Terms of Service

These Terms are an agreement between you and Disc and Deck LLC ("DiscandDeck," "we," "us"), a South Dakota limited liability company. They cover your use of discanddeck.com and everything on it. By creating an account, making a purchase, or creating a listing on the site, you agree to these Terms and our Privacy Policy.

1. What DiscandDeck Is

DiscandDeck is a peer-to-peer (P2P) online marketplace specifically for physical media and gaming hardware: DVDs, Blu-rays, 4K UHDs, steelbooks, box sets, boutique film releases, video games, consoles, handhelds, and PC graphics cards.

Sales happen directly between buyers and sellers. DiscandDeck provides the web platform, seller fee tracking, tax compliance tools, and marketplace rules. DiscandDeck is not the seller or buyer of any listed item, does not take physical custody or possession of listed items, and does not guarantee the contents of any individual listing, user, or item.

2. Who Can Use DiscandDeck

3. Buying

4. Selling

5. Platform Fees & Seller Tiers

6. Taxes & Marketplace Facilitator Laws

7. Payments, Merchant of Record & Off-Platform Policy

All payments on DiscandDeck are processed via PayPal. Your payment activities are subject to PayPal's User Agreement and Privacy Statement. DiscandDeck never collects, views, or stores your credit card or bank account details.

7.1 Merchant of Record & Financial Liability

Strict Prohibition of Off-Platform Transactions: You may not request, offer, or accept payments outside of DiscandDeck—including cash, Venmo, Zelle, CashApp, direct PayPal "Friends & Family" transfers, or any off-site method. Attempting to move transactions off-platform bypasses buyer and seller protection, voids marketplace coverage, and will result in permanent account termination.

8. Prohibited Items

You may not list, buy, or sell any of the following on DiscandDeck:

9. User Conduct & Messaging Rules

10. User Content & Intellectual Property

You retain ownership of photos, text descriptions, messages, and feedback ratings that you post to DiscandDeck. You grant DiscandDeck a non-exclusive, worldwide, royalty-free, perpetual license to host, display, reproduce, modify, and distribute your posted content solely to operate, market, and promote the marketplace. You represent that you hold all necessary rights to any photos or content you upload.

11. Copyright & DMCA Notice and Takedown Policy

DiscandDeck respects the intellectual property rights of others and expects its users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). Listings, photos, and descriptions are posted by independent users, not by DiscandDeck.

11.1 Designated Copyright Agent

Send copyright infringement notices and counter-notifications to our Designated DMCA Agent by email or postal mail:

Please send only copyright notices to this agent. Other questions sent here will not receive a response; contact [email protected] instead. You may also flag a listing with the “Report listing” link and the reason “DMCA / Copyright Infringement”; a report of that kind hides the listing while we review it, but a formal notice meeting Section 11.2 is still required before we treat it as a DMCA notice.

11.2 Filing a Notice of Infringement

If you believe material on DiscandDeck infringes a copyright you own or are authorized to enforce, your written notice must include all of the following:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
  2. Identification of the copyrighted work claimed to be infringed (or, if multiple works are covered by a single notice, a representative list of those works).
  3. Identification of the material claimed to be infringing and information reasonably sufficient for us to locate it — ideally the full URL of each listing (for example, https://discanddeck.com/listing.html?id=…) and a description of the specific photo or text at issue.
  4. Your contact information, including your name, mailing address, telephone number, and email address.
  5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner.

Notices that do not substantially comply with these requirements may not be acted on. On receiving a valid notice, we will promptly remove or disable access to the identified material, notify the user who posted it, and provide that user with a copy of the notice (which may include your name and contact details).

Please note that selling a lawfully made, genuine physical copy (such as a used DVD, Blu-ray, or video game) is generally permitted under the first-sale doctrine (17 U.S.C. § 109) and is not, by itself, copyright infringement. Concerns about counterfeit or bootleg goods can be raised through the “Report listing” link.

11.3 Counter-Notification

If material you posted was removed and you believe it was removed by mistake or misidentification, you may send a counter-notification to our Designated Agent at the address above. It must include:

  1. Your physical or electronic signature.
  2. Identification of the material that was removed or disabled and the location (URL) where it appeared before removal.
  3. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
  4. Your name, mailing address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which DiscandDeck may be found), and that you will accept service of process from the person who filed the original notice or that person’s agent.

When we receive a valid counter-notification, we will forward a copy to the person who filed the original notice. Unless that person informs us that they have filed a court action seeking to restrain the alleged infringement, we may restore the removed material in not less than ten (10) and not more than fourteen (14) business days after we receive the counter-notification.

11.4 Repeat Infringers

DiscandDeck will, in appropriate circumstances, terminate the accounts of users who are repeat infringers. As a general rule, an account that is the subject of three (3) valid infringement notices within a twelve (12) month period, without a successful counter-notification, will be permanently terminated. We may also suspend or terminate an account after fewer notices where the infringement is willful or egregious. Listings removed for infringement also count against a seller’s trust score (see Section 5).

11.5 Misrepresentations

Under 17 U.S.C. § 512(f), any person who knowingly and materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees. If you are unsure whether material infringes your rights, consider consulting a lawyer before submitting a notice.

12. Account Suspension & Termination

DiscandDeck reserves the right to limit, suspend, or permanently terminate any user account, hide or delete listings, or cancel pending unfulfilled transactions if we reasonably suspect a breach of these Terms, fraudulent activity, security risks, or harm to other users. You may close your DiscandDeck account at any time by contacting [email protected], provided all active orders and sales have been fully fulfilled and resolved.

13. Disclaimers & Limitation of Liability

14. Indemnification

You agree to defend, indemnify, and hold harmless Disc and Deck LLC and its members, officers, and agents against any third-party claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from your listings, purchases, sales, user content, or violation of these Terms or applicable laws.

Sellers' obligations under this Section include, without limitation, the chargeback, dispute, processor clawback, and negative balance liabilities described in Section 7.1 (Merchant of Record & Financial Liability).

15. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict-of-law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or DiscandDeck shall be instituted exclusively in the state or federal courts located in Minnehaha County, South Dakota, or in small claims court where eligible.

16. Modifications to Terms

We may revise these Terms from time to time. If a revision is material, we will provide at least thirty (30) days' notice via email or a prominent banner on the website before the new terms take effect. Continued use of DiscandDeck following the effective date of updated Terms constitutes acceptance.

17. Contact Us

For support, legal questions, or account inquiries: