Terms of Service

Effective Date: October 27, 2026

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

• Age Limit: You must be at least 18 years old and capable of forming a legally binding contract.
• Geographic Scope: You must reside in the United States. DiscandDeck currently supports United States shipping addresses and U.S. Dollar ($ USD) transactions only.
• One Account Per User: You may only maintain one account. You may not access or use an account that belongs to someone else, and you may not create a new account if DiscandDeck has previously suspended or terminated your access.
• Account Security: Keep your account password secure. You are solely responsible for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access to your account.

3. Buying

• Binding Purchase: When you click "Buy Now" and complete payment checkout, you enter into a binding agreement to purchase the item at the price shown at checkout (including the item price, applicable state sales tax, and any specified shipping charges). Buyers pay zero DiscandDeck platform fees.
• Binding Offers: Submitting an offer is a binding commitment to purchase. If a seller accepts your offer, you are expected to complete payment checkout within 24 hours. Until payment checkout is complete, the item remains available for purchase by other buyers.
• Order Delivery & Auto-Completion: Inspect your order as soon as it arrives and confirm receipt on your Order Dashboard. If you do not manually confirm receipt or report an issue, the order automatically marks as Completed seven (7) calendar days after the shipping carrier shows the package as delivered, or thirty (30) days after shipment if no delivery scan appears.
• Issues & Disputes: If an item arrives damaged, incomplete, or significantly not as described, message the seller directly using the order page message box. If you cannot reach a resolution with the seller, eligible transactions may be escalated by opening a claim under PayPal Purchase Protection pursuant to PayPal's policies.

4. Selling

• PayPal Merchant Requirement: To list items for sale, you must connect a valid PayPal account in good standing. Sale proceeds are paid by PayPal to your connected PayPal account. Depending on your seller level and trust score, PayPal may hold your share of a payment and release it when the conditions in Section 5 (Payout Timing) are met. DiscandDeck never takes possession of your sale proceeds; any hold is carried out by PayPal under PayPal's terms, at DiscandDeck's direction.
• Item Ownership & Accuracy: You may only list items that you physically own and have in hand. You agree to describe items accurately, disclosing the exact title, format, edition, region code, physical condition rating (New/Sealed, Like New, Very Good, Good, Acceptable), and any flaws or missing components (e.g., slipcovers, digital codes, inserts). Listing photos must display the actual physical item you are selling. Stock photos, manufacturer images, and photos taken from other listings or websites are prohibited.
• Listing Verification Code: Rookie, Verified, and Pro sellers must include, in the primary cover photo (Image #1) of each listing, a handwritten note showing the single-use verification code DiscandDeck provides, placed next to the item. DiscandDeck reads this photo automatically using a third-party text-recognition service (Google Cloud Vision) and may review it manually. Listings that cannot be verified are not published. For consoles, handhelds, and graphics cards, these sellers must also verify the item's serial number with two photos that each show the same code: a close-up of the serial number label and a wider photo of the whole device. These photos are kept private and shared only with DiscandDeck staff and, after payment, the buyer. Power Sellers and VIP Rockstars are exempt.
• Working Condition Required: Every item listed on DiscandDeck, including discs, video games, consoles, handhelds, and PC hardware, must be in fully functional, working condition. Non-working, defective, or "for parts" items may not be listed.
• Fulfillment & Shipping Rules: Sellers must ship paid orders within three (3) business days of payment confirmation using valid package tracking from a supported carrier: USPS, UPS, or FedEx. Each listing shows the shipping service the seller will use. Sellers must ship with that service or one that is equally fast or faster, at no additional cost to the buyer. Postage must be valid for the package's size and weight and appropriate for the item category, and sellers must follow the rules of the carrier and service they choose:
  • USPS Media Mail may only be used for qualifying recorded physical video/audio media (movies, TV box sets, Blu-rays, DVDs, 4K UHDs).
  • USPS Media Mail is strictly prohibited for video games, gaming consoles, handheld systems, PC hardware, or non-qualifying goods pursuant to Postal Service regulations.
• Shippo Integration & Shipping Estimates: If you purchase USPS, UPS, or FedEx shipping labels through DiscandDeck's integrated Shippo flow, labels are billed directly by Shippo according to Shippo's Terms of Service. Shipping cost estimates shown when you create a listing are for guidance only; the actual label price is set at purchase based on the buyer's address and the carrier's rates, and you are responsible for it.
• Seller Responsibility: The seller remains responsible for the package until the shipping carrier provides a confirmed delivery scan, and for complying with all applicable federal, state, and local laws governing their sales.

