We updated these Terms to clarify certain marketplace policies, account responsibilities, transaction handling, and dispute procedures.
Version 1.3.0 • Effective Aug 4 2026
These Terms of Service ("Terms") govern your access and use of Misprint's website, mobile app, and services (collectively, "Misprint," "we," "us," or "our"). By accessing or using Misprint, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you may not use Misprint.
Misprint operates as an online marketplace platform facilitating transactions of Pokémon and other trading cards between users (the "Service").
For most transactions on the Service ("User-to-User Transactions"), Misprint facilitates payments and logistics between buyers and sellers but is not itself the buyer or seller and is not a party to the actual sale agreement between users. Except where Misprint is explicitly identified as the buyer or seller in a given transaction, Misprint is not a party to the sale. In those User-to-User Transactions, Misprint is not the buyer or seller of items listed by users and disclaims all liability arising from such transactions. Users are solely responsible for their listings, descriptions, pricing, fulfillment, and compliance with applicable laws.
From time to time, Misprint may also buy or sell items directly (for example, when you purchase an item from a Misprint-operated account or sell cards to Misprint through a buylist or other clearly labeled program) (collectively, "Misprint Transactions"). In those cases, Misprint will be expressly identified as the buyer or seller in the listing or flow, and Misprint will be a party to the transaction, subject to any additional or different terms disclosed at the time of the Misprint Transaction.
You must be at least 18 years old to create an account and use Misprint. By creating an account, you represent and warrant that you meet this requirement.
You agree to:
Misprint reserves the right to suspend or terminate accounts at its discretion, including for violations of these Terms or other policies.
One Account Per Person. Unless Misprint expressly agrees in writing, you may maintain only one Misprint account. You may not create, operate, purchase, borrow, or use an account belonging to or controlled by another person, and you may not permit another person to use your account.
Related Accounts. "Related Account" means an account that Misprint reasonably determines is owned, operated, controlled, funded, directed, or used by the same person, business, beneficial owner, household, agent, employee, contractor, or coordinated group as another account. In making that determination Misprint may consider identity and tax information, beneficial ownership, payout and payment methods, phone numbers, email addresses, physical addresses, devices, network information, login patterns, listings, photographs, inventory, shipping and return addresses, communications, transaction patterns, transfers of funds or property, and any other relevant evidence. A shared address or household relationship alone will not necessarily establish common control.
Revocation of Access. If your account is suspended or terminated, your authorization to access the Service is revoked as of that time. Any subsequent access to the Service by you, including through a new account or a Related Account, is unauthorized.
Misprint is designed to support a safe and fair marketplace. When you use Misprint as a buyer, you agree to:
Misprint may, but is not obligated to, assist in disputes between users. We encourage buyers and sellers to communicate directly in good faith to resolve issues. If a dispute cannot be resolved, users may need to seek resolution through appropriate legal channels, subject to the arbitration provisions in these Terms.
Returns, Refunds, and Returnless Resolutions. Misprint determines, in its sole discretion, whether a return is required in connection with any claim, refund, replacement, or credit, and where an item must be sent, which may be to Misprint, to the seller, to an authenticator or other service provider, or nowhere. Misprint may resolve a claim without requiring any return, including where the cost or burden of return is disproportionate to the value of the item, where a return would create a safety or authenticity concern, or where Misprint elects to retain or preserve the item. Resolution without return is a discretionary accommodation and is not a right, is not guaranteed, and does not establish any practice or entitlement for future claims.
Where Misprint requires a return as a condition of a refund, replacement, or credit, you must ship the item in the condition in which you received it, with all original packaging, inserts, and documentation, using the label, carrier, and instructions Misprint provides, within the time stated in the request. If you do not, Misprint may deny the refund, replacement, or credit, reverse any refund or credit already issued, debit the corresponding amount from your Misprint account balance, store credit, or payment method, or take other action permitted under these Terms.
Items You Are Permitted to Keep. If Misprint informs you that you may keep an item in connection with a refund or credit, you receive that item as-is, with no representation or warranty of any kind from Misprint or the seller. You may not resell, trade, or transfer any item that you have been informed is or may be counterfeit, altered, or unlawful, and Misprint may instead direct that such an item be surrendered to Misprint, destroyed, or disposed of.
Buyer Conduct and Abuse. You may not submit a claim you know to be false or exaggerated, misrepresent the condition of an item you received, fail to disclose that you received an item, alter or damage an item and attribute it to the seller, retain an item you were required to return, coordinate with another person to submit claims, or use claims, chargebacks, or returns as a means of obtaining items or credits you did not pay for. Misprint may review claim, return, refund, and chargeback patterns across your account and any Related Account. If Misprint reasonably determines that you have engaged in claim abuse, Misprint may deny or reverse refunds and credits, revoke store credit and promotional credit, decline to offer returnless resolutions, restrict or remove buyer protections, limit your account, and suspend or terminate your account and any Related Account.
Sellers must accurately describe items, promptly fulfill orders, avoid fraudulent listings, counterfeit cards, price manipulation, or "shill" bidding. Violations may result in suspension or permanent account termination. For more, see our Seller Guide and any posted Seller Policy.
If you list items for sale on Misprint, you agree to the following additional terms:
Ownership and Rights: You may only list items you legally own and have the right to sell. You must ensure that listing and selling the item does not violate any law, contract, or third-party right.
Shipping Timeliness: Sellers must ship all confirmed orders within 2 business days of order confirmation and must package items securely to minimize the risk of damage in transit.
Payment Authorization and Seller Debits: By selling on Misprint, you authorize Misprint (and our payment processors) to debit your connected payment method (including bank accounts, debit cards, credit cards, or other payment accounts) or withhold funds from current or future payouts for any amounts owed to Misprint, including but not limited to:
You expressly authorize Misprint to initiate debit transactions from your connected payment accounts for up to the full value of any order (plus associated fees, shipping costs, and penalties) in cases where a refund is issued due to your actions or inactions as a seller. This authorization remains in effect for all transactions and applies even after an order is completed, and continues until you close your seller account and resolve all outstanding obligations. If funds cannot be collected through withholding or your connected accounts have insufficient funds, you remain liable for any amounts owed and agree to pay Misprint promptly upon demand.
Fraud and Abuse Prevention: Misprint takes fraud, abuse, and policy violations seriously. If we determine (in our sole discretion) that you have engaged in fraudulent activity, attempted fraud, abuse of the platform, sale of counterfeit items, intentional misrepresentation, manipulation of the marketplace, or other serious violations of these Terms, you authorize Misprint to:
These remedies are cumulative and in addition to any other rights or remedies available to Misprint under these Terms, applicable law, or equity.
Misprint will not recover the same loss more than once. If a court or arbitrator determines that any fee exceeds the maximum amount enforceable under applicable law, that fee will be reduced to the maximum enforceable amount rather than invalidating the remainder of these Terms.
This policy is not intended as punishment. At Misprint, we strive to keep fees low for everyone. When orders are refunded due to non-shipment, misrepresentation, or other issues, it creates real costs for us and undermines trust for buyers. These measures help ensure reliability and fairness across the platform.
Item Accuracy: You are responsible for ensuring the accuracy of your listings, including the card's title, condition, edition, and images.
Exact Fulfillment: You must deliver the exact item sold, in the exact condition, quantity, grade, edition, language, variation, and configuration represented in your listing. You are responsible for reviewing all listing data, photographs, certification information, condition information, and order information before completing a sale. A scanner, catalog, pricing, image-recognition, import, or suggested-listing tool provided by Misprint does not relieve you of responsibility for the accuracy of your listing or of the item you actually ship.
Shipment Integrity: You must use the buyer information, label, carrier, and shipping instructions provided or approved by Misprint. You may not alter, substitute, obscure, or falsify a buyer's name, address, or delivery information; ship to an address other than the address supplied or approved by Misprint; upload tracking associated with a different package, order, person, or address; reuse, fabricate, or misrepresent tracking or proof-of-delivery information; send an empty, incomplete, substitute, or nominal-value package in order to generate shipment or delivery confirmation; arrange for another person to receive, redirect, or photograph a shipment in order to misrepresent fulfillment; falsely represent that an item was shipped, delivered, returned, or received; or interfere with a carrier's investigation. Tracking is valid proof of fulfillment only where Misprint reasonably determines that the tracking corresponds to the correct order and reflects shipment and delivery in compliance with Misprint's instructions.
