gumgumroad

Pre-launch draft

This document is a working draft while gumgumroad completes its legal review. It is not a substitute for final terms; a revised version will replace it before the marketplace opens to buyers.

Legal

Terms of Service

Version dated 2026-08-31

gumgumroad Terms of Service

Effective Date: [DATE — set when published]

Last Updated: [DATE]

1. Introduction

Welcome to gumgumroad. These Terms of Service ("Terms") are a binding legal agreement between you and gumgumroad, Inc., a Delaware corporation ("gumgumroad," "we," "us," or "our"), that govern your access to and use of the website located at https://gumgumroad.com and any related services (collectively, the "Platform").

By creating an account, listing a Card, buying a Card, or otherwise using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

2. Merchant of Record

gumgumroad is the merchant of record for every purchase made on the Platform. That means:

  • When a buyer purchases a Card, the buyer's contract of sale is with gumgumroad, not the seller.
  • gumgumroad collects the buyer's payment, holds funds in escrow pursuant to Section 8, and remits the seller's share after applicable holdback periods.
  • gumgumroad is the merchant of record for sales tax collection and remittance purposes in every U.S. jurisdiction where we exceed the applicable economic nexus threshold. Where marketplace-facilitator laws apply, we collect and remit on the seller's behalf.
  • gumgumroad is the counterparty for payment card network chargebacks and disputes, and for consumer protection purposes under applicable state and federal law.

Ownership of Cards conveys as follows: at the moment the buyer's payment is authorized, title to the Card passes instantaneously from the seller to gumgumroad, and from gumgumroad to the buyer. Physical possession is transferred from seller to buyer via shipment; gumgumroad never takes physical possession of any Card.

3. Accounts

3.1 Eligibility. You must be at least 18 years of age and legally capable of forming binding contracts under the laws of your jurisdiction to create an account. You must reside in the United States. International buyers and sellers are not currently supported.

3.2 Account Creation. You must register with a valid email address and verify that address. You are responsible for maintaining the confidentiality of your account credentials.

3.3 One Account Per Person. You may not maintain more than one active buyer account or more than one active seller account. Circumventing suspension or a ban by creating a new account is grounds for permanent termination.

3.4 No Guest Checkout. All purchases require a signed-in account. This is a security measure and non-negotiable.

4. Buyer Terms

4.1 Purchasing. When you complete checkout, you enter into a binding contract with gumgumroad to purchase the Cards in your cart at the prices listed, plus applicable shipping and sales tax.

4.2 Payment. All payments are processed by Stripe, Inc. ("Stripe"). By providing payment information, you authorize gumgumroad to charge the payment method you provide.

4.3 Shipping. Physical fulfillment is performed directly by the seller. gumgumroad provides estimated shipping timelines but does not guarantee delivery dates.

4.4 Receipt Confirmation. You may confirm receipt of an order through your order history, which will release the seller's funds from escrow immediately. If you take no action, funds are released three (3) days after the delivery date reported by the shipping carrier for tracked orders, or fourteen (14) days after the shipment date for untracked orders.

4.5 Buyer Guarantee. If a Card arrives materially different from its listing description, does not arrive within thirty (30) days of shipment, or is materially damaged in transit, you may open a Dispute (Section 10) within thirty (30) days of the order date and receive a refund, replacement, or partial refund at gumgumroad's determination.

4.6 Chargebacks. Filing a chargeback with your card issuer before completing our Dispute process may result in suspension of your account. gumgumroad will contest chargebacks it determines to be unfounded and will submit evidence including tracking, delivery confirmation, and communication history.

5. Seller Terms (Summary)

Additional terms specific to sellers are set forth in the gumgumroad Seller Agreement, which each seller must accept before creating listings. Sellers agree to:

  • Onboard through Stripe Connect Express, including submitting information for identity verification and tax reporting;
  • List only Cards they own, have legal authority to sell, and accurately describe;
  • Ship purchased Cards within three (3) business days of receiving the order notification;
  • Provide tracking information for orders totaling twenty dollars ($20.00) or more;
  • Accept the escrow and holdback mechanics described in Section 8.

6. Listings

6.1 Accuracy. Sellers are responsible for the accuracy of every element of a listing: product identification, condition grade, sub-type (Normal / Foil / Reverse Holofoil / etc.), language, price, and quantity available.

6.2 Standard Condition Grades. Cards must be graded using the following standard scale:

  • NM (Near Mint) — No visible wear.
  • LP (Lightly Played) — Minor edge or surface wear visible on close inspection.
  • MP (Moderately Played) — Clear wear, no structural damage.
  • HP (Heavily Played) — Significant wear, may include creasing.
  • DM (Damaged) — Structural damage: bent, torn, water-damaged, etc.

Cards professionally graded and encapsulated by a third-party grading service (PSA, BGS, CGC, etc.) may be listed with the grader's assigned grade in the listing description; the required standard grade should reflect the raw-card equivalent.

6.3 Prohibited Listings. Sellers may not list:

  • Counterfeit, altered, or reproduction cards misrepresented as authentic;
  • Cards obtained through fraud, theft, or breach of contract;
  • Sealed product misrepresented as containing specific cards;
  • Any item other than a trading card;
  • Cards belonging to a third party without written authorization.

6.4 Pricing. Sellers may set fixed prices or configure dynamic pricing as a percentage of market price (as computed by gumgumroad's pricing data). Dynamic pricing is recalculated periodically; the seller remains responsible for the resulting listed price.

7. Fees

7.1 Buyer Fees. Buyers pay the listed price of each Card, plus shipping set by the seller, plus applicable sales tax. No additional buyer fees apply.

7.2 Seller Fees. gumgumroad deducts a marketplace fee of [X]% from the total sale price of each order (excluding shipping and tax) prior to remitting the seller's share. The current fee is [X]%; gumgumroad may adjust this fee with thirty (30) days' notice via email to the seller's account address.

7.3 Payment Processing. Stripe's payment processing fees (currently 2.9% + $0.30 per transaction) are deducted from the seller's payout. gumgumroad does not mark up these fees.

8. Escrow and Holdback

8.1 Escrow. All buyer payments are held in gumgumroad's custodial capacity until the applicable holdback period elapses or the buyer confirms receipt.

8.2 Holdback Period. Unless otherwise noted, seller funds are released to the seller's Stripe Connect account three (3) days after gumgumroad receives delivery confirmation from the shipping carrier. For orders under $20.00 shipped without tracking, the holdback period is fourteen (14) days from the shipment date.

8.3 New-Seller Extended Holdback. For a new seller's first three (3) completed sales, the holdback period is seven (7) days from delivery confirmation.

8.4 Extended Holds During Investigation. gumgumroad may extend the holdback period on any transaction while investigating a Dispute or suspected fraud.

9. Sales Tax

gumgumroad collects and remits U.S. sales tax on transactions in accordance with applicable marketplace-facilitator laws. gumgumroad uses [Stripe Tax] to calculate tax rates. Buyers are responsible for any tax obligations arising from purchases in jurisdictions where gumgumroad does not collect tax.

10. Disputes

10.1 Opening a Dispute. A buyer may open a Dispute within thirty (30) days of an order for the following reasons: (a) item not received; (b) item not as described; (c) item materially damaged.

10.2 Seller Response Window. Upon opening a Dispute, the seller has forty-eight (48) hours to respond through the Platform. Failure to respond results in an automatic refund to the buyer.

10.3 Resolution. If the parties do not reach resolution within seven (7) days, gumgumroad will review the evidence and issue a binding resolution: refund, partial refund, or Dispute denial. Buyers dissatisfied with gumgumroad's resolution may pursue arbitration pursuant to Section 15.

10.4 Consequences. Sellers with a Dispute-to-order ratio above [Y]% over a rolling ninety (90) day period may be subject to account restriction, funds hold, or termination.

11. Prohibited Uses

You may not:

  • Use the Platform to launder money, evade taxes, or facilitate any illegal activity;
  • Interfere with the Platform's operation, including automated scraping in violation of robots.txt;
  • Create multiple accounts to manipulate reviews, buy your own listings, or evade suspension;
  • Harass, threaten, or discriminate against other users;
  • Reverse-engineer or attempt to derive the source code of the Platform;
  • Use the Platform in any way that violates applicable law.

12. Reviews and User Content

12.1 Buyer Reviews. Buyers may leave reviews of sellers after completed transactions. Reviews must be factual, related to the transaction, and free of defamatory, harassing, or discriminatory language.

12.2 License to gumgumroad. By posting any content (including reviews, listing descriptions, and profile information) to the Platform, you grant gumgumroad a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, and display such content in connection with operating the Platform.

12.3 Removal. gumgumroad may remove any user content that violates these Terms in our sole discretion.

13. Intellectual Property

13.1 Platform IP. All Platform code, design, trademarks, and content (excluding user-generated content) are the exclusive property of gumgumroad.

13.2 DMCA. gumgumroad complies with the Digital Millennium Copyright Act. To submit a takedown notice, contact our designated agent at [dmca@gumgumroad.com]. Full agent information is registered with the U.S. Copyright Office.

13.3 Third-Party Trademarks. "One Piece" and related trademarks are the property of their respective owners. gumgumroad is not affiliated with, endorsed by, or sponsored by Bandai Co., Ltd., Shueisha, Inc., or Toei Animation Co., Ltd.

14. Termination

14.1 By You. You may close your account at any time via account settings. If you have pending orders, obligations survive account closure.

14.2 By gumgumroad. We may suspend or terminate your account without notice for material violations of these Terms, fraudulent activity, or as required by law.

14.3 Effect of Termination. Upon termination: (a) funds owed to you as a seller will be remitted, less any pending Dispute holdbacks; (b) your right to use the Platform ends; (c) provisions of these Terms that by their nature survive termination (including Sections 8, 10, 15, 16, 17, and 18) will remain in effect.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution. Before initiating formal dispute resolution, you agree to attempt to resolve the dispute by contacting gumgumroad at [legal@gumgumroad.com] and providing a written description.

15.2 Binding Arbitration. Any dispute arising out of or relating to these Terms or the Platform will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, conducted in [Delaware / your state of incorporation]. This agreement to arbitrate does not apply to small claims court actions.

15.3 Class Action Waiver. You agree to resolve disputes with gumgumroad on an individual basis. You waive any right to bring or participate in a class, collective, or representative action.

15.4 Opt-Out. You may opt out of the arbitration provision by sending written notice to [legal@gumgumroad.com] within thirty (30) days of first accepting these Terms.

16. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. gumgumroad DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

gumgumroad DOES NOT GUARANTEE THE QUALITY, CONDITION, OR AUTHENTICITY OF ANY CARD LISTED ON THE PLATFORM BEYOND ITS OBLIGATIONS UNDER THE BUYER GUARANTEE IN SECTION 4.5.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, gumgumroad's TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO gumgumroad IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

IN NO EVENT SHALL gumgumroad BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

18. Indemnification

You agree to indemnify, defend, and hold harmless gumgumroad, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Platform, your violation of these Terms, or your infringement of any third-party right.

19. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.

20. Changes to These Terms

We may modify these Terms at any time. Material changes will be communicated by email or a Platform notification at least thirty (30) days before taking effect. Continued use of the Platform after the effective date constitutes acceptance.

21. Miscellaneous

21.1 Entire Agreement. These Terms, together with the Seller Agreement (where applicable) and the Privacy Policy, constitute the entire agreement between you and gumgumroad.

21.2 Severability. If any provision is found unenforceable, the remaining provisions shall remain in full force.

21.3 Assignment. You may not assign your rights under these Terms. gumgumroad may assign these Terms in connection with a merger, acquisition, or sale of assets.

21.4 Notices. Notices to gumgumroad shall be sent to [legal@gumgumroad.com]. Notices to you may be sent to your account email address.

21.5 Contact. For questions about these Terms, contact us at [support@gumgumroad.com].

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