Terms of Use

To use the Swappa site and service you must abide by these terms and conditions.

Last updated December 1, 2010.

Human Version

The "Human Version" of the terms is just for summarizing the "Legal Version". The "Legal Version" is the real version.

Services & Fees

  • Swappa is a facilitator of sales. We are not a retailer, re-seller, or middleman.
  • For facilitating the sale and providing other services, we take a small fee.

Buying & Selling

  • Swappa is not liable if a seller lies, cheats or steals from you.
  • We will do our best to prevent fraud and help you resolve problems that do arise.

Privacy

  • We keep your private information private. We have no interest in stealing or selling such information.
  • Buyers and Sellers have more information available about each other.

Content

  • This site allows the creation of listings, comments and other content for all the world to see.
  • We are not liable for what our users post, but we will use our best efforts to monitor it.

Legal Version

Swappa Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY SWAPPA, LLC. ("SWAPPA"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP:SWAPPA.COM (THE "SITE") AND ALL SERVICES PROVIDED BY REDBIRD SOFTWARE ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

If you have any questions, please refer to the Help section of the Site.

1. Swappa is a Venue

Swappa acts as a venue to allow users who comply with Swappa's policies to offer, sell and buy certain electronic goods within a fixed-price format. Swappa is not directly involved in the transaction between buyers and sellers. As a result, Swappa has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Swappa does not pre-screen users or the content or information provided by users. Swappa cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Swappa does not transfer legal ownership of items from the seller to the buyer.

Swappa cannot guarantee the true identity, age, and nationality of a user. Swappa encourages you to communicate directly with potential transaction partners through the tools available on the Site.

You agree that Swappa is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Swappa. You use the Swappa service at your own risk.

2. Membership Eligibility

Age: Swappa's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Swappa may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Swappa's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Swappa's policies as stated in the Agreement and the Swappa policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Swappa, each of which is incorporated herein by reference and each of which may be updated by Swappa from time to time without notice to you:

1. Privacy Policy 2. Fees Policy

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Swappa from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Swappa of any unauthorized use of your password or any breach of security. You also agree that Swappa cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Swappa without Swappa's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Swappa you must provide and maintain valid payment information such as a valid PayPal account.

Account Transfer: You may not transfer or sell your Swappa account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Swappa's services are not available to temporarily or indefinitely suspended Swappa members. Swappa reserves the right, in Swappa's sole discretion, to cancel unconfirmed or inactive accounts. Swappa reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Services

Joining and creating a listing on Swappa is free. Swappa may charge fees for listing an item for sale, as well as a fee for the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Swappa's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Swappa's services are effective after Swappa provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Swappa may choose to temporarily change the Fees Policy and the fees for Swappa's services for promotional events (for example, free listing days); such changes are effective when Swappa posts the temporary promotional event on the Site. Swappa may, at Swappa's sole discretion, change some or all of Swappa's services at any time. In the event Swappa introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

You are responsible for paying all fees and applicable taxes associated with using Swappa.

4. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Swappa's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.

Return Policies: All sellers are urged to outline return policies for their listing. Sellers must create reasonable policies in good faith and must abide by such policies. All return policies must comply with Swappa's site-wide policies. Sellers are responsible for enforcing their own reasonable policies. Swappa reserves the right to request that a seller modify a listing return policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Swappa and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Swappa.

Restricted Activities: Your Content and your use of Swappa shall not:

1. Be false, inaccurate or misleading 2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items 3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Swappa's Copyright and Intellectual Property Policy) 4. Violate this Agreement, The DOs & DON'Ts of Swappa, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) 5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall 6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Swappa staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device 7. Be obscene or contain child pornography 8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information 9. Host images not part of a listing 10. Modify, adapt or hack Swappa or modify another website so as to falsely imply that it is associated with Swappa; 11. Appear to create liability for Swappa or cause Swappa to lose (in whole or in part) the services of Swappa's ISPs or other suppliers 12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, The DOs & DON'Ts of Swappa, or other policy documents as posted on Swappa.

Furthermore, you may not list any item on Swappa (or consummate any transaction that was initiated using Swappa's service) that, by paying to Swappa the listing fee or the final value fee, could cause Swappa to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: Swappa does not claim ownership rights in your Content. You grant Swappa a license solely to enable Swappa to use any information or Content you supply Swappa with, so that Swappa is not violating any rights you might have in that Content. You grant Swappa a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Swappa to store or re-format your Content on Swappa and display your Content on Swappa in any way as Swappa chooses. Swappa will only use personal information in accordance with Swappa's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Swappa user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Swappa-related communications. Swappa has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Swappa user to your email or physical mail list. For more information, see Swappa's Privacy Policy.

