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Terms of Service

Summary of Recent Changes

Initial Terms of Service for Misprint marketplace platform

Version 1.0.0•Effective June 27, 2025

Misprint, Inc. Terms of Service

Effective Date: June 27, 2025

Introduction

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 agree to comply with and be legally bound by these Terms.

1. Platform Overview and Commercial Terms

Misprint operates as a marketplace platform facilitating transactions of Pokémon trading cards between users. Misprint is not a party to transactions between buyers and sellers and disclaims all liability arising from such transactions. Users are solely responsible for their listings, descriptions, pricing, fulfillment, and compliance with applicable laws.

2. User Accounts and Eligibility

You must be at least 18 years old to create an account. You agree to provide accurate account information and to maintain its security. Misprint reserves the right to suspend or terminate accounts at its discretion.

3. Seller Code of Conduct

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.

4. Seller Responsibilities and Penalties

If you list items for sale on Misprint, you agree to the following additional terms:

Shipping Timeliness: Sellers must ship all confirmed orders within 2 business days of order confirmation.

Non-Compliance Fees: Sellers who fail to ship a confirmed order on time may be charged a fee of $15 or 5% of the sale price, whichever is greater.

Additional Enforcement: Misprint may also, at its sole discretion, adjust your seller fee rate, downgrade your seller level, or suspend your ability to sell on the platform.

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, it creates real costs for us. 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.

Authenticity: You must not list or sell counterfeit cards, unlicensed products, or "proxy" cards.

Responsiveness: Sellers must respond promptly to buyer messages or requests related to fulfillment or condition issues.

Return Responsibility: If a return or refund occurs due to seller fault—such as misrepresented condition, incorrect item, or non-shipment—the seller will be responsible for the cost of return shipping. More details are available in our Return Policy.

Disputes: Misprint may intervene in the event of a dispute and reserves the right to refund buyers and charge the seller if a dispute arises from non-shipment, item misrepresentation, or other violations.

Failure to follow these Seller Responsibilities may result in account suspension or termination.

5. User-Generated Content and License

Users retain ownership of their content but grant Misprint a worldwide, non-exclusive, royalty-free, sublicensable license to use, modify, display, and distribute content uploaded to the platform.

6. Content Moderation and Prohibited Activities

Misprint reserves the right to monitor and remove content violating these Terms or any applicable laws, including:

  • Illegal, counterfeit, or infringing materials
  • Hate speech, harassment, violence promotion
  • Obscene or explicit content

7. Intellectual Property Rights and DMCA Compliance

All Pokémon trademarks and imagery belong to Nintendo, Game Freak, Creatures, and related entities. Misprint operates under fair use principles. Users must not upload infringing content.

To submit DMCA takedown requests pursuant to the Digital Millennium Copyright Act:

  • Designated Agent Name: Misprint Legal Department
  • Email: legal@misprint.com
  • Mailing Address: Misprint, Inc.
    Attn: DMCA Agent
    169 Madison Ave STE 15668
    New York, NY 10016

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.

8. Payments and Stripe Terms

Payments on Misprint are processed by Stripe and are subject to Stripe's Connected Account Agreement. Users agree to Stripe's terms upon using Misprint for transactions. Misprint does not store payment details.

9. Fees, Taxes, and Refunds

Misprint may charge fees for transactions, clearly disclosed at the time of listing. Users are responsible for applicable taxes unless Misprint collects taxes under marketplace facilitator laws. All fees are non-refundable.

10. Mobile App Terms (Apple App Store & Google Play)

Misprint grants users a revocable, non-transferable license to use its mobile app. Users agree that Apple and Google are not responsible for Misprint's services. The user affirms compliance with applicable app store terms and export regulations.

11. Enforcement and Appeals

Misprint may issue warnings, suspensions, or permanent bans depending on violation severity. Users may appeal enforcement actions by contacting support@misprint.com.

12. Dispute Resolution: Arbitration and Class Action Waiver

All disputes must first undergo informal negotiation for 30 days. Unresolved disputes will proceed to binding arbitration administered by the American Arbitration Association (AAA). Users waive the right to jury trials and class actions. Arbitration location will be determined by user's jurisdiction or Wilmington, DE.

13. Indemnification

Users agree to indemnify Misprint, its affiliates, officers, employees, and agents from claims arising from their use of Misprint, violations of these Terms, or infringement of third-party rights.

14. Limitation of Liability

Misprint will not be liable for indirect, incidental, special, consequential, or punitive damages arising from use or inability to use its services. Liability, if any, is limited to the amount of fees paid by the user to Misprint within the last six months.

15. No Warranties

Misprint provides its services "AS IS" without warranties of any kind, including accuracy of content, uninterrupted access, or merchantability.

16. Account Termination and Transaction Cancellation

Misprint reserves the right to cancel any bids, listings, or transactions and to terminate accounts for violations or at its discretion. Users may close their accounts at any time, subject to certain terms surviving termination.

17. Governing Law and Venue

These Terms are governed by the laws of Delaware, excluding conflict of law principles. Any non-arbitration claims shall be litigated exclusively in state or federal courts located in Wilmington, Delaware.

18. Miscellaneous

  • Severability: If any part of these Terms is invalid, remaining provisions remain enforceable.
  • Entire Agreement: These Terms constitute the entire agreement, superseding prior understandings.
  • No Waiver: Misprint's delay in enforcing these Terms does not waive its right to enforce them later.
  • Assignment: Misprint may assign these Terms; users may not without Misprint's written consent.

Contact Information

For questions or concerns regarding these Terms, please contact Misprint at support@misprint.com.

By using Misprint, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.

For more information, you can also visit our Buyer Guide and Seller Guide.

If you have any questions about these Terms of Service, please contact us.