Proof of Fulfillment and Dispute Eligibility: If you ship an order without tracking or delivery confirmation, or do not follow the shipping instructions, packaging requirements, or carrier requirements Misprint specifies, you will not prevail in a dispute in which the buyer reports that the item did not arrive, arrived damaged, or did not match the order, and you are not eligible for seller protections with respect to that order. Misprint may resolve such a dispute in the buyer's favor without further investigation.
Self-Dealing and Wash Trading: You may not purchase, bid on, make an offer on, or review your own listings through another account, and you may not arrange for another person to transact with you in order to create sales history, increase your seller level or limits, generate payouts, manufacture reviews or ratings, influence prices or comparable sales, unlock promotional benefits, test or bypass account restrictions, move funds between accounts, or conceal ownership or control. Misprint may void, cancel, reverse, or disregard any such transaction. No payout, credit, seller level, promotional benefit, review, or transaction history is earned through a voided transaction, and you remain responsible for the fees, processing costs, refunds, chargebacks, and other amounts arising from it.
Authenticity: You must not list or sell counterfeit cards, unlicensed products, "proxy" cards, or any other unauthorized or infringing items.
Returns and Non-Return: Whether a return is required, and where an item must be sent, is determined by Misprint in its sole discretion. You have no right to require, request as a condition, or demand the return of any item, and no right to condition a refund, your cooperation, or any other obligation on the return of an item. Misprint has no obligation to return to you any item that Misprint reasonably determines is not the item sold, is not in the condition represented, is counterfeit, altered, stolen, unlawful, or otherwise nonconforming, and Misprint may retain, preserve, submit for authentication, direct the buyer to retain, destroy, dispose of, or otherwise handle such an item. If a return or refund occurs because of your act or omission, including misrepresented condition, incorrect item, non-shipment, or another violation, you are responsible for the cost of return shipping and your payouts and account balance may be adjusted or reversed. Misprint's determination regarding a return, refund, or disposition is final for purposes of your use of the Service and creates no obligation to return an item or to pay its value. Additional terms are in our Return Policy and Seller Policy.
Responsiveness: Sellers must respond promptly to buyer messages or requests related to fulfillment, condition issues, or other transaction-related questions.
Disputes and Seller Liability: Misprint may intervene in the event of a dispute and reserves the right to refund buyers and charge or withhold funds from the seller if a dispute arises from non-shipment, item misrepresentation, counterfeit items, or other violations of these Terms or our policies. In such cases, Misprint may debit your connected payment accounts for the full refund amount plus any associated fees, regardless of your current payout balance. You agree not to knowingly initiate a false, misleading, or fraudulent dispute with a bank, card issuer, payment network, or payment processor concerning a debit or recovery validly authorized under these Terms. Nothing in these Terms waives any right you have under applicable law or payment network rules that cannot be waived.
Seller Policy: Sellers must also comply with any posted Seller Policy, which may include additional requirements regarding card ownership, shipping commitments, fee structure, and complete legal terms governing seller accounts.
Seller Balance and Setoff: Misprint maintains a single running balance for your seller account. Amounts you owe to Misprint are posted to that balance, and payouts are made net of it. Misprint is not required to match a particular refund, fee, cost, or loss against the payout from the same order. If your balance is negative, Misprint may reduce or withhold current and future payouts until it clears. Misprint may deduct or set off amounts you owe from the payout on the affected order, any other current or future payout, any account balance or promotional balance, the proceeds of any other transaction, any refund or credit otherwise payable to you, the proceeds of any item Misprint holds, and any Related Account owned or controlled by the same person or business, and may offset amounts payable on one Related Account against amounts owed through another. Accordingly, if you fail to fulfill one or more orders correctly but correctly fulfill others, Misprint may apply the payouts or proceeds from the correctly fulfilled orders against the refunds, buyer credits, shipping costs, fees, and other amounts arising from the orders you did not fulfill correctly. Misprint may determine the order in which credits and offsets are applied.