Re-Posting Content: By posting Content on Swappa, it is possible for an outside website or a third party to re-post that Content. You agree to hold Swappa harmless for any dispute concerning this use. If you choose to display your own Swappa-hosted image on another website, the image must provide a link back to its listing page on Swappa.

Idea Submissions: Swappa considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Swappa shall not be liable for the disclosure or use of such Material. If, at Swappa's request, any member sends Material to improve the site (for example through the Forums or to customer support), Swappa will also consider that Material to be non-confidential and non-proprietary and Swappa will not be liable for use or disclosure of the Material. Any communication by you to Swappa is subject to this Agreement. You hereby grant and agree to grant Swappa, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. Information Control

Swappa does not control the Content provided by users that is made available on Swappa. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Swappa, you agree to accept such risks and that Swappa (and Swappa's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Swappa. Please use caution, common sense, and practice safe buying and selling when using Swappa.

Other Resources: Swappa is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Swappa does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Swappa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Resolution of Disputes and Release

In the event a dispute arises between you and Swappa, please contact Swappa.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Platte County, Missouri, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Western District of Missouri. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Swappa agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more users, or an outside party, you release Swappa (and Swappa's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Swappa encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Swappa, for the benefit of users, may try to help users resolve disputes. Swappa does so in Swappa's sole discretion, and Swappa has no obligation to resolve disputes between users or between users and outside parties. To the extent that Swappa attempts to resolve a dispute, Swappa will do so in good faith based solely on Swappa's policies. Swappa will not make judgments regarding legal issues or claims.

9. Swappa's Intellectual Property

Swappa, and other Swappa graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Swappa, LLC in the U.S. and/or other countries. Swappa's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

10. Access and Interference

Swappa may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Swappa is updated on a real-time basis and is proprietary or is licensed to Swappa by Swappa's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Swappa for any purpose whatsoever, except to the extent expressly permitted by and in compliance with Swappa's API Terms of Use or otherwise without Swappa's prior express written permission. Additionally, you agree that you will not:

1. Take any action that imposes, or may impose, in Swappa's sole discretion, an unreasonable or disproportionately large load on Swappa's infrastructure 2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site except to the extent expressly permitted by and in compliance with Swappa's API Terms of Use or otherwise without the prior express written permission of Swappa and the appropriate third party, as applicable 3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site 4. Bypass Swappa's robot exclusion headers or other measures Swappa may use to prevent or restrict access to Swappa

11. Breach

Without limiting any other remedies, Swappa may, without notice, and without refunding any fees, delay or immediately remove Content, warn Swappa's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Swappa suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Swappa is unable to verify or authenticate any of your personal information or Content; or Swappa believes that a user is acting inconsistently with the letter or spirit of Swappa's policies, has engaged in improper or fraudulent activity in connection with Swappa or the actions may cause legal liability or financial loss to Swappa's users or to Swappa.

12. Privacy

Except as provided in Swappa's Privacy Policy Swappa will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Swappa stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

13. No Warranty

SWAPPA, SWAPPA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SWAPPA'S SUPPLIERS PROVIDE SWAPPA'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SWAPPA, SWAPPA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SWAPPA'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SWAPPA SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

14. Liability Limit

IN NO EVENT SHALL SWAPPA, AND (AS APPLICABLE) SWAPPA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SWAPPA'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, SWAPPA'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

SWAPPA'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SWAPPA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SWAPPA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD SWAPPA AND (AS APPLICABLE) SWAPPA'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

16. No Guarantee

Swappa does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Swappa's control.

17. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Swappa service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Swappa's net income).

18. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

19. No Agency

You and Swappa are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20. Swappa Service

Swappa reserves the right to modify or terminate the Swappa service for any reason, without notice, at any time. Swappa reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Swappa makes a material change Swappa will notify you here, by email, by means of a notice on our home page, or other places Swappa deems appropriate. What constitutes a "material change" will be determined at Swappa's sole discretion, in good faith, and using common sense and reasonable judgment.

21. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Missouri, excluding its conflicts of laws rules, and the United States of America.

22. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Swappa; Attn: Legal Department; 6324 N Chatham Ave, #309; Kansas City, MO 64151 (in the case of Swappa) or, in your case, to the email address you provide to Swappa (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Swappa may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Swappa. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please provide the notice as specified in Swappa's Copyright and Intellectual Property Policy.

23. Disclosures

The services hereunder are offered by Swappa, LLC, located at 6324 N Chatham Ave, #309, Kansas City, MO 64151.