Terms of Service

After6 Services LLC · Version 1.2

After6 Services LLC — Skylanders Portal (SellYourSkylanders.com and skylande.rs)

Version 1.2 · Effective Date: September 22, 2026 · Last Updated: September 22, 2026

Notice Regarding Dispute Resolution

Section 21 of these Terms describes how disputes between you and After6 Services LLC must be resolved. An individual claim that qualifies for small claims court may be brought there; every other dispute must be brought exclusively in the state or federal courts identified in Section 22.2. Section 21 also includes a class action waiver. Please read it carefully.

1. Introduction and Acceptance

1.1 Who we are

After6 Services LLC ("After6," "A6," "we," "us," or "our") is a Pennsylvania limited liability company with a mailing address of PO Box 646, Rushland, PA 18956, United States.

1.2 What these Terms cover

These Terms of Service (the "Terms") govern your access to and use of the websites located at SellYourSkylanders.com and skylande.rs, together with all subdomains, applications, features, content, and services made available through them (collectively, the "Portal"). The Portal is also referred to in our materials as the After6 Skylanders Portal, the A6 Skylanders Portal, the After6 Services Skylanders Buy List, the After6 Buy List, the A6 Buy List, Sell Your Skylanders, and Sell Your Skylanders Dot Com. All of those names refer to the same service and are governed by these Terms.

1.3 The Portal's purpose

The primary purpose of the Portal is to allow you to assemble and submit a list of Skylanders game figures, game disks, and accessory items that you wish to offer to sell to After6, and — if After6 accepts your offer — to complete that sale. The Portal also publishes reference information about Skylanders figures and related items.

The Portal is not a marketplace. After6 is the buyer. You are not selling to any third party through the Portal, and After6 does not act as an agent, broker, escrow agent, auctioneer, or consignee for you or for anyone else.

1.4 Your agreement

By creating an account, submitting a Lot, or otherwise accessing or using the Portal, you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Portal.

1.5 Changes to these Terms

We may modify these Terms at any time. We will post the revised Terms on the Portal and update the "Last Updated" date. If the changes are material, we will provide notice — by email to the address on your account, by a notice on the Portal, or both — at least fourteen (14) days before they take effect. Your continued use of the Portal after the effective date of a revision constitutes acceptance of it. The Terms in effect at the time a Lot is submitted govern that Lot, and later changes to these Terms do not alter the terms of a Lot already submitted.

2. Definitions

"Account" means a registered user account on the Portal.
"Account Holder" means the individual person in whose name an Account is registered and who is legally responsible for it.
"Buy List" means the prices, item listings, and related information After6 publishes on the Portal indicating items After6 may be interested in purchasing and at what prices.
"Item" means a single Skylanders game figure, game disk, accessory item, or other article offered for sale to After6 through the Portal.
"Lot" means a set of Items assembled and submitted to After6 by an Account Holder as a single offer to sell, together with all quantities, stated conditions, prices, photographs, and other information submitted with it.
"Offer Price" means the fixed and definite price stated in a Lot for a given Item.
"Photographs" means images that you upload to the Portal in connection with a Lot.
"Portal" has the meaning given in Section 1.2.
"Prepaid Label" means a shipping label purchased by After6 for a Shipment under Section 10.9.
"Shipment" means the physical package or packages in which you send a Lot to After6.

3. Eligibility

3.1 Age requirement

You must be at least eighteen (18) years of age to register for an Account or to use the Portal to submit a Lot. A Lot is a legally binding offer, and After6 requires that every person entering into it be legally capable of doing so. By registering, you represent and warrant that you are 18 or older.

3.2 Residency and location

The Portal is intended solely for use by individuals located in and resident in the United States, with a United States shipping address. We do not offer the Portal to individuals located outside the United States and we do not accept Shipments originating outside the United States. If you access the Portal from outside the United States, you do so on your own initiative and are responsible for compliance with local law.

3.3 Individuals, not businesses (unless approved)

The Portal is intended for individuals selling from their own personal collections. Use of the Portal by a business, reseller, or dealer, or for wholesale or high-volume purposes, requires our prior written approval and may be subject to separate terms.

3.4 Capacity and authority

By using the Portal you represent that you have not previously been suspended or removed from the Portal, and that you are not barred from using it under the laws of the United States or of your state of residence.

4. Minors and Adult-Owned Accounts

We recognize that Skylanders collections are frequently owned by children and teenagers. These Terms permit a household to sell such a collection, but only through an adult.

4.1 The adult is the Account Holder

A person under the age of 18 (a "Minor") may participate in the use of the Portal only if the Account through which they participate is owned and operated by an adult — a parent, legal guardian, or other adult who is at least 18 years old (the "Adult") — who provides permission for and active oversight of the Minor's participation.

4.2 Accounts may not be registered in a Minor's name

An Account may not be registered in the name of a Minor. The Account must be registered in the Adult's own legal name, using the Adult's own email address and contact information.

