Terms of Service

By accessing or using the TakoCards platform ("Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must not access or use the Platform. These Terms apply to all visitors, users, sellers, and others who access or use the Platform.

We reserve the right to update, change, or modify these Terms at any time. Changes will be effective immediately upon posting to the Platform. Your continued use of the Platform following the posting of revised Terms constitutes acceptance of those changes.

TakoCards is an online marketplace platform that facilitates the buying and selling of trading cards, including but not limited to Pokémon trading cards, between independent sellers and buyers. TakoCards acts solely as a marketplace intermediary and is not a party to any transaction between buyers and sellers.

The Platform may display images of trading cards, including but not limited to Pokémon trading cards. TakoCards does not own, claim ownership of, or assert any copyright over the intellectual property, trademarks, artwork, or designs depicted on these trading cards.

Pokémon, Pokémon character names, and all related marks are trademarks and copyrights of The Pokémon Company, Nintendo, Game Freak, and Creatures Inc. All other trading card brands, names, and images are the property of their respective owners. The use of these images on our Platform is solely for the purpose of identifying and facilitating the sale of physical trading card products by independent sellers.

All product images displayed on the Platform are uploaded directly by sellers and represent the actual items being offered for sale. TakoCards does not create, modify, or curate these images. Sellers are solely responsible for ensuring that any images they upload do not infringe upon the intellectual property rights of any third party.

If you are a rights holder and believe that any content on the Platform infringes your intellectual property rights, please contact us to request its removal.

By uploading, submitting, or otherwise making available any content on the Platform — including but not limited to product images, photographs, descriptions, text, and any other materials ("User Content") — you grant TakoCards a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your User Content in any media format and through any media channel.

This license includes, but is not limited to, the right to use your User Content for:

• Operating, promoting, and marketing the Platform
• Advertising and promotional materials, including on social media, email campaigns, and other marketing channels
• Displaying content across the Platform, including in search results, category pages, and featured sections
• Improving and enhancing the Platform's features, services, and user experience
• Training internal tools, analytics, and platform functionality

You represent and warrant that you own or have obtained the necessary rights, licenses, and permissions to grant this license for any User Content you submit. You acknowledge that TakoCards may continue to use your User Content even after your account is terminated or your listings are removed, to the extent such content has already been used, distributed, or incorporated into promotional materials.

You agree not to engage in any of the following prohibited activities on the Platform:

Market Manipulation & Abuse

• Market making, price manipulation, or any attempt to artificially influence the prices of listed products
• Creating fake or shill listings to distort market pricing or availability
• Wash trading or conducting fraudulent transactions to inflate sales volume or manipulate ranking metrics
• Coordinating with other users to manipulate prices, ratings, or reviews
• Abusing or exploiting any Platform feature, bug, or system vulnerability for personal gain or to disrupt the marketplace

Data Collection & Automated Access

• Scraping, crawling, harvesting, or collecting data from the Platform using automated tools, bots, spiders, or scripts
• Using any automated system to access, monitor, or copy content or data from the Platform without our prior written consent
• Circumventing or attempting to circumvent any rate limiting, access controls, or security measures implemented on the Platform
• Replicating, mirroring, or redistributing any data, content, or listings from the Platform on any other website or service

General Abuse

• Listing counterfeit, stolen, or misrepresented products
• Creating multiple accounts to circumvent suspensions, bans, or limitations
• Harassing, threatening, or engaging in abusive behavior toward other users or TakoCards staff
• Engaging in any activity that could damage, disable, overburden, or impair the Platform's infrastructure

Messaging Abuse

• Using the Platform's messaging system to arrange transactions outside the Platform in order to circumvent fees, commissions, or buyer/seller protections
• Soliciting or directing other users to complete payments through external channels, personal bank transfers, or off-platform payment methods
• Sharing personal contact information (phone numbers, email addresses, social media handles) for the purpose of bypassing the Platform's ordering or payment systems
• Sending spam, unsolicited advertisements, or promotional content through messages
• Using messages to harass, intimidate, threaten, or send abusive, offensive, or discriminatory content to other users

You are expressly prohibited from using any robot, spider, crawler, scraper, or any automated means to access the Platform for any purpose without our prior written consent. This includes, but is not limited to:

• Collecting or harvesting any personally identifiable information, pricing data, listing data, or other information from the Platform
• Indexing or caching any content from the Platform for commercial purposes
• Reproducing, duplicating, or copying any content for purposes other than personal, non-commercial use
• Using data from the Platform to build a competing product or service

Our robots.txt file disallows all automated crawling and scraping. Disregarding the directives in our robots.txt file constitutes a violation of these Terms and may result in legal action.

If you use the Platform as a seller, you agree to the following additional responsibilities:

• You are solely responsible for the accuracy and completeness of your product listings, including descriptions, images, pricing, and condition grading
• All images you upload must accurately represent the actual item(s) being sold
• You must have all necessary rights and permissions to use any images and content you upload to the Platform
• You are responsible for complying with all applicable laws and regulations in your jurisdiction, including tax obligations
• You must not list counterfeit products, or products that infringe upon the intellectual property rights of any third party

TakoCards operates as a consumer-to-consumer (C2C) marketplace where independent sellers list and sell trading cards directly to buyers. TakoCards acts solely as a platform intermediary — we are not a party to any transaction between buyers and sellers, and we do not own, possess, handle, or ship the items listed on the Platform (unless a TakoInspect service has been purchased).

Buyer Responsibilities

• Buyers are responsible for reviewing listing details, including item descriptions, images, condition grades, and seller ratings, before making a purchase
• All purchases are binding — buyers agree to pay for items upon completing checkout
• Buyers should inspect items promptly upon receipt and report any issues within the refund eligibility window as outlined in our Refund Policy

Transaction Processing

• All payments are processed through the Platform. Buyers pay TakoCards directly, and TakoCards settles with sellers after order fulfillment, less applicable fees and commissions
• TakoCards may hold seller payouts during dispute resolution or pending refund requests
• Transaction records are retained in accordance with our Privacy Policy and applicable legal requirements

Platform Messaging

The Platform provides a messaging system to facilitate communication between buyers and sellers regarding listings, orders, and disputes. By using the messaging system, you acknowledge and agree to the following:

• All messages are stored and may be accessed, reviewed, and read by TakoCards for the purposes of platform integrity, dispute resolution, fraud prevention, policy enforcement, and improving our services
• Messages should not be considered private communications — TakoCards staff and administrators may review message content at any time without prior notice
• Messages may be used as evidence in dispute resolution proceedings
• All transactions must be conducted through the Platform's checkout and payment systems — attempting to arrange off-platform payments or circumvent the ordering system through messages is strictly prohibited and may result in immediate account suspension or permanent ban
• You are solely responsible for the content of messages you send and must comply with all applicable laws and the Platform's Prohibited Conduct policies

No Guarantee of Transactions

TakoCards does not guarantee the completion of any transaction. We reserve the right to cancel transactions, suspend listings, or withhold payouts where we suspect fraud, policy violations, or other prohibited conduct.

TakoCards offers the TakoInspect service, which allows buyers and sellers to request a professional assessment of a trading card's condition and authenticity. By using TakoInspect, you acknowledge and agree to the following:

Service Scope

• TakoInspect provides a best-effort visual inspection and assessment using industry-standard techniques and criteria
• Assessments are based on the inspector's professional judgment at the time of inspection and may differ from evaluations by other grading services, professional graders, or third parties
• TakoInspect does not open sealed products, perform destructive testing, or utilize laboratory-grade authentication methods unless explicitly stated

Limitation of Responsibility

• TakoCards does not assume complete responsibility for the accuracy of TakoInspect assessments
• TakoInspect assessments are opinions and are provided "as is" without warranty of any kind, express or implied
• TakoCards shall not be liable for any financial loss, missed opportunity, or consequential damage arising from reliance on a TakoInspect assessment
• In cases of demonstrable inspector error resulting in direct financial loss, TakoCards may, at its sole discretion, offer a partial remedy, which shall not exceed the TakoInspect service fee paid

Fees

TakoInspect fees are charged at the time of service request and are non-refundable once the inspection has been performed. Fee schedules are published on the Platform and may be updated from time to time.

Refunds and disputes are governed by our comprehensive Refund Policy. By using the Platform, you agree to the terms outlined therein. Key points include:

• Buyers may request refunds within 7 days of confirmed delivery for items that are not received, significantly not as described, counterfeit, or damaged in transit
• Disputes should first be resolved directly between buyer and seller before escalating to TakoCards for arbitration
• TakoCards' dispute resolution decisions are final and binding on both parties
• Seller payouts are held during open disputes and adjusted upon resolution
• Repeated valid disputes against a seller may result in account restrictions or suspension

TakoCards reserves the right to suspend or permanently terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms of Service
• Engaging in or attempting to engage in market manipulation or price abuse
• Scraping, crawling, or automated data collection
• Listing fraudulent, counterfeit, or misrepresented products
• Any conduct that we determine, in our sole discretion, is harmful to the Platform, other users, or our business interests

Upon account termination, your right to use the Platform will immediately cease. TakoCards is not obligated to provide any refunds, compensation, or return of data upon account termination. The content license granted under Section 4 of these Terms shall survive account termination.

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. TakoCards makes no warranties, expressed or implied, regarding the Platform, including but not limited to:

• The accuracy, reliability, or completeness of any information, content, or listings on the Platform
• The authenticity, quality, or condition of products listed by sellers
• That the Platform will be uninterrupted, timely, secure, or error-free
• That any defects or errors in the Platform will be corrected

TakoCards does not verify, endorse, or guarantee the accuracy of any seller's claims regarding card condition, grading, or authenticity. All transactions are conducted at your own risk.

To the fullest extent permitted by applicable law, TakoCards, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of the Platform, any transaction conducted through the Platform, or any content uploaded by users, whether based on warranty, contract, tort, or any other legal theory.

You agree to indemnify, defend, and hold harmless TakoCards, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Platform, your violation of these Terms, your User Content, or your violation of any rights of any third party.

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which TakoCards operates, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

If you have any questions about these Terms of Service, or if you wish to report a violation or submit a copyright infringement notice, please contact us through the Platform's support channels.