Privacy
Using Swapscity In connection with using or accessing the Services you will not: post, list or upload content or items in inappropriate categories or areas on our sites; breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status; use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools; fail to pay for items purchased by you, unless you have a valid reason as set out in an Swapscity policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy); fail to deliver items sold by you, unless you have a valid reason as set out in an Swapscity policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer; manipulate the price of any item or interfere with any other user's listings; post false, inaccurate, misleading, deceptive, defamatory, or libelous content; take any action that may undermine the feedback or ratings systems (see about our Feedback policies); transfer your Swapscity account (including Feedback) and user ID to another party without our consent; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Swapscity or the interests or property of users; use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Swapscity; interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; export or re-export any Swapscity application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Swapscity. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Swapscity or someone else; infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you; commercialize any Swapscity application or any information or software associated with such application, except with the prior express permission of Swapscity; harvest or otherwise collect information about users without their consent; or circumvent any technical measures we use to provide the Services. Sellers must meet Swapscity's minimum performance standards. Failure to meet these standards may result in Swapscity charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account. If we believe you are abusing Swapscity in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion. Policy Enforcement When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. Fees The fees we charge for using our Services are listed on our Standard Selling Fees page. We may change our seller fees from time to time by posting the changes on the Swapscity site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees. You must have a payment method on file when selling on Swapscity and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and, for accounts over 180 days past due, request that PayPal deduct the amount owed from your PayPal account balance. In addition, you will be subject to late fees. Swapscity, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Swapscity reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at Swapscity Inc., C/O Global Collections, 7700 West Parmer Lane, Building D, Austin, TX 78729. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Swapscity account, you must contact the collection agency directly. Listing Conditions When listing an item, you agree to comply with Swapscity's rules for listing and Selling Practices policy and that: You are responsible for the accuracy and content of the listing and item offered; Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Swapscity can't guarantee exact listing durations; Content that violates any of Swapscity's policies may be deleted at Swapscity's discretion; We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to: buyer's location, search query, browsing site, and history; item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; seller's history, including listing practices, Detailed Seller Ratings, Swapscity policy compliance, Feedback, and defect rate; and number of listings matching the buyer's query. To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer. Some advanced listing upgrades will only be visible on certain Services. Swapscity's Duplicate Listing Policy may also affect whether your listing appears in search results. Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results. We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers. Purchase Conditions When buying an item, you agree to the rules for buyers and that: You are responsible for reading the full item listing before making a bid or commitment to buy. You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted). For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller. We do not transfer legal ownership of items from the seller to the buyer. Utah Code Annotated ? 70A-2-401(2) and Uniform Commercial Code ? 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. International Buying and Selling; Translation Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. If you purchase an item on an Swapscity site other than Swapscity.com, you are subject to the User Agreement of that other Swapscity site with respect to that particular purchase. You may list your items directly on one or more of Swapscity's international sites. Additionally, you may direct us to display your listing on Swapscity sites other than the original Swapscity listing site, including where you choose to list an item with an international shipping option (such as worldwide shipping or the Global Shipping Program): the appearance of your listings on these sites is not guaranteed. When you sell your items internationally, you agree to be subject to that other site's User Agreement, policies, and the Swapscity International Selling Policy. You may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings. You authorize us to use automated tools to translate your Swapscity content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed. Content When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against Swapscity, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Swapscity takes no responsibility and assumes no liability for any content provided by you or any third party. We may offer catalogs including, for example, product images, descriptions and specifications that are provided by third parties (including Swapscity users). You may use catalog content solely in your Swapscity listings. The permission to use catalog content is subject to modification or revocation at any time at Swapscity's sole discretion. While we try to offer reliable data, we cannot promise that the catalogs or other content provided through the Services will always be available, accurate, complete, and up-to-date. As a buyer, you agree that Swapscity is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies. As a seller, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold our catalog providers or us responsible for inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within the catalogs and not to create any derivative works based on catalog content (other than by including them in your listings). The name "Swapscity" and other Swapscity marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Swapscity in the U.S. and other countries. They may not be used without the express written prior permission of Swapscity. A non-exhaustive list of our trademarks and the policy governing their use is available here. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Swapscity's Verified Rights Owner (VeRO) program works to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team and we will investigate. Learn how to submit a notice to Swapscity. Holds To protect Swapscity from risk of liability for your actions as a seller, Swapscity has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of an Swapscity Money Back Guarantee case. This may result in PayPal restricting funds in your PayPal account. Authorization to Contact You; Recording Calls Swapscity may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Swapscity may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our User Privacy Notice, Swapscity may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time, including through the communication preferences section of your My Swapscity. Swapscity may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Swapscity to carry out the purposes we have identified above. Swapscity may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Swapscity or its agents for quality control and training purposes, or for its own protection. Privacy of Others; Marketing If Swapscity provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so. Additional Terms Returns and Cancellations Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, Swapscity will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings within My Swapscity. Where settings have been set to automatically accept requests for returns or replacements, an Swapscity-generated return shipping label will be provided to your buyer. You agree to comply with our returns policy. When an item is returned, to refund the buyer, you (as seller) authorize Swapscity to request that PayPal remove the refund amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file. The cost of return shipping for an item that is not as described is the seller's responsibility. You (as seller) authorize Swapscity to place the return shipping label cost on your invoice, subject to your automatic payment method on file when: An Swapscity-generated return shipping label is used, and the seller is responsible for its cost; Returns have been automated; and/or You fail to send your buyer a return shipping label and, instead, an Swapscity-generated shipping label is used. When a transaction is cancelled, to refund the buyer, you (as seller) authorize Swapscity to request that PayPal remove the refund amount (in same or other currency) from your PayPal account. See our Cancellation Policy for more details. Global Shipping Program One of the ways that we may make Swapscity.com listings available to international buyers on Swapscity.com and on Swapscity's International Sites is through the Global Shipping Program. For eligible items located in the United States and purchased by an international buyer through the Global Shipping Program, you (as seller) will simply ship the item to a parcel processing facility located in the United States. Pitney Bowes Inc., a third-party global shipping provider, will oversee the processing, customs clearance, and international shipment of the item on behalf of your international buyer. To the extent a buyer has a question about your Global Shipping Program listings, Swapscity may respond directly to the buyer if the question pertains to the services overseen by Pitney Bowes Inc. (for example, customs or international shipping). You pay no additional fees for selling through the Global Shipping Program. Pursuant to a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations, your buyer, as the Foreign Principal Party in Interest, will agree to assume responsibility for the export shipment, with Pitney Bowes Inc. acting as your buyer's forwarding agent. You remain liable for the accuracy of information you provide about items, and you agree to provide timely responses to requests for additional information. You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by Swapscity to Pitney Bowes Inc., and by Pitney Bowes Inc. to its affiliates, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any item. Swapscity does not control the privacy policies of Pitney Bowes Inc., its affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable. You may prevent your listings from being made available to international buyers through the program by adjusting your account settings within My Swapscity. Additional information about the program, including policies governing feedback, the handling of lost, damaged, and undeliverable items, returns, and the resolution of buyer protection claims for items that you sell through the program, can be found on the Global Shipping Program Seller Policies and Frequently Asked Questions page. Swapscity Money Back Guarantee Most Swapscity sales go smoothly, but if there's a problem with a purchase, the Swapscity Money Back Guarantee helps buyers and sellers communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on any Swapscity Money Back Guarantee case. If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or Swapscity under the Swapscity Money Back Guarantee, you authorize Swapscity to request that PayPal remove the reimbursement amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the Swapscity Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy. Disclaimer of Warranties; Limitation of Liability We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Swapscity's applications may not occur in real time. Such functionality is subject to delays beyond Swapscity's control. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from: the content you provide (directly or indirectly) using the Services; your use of or your inability to use our Services; pricing, shipping, format, or other guidance provided by Swapscity; delays or disruptions in our Services; viruses or other malicious software obtained by accessing or linking to our Services; glitches, bugs, errors, or inaccuracies of any kind in our Services; damage to your hardware device from the use of any Swapscity Service; the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items; a suspension or other action taken with respect to your account or breach of the Abusing Swapscity Section above; the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Swapscity Money Back Guarantee up to the price the item sold for on Swapscity (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability