacher Breaks, its affiliates, licensors, and its and their respective officers, directors, employees, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or relating to: (a) your misuse of the Bleacher Breaks Site or Whatnot Channels; (b) your violation of these Terms; (c) your violation of applicable law; (d) your deceptive or unlawful conduct in connection with bids, purchases, or sales; and (e) your violation of any third party’s rights.
Limitation of Liability. To the extent permitted by applicable law, Bleacher Breaks shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or business interruption, arising out of or relating to the Bleacher Breaks Site, the Whatnot Channels, or any purchase from Bleacher Breaks, regardless of the type of claim or form of action and regardless of whether Bleacher Breaks was advised of the possibility of such loss or damage.
To the extent permitted by applicable law, Bleacher Break's aggregate liability to you for damages from all causes whatsoever, and regardless of the form of action, whether in contract, tort, product liability or otherwise, will be limited to the total amounts (exclusive of taxes) paid by you to Bleacher Breaks in the 12 months immediately preceding the event that gave rise to such liability; provided that, if you have paid no such amounts, Bleacher Break’s maximum liability to you shall be $100.00 (USD).
Limitation on Time to File Claims. Except where prohibited by applicable law, any cause of action or claim you may have arising out of or relating to the Bleacher Breaks Site, the Whatnot Channels, or any purchase from Bleacher Breaks must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim shall be permanently barred.
Mandatory Binding Arbitration; Jury Trial Waiver; Class Action Waiver. In the event we are unable to resolve the issue informally, all disputes relating to the Bleacher Breaks Site, the Whatnot Channels, or any purchase from or sale to Bleacher Breaks shall be resolved as described below. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
PLEASE READ CAREFULLY – THIS SECTION CONTAINS A WAIVER OF CERTAIN RIGHTS YOU MAY HAVE.
YOU AND BLEACHER BREAKS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
YOU AND BLEACHER BREAKS ARE AGREEING TO WAIVE ANY RIGHT (i) TO A JURY TRIAL AND (ii) TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE BLEACHER BREAKS SITE, WHATNOT CHANNELS, OR ANY PURCHASE FROM OR SALE TO US, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Arbitration Process. If you are an individual and the dispute relates to less than $75,000 (USD) amount in controversy, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules (the "AAA Consumer Rules") then in effect, except as modified by this Section. The AAA Consumer Rules are available at www.adr.org/consumer or by calling the AAA at 1-800-778-7879. If you are not an individual or the disputes relates to $75,000 (USD) or more in controversy, the arbitration will be administered by AAA in accordance with its Commercial Arbitration Rules then in effect, except as modified by this Section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. For all arbitrations, you are responsible for other fees and costs that you incur in the arbitration, including, but not limited to, attorney’s or expert witnesses. Fees and costs may be awarded to the extent expressly permitted by applicable law.
Small Claims Court. Notwithstanding the foregoing, you may elect to pursue your claim in small claims court rather than arbitration if your claim is within the jurisdiction of the small claims court and you provide us with written notice of your intention to do so before filing. The small claims court proceeding will be limited solely to your individual dispute or controversy.
Changes to These Terms
Bleacher Breaks may modify these Terms at any time. Your continued use of the Bleacher Breaks Site and/or Whatnot Channels after changes become effective constitutes acceptance.
Contact
If you have questions or concerns, please contact us at bleacherbreakshq@gmail.com.