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Terms of Service

Effective [EFFECTIVE DATE]

These Terms are an agreement between you and [LEGAL BUSINESS NAME] ("DiscandDeck," "we," "us"), a [STATE] [ENTITY TYPE, e.g. limited liability company]. They cover your use of [YOUR DOMAIN] and everything on it. By creating an account or using the site, you agree to these Terms and our Privacy Policy.

1. What DiscandDeck is

DiscandDeck is a marketplace where people buy and sell physical media and gaming gear: DVDs, Blu-rays, 4K UHDs, box sets, boutique releases, video games, consoles, handhelds and graphics cards. Sales happen directly between buyers and sellers. We provide the site, payment and shipping tools, and rules for using them. We are not the seller of any item, we don't take possession of items, and we don't guarantee any listing, user or item.

2. Who can use it

• You must be at least 18 and able to form a binding contract.
• You must live in the United States. We currently support US addresses and US dollars only.
• One account per person. Don't use an account that isn't yours, and don't create a new account if we've suspended yours.
• Keep your sign-in details private. You're responsible for activity on your account. Tell us right away at [SUPPORT EMAIL] if you think someone else has accessed it.

3. Buying

• When you click Buy and complete payment, you've made a binding purchase at the price shown at checkout. That includes the item price, a 3% service fee and any shipping charge.
• Offers are commitments. If a seller accepts your offer, you're expected to check out within 24 hours. Until someone pays, the item stays for sale.
• Check your order when it arrives and confirm receipt on the order page. If you don't confirm or report a problem, the order completes automatically 7 days after the carrier shows it delivered, or 30 days after it shipped if no delivery scan appears.
• If something's wrong, message the seller on the order page first. If you can't resolve it, you may be able to open a case with PayPal under PayPal's Purchase Protection program, subject to PayPal's terms.

4. Selling

• To sell, you must connect a PayPal business account in good standing. Payments go from the buyer to your PayPal account. DiscandDeck never holds your sale proceeds.
• You may only list items you own and have in hand. Describe them honestly: title, edition, region, condition and anything missing or damaged. Photos must show the actual item you're selling.
• Ship within 3 business days of payment, with tracking, in packaging that protects the item. Use postage that's correct for what you're sending. USPS Media Mail is only for qualifying media such as movies. It can't be used for video games, consoles, handhelds or other hardware.
• You're responsible for the item until the carrier shows it delivered, and for complying with laws that apply to your sales, including any taxes.
• If you connect Shippo, labels are bought on your Shippo account and billed by Shippo under its terms.

5. Fees

• Seller fee: 3% of the item price, taken when the sale is paid.
• Buyer service fee: 3% of the item price, shown at checkout.
• PayPal: PayPal charges sellers its own processing fee on each payment. It's taken from the payment before it reaches you.
• We may run promotions, such as waiving the seller fee for a period, and may change our fees with at least 30 days' notice. Changes don't affect sales already made.
• [CONFIRM YOUR POLICY:] When an order is refunded in full, DiscandDeck refunds its fees on that order.

6. Payments

All payments are processed by PayPal, and your use of PayPal is subject to PayPal's own terms. DiscandDeck doesn't see or store your card or bank numbers. Don't ask for or make payment outside DiscandDeck, whether by Venmo, Zelle, cash, a PayPal "friends and family" transfer or anything else. Off-platform payments aren't covered by these Terms or by PayPal Purchase Protection, and they're a common scam.

7. Items you can't list

• Counterfeit, bootleg, pirated or burned copies of movies or games, and reproduction cartridges or discs presented as originals.
• Consoles, handhelds or storage devices sold with pirated games or software installed.
• Stolen items, items you don't own, and items you can't legally sell.
• Digital codes, accounts or downloads sold on their own. DiscandDeck is for physical goods.
• Anything we decide, in our reasonable judgment, is unsafe, deceptive or harmful to the marketplace.

Items that don't work must be clearly labeled "for parts or not working."

8. How to behave

• Don't share phone numbers, email addresses or payment-app usernames in public questions, or use the site to arrange sales elsewhere.
• Don't post false or misleading content, fake reviews or ratings, or offers you don't intend to honor.
• Don't harass, threaten or discriminate against anyone.
• Don't scrape, overload, probe or interfere with the site, or try to get around our security or fees.

9. Your content

You keep ownership of what you post: listings, photos, questions, answers, messages and ratings. You give DiscandDeck a non-exclusive, worldwide, royalty-free license to host, display, reproduce and adapt that content to run and promote the marketplace, for as long as it's on the site and a reasonable time after. You're responsible for having the rights to what you post. We may remove content that breaks these Terms.

10. Copyright complaints

If you believe content on DiscandDeck infringes your copyright, send a notice that meets the requirements of the Digital Millennium Copyright Act to our designated agent: [DMCA AGENT NAME], [MAILING ADDRESS], [DMCA EMAIL]. We remove infringing content and may close the accounts of repeat infringers.

11. Suspension and closing accounts

We may limit, suspend or close an account, hide listings or content, or cancel unpaid transactions if we reasonably believe someone has broken these Terms, created risk or harm for others, or acted fraudulently. Where we can, we'll tell you why. You can close your account at any time by contacting [SUPPORT EMAIL]. Orders already paid must still be completed.

12. Disclaimers

DiscandDeck is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't guarantee the quality, safety, legality or accuracy of listings, the ability of sellers to sell or buyers to pay, or that the site will be uninterrupted or error-free. Delivery estimates are estimates.

13. Limits on our liability

To the fullest extent the law allows, DiscandDeck and its owners, employees and agents aren't liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or data, arising from your use of the site or any transaction between users. Our total liability for any claim is limited to the greater of (a) the fees you paid DiscandDeck in the 12 months before the claim, or (b) $100. Some states don't allow some of these limits, so they may not all apply to you.

14. Your responsibility to us

You agree to defend and indemnify DiscandDeck against claims, losses and costs, including reasonable attorneys' fees, arising from your listings, sales or purchases, your content, or your breaking these Terms or the law.

15. Disputes with DiscandDeck

If you have a problem with us, contact [SUPPORT EMAIL] first and we'll try to resolve it informally within 30 days. These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-laws rules. Any dispute that isn't resolved informally will be brought in the state or federal courts located in [COUNTY], [STATE], or in small claims court where eligible. [LAWYER: decide whether to add an arbitration agreement and class-action waiver.]

16. Changes

We may update these Terms. If a change is material, we'll notify you by email or on the site at least 30 days before it takes effect. Using DiscandDeck after the effective date means you accept the updated Terms.

17. Contact

[LEGAL BUSINESS NAME] · [MAILING ADDRESS] · [SUPPORT EMAIL]