The Prop Site Terms and Conditions

Welcome to The Prop Site!

Before you jump into discovering and trading incredible props, let’s go over a few important details. The Prop Site is your go-to marketplace for everything from movie memorabilia to unforgettable party decorations, but like any good set, we need to make sure everyone knows their roles and responsibilities so things run smoothly.

ATTENTION: These Terms & Conditions (“Terms”) contain a binding arbitration provision and a class action waiver. By using this website, you agree to resolve any disputes with The Prop Site exclusively through arbitration and waive your right to sue in court in front of a judge or jury, except in small claims court. These requirements affect your legal rights. Please take the time to carefully review the Dispute Resolution and Arbitration and Class Action Waiver sections below for comprehensive details.

Your Agreement with The Prop Site

These Terms govern your access to and use of ThePropSite.com (the “Site”), which is owned and operated by The Prop Site Corporation (referred to as “The Prop Site,” “we,” “us,” or “our”). These Terms apply to everyone who uses the Site, whether you’re browsing as a visitor, buying, or selling items. BY ACCESSING OR USING THE SITE, YOU ARE AGREEING TO FOLLOW THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU SHOULD STOP USING THE SITE IMMEDIATELY.

When you use the Site, you’re also agreeing to our Privacy Policy, which is incorporated here by reference. Please take the time to read through these documents carefully.

Supplemental terms and conditions or policies that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Additionally, we reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. When we do, we’ll update the “Last Updated” date at the top of the page. It’s your responsibility to review these Terms periodically to stay informed of any changes. By continuing to use the Site after we post updated Terms, you’re agreeing to any changes.

Keep in mind, these Terms don’t create any formal relationship like an agency, partnership, or employment between you and The Prop Site. We’re just here to help facilitate connections between buyers and sellers.

About The Prop Site

The Prop Site operates as an online marketplace that facilitates the listing, sale, and purchase of props, costumes, collectibles, memorabilia, and other related items (“Items”). We serve as an intermediary, providing a platform where independent third-party sellers (“Sellers”) can list these Items, and interested buyers (“Buyers”) can browse, purchase, and bring their creative visions to life.

This means we do not own or create the items listed for sale, and we are not involved in the actual transactions between buyers and sellers. Our role is simple: we provide the space for these connections to happen.

All contracts and agreements for sales are strictly between the buyer and the seller. While we strive to ensure a smooth experience, please note that The Prop Site does not control or guarantee the existence, quality, safety, or legality of the items advertised; the accuracy of user content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Getting Started with The Prop Site

To make sure everyone has a great experience on The Prop Site, there are a few key requirements you need to meet:

• You must be at least 18 years of age and capable of forming legally binding contracts.
• You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy and completeness.
• You accept full responsibility for all activities conducted under your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
• You agree to protect the confidentiality of your account information, including your username and password. If you suspect any unauthorized use of your account or detect any security issues, you must notify us immediately.

To keep the Site safe and enjoyable for all users, certain activities are strictly prohibited. Agreeing to these Terms means you also agree to:

• Not list, buy, or sell Items that are counterfeit, stolen, or fraudulent.
• Not list or sell Items such as alcohol, firearms, ammunition, explosives, hazardous materials, drugs, or any Items prohibited by applicable laws.
• Not post misleading, false, or deceptive content.
• Not engage in activities that disrupt or interfere with the Site’s operations or security.
• Not access the Site through automated or non-human means, including bots, scripts, or similar tools.
• Not use the Site for illegal or fraudulent activities.
• Not violate any applicable law or regulation through your use of the Site.

If we believe you are violating these Terms or our policies, we reserve the right to take appropriate action. This may include but is not limited to suspending or terminating your account, limiting your buying and selling privileges, delaying or removing hosted content, and/or taking technical or legal steps to prevent further use of the Site.

Intellectual Property and User Content

At The Prop Site, we value the creativity and contributions of our users. We are also committed to protecting the intellectual property we’ve worked hard to develop, as well as that of other creators. By using our platform, you agree to the following terms regarding content ownership, rights, and responsibilities.

Your Content

Information that you post on our Site, including but not limited to profile pictures, shop names, listing photos, descriptions, reviews, comments, videos, and usernames (collectively, “Your Content”) is yours. This means you are responsible for ensuring you have all necessary rights to all elements of Your Content and that you are not infringing or violating any third party’s rights by posting it. Additionally, you agree that Your Content will comply with our Terms, refraining from posting any material that is misleading, unlawful, intended for unauthorized advertising or spam, infringing on others’ privacy or rights, or designed to mock, harass, or intentionally offend or harm.

You retain ownership of any content you create and submit to The Prop Site. However, by posting it on our Site, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, and perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This license allows us to operate, promote, and improve The Prop Site while respecting your ownership rights. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

Our Content

The Prop Site’s proprietary content includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, “Our Content”) as well as the trademarks, service marks, and logos (the “Marks”) used on the Site. All of these elements are owned or controlled by us or licensed to us and are protected by copyright, trademark laws, and various other intellectual property rights.

You agree not to copy, reproduce, modify, distribute, transmit, broadcast, display, sell, or otherwise exploit any part of Our Content or Marks without our express prior written permission. This includes, but is not limited to, reverse engineering or attempting to obtain the source code of the Site. Unauthorized use of Our Content or Marks is strictly prohibited and may result in legal action.

Content Infringement and Reporting

If you believe that any content on The Prop Site infringes on your or someone else’s intellectual property rights, please contact us to report such content. We will investigate and take appropriate action in accordance with our policies and applicable laws.

Marketplace Transactions

The Prop Site connects buyers and sellers, but we are not a party to any transaction between them. Any agreement made between a buyer and seller is solely between those parties. To help ensure our marketplace is used honestly and effectively, we’ve established some guidelines and terms for transactions. Failure to comply with these terms may result in consequences, including the suspension or termination of your account.

Listing and Selling Items

When selling on The Prop Site, you agree to provide accurate and honest information in your product listings. This includes detailed descriptions of the items, their condition, authenticity, and any other relevant details, as well as genuine photographs and videos of the actual items for sale—no stock photos, artistic renderings, AI-generated images, or images used by other sellers or websites.

All listings must offer a physical item for sale. You may not use The Prop Site for sharing referral codes, posting want ads, crowdfunding, or similar activities that do not involve an actual item for sale. Additionally, you are prohibited from listing counterfeit, stolen, or fraudulent items, or any materials that are prohibited by law, including but not limited to alcohol, firearms, ammunition, explosives, hazardous materials, and drugs.

By listing and selling on The Prop Site, you agree to honor your shipping and processing times. This means completing transactions promptly, barring exceptional circumstances, and shipping items securely to prevent damage during transit. You are also responsible for complying with all applicable laws and regulations regarding the products you list, including any required labels and warnings. The Prop Site assumes no responsibility for the accuracy, labeling, or content of your listings.

For details on applicable fees and payment processing, please refer to the Fees and Payments section of these Terms.

Buying Items

When shopping on The Prop Site, you are purchasing directly from a participating seller, not The Prop Site itself. As a marketplace, we do not pre-screen items or endorse any specific content posted by sellers, including photographs, descriptions, or shop policies. Each seller operates independently, with their own processing times, shipping methods, and shop policies. If you provide your own materials for a custom order, you assume full responsibility for those materials.

By making a purchase on The Prop Site, you agree that you have:

• Read and understood the Item description and any shop-specific policies provided by the seller;
• Submitted accurate payment for the Item(s); and
• Provided correct shipping information to ensure the proper delivery of your purchase.

For details about payment methods, fees, and payment processing, please refer to the Fees and Payments section of these Terms.

We encourage buyers to leave reviews for purchased items, provided they comply with The Prop Site’s guidelines for user-generated content. Reviews should not be misleading, unlawful, or intended to harass or offend. Attempts to manipulate sellers, such as leaving negative reviews to pressure them into providing additional benefits, will not be tolerated and may result in action against your account.

Dispute Resolution Between Buyers and Sellers

The Prop Site disclaims any liability for disputes that arise between Buyers and Sellers. While we may, at our sole discretion, attempt to mediate disputes, we are under no obligation to do so, and all decisions made during such mediation are final. The Prop Site’s involvement in a dispute does not create any additional obligation, liability, or warranty on our part.

If you find yourself in a dispute with another user, we encourage you to first contact the other party directly and try to resolve the issue amicably. Most disputes can be resolved through clear and respectful dialogue. Be sure to keep a record of all relevant communications and details, as this documentation may be helpful if further action is needed.

If direct communication does not resolve the dispute, you may consider escalating the issue.

Please be aware that The Prop Site does not offer any purchase protection programs or guarantees related to transactions. We are not responsible for any claims, demands, or damages arising from transactions conducted on our platform.

If you believe that a dispute involves a violation of our Terms & Conditions or if you suspect fraudulent activity, you may contact us to report the issue. We will review and investigate reports according to our policies, but please note that our role in dispute resolution is limited.

Fees and Payments

Using The Prop Site involves certain fees and payment responsibilities. These include fees for listing and selling items, as well as any applicable transaction fees. We strive to be transparent about these costs and will outline all relevant fees in the sections below.

Seller Fees

As a Seller, you understand and accept that there are fees associated with your participation on The Prop Site. [Insert specific details about any fees the Site will charge, such as a one-time set-up fee, a percentage of the sale fee, listing fees, advertising fees, or any other charges. Specify how these fees will be collected, e.g., via payment processing or invoice, and what the process is if they do not pay, or the payment method on file fails.]

You are responsible for paying all fees that you owe to The Prop Site. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Site. Please note that payment processing is conducted by third-party providers, and The Prop Site is not responsible for any issues arising from the processing of buyer payments.

Buyer Payments

When making a purchase on The Prop Site, you agree to submit accurate and prompt payment for the items you buy. You are also responsible for complying with any local import/export regulations related to your purchase.

Payments are processed by third-party providers, and The Prop Site is not responsible for any issues arising from payment processing, including delays or errors.

Returns, Refunds, and Cancellations

Mistakes happen, and sometimes an item may not be what you expected. When these situations arise, we encourage buyers and sellers to work together to resolve any issues. Each seller has their own policies regarding returns, refunds, and cancellations, which should be reviewed before making a purchase.

Seller Policies

Sellers on The Prop Site are responsible for setting their own return and cancellation policies. Each seller should clearly outline their policies in their shop details, including the conditions under which returns or cancellations are accepted, any time limits for requesting returns, and whether the seller will cover return shipping costs.

As a seller, you agree to adhere to your published return and cancellation policies. If a return or cancellation request is approved, it is your responsibility to process the refund or replacement promptly and in accordance with your stated policies.

Buyer Requests

Buyers may request to cancel an order by contacting the seller directly. If a seller agrees to cancel an order, the buyer will receive a refund as per the seller’s policy. If the order cannot be canceled, buyers may be able to return the item if the seller’s return policy allows it.

Buyers are responsible for reviewing and understanding the seller’s return policy before making a purchase. The Prop Site does not handle returns or cancellations directly and does not offer a purchase protection program. Any disputes or issues related to returns and refunds should be addressed directly with the seller or through the dispute resolution process outlined above.

Disclaimer of Warranties and Limitations of Liability

As a marketplace, The Prop Site does not manufacture, store, or inspect any of the Items sold through the Site. We provide the platform for independent sellers to list and sell their Items. Consequently, we make no warranties or representations regarding:

• The quality, safety, authenticity, or legality of Items listed on the Site;
• The accuracy, copyright compliance, legality, or decency of content posted by users, including Item listings, descriptions, pricing, and availability;
• Any errors, omissions, or inaccuracies in the Site’s materials.

While The Prop Site strives to maintain the Site and its operations, we cannot guarantee that the Site will be free from defects or that service will be uninterrupted. You use the Site at your own risk, and all services are provided on an “AS IS” and “AS AVAILABLE” basis. Specifically, we make no warranties regarding:

• Your access to or use of the Site, or any inability to access or use it;
• Any unauthorized access, use, or alteration of your content or transmissions;
• The presence of viruses, worms, or other harmful components.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROP SITE, INCLUDING ITS DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROP SITE’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $100 OR (B) ANY AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH THE SITE IN THE PAST 12 MONTHS.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification 

Should The Prop Site ever be sued or receive a claim, notice, inquiry or demand because of something that you did (or failed to do), you agree to indemnify, defend, and hold us harmless (along with any of our officers, directors, employees, agents, licensors, suppliers, and affiliates), from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) that arise from your actions or omissions in connection with your use of the Site, any violation of these Terms by you, and any actual or alleged violation of any law or the rights of any third party.

This indemnification obligation applies to claims, demands, and proceedings of any kind and is not limited by any other provisions in these Terms.

Dispute Resolution and Arbitration

Please read this section carefully, as it affects your legal rights.

If you have any issues or disputes with us, we encourage you to contact us directly so we can work together in good faith to resolve the matter. If we cannot reach a resolution, you and The Prop Site agree to resolve any disputes through binding individual arbitration, rather than through court lawsuits or jury trials, except in small claims court. This means both of us waive the right to sue in court or participate in a class action.

Agreement to Arbitrate

This arbitration agreement applies to all users of The Prop Site and covers any claims or disputes related to these Terms, your use of the Site, or any products or services obtained through the Site. By agreeing to these Terms, you consent to submit any disputes to binding arbitration, where a neutral arbitrator will decide the outcome. The arbitrator’s decision will be final, subject only to a limited right of review under the Federal Arbitration Act (FAA).

Exceptions to Arbitration

While most disputes are handled through arbitration, there are some situations where you or The Prop Site may choose to go to court instead. These exceptions include:

• Small Claims Court: Either of us may bring qualifying individual claims in small claims court, provided the claims stay within that court’s jurisdiction.
• Intellectual Property Claims: Either of us may seek court intervention for disputes involving the enforcement or protection of intellectual property rights (like trademarks or copyrights).
• Injunctive Relief: Either of us may request urgent court intervention to stop harmful actions that threaten legal rights, like unauthorized use of intellectual property.

Class Action Waiver

You and The Prop Site agree that each of us can only bring claims against the other as individuals. This means that neither you nor us can participate in or bring class actions, collective actions, or any other type of representative action against the other. Furthermore, we both waive our rights to join or consolidate claims with others in any lawsuit, arbitration, or other proceeding. Any dispute between us must be resolved on an individual basis only, and we may only seek or obtain individualized relief.

If any portion of this waiver is found to be unenforceable for a particular claim or type of relief, only that part will be severed, and the rest of the claims will still be subject to arbitration.

Arbitration Process

If you have a dispute with us, or vice versa, the following steps briefly outline the process to resolve it through arbitration. For more information on this alternative dispute resolution process, you can visit www.adr.org.

• Notice of Dispute: If you wish to initiate arbitration, you must send written notice to info@ThePropSite.com  with your name, phone number, email, username, shop name (if applicable), a description of the dispute, and how you would like it resolved. If we have a dispute with you, we will send notice to the email address associated with your account.
• Informal Negotiations: After one of us receives notice, we both agree to attempt to resolve the issue informally within 60 days. During this time, we will work in good faith to address and resolve the matter. If we cannot reach a resolution within this period, then either one of us may start the formal arbitration process by submitting a Demand for Arbitration to the American Arbitration Association (“AAA”). You can download a Demand for Arbitration form (PDF) at this link.
• Choosing an Arbitrator: The arbitration will be handled according to the Commercial Arbitration Rules of the AAA and, when applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes, both of which can be found at the AAA’s website. If the AAA is unable to administer the arbitration, we will mutually agree on a different administrator. If we cannot agree, a court will select the administrator for us.
• Hearing: The arbitration can be conducted in person, by phone, online, or through written submissions. If an in-person hearing is required, it will take place in Volusia County, Florida. The arbitration will be conducted in English by a single arbitrator, who will review the evidence and issue a decision in writing.
• Final Decision: The arbitrator does not need to provide detailed reasons for their decision, unless one of us requests it. The decision will be final and binding. Judgment on the award may be entered in any court with jurisdiction. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

Any claim or dispute related to the Site must be brought within one (1) year from the date the issue first arose. After that time, no claims can be made. If any part of this section is found to be unenforceable, that specific portion will be handled in court, and the rest of the dispute will still go through arbitration. Both you and The Prop Site agree to submit to the personal jurisdiction of the court for any claims that can’t be arbitrated.

Governing Law and Jurisdiction

If a claim between you and The Prop Site is not subject to arbitration, both of us agree to resolve the claim exclusively in the state or federal courts located in Volusia County, Florida, and submit to the personal jurisdiction of those courts. However, if you file a claim in small claims court, you may do so in the county where you reside.

Except where prohibited by law, these Terms and your use of the Site will be governed by the laws of the State of Florida, without regard to its conflict of law principles.

Miscellaneous

These Terms, along with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and The Prop Site. They supersede any prior agreements or understandings, whether written or oral, regarding your use of the Site.

If any part of these Terms is found to be invalid or unenforceable, that part will be limited or removed as necessary, and the remaining Terms will remain in full force and effect. If we don’t enforce any part of these Terms, it doesn’t mean we’ve waived our right to do so in the future. Any waiver must be in writing and signed by us to be effective.

We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting on the Site. Your continued use of the Site after any changes means you accept the new Terms. We recommend checking these Terms periodically for updates.

Contact Us

For questions or concerns regarding these Terms & Conditions, please contact us at:

The Prop Site Corporation
Email: info@ThePropSite.com