4.3 The Adult's responsibility is total

The Adult remains the sole Account Holder and is solely and fully legally responsible for all activity conducted through the Account, including without limitation:

all Lots submitted and all offers made;
all statements about the condition, ownership, authenticity, and quantity of Items;
all communications with After6;
all fees, costs, and shipping obligations associated with the Account; and
all financial, income-reporting, and tax obligations arising from any payment After6 makes to the Account.

Every act taken through the Account is deemed to be the Adult's own act, whether or not the Adult personally performed it.

4.4 The Portal is not directed to children

The Portal is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. Our handling of information relating to children is described in the Privacy Policy.

5. Prohibited Registration Conduct and Sanctions

5.1 Prohibited conduct

It is a direct violation of these Terms and of After6's policies for any person to:

create or use an Account while under the age of 18, other than under the supervision of and in the name of an Adult as permitted by Section 4;
register an Account using false, borrowed, or misappropriated identity information, including a false name, a false date of birth, or another person's identity;
misrepresent that an Adult owns or oversees an Account when that is not the case; or
operate an Account in any other manner materially inconsistent with these Terms.

5.2 Sanctions

If After6 determines, in its sole and reasonable discretion, that any of the conduct described in Section 5.1 has occurred, After6 may take any or all of the following actions, immediately and without prior notice:

Suspension or permanent termination of the Account;
Restriction or removal of selling capability on the Portal, including with respect to any other Account After6 reasonably associates with the same person or household;
Removal or cancellation of any Lot associated with the Account, whether submitted, in review, or accepted;
Cancellation of any purchase by After6 that was predicated in whole or in part on false pretenses; and
Demand for refund or reimbursement of any payment already made, as set out in Section 5.3.

5.3 Right to reclaim payment

If After6 has already made payment in connection with an Account that is being, or has been, operated under false pretenses or in a manner materially inconsistent with these Terms, After6 has the right to demand and receive a refund of that payment in full, and you agree to return it promptly upon written demand. After6 may in its discretion offset the amount against any other sums it owes you, reverse or dispute the underlying transaction through the payment provider, and recover its reasonable costs of collection, including attorneys' fees, to the extent permitted by applicable law.

5.4 No obligation to return

Where a purchase is cancelled under this Section 5, After6 will make commercially reasonable efforts to return the affected Items to the address of record at After6's expense, but After6 is not obligated to return Items that it may not lawfully return, including counterfeit Items governed by Section 11.

5.5 Sanctions are not exclusive

The sanctions in this Section 5 are in addition to, and not in place of, any other remedy available to After6 at law or in equity.

6. Accounts and Account Security

6.1 Accurate information

You agree to provide accurate, current, and complete information when you register and to keep it up to date. This includes your legal name, email address, and the mailing address and payment address to which returns and payments will be sent. After6 is not responsible for a payment or return that fails, is delayed, or is misdirected because the information on your Account was inaccurate or out of date.

6.2 Email verification

You must verify your email address before you can submit a Lot or upload Photographs. You consent to receive transactional messages from us at that address as described in Section 24.

6.3 One Account per person

You may maintain only one Account. You may not create an Account on behalf of another person without that person's authorization, nor create a second Account to evade a suspension or restriction.

6.4 Security

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your Account. Notify us promptly at the address in Section 26 if you learn of any unauthorized use.

6.5 Account closure

You may close your Account at any time by contacting us. We may suspend or terminate an Account under Section 5, Section 19, or for any other reason on notice. Closure of an Account does not terminate obligations arising from Lots already submitted or purchases already completed.

7. The Buy List

7.1 Nature of the Buy List

The Buy List reflects prices at which After6 may be willing to purchase particular Items at a particular moment. The Buy List is not an offer to purchase, and it does not create any obligation on After6 to purchase anything. It is an invitation for you to make an offer.

7.2 Prices change

Buy List prices are subject to change at any time without notice, and may change between the time you begin building a Lot and the time you submit it. The prices that apply to your Lot are those captured in the Lot at the moment of submission.

7.3 Errors

The Buy List, item descriptions, and other Portal content are compiled with care but may contain errors, omissions, or inaccuracies, including pricing errors. After6 reserves the right to correct any error and to decline any Lot, in whole or in part, that was priced in reliance on an obvious or manifest error, including a price that is plainly wrong by an order of magnitude, a duplicate entry, or a technical fault. If After6 declines a Lot on this basis after payment has been made, Section 5.3 applies to the recovery of that payment.

7.4 Items not on the Buy List

The Portal may permit you to include an Item for which no current Buy List price exists. Where that occurs, the Offer Price may be shown as $0.00 or as another nominal value. An Item with an Offer Price of $0.00 carries no payment. After6 will identify such Items in the Lot summary provided to you. If you do not wish to offer an Item at $0.00, remove it from your Lot before submitting.

8. Lots — Formation of a Contract

This Section 8 states the core commercial bargain between you and After6. Please read it carefully.

8.1 A Lot is your binding offer

When you submit a Lot through the Portal, you are making a binding, irrevocable offer to sell to After6 the Items identified in the Lot, in the quantities stated, at the Offer Prices stated, on the terms of these Terms of Service. The Lot, together with these Terms, constitutes the entire contract between you and After6 with respect to that Lot if and when After6 accepts it.

8.2 Fixed and definite prices

Each Item in a Lot carries a fixed and definite Offer Price, submitted as part of the Lot. There is no bidding, negotiation, auction, or price discovery mechanism in the submission process.

8.3 Quantity

Each Item is offered in a quantity of one (1) unless a different quantity is expressly stated in the Lot.

8.4 After6 has the right, but not the obligation, to accept

Once a Lot has been submitted, After6 has the right but not the obligation to accept your offer, in whole or in part, according to the terms stated in the Lot and in these Terms. After6 may decline any Lot or any Item within a Lot, for any reason or for no reason, without explanation and without liability. Nothing in the Portal, in the Buy List, in a submission confirmation, or in any automated message constitutes acceptance.

8.5 How acceptance occurs

Acceptance occurs only when After6 sends you an express written acceptance — identified as such — after After6 has received and inspected the Shipment. An acknowledgment that your Lot was received, a status change in the Portal, a request for Photographs, a shipping instruction, or any other automated communication is not an acceptance.

8.6 Review target

After6 aims to complete its initial review of a submitted Lot within three (3) business days of submission. This is a service target, not a contractual commitment, and After6 is not liable for taking longer.

8.7 Offer validity period

Your offer remains open and irrevocable for thirty (30) days from the date the Lot is submitted, unless After6 declines it sooner or the parties agree otherwise in writing. If After6 has not accepted the Lot within that period, the offer lapses and neither party has further obligation with respect to it, except that any Items already in After6's possession will be handled under Section 10.

8.8 Partial acceptance and counter-offer

After6 may accept some Items in a Lot and decline others. Where After6 proposes to purchase an Item at a price different from the Offer Price, that proposal is a counter-offer, not an acceptance. A counter-offer becomes binding only if you accept it in writing (including through the Portal). If you do not respond to a counter-offer within fourteen (14) days, the counter-offer is deemed declined and the affected Items are handled under Section 10.

8.9 No exclusivity, and withdrawal

Submitting a Lot does not prevent you from selling the same Items elsewhere before you ship them. However, if you sell, transfer, or otherwise dispose of any Item in a submitted Lot before shipping it, you must promptly notify us and withdraw or amend the Lot. Shipping a Lot that you know to be incomplete or altered without notifying us is a breach of these Terms.

9. Your Representations and Warranties as Seller

For each Lot you submit and each Item within it, you represent and warrant to After6 that:

Ownership. You are the sole and lawful owner of the Item, or you are fully authorized by the lawful owner to sell it, and you have the unrestricted right to transfer good title to After6.
No liens. The Item is free of any lien, security interest, pledge, or other encumbrance, and is not subject to any consignment, rental, layaway, or similar arrangement.
Lawful origin. The Item is not stolen, has not been obtained by fraud, theft, or deception, and is not the subject of any pending law-enforcement matter, insurance claim, or dispute.
Authenticity. To the best of your knowledge, the Item is a genuine article and not a counterfeit, replica, bootleg, or unauthorized reproduction.
Accuracy. All information you have provided about the Item — including its identity, quantity, completeness, and condition, and any statement that it is damaged — is accurate and not misleading, and you have not concealed any material defect.
Condition. The Item is free of the conditions listed in Section 12.3.
Legal compliance. Your sale of the Item complies with all applicable federal, state, and local laws, including any consumer product safety, recall, and hazardous materials requirements.
Authority. You are of legal age and capacity, and if you are acting as an Adult under Section 4, you have the authority to bind yourself with respect to Items belonging to the Minor in your household.

These representations and warranties are made as of the date of submission and are repeated as of the date the Shipment is delivered to After6. They survive acceptance, payment, and termination of these Terms.

10. Shipping, Inspection, Title, and Risk of Loss

10.1 Seller ships at seller's expense

Unless After6 expressly states otherwise in writing for a particular Lot, or After6 issues a Prepaid Label for the Lot under Section 10.9, you are responsible for arranging and paying for shipping the Lot to After6, and for the cost of adequate packaging, insurance, and tracking. Where After6 issues a Prepaid Label, After6 pays the postage on that label, and you remain responsible for packaging.

10.2 Shipping instructions

You must ship in accordance with the instructions provided to you after submission, including the shipping address, packaging guidance, and any reference number. Shipments sent to an address other than the one provided, or without the required reference information, may not be identified or credited to your Lot.

10.3 Risk of loss in transit

Except as provided in Section 10.9 for Shipments sent with a Prepaid Label, risk of loss and damage in transit to After6 remains with you until the Shipment is delivered to and accepted by After6 at the designated address. In all other cases, After6 is not responsible for a Shipment that is lost, delayed, damaged, misdelivered, or stolen in transit. Any claim for such a loss is between you and the carrier. We strongly encourage you to use a tracked and insured shipping method.

10.4 Inspection

After6 will inspect the Shipment within a reasonable time after delivery. Inspection may include verifying identity, quantity, completeness, condition, functionality, and authenticity, and comparing the contents against your Lot and any Photographs.

10.5 Title

Title to an Item passes from you to After6 upon After6's express written acceptance of that Item following inspection, and not before. Items in After6's possession that have not been accepted remain your property, subject to Section 10.7.

10.6 Discrepancies

If the Shipment does not match the Lot — because Items are missing, quantities differ, condition is materially worse than stated, or Items are not authentic — After6 may, in its discretion: (a) decline the affected Items; (b) decline the entire Lot; (c) issue a counter-offer under Section 8.8; or (d) accept the Shipment as an amended Lot at adjusted prices, subject to your written agreement.

10.7 Return of declined Items

After6 will return declined Items to you at After6's expense, to the address of record on your Account, within a reasonable period after the decline decision, except that:

After6 is not obligated to return counterfeit Items (Section 11);
After6 is not obligated to return Items that are unsafe, unsanitary, or unlawful to ship (Section 12.3), and may dispose of them; and
After6 may, at its option, offer you a de minimis cash settlement in place of return where the cost of return shipping would exceed the value of the declined Items, which you may accept or decline.

After6's obligation to return is limited to one return attempt to the address of record. If a return Shipment is undeliverable and you do not provide a correct address within thirty (30) days of our notice to you, the Items are deemed abandoned and After6 may dispose of them without further obligation or liability.

10.8 No storage obligation

After6 is a bailee for the sole benefit of the depositor with respect to unaccepted Items and owes only a duty of slight care. After6 has no obligation to store, insure, or preserve unaccepted Items beyond the periods described in this Section.

10.9 Prepaid shipping labels

After6 will purchase a Prepaid Label for the Shipment of a Lot when all of the following conditions are met:

Value. After6 has reviewed the Lot and approved Items for shipment, and the total price of the approved Items — using the Offer Price, or the counter-offer price where you have accepted a counter-offer — is fifty U.S. dollars ($50.00) or more. Items After6 has declined do not count toward that total. Approval of Items for shipment is not acceptance under Section 8.5.
Photograph. You have uploaded through the Portal at least one Photograph that shows every approved Item, together with a handwritten slip showing the Lot number and a date on or after the date the Lot was submitted, legible in the same frame, and After6 has confirmed that the Photograph meets this requirement. This is the one case in which a Photograph is required; Section 14.1 otherwise applies.
Box details. You have provided, through the Portal, the length, width, and height of the box you will ship and its packed weight.
Ship-from address. You have provided, through the Portal, the name and United States address from which the Shipment will be sent.

Information and Photographs you provide under this Section are covered by your representations and warranties in Section 9.

Delivery of the label. After6 will send the Prepaid Label as a PDF file by email to the verified email address on your Account. The Portal does not generate or store labels.

Use of the label. A Prepaid Label may be used only once, only for the Shipment of the Lot for which it was issued, only for the Items After6 approved for shipment, only from the ship-from address you provided, and only within any validity period stated on the label or in the email that delivers it. You may not copy, alter, sell, or transfer a Prepaid Label. After6 may void a Prepaid Label that has not been used.

Misuse. If a Prepaid Label is used in breach of this Section, or if a condition in this Section was satisfied by a false or misleading statement or Photograph, After6 may, in addition to its other remedies: (a) void the label and any other Prepaid Label issued to you; (b) recover the cost of the label, and any additional charge the carrier assesses because the Shipment's size, weight, or origin differs from what you provided, by demand or by set-off under Section 13.6; (c) decline to issue Prepaid Labels to your Account in the future; and (d) act under Section 5.2 or Section 19.

Insurance. After6 will insure each Shipment sent with a Prepaid Label, through the carrier's insurance or declared-value coverage, for at least the agreed value of the Items approved for shipment. The agreed value of an Item is the price that counted toward the $50.00 total under condition 1 above, multiplied by its quantity.

Loss or damage in transit. If a Shipment sent with a Prepaid Label is lost, stolen, destroyed, or damaged in transit, and the Shipment was packed adequately, contained only the Items After6 approved for shipment, and was sent in accordance with this Section and the carrier's terms, After6 will file an insurance claim with the carrier promptly after it learns of the loss or damage, will pursue the claim in good faith, and will tell you the outcome. You agree to cooperate fully with After6 in the claim, including by providing proof of mailing, proof of value, and any other information or materials the carrier requests.