Order of Recovery: Misprint will generally recover amounts you owe in the following order: (i) deduction from payouts that have not yet been disbursed; (ii) deduction from your account balance or promotional balance; (iii) charge or debit to your connected payment method under a valid authorization; (iv) offset against amounts payable on any Related Account; and (v) any other lawful means, including referral to a collection agency where permitted by applicable law. Misprint may also net against funds pending settlement any amounts that are due, or that Misprint reasonably determines are likely to become due, including anticipated refunds, claims, chargebacks, and returns.
Payout Floor: Misprint will not apply a fee from the Seller Fee Schedule in a way that reduces a single payout below $20. Refunds, chargebacks, shipping costs, and other amounts you owe may reduce a payout to zero.
Account-Level Determinations: Where Misprint reasonably determines that you have engaged in a pattern of nonconforming fulfillment, shipment manipulation, self-dealing, wash trading, account evasion, or fraud, Misprint may make that determination at the account level and apply it to all open, pending, and unsettled transactions on your account and on any Related Account, without separately adjudicating each order. Misprint will notify you of the determination and identify the evidence it requires. You may rebut the determination as to a specific order by providing that evidence within ten (10) days after the notice. If you do not provide it within that period, the account-level determination applies to that order.
No Entitlement to Payout Before Settlement: A completed sale, a delivery scan, an order status, or a displayed account balance does not create an unconditional right to a payout. You become entitled only to the net amount remaining after the transaction is validly completed, applicable delivery and claim periods have passed, fraud, condition, shipping, payment, and authenticity concerns have been resolved, applicable fees and adjustments have been applied, and amounts you owe have been satisfied. No payout is owed on a transaction that Misprint reasonably determines was not a legitimate arm's-length sale, including a self-dealing or wash transaction, a fabricated transaction, a counterfeit transaction, an empty-package or substituted-item transaction, a transaction supported by manipulated tracking, or a transaction conducted through an account not authorized to sell on Misprint.
Account Statements and Objections: Your transaction history and account balance in the Misprint app constitute Misprint's accounting to you, and Misprint is not required to provide a separate itemized narrative for individual adjustments. If you believe a specific entry is incorrect, you must identify it to Misprint within thirty (30) days after it appears. After that period Misprint may rely on the balance for platform and recordkeeping purposes. This does not waive any right you have under applicable law that cannot be waived.
Discretionary Waiver: Misprint may waive, write off, reduce, or decline to pursue any amount you owe, in any case and for any reason, without affecting its right to recover any other amount or to enforce any provision of these Terms in the future.
Failure to follow these Seller Responsibilities may result in account suspension or termination, adjustments to payouts or fees, and other enforcement actions.
Users retain ownership of their content (including photos, videos, descriptions, usernames, and other materials) but grant Misprint a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such content in connection with operating, marketing, and improving the Service.
By submitting content, you represent and warrant that you have all necessary rights to that content and that it does not infringe or violate any third-party rights or laws.
Misprint reserves the right to monitor, moderate, and remove content or activity that violates these Terms or any applicable laws, including:
You agree not to use the Service to:
Misprint's marketplace depends on people being able to do their jobs and complete transactions without fear. This section applies to every communication and interaction relating to Misprint, whether it occurs through the Service, by email, by phone, on social media, or in person.
Prohibited conduct. You may not, in any communication or conduct relating to Misprint:
Misprint's response. If Misprint reasonably determines that you have engaged in conduct prohibited by this section, Misprint may, in any combination and without prior notice:
What this section does not restrict. Honest reviews and ratings, good-faith complaints and criticism of Misprint or of another user, statements that you intend to consult an attorney or to pursue legal remedies, and reports to law enforcement, a regulator, or another government authority are not prohibited by this section, and Misprint will not take enforcement action against you for making them, even if they are negative or strongly worded.
Relationship to funds and property. Conduct prohibited by this section does not itself cause the forfeiture of amounts otherwise properly owed to you for orders you fulfilled correctly. Misprint may separately hold, apply, or offset funds and items under Section 5, Section 9, the Seller Policy, and the Return Policy, and may treat conduct prohibited by this section as evidence in determining whether a transaction was legitimate.
If your account is limited, paused, suspended, or terminated, is under investigation, is subject to a reserve, or carries an unpaid balance, you may not:
Stating an intention to do any of the foregoing is itself a violation of these Terms.