5. Platform Fees & Seller Tiers

• Seller Platform Fee: DiscandDeck charges sellers a standard platform fee of 6% of the item sale price, calculated and deducted at the time the order is paid.
• Seller Level Fee Discounts: Active sellers unlock reduced platform fees based on sales volume and track record:
  • Rookie / Verified Seller: 6.00% fee
  • Pro Seller: 5.75% fee
  • Power Seller: 5.50% fee
  • VIP Rockstar: 5.00% fee (or custom partner rate)
  • Seller levels are unlocked automatically based on completed order count, sales volume, feedback ratings, account age, and trust score (see below). Once unlocked, a seller level and its fee rate are retained permanently and do not decrease automatically; DiscandDeck may adjust or remove a level only in connection with an account action under Section 12 (for example fraud or a policy violation). The fee rate applied is the seller’s effective rate at the exact time the order is paid by the buyer.
• Trust Score: DiscandDeck calculates a trust score from 0 to 100 for each seller from objective marketplace data: completed dispute-free sales, PayPal disputes and chargebacks, refund rate, verified account details (email, PayPal, Shippo), months with selling activity, shipping speed (business days from payment to the carrier's first scan, excluding Sundays and federal holidays), listings removed after user reports or copyright notices in the last 12 months, and seller updates (profile announcements) removed by DiscandDeck after user reports in the last 12 months. Reports alone never lower a trust score; only content DiscandDeck removes after review counts. The formula is published on the Seller Levels page. Trust scores are used for seller levels and payout timing and are not a credit or consumer report.
• Payout Timing: To protect buyers, payments to sellers below VIP level may be held by PayPal and released when the release condition for the seller's level is met: Rookie — after a confirmed carrier delivery scan, when the buyer marks the order complete or 48 hours after that scan; Verified — on a confirmed carrier delivery scan; Pro — on the carrier's first scan; Power — when a shipping label is purchased or tracking is added; VIP — at the time of payment. For Rookie and Verified sellers, a confirmed carrier delivery scan is required before any payout, regardless of the item price; a buyer marking an order complete does not replace it. Payments with an open PayPal dispute remain on hold until the dispute is resolved. PayPal releases any payment still held 28 days after capture. Holds do not change the fees charged.
• Payout Probation: If a seller receives a PayPal dispute or chargeback, or the seller's trust score falls by 15 or more points within 30 days, the seller is placed on payout probation and Rookie payout timing applies to new sales until the dispute is resolved or the seller completes three (3) dispute-free sales, whichever happens first. Probation does not affect the seller's level, badge, fee rate, or ability to list.
• Buyer Fees: DiscandDeck charges buyers 0% platform fees. Buyers pay only the listed item price, applicable sales tax, and shipping.
• PayPal Payment Processing Fees: PayPal assesses its own standard merchant payment processing fee on each payment transaction. This fee is charged directly by PayPal out of the total buyer payment before funds reach the seller's PayPal balance.
• Platform Fees Are Non-Refundable: Platform service fees are fully earned upon successful transaction authorization and are non-refundable in the event of buyer-seller returns, cancellations, or disputes. This applies to the seller platform fee described above even if the seller later refunds the buyer in full or in part, the order is cancelled after payment, or a PayPal dispute or chargeback is resolved in the buyer's favor. Sales tax collected on an order is not a platform service fee; it is refunded to the buyer along with any refunded purchase price. PayPal's payment processing fees are governed by PayPal's own policies.

6. Taxes & Marketplace Facilitator Laws

• Marketplace Facilitator Sales Tax: Pursuant to state Marketplace Facilitator laws, DiscandDeck automatically calculates, collects, and remits applicable state and local sales taxes on sales made through the marketplace.
• Non-Income Disclosure: Sales tax collected from buyers is remitted directly to state tax authorities and does not represent seller income or platform fee revenue for DiscandDeck.
• Income Reporting: Sellers are independently responsible for reporting their gross income and paying applicable federal and state income or self-employment taxes.

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

1. Merchant of Record Status: Sellers on DiscandDeck operate as the sole Merchants of Record (MoR) for their respective listings and for the transactions facilitated through our platform. Each sale is made by the seller to the buyer and is processed through the seller's own connected PayPal account. DiscandDeck facilitates the transaction and collects its platform fee (Section 5) and, as a marketplace facilitator, applicable sales tax (Section 6); neither makes DiscandDeck the seller or Merchant of Record.
2. Indemnification: Sellers are sole Merchants of Record for their listings and agree to fully indemnify DiscandDeck against any credit card disputes, chargebacks, processor clawbacks, or negative balance liabilities arising from their sales. If any such amount, or a related dispute fee, is charged to or recovered from DiscandDeck, the seller agrees to reimburse DiscandDeck for it on request.
3. Chargebacks & Disputes: Sellers acknowledge that any buyer disputes, payment reversals, or credit card chargebacks are processed against the seller's connected payment processor account (e.g., PayPal), and DiscandDeck assumes no direct financial liability for uncollectible seller negative balances or dispute fees. Disputes and chargebacks also affect a seller's trust score and payout timing as described in Section 5, and DiscandDeck's platform fee is not refunded when a dispute or chargeback is decided in the buyer's favor (Section 5).

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:

• Counterfeit goods, bootlegs, unauthorized copies, pirated movies, burned media discs, or reproduction cartridges represented as originals.
• Video game consoles, handheld systems, memory cards, or hard drives pre-loaded with pirated games, ROMs, or unauthorized software.
• Stolen property, items you do not physically own, or items illegal to possess or transfer.
• Standalone digital download codes, redeemable account credentials, or software licenses. DiscandDeck is exclusively for physical media and hardware.
• Non-working, defective, or "for parts / not working" items of any kind. All listed items must be in fully functional, working condition.

9. User Conduct & Messaging Rules

• Do not share personal phone numbers, email addresses, external links, or payment handles in public Q&A sections or private order messaging.
• Do not post misleading, false, or deceptive content, fake reviews, or non-genuine feedback ratings.
• Do not harass, abuse, threaten, or discriminate against any user or staff member.
• Do not scrape, overload, probe, bypass rate limits, or disrupt the operation, security, or fee structures of DiscandDeck.

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

• "As-Is" Service: DiscandDeck is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted, error-free, or completely secure.
• Limitation of Liability: To the fullest extent permitted by law, Disc and Deck LLC, its officers, directors, members, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of your use of the platform. Our total cumulative liability for any claim shall not exceed the greater of (a) the total platform fees you paid to DiscandDeck in the 12 months preceding the claim, or (b) $100.00 USD.

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:

• Email: [email protected]
• Legal: [email protected]
• Mailing address: Disc and Deck LLC, PO Box 115, Sioux Falls, SD 57101