If the carrier pays the claim, After6 will pay you the amount the carrier pays for the affected Items, up to their agreed value. After6 will make that payment in the manner described in Section 13, within a commercially reasonable time after it receives the carrier's payment, and aims to do so within five (5) business days. This obligation continues even if your offer has lapsed under Section 8.7. An Item for which After6 pays you under this paragraph becomes After6's property.

If the carrier denies the claim, After6 has no obligation to pay you for the affected Items. Damaged Items that were delivered to After6 remain your property and are returned under Section 10.7. The loss of Items that were not delivered remains with you under Section 10.3.

The four paragraphs above, beginning with "Insurance," are the only exception to Section 10.3.

Returns. Returns of declined Items are governed by Section 10.7, whether or not the Shipment used a Prepaid Label.

Changes to the program. After6 may change or discontinue the prepaid label program at any time. Under Section 1.5, a change applies only to Lots submitted after it takes effect.

11. Counterfeit and Unauthorized Items

Counterfeit and bootleg Skylanders figures circulate widely in the secondary market. You may possess one without knowing it, and that alone is not an accusation of bad faith.

11.1 No payment

After6 does not purchase counterfeit, replica, bootleg, or unauthorized reproduction Items. No payment is due for any such Item, and any Offer Price stated for it in a Lot is void.

11.2 Counterfeit Items are not returned

Items that After6 determines to be counterfeit or otherwise infringing will not be returned to you. After6 will withhold and dispose of or destroy such Items. Returning them would place infringing goods back into commerce, which After6 will not do. You waive any claim against After6 arising from the withholding, disposal, or destruction of an Item under this Section, and you acknowledge that After6's good-faith determination is final for purposes of these Terms.

11.3 Notification

After6 will notify you when it withholds an Item under this Section, will identify the Item, and will, where practicable, describe the basis for its determination.

11.4 Repeat or knowing submissions

Repeated submission of counterfeit Items, or submission of a counterfeit Item with knowledge that it is counterfeit, is a material breach of these Terms and grounds for termination under Section 19, for cancellation of purchases and reclaim of payment under Section 5.3, and for reporting to the affected rights holder or to law enforcement.

11.5 Reporting

After6 may report suspected counterfeit, stolen, or unlawfully obtained Items, together with associated Account information, to rights holders, payment providers, and law enforcement, as described in the Privacy Policy.

12. Items We Purchase and Items We Will Not Accept

12.1 Scope

After6 purchases Skylanders game figures, game disks, and accessory items as described on the Buy List, and such other items as After6 may from time to time add.

12.2 Condition standards

Items are purchased on the basis of the condition category you select. Condition descriptions published on the Portal are the operative definitions. Where you have identified an Item as damaged, we ask that you photograph the damage.

12.3 Items we will not accept

Do not include in a Shipment, and do not offer in a Lot, any item that:

is contaminated by mold, mildew, insects or other pests, rodent activity, smoke damage, pet waste, or any biological or chemical hazard;
is wet, water-damaged, or emits a persistent odor;
contains a leaking, swollen, corroded, or damaged battery;
is subject to a consumer product safety recall;
is a hazardous material as defined by the applicable carrier or by 49 C.F.R. Parts 100–185; or
is otherwise unlawful to sell, ship, or possess.

After6 may refuse, quarantine, dispose of, or destroy any such item without return and without payment, and may charge you the reasonable cost of safe disposal. After6 is not liable for any loss arising from the disposal of an item under this Section.

13. Payment

13.1 When payment is due

Payment for accepted Items becomes due only after After6 has issued an express written acceptance under Section 8.5. After6 will make payment within a commercially reasonable time thereafter, and aims to do so within five (5) business days of acceptance.

13.2 Method

After6 expects to make payment by electronic transfer through PayPal, and may in its discretion use PayPal Goods and Services payments or another electronic payment method offering comparable transaction protections. After6 reserves the right to determine and change the payment method it uses, and to offer alternative methods, including payment by check. The payment method available for a given Lot will be identified to you before or at acceptance.

13.3 Payment details are your responsibility

You are responsible for providing and maintaining accurate payment details, including the correct PayPal account email address. After6 is not responsible for a payment sent, in accordance with your instructions, to an account you do not control, or for fees, currency conversion, or delays imposed by the payment provider.

13.4 Third-party payment providers

Payments are processed by third-party providers under their own terms and privacy policies. After6 does not collect or store your full financial account credentials. Your relationship with the payment provider is your own.

13.5 Currency, taxes, and reporting

All amounts are stated and paid in United States dollars. You are solely responsible for determining and satisfying any tax obligation arising from your sale of Items to After6, including any income tax reporting. After6 does not provide tax advice. After6 may require a completed IRS Form W-9 or other taxpayer information before making payment where After6 believes it may have an information-reporting obligation, and may withhold payment until it is provided.

13.6 Set-off

After6 may set off against any amount payable to you any amount you owe to After6, including amounts recoverable under Section 5.3.

13.7 Unclaimed payments

If a payment to you is returned, rejected, or remains unclaimed, After6 will make reasonable efforts to reach you at the contact information on your Account. Unclaimed amounts are handled in accordance with the applicable unclaimed property law of the Commonwealth of Pennsylvania.

14. Photographs and Other Content You Submit

14.1 Photographs are optional

You may, and we encourage you to, upload Photographs of your Lot. Photographs are not required to submit a Lot, and a Lot will not be rejected solely because it has no Photographs. Photographs help us evaluate condition accurately and reduce disputes.

14.2 Your warranties about Photographs

You represent and warrant that: you took the Photographs or have the right to submit them; they depict the actual Items in the Lot you are offering, in their present condition; they are not taken from any other source; and they do not depict any identifiable person other than yourself, or any content that is unlawful, obscene, or infringing.

14.3 Limited license — transaction use only

You retain ownership of your Photographs. You grant After6 a non-exclusive, royalty-free, worldwide license to store, reproduce, adapt, and display your Photographs solely for the purpose of evaluating, processing, documenting, and resolving disputes relating to your Lot and the resulting transaction, and for After6's internal record-keeping, fraud prevention, and legal compliance purposes.

After6 will not publish your Photographs, use them in advertising or marketing, or use them as catalog imagery, without your separate express consent. This license is limited to the purposes stated in this Section and terminates when After6 deletes the Photographs in accordance with its retention schedule, except to the extent After6 must retain a copy to comply with law or to resolve a pending dispute.

14.4 Handling of Photographs

Photographs are not served on any public URL and are accessible only to you and to authorized After6 personnel. Location and other embedded metadata (EXIF) is removed when Photographs are received. Retention is described in the Privacy Policy.

14.5 Deletion by you

You may delete a Photograph while your Lot is in pending status. Once a Lot has moved beyond pending status, Photographs form part of the transaction record and can no longer be deleted by you, because they may be needed as evidence of condition.

14.6 Other content

Any other content, feedback, suggestion, or idea you submit to After6 that is not a Photograph and not personal information may be used by After6 without restriction, obligation, or compensation.

14.7 Removal

After6 may remove any submitted content that it believes, in its discretion, violates these Terms or applicable law.

15. Acceptable Use of the Portal

You agree not to:

use the Portal for any unlawful purpose or in violation of these Terms;
use any robot, spider, scraper, crawler, or other automated means to access, monitor, copy, or extract the Buy List, pricing data, catalog data, or any other portion of the Portal, or to circumvent any measure used to prevent or limit such access;
copy, reproduce, republish, sell, resell, license, or otherwise commercially exploit any part of the Portal, including Buy List pricing, without our prior written consent;
attempt to gain unauthorized access to the Portal, other Accounts, or any system or network connected to the Portal;
probe, scan, or test the vulnerability of the Portal, or breach or circumvent any security or authentication measure;
upload or transmit any virus, malware, or other harmful code, or any file that is not what it purports to be;
impose an unreasonable or disproportionately large load on the Portal's infrastructure, or interfere with its proper working;
access or attempt to access another user's Account, Lot, or Photographs;
use the Portal to harass, abuse, threaten, or defraud any person, including After6 personnel; or
remove, obscure, or alter any proprietary notice on the Portal.

We may investigate and take legal action against any violation, and may suspend or terminate access without notice.

16. Intellectual Property

16.1 After6's rights

The Portal and all content on it that is created or compiled by After6 — including the Buy List and its pricing, the Skylanders reference catalog and its organization, text, graphics, logos, software, and the selection, coordination, and arrangement of all of it — is owned by After6 or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. The Buy List and its pricing constitute valuable proprietary business information of After6.

16.2 Limited license to you

Subject to your compliance with these Terms, After6 grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Portal for the personal, non-commercial purpose of offering Items for sale to After6. No other right is granted.

16.3 Trademarks of others — no affiliation with Activision

"Skylanders," "Skylanders Spyro's Adventure," "Skylanders Giants," "Skylanders SWAP Force," "Skylanders Trap Team," "Skylanders SuperChargers," "Skylanders Imaginators," and related names, characters, logos, and imagery are trademarks and copyrighted works of Activision Publishing, Inc. and/or its affiliates.

After6 Services LLC is an independent reseller of pre-owned goods. After6 is not affiliated with, authorized by, sponsored by, endorsed by, or in any way officially connected with Activision Publishing, Inc., Activision Blizzard, Inc., Toys for Bob, Vicarious Visions, or any of their subsidiaries or affiliates. All product names, trademarks, and registered trademarks are the property of their respective owners, and are used on the Portal solely for the purpose of identifying and describing the pre-owned goods After6 purchases and the pre-owned goods After6 offers for resale. Such use is nominative and descriptive only, and does not imply any affiliation or endorsement.

16.4 Copyright complaints

If you believe content on the Portal infringes your copyright, please send a notice containing the elements required by 17 U.S.C. § 512(c)(3) to the address in Section 26, marked "DMCA Notice." We will respond in accordance with the Digital Millennium Copyright Act and may remove the material and terminate the accounts of repeat infringers.

17. Disclaimers

17.1 The Portal is provided "as is"

THE PORTAL AND ALL CONTENT, INFORMATION, AND SERVICES ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, AFTER6 DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

17.2 No warranty of availability or accuracy

AFTER6 DOES NOT WARRANT THAT THE PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PORTAL OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF HARMFUL COMPONENTS. AFTER6 DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR CURRENCY OF THE BUY LIST OR ANY OTHER CONTENT ON THE PORTAL.

17.3 No appraisal or advice

After6 does not appraise, authenticate, or advise you on the value of any Item, whether or not it accepts a Lot. Buy List prices are not appraisals. You are solely responsible for deciding whether to sell.

18. Limitation of Liability

18.1 Exclusion of indirect damages

TO THE FULLEST EXTENT PERMITTED BY LAW, AFTER6 AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR COLLECTIBLE OR SENTIMENTAL VALUE, ARISING OUT OF OR RELATING TO THE PORTAL, A LOT, A SHIPMENT, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF AFTER6 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2 Cap on liability

AFTER6'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PORTAL, ANY LOT, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT AFTER6 PAID OR AGREED TO PAY YOU FOR THE LOT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS ($100.00).

18.3 Items in transit

EXCEPT AS PROVIDED IN SECTION 10.9, AFTER6 HAS NO LIABILITY FOR ANY ITEM LOST, DAMAGED, DELAYED, OR STOLEN IN TRANSIT, IN EITHER DIRECTION. For Shipments to After6, risk of loss is governed by Section 10.3, and After6's obligation for a Shipment sent with a Prepaid Label is limited to its obligations under Section 10.9. For returns, After6's liability is limited to the cost of the return shipping After6 paid.

18.4 Basis of the bargain

You acknowledge that the disclaimers in Section 17 and the limitations in this Section 18 are an essential basis of the bargain between you and After6, that After6 would not offer the Portal without them, and that they apply even if a limited remedy fails of its essential purpose.

18.5 State law

Some jurisdictions do not allow the exclusion or limitation of certain damages. To that extent, the limitations in this Section may not apply to you.

19. Suspension and Termination

19.1 By After6

After6 may suspend or terminate your Account and your access to the Portal, in whole or in part, at any time, with or without cause and with or without notice, including for the reasons set out in Section 5, for breach of Section 9 or Section 15, or where After6 believes continued access presents a risk of loss or legal exposure.

19.2 Effect

Upon termination, your license under Section 16.2 ends immediately. Termination does not affect: any Lot already accepted; any obligation to pay or to return payment; or any provision of these Terms that by its nature survives.

19.3 Survival

Sections 5.3, 9, 10.3, 10.5, 10.9, 11, 13.5, 13.6, 14, 16, 17, 18, 20, 21, and 22 through 27 survive termination.

20. Indemnification

You agree to indemnify, defend, and hold harmless After6 and its members, managers, officers, employees, agents, and contractors from and against any claim, demand, action, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms, including any representation or warranty in Section 9; (b) any Item you offer or ship to After6, including any claim that it is stolen, counterfeit, infringing, unsafe, or subject to a third party's rights; (c) your use of the Portal; (d) any activity conducted through your Account, including activity by a Minor under Section 4; or (e) your violation of any law or of the rights of any third party.

After6 may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate.

21. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT DESCRIBES HOW DISPUTES BETWEEN YOU AND AFTER6 MUST BE RESOLVED, INCLUDING WHERE A CLAIM MAY BE FILED AND YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION.

21.1 Informal resolution first

Before commencing a small claims action or a lawsuit, you and After6 agree to try to resolve the dispute informally. You must send a written notice describing the dispute and the relief sought to the address in Section 26. After6 will send its notice to the email address on your Account. The parties agree to negotiate in good faith for sixty (60) days from receipt of the notice. This period is a condition precedent to filing suit, and the applicable statute of limitations is tolled during it.

21.2 Small claims option

If informal resolution under Section 21.1 does not resolve the dispute, either party may bring an individual claim arising out of or relating to the Portal, any Lot, or these Terms in small claims court (or the equivalent court under the law of the state with jurisdiction over the claim), rather than in the courts identified in Section 22.2, provided the claim qualifies for that court's jurisdictional limits and procedures and remains an individual claim throughout. A claim that does not qualify for small claims court, or that is removed, transferred, or dismissed from it for lack of jurisdiction, must be brought exclusively in the courts identified in Section 22.2.

This Section does not require After6 to use small claims court when seeking temporary or preliminary injunctive relief to protect its intellectual property rights or to prevent unauthorized access to or misuse of the Portal; After6 may bring such an action directly in the courts identified in Section 22.2.