Account evasion is an independent and material breach of these Terms, and Misprint may treat it as evidence that related conduct was willful rather than the result of error.
If Misprint reasonably determines that account evasion has occurred or been attempted, Misprint may:
A person who intentionally engages in account evasion, self-dealing or wash trading, fraudulent shipment activity, or the sale of counterfeit items is permanently ineligible to use Misprint as a buyer or seller unless Misprint expressly reinstates that person in writing, and is permanently ineligible for discretionary benefits, courtesy credits, promotional benefits, fee concessions, seller level benefits, and discretionary appeal or reinstatement rights.
All Pokémon trademarks and imagery belong to Nintendo, Game Freak, Creatures, and related entities. Other referenced brands and trademarks belong to their respective owners. Misprint operates under applicable intellectual property and fair use principles, but does not claim ownership of such third-party intellectual property.
The Service and its original content, features, and functionality (excluding user content) are owned by Misprint and are protected by copyright, trademark, and other laws.
To submit DMCA takedown requests pursuant to the Digital Millennium Copyright Act:
Please include all information required under 17 U.S.C. §512(c)(3). Misprint reserves the right to ignore incomplete or improperly formatted takedown notices. Repeat infringers may have their accounts terminated.
Payments on Misprint are processed by third-party payment processors such as Stripe and are subject to their terms, including Stripe's Connected Account Agreement. Users agree to those terms when using Misprint for transactions. Misprint does not store full payment card details.
Misprint may charge fees for transactions and other services, including but not limited to transaction fees on completed sales, payment processing fees, and shipping fees (which may be calculated based on item characteristics and destination). All applicable fees are disclosed or made available to you prior to completing a transaction, and fees are subject to change with reasonable notice.
Users are responsible for applicable taxes on transactions unless Misprint collects and remits taxes under marketplace facilitator or similar laws. All Misprint fees are generally non-refundable, except as required by law or expressly stated otherwise in our policies.
Seller Payment Terms and Account Debits: When you connect a payment method to your seller account (including bank accounts, debit cards, or credit cards), you authorize Misprint and our payment processors to:
Held funds do not earn interest or other compensation except where required by law. Any authorization you give Misprint to debit a bank account by ACH is separate from these Terms and is governed by the debit authorization you provide when you connect that account and by applicable payment network rules. Misprint will only report an unpaid balance to a credit bureau or refer it to a collection agency where permitted by applicable law.
You are responsible for maintaining adequate funds in connected accounts to satisfy any debits authorized under these Terms. Failed debit attempts may result in additional fees, collection actions, account suspension, and reporting to credit bureaus or collection agencies. Closing your payment account or removing payment methods does not relieve you of payment obligations incurred while selling on Misprint.
Fees on Refunded Orders: Where an order is fully refunded, Misprint will refund its commission on that order. Where an order is partially refunded, Misprint will refund its commission in proportion to the refunded amount. Payment processing fees and shipping fees already incurred are not refundable, except that Misprint may waive them as a courtesy where a matter is resolved as a first occurrence under Tier 1 of the Seller Fee Schedule.
Misprint offers an optional paid membership program called "Misprint Subscription" (the "Subscription"). The Subscription provides additional benefits to members, which may include enhanced Misprint Credit earning rates, loyalty rewards, free shipping on eligible Misprint official account orders, access to member-only sales, and priority support, as described on the Subscription page and in our Subscription FAQ (collectively, the "Subscription Materials").
The specific benefits, pricing, and eligibility requirements for the Subscription are described in the Subscription Materials at the time you enroll. If there is a conflict between the Subscription Materials and these Terms, these Terms will control.
By enrolling in the Subscription, you authorize Misprint (and our payment processors) to charge you the then-current Subscription fee for the plan you select (for example, monthly or annual) on a recurring basis until you cancel. The Subscription fee amount, billing interval, and any introductory or promotional pricing will be disclosed to you at or before checkout.
From time to time, Misprint may offer a free trial period for the Subscription. If you sign up for a free trial, you will not be charged the Subscription fee until the end of the stated trial period, provided that you remain eligible for the trial. Unless otherwise specified, free trials are limited to one per user (and we may limit trials by household, payment method, or device, in our discretion). If you do not cancel before the end of the trial period, you authorize Misprint to charge your selected payment method for the applicable Subscription fee (for the monthly or annual plan you chose), and your Subscription will automatically renew on a recurring basis thereafter.
You may cancel your Subscription at any time from your account settings or by contacting us. If you cancel during a free trial, you will not be charged. If you cancel after you have been charged for a billing period, your Subscription will remain active through the end of that billing period and will not renew, but you will not receive a refund or credit for any partial period, except where required by applicable law.
Misprint Credit earned through the Subscription (including event bonuses and loyalty rewards) is promotional store credit that is non-transferable, non-cash, and may be used only on eligible purchases on Misprint. Misprint Credit is not legal tender, has no cash value, and is not redeemable for cash or withdrawal, except where required by law. Misprint Credit is typically issued after the applicable return window or promotion period closes, and your balance may be adjusted in the event of returns, cancellations, chargebacks, or suspected abuse.
Loyalty bonus Misprint Credit is earned only on eligible orders that meet the required minimum order value (for example, orders of at least $35) from participating sellers and is subject to a monthly earning cap (for example, only on the first $10,000 of eligible spend per calendar month). Current thresholds and caps are described in the Subscription Materials. Misprint may change eligible order types, minimum order amounts, earning percentages, or caps on a prospective basis.
Certain items, categories, heavily discounted products, or promotional offers may be excluded from earning Misprint Credit or from Subscription benefits (including free shipping), as described in the relevant promotion terms or at checkout. Free shipping benefits, where offered, typically apply only to eligible orders from Misprint's own official account (sometimes referred to as "Misprint Direct" or "Misprint official account") that meet the stated order minimum and are shipped to eligible regions; orders fulfilled by third-party sellers are generally not eligible for Subscription free shipping.
Misprint may add, modify, or remove Subscription features or benefits, or change Subscription pricing, on a prospective basis, including between billing periods. If we make material changes that negatively affect your Subscription or change the Subscription price, we will provide notice in accordance with these Terms, and changes will apply beginning with your next billing period. If you do not agree to the updated terms, you must cancel your Subscription before the changes take effect.
Misprint reserves the right to refuse, suspend, or terminate your Subscription (and to revoke or adjust Misprint Credit) if we reasonably believe you have violated these Terms, engaged in fraud, misuse, or abuse of the Subscription or promotions, or otherwise acted in a manner that harms Misprint, other users, or the integrity of the Subscription program.
Misprint grants users a limited, revocable, non-transferable, non-sublicensable license to download and use its mobile apps on devices that you own or control, solely for your personal, non-commercial use (unless otherwise agreed in writing).
Users acknowledge that Apple Inc. and Google LLC are not responsible for Misprint's services and have no obligation to provide maintenance or support for the Misprint app. You agree to comply with all applicable app store terms, as well as any export and sanctions regulations that may apply to your use of the app.
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use the Service. By using Misprint, you agree to the collection and use of information in accordance with our Privacy Policy.
For more information, please review our Privacy Policy, available at /privacy-policy.
Misprint may issue warnings, temporary suspensions, permanent bans, listing restrictions, fee adjustments, or other enforcement actions depending on violation severity and history.
While Misprint may assist with disputes between users (for example, regarding condition, authenticity, or shipping issues), we are not obligated to resolve every dispute and are not a party to the underlying sale contract between buyer and seller. Our decisions regarding platform enforcement, refunds, or payouts are final for purposes of your use of the Service.
Users may appeal enforcement actions by contacting us through the designated support channel. Misprint will consider one appeal per enforcement action and is not obligated to consider repeated or duplicative appeals. Misprint may decline to offer an appeal, and may decline further correspondence on a closed matter, where the enforcement action was based on intentional fraud, counterfeiting, sale of stolen property, shipment manipulation, self-dealing or wash trading, account evasion, threats or serious harassment, or the destruction or fabrication of evidence.
Your sole recourse regarding a return, refund, disposition, payout, hold, or enforcement determination is the appeal process described in this Section and, if the matter remains unresolved, the dispute resolution provisions in Section 14. Repeated demands, threats, contacting personnel outside designated channels, or attempts to obtain an item or a payment outside those processes will not change a determination and are themselves violations of these Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS BETWEEN YOU AND MISPRINT ARE RESOLVED.
Scope. You and Misprint each agree that any and all claims or disputes at law or in equity that have arisen or may arise between you and Misprint, or between you and Misprint's affiliates, officers, directors, employees, or agents, that relate in any way to these Terms or any prior version of them, your use of or access to the Service, the actions of Misprint or its agents, or any item or service listed, offered, sold, or purchased through the Service, including the scope or applicability of this Section 14 (each, a "Dispute"), will be resolved as set out in this Section 14.
Exceptions. The exceptions to arbitration are: (i) you or Misprint may seek relief in small claims court if the claim qualifies and remains in small claims court; and (ii) you or Misprint may seek relief in court for infringement or misuse of intellectual property rights. If a party begins an arbitration asserting a claim within the jurisdiction of a small claims court, the other party may require that the demand be withdrawn and the claim be filed in small claims court instead.
Informal Resolution. Before beginning an arbitration or filing in small claims court, you and Misprint agree to participate in good faith in informal efforts to resolve the Dispute. To begin, you must send Misprint a written Notice of Dispute that includes your name, the email address and username associated with your account, a description of the claims you are asserting, and the specific relief you are seeking. Misprint will send any Notice of Dispute to the email address associated with your account, and it is your responsibility to keep that address current. The informal resolution period lasts forty-five (45) days from receipt of the Notice and is a mandatory precondition to beginning arbitration. Applicable statutes of limitation and filing deadlines are tolled while the parties engage in informal resolution.
Waiver of Jury Trial. YOU AND MISPRINT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY, except as expressly provided above.
Arbitration. If a Dispute is not resolved within forty-five (45) days after receipt of a Notice of Dispute, either party may resolve it through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its applicable consumer rules, as modified by this Section 14. A party beginning arbitration must serve a demand that states the legal claims asserted and the factual basis for them, describes the relief sought with a good-faith calculation of the amount in controversy, certifies completion of the informal resolution process, and is signed by the party and by counsel if the party is represented. Arbitration will take place in the county where you reside or, if that is not applicable, in Wilmington, Delaware, unless the parties agree otherwise or applicable law requires otherwise. The arbitrator will apply these Terms as a court would and will decide all claims in accordance with applicable law.
Waiver of Class and Representative Actions. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Only individual relief is available, and the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Nothing in this paragraph affects the Batch Arbitration provisions below. If a final decision determines that this paragraph is unenforceable as to a particular claim or request for relief, that claim or request for relief, and only that one, will be severed and may be brought in court, and all other Disputes will be arbitrated.
Batch Arbitration. If twenty-five (25) or more individual arbitration demands of a substantially similar nature are filed against Misprint by or with the assistance of the same law firm, group of law firms, or organization within a period of ninety (90) days, the parties agree that the administrator will (i) administer the demands in batches of up to one hundred (100) demands per batch, (ii) appoint one arbitrator for each batch, and (iii) resolve each batch on a consolidated basis, with one set of filing and administrative fees per batch, one procedural calendar, one hearing if any, and one final award providing whatever relief the arbitrator determines each individual party is entitled to. Demands are of a substantially similar nature if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues, and seek the same or similar relief. If the parties disagree about whether the batch process applies, the administrator will appoint a procedural arbitrator to decide that question, and Misprint will pay that arbitrator's fees. This provision does not authorize a class, collective, or representative arbitration.
Fees and Costs. Payment of filing, administrative, and arbitrator fees is governed by the applicable AAA fee schedules, except that if you complied with the informal resolution requirement and the value of the relief you seek is $10,000 or less, Misprint will pay all filing, administrative, and arbitrator fees at your request. Each party will bear its own attorneys' fees and costs unless the arbitrator finds that the substance of the Dispute or the relief sought was frivolous or brought for an improper purpose, in which case the arbitrator may order the party that began the arbitration to reimburse the responding party for arbitration costs and arbitrator fees. At least fourteen (14) days before a scheduled hearing, either party may serve a written offer to allow an award on specified terms. If the offer is not accepted and the other party fails to obtain a more favorable award, that party may not recover post-offer costs and will pay the offering party's costs incurred from the time of the offer.
Opt-Out. You may opt out of this agreement to arbitrate by sending Misprint a written opt-out notice, signed by you, postmarked no later than thirty (30) days after the date you first accept these Terms, addressed to Misprint, Inc., Attn: Legal Department, Re: Opt-Out Notice, 169 Madison Ave STE 15668, New York, NY 10016. An opt-out notice is effective only if you send it yourself on an individual basis. Opting out has no effect on any prior arbitration agreement between you and Misprint. If you opt out, the remainder of these Terms, including the class action waiver and the venue provisions in Section 20, continue to apply.
Severability. Except as to the Waiver of Class and Representative Actions paragraph, if any part of this Section 14 other than the Batch Arbitration paragraph is found unenforceable, that part will be severed and the remainder of this Section 14 will continue in effect. If the Batch Arbitration paragraph is found unenforceable, this entire Section 14 will be void and all Disputes will be heard in the courts identified in Section 20.
Future Amendments. If Misprint amends this Section 14, the amendment will not apply to any claim already filed in arbitration, in court, or in small claims court before the effective date of the amendment. Misprint will provide notice of material amendments to this Section 14 at least thirty (30) days in advance.
You agree to indemnify, defend, and hold harmless Misprint, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
Misprint will not be liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of or inability to use the Service, even if we have been advised of the possibility of such damages.
To the maximum extent permitted by law, Misprint's total liability for any claims arising out of or relating to the Service or these Terms is limited to the amount of fees you paid to Misprint within the six (6) months immediately preceding the event giving rise to the claim.
Misprint provides its services on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Misprint does not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that any content or information obtained through the Service will be accurate or reliable.
Misprint reserves the right to cancel any bids, listings, or transactions and to suspend or terminate accounts for violations of these Terms, our policies, or for any other reason at our discretion, subject to applicable law.
Misprint may terminate your account immediately, permanently, and without an opportunity for reinstatement for intentional fraud, counterfeiting, sale of stolen property, shipment manipulation, self-dealing or wash trading, account evasion, threats or serious harassment, destruction or fabrication of evidence, or other serious or repeated violations.
Upon termination of your account, your right to access and use the Service will cease immediately. Certain provisions of these Terms that by their nature should survive termination (including but not limited to ownership, payment obligations, dispute resolution, limitations of liability, and indemnification) will continue to apply.
You may close your account at any time by following the instructions in your account settings or contacting support. Closing your account does not relieve you of obligations related to past transactions or these Terms that by their nature survive.
Termination or closure of your account does not cancel outstanding transactions or obligations, eliminate amounts you owe, require the immediate release of held funds or items, prevent Misprint from completing an investigation, prevent refunds, reversals, or chargebacks, or prevent Misprint from enforcing the provisions of these Terms that survive termination. Following termination or closure, Misprint may retain amounts and items as described in the Seller Policy, and will provide a final statement of your account when the applicable holds, claims, and investigations are resolved.
Effect on Pending Orders: If Misprint suspends or terminates your account, Misprint may cancel any order that has not yet been delivered, refund the buyer, and treat that order as never having created a payout obligation. Misprint may also cancel any open listing, bid, offer, or ask associated with your account or any Related Account. Cancellation under this paragraph is not a waiver of any amount you owe.
Misprint may update or modify these Terms from time to time. We will provide notice of material changes, such as by updating the "Last Updated" date at the top of this page, sending an email, or displaying a notice within the Service.
Unless otherwise stated, changes will become effective when posted. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.
These Terms are governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law principles.
Subject to the arbitration provisions above, any non-arbitration claims or proceedings shall be brought exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to the personal jurisdiction and venue of those courts.
Misprint may deliver notices regarding your account, including notices about holds, reserves, investigations, enforcement actions, items in Misprint's possession, amounts owed, account statements, and changes to these Terms, to the email address associated with your account, through the Service, or by any other method permitted by applicable law. You must keep your contact information accurate and current. A notice is not ineffective solely because you did not review your account, disabled notifications, abandoned the email address, or refused delivery, provided that Misprint sent the notice using your then-current account information and otherwise complied with applicable law.
For questions or concerns regarding these Terms, please contact us.
By using Misprint, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.
If you have any questions about these Terms of Service, please contact us.