21.3 Class action waiver

YOU AND AFTER6 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, WHETHER IN SMALL CLAIMS COURT OR IN THE COURTS IDENTIFIED IN SECTION 22.2.

If this Section 21.3 is found unenforceable as to a particular claim or request for relief, that claim or request may proceed on a class, collective, consolidated, or representative basis only in the courts identified in Section 22.2, and the remainder of this Section 21 will continue to apply to all other claims.

21.4 Jury trial waiver

TO THE EXTENT A DISPUTE PROCEEDS IN THE COURTS IDENTIFIED IN SECTION 22.2 RATHER THAN IN SMALL CLAIMS COURT, YOU AND AFTER6 EACH WAIVE ANY RIGHT TO A JURY TRIAL.

21.5 Time limit

Any claim arising out of or relating to the Portal or these Terms must be brought within one (1) year after it arises, or it is permanently barred, to the extent such a limitation is permitted by applicable law.

22. Governing Law and Venue

22.1 Governing law

These Terms, and any dispute arising out of or relating to them or to the Portal, are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles, and by applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22.2 Venue

Except for an individual claim brought in small claims court under Section 21.2, you and After6 consent to the exclusive jurisdiction and venue of the state courts sitting in Bucks County, Pennsylvania, and the United States District Court for the Eastern District of Pennsylvania, for any dispute arising out of or relating to the Portal, any Lot, or these Terms, and each party waives any objection to that venue on grounds of inconvenient forum.

23. Confidentiality of Business Information

Buy List pricing, purchase offers, counter-offers, and other commercial terms After6 communicates to you are provided for your use in deciding whether to sell to After6. You agree not to publish, aggregate, redistribute, or supply them to any competitor of After6 or to any commercial data service.

24. Electronic Communications and Consent

24.1 Consent to electronic records

You consent to receive communications from us electronically, including by email to the address on your Account and by notice posted on the Portal. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing, consistent with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Pennsylvania Electronic Transactions Act.

24.2 Electronic signatures

Your act of clicking to accept these Terms, submitting a Lot, or accepting a counter-offer through the Portal constitutes your electronic signature and is legally binding.

24.3 Transactional and marketing messages

Transactional messages — email verification, submission confirmations, shipping instructions, Prepaid Labels, offer and payment notices, and photo reminders — are a necessary part of the service and cannot be opted out of while you have an active Account or an open Lot. Any marketing email will include an unsubscribe mechanism.

24.4 Technical requirements

To receive electronic communications you need a working email address and a device capable of receiving and displaying email and viewing web pages. You may withdraw consent to electronic records only by closing your Account.

25. General Provisions

25.1 Entire agreement

These Terms, together with the Privacy Policy and any Lot-specific terms After6 presents to you at submission or acceptance, constitute the entire agreement between you and After6 with respect to the Portal, and supersede all prior or contemporaneous understandings.

25.2 Order of precedence

If there is a conflict, the express written acceptance for a particular Lot controls over these Terms as to that Lot; these Terms control over any other content on the Portal.

25.3 Severability

If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed, and the remaining provisions will continue in full force. Section 21.3 is governed by its own severability rule.

25.4 No waiver

After6's failure to enforce any provision is not a waiver of it.

25.5 Assignment

You may not assign or transfer these Terms or any right under them without After6's prior written consent, and any attempt to do so is void. After6 may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

25.6 Force majeure

After6 is not liable for any delay or failure to perform caused by circumstances beyond its reasonable control, including acts of God, natural disaster, epidemic, labor dispute, carrier failure, utility or network outage, cyberattack, or governmental action.

25.7 No third-party beneficiaries

These Terms create no rights in any person other than you and After6, except that the persons identified in Sections 18 and 20 are intended beneficiaries of those Sections.

25.8 Relationship

Nothing in these Terms creates any partnership, joint venture, employment, agency, or franchise relationship between you and After6.

25.9 Headings

Headings are for convenience only and do not affect interpretation.

25.10 Interpretation

"Including" means "including without limitation." These Terms will not be construed against the drafter.

26. Contact and Notices

Notices to After6 under these Terms — including notices under Sections 21.1 and 16.4 — must be sent in writing to:

After6 Services LLC
Attn: Legal — Skylanders Portal
PO Box 646
Rushland, PA 18956
United States

Notices sent by mail are effective upon receipt. General inquiries may be sent to customer.service@after6services.com.

Notices to you are effective when sent to the email address on your Account or posted on the Portal.

27. Acknowledgment

By using the Portal, you acknowledge that you have read these Terms, understand them, and agree to be bound by them — including the small claims option, exclusive venue, and class action waiver in Section 21, the limitation of liability in Section 18, and the age requirement in Sections 3 and 4.

Terms of Service — Rushland, Pennsylvania