Terms of Service



USER AGREEMENT AND TERMS OF SERVICE
By using this site, you agree to abide by our terms of service and this Agreement. By using the services on the Swapinator website you are agreeing to all of the following terms. Before you may become a member of Swapinator, you must read and accept all of the terms and conditions in this User Agreement and the Privacy Policy. In addition, when using particular our services, you agree to abide by any applicable posted guidelines which may change from time to time. Should you object to any term or condition or any subsequent modifications thereto or become dissatisfied with Swapinator in any way, your only recourse is to immediately discontinue use of Swapinator.

In general, all services are without charge to non-commercial users. Swapinator attempts to keep swapping as open as possible with will not tolerate or permit swaps of materials which are illegal in any jurisdiction in the United States. In general, we will not allow swaps of materials that are adult only by nature, including but not limited to: alcohol, tobacco, firearms, drugs, body parts of any animal or species, offensive or libelous materials, intellectual property, and pornography. (See our Prohibited list below) You are responsible for knowing what items are illegal in the jurisdiction that you swap items in.

The following also describes the terms on which Swapinator offers you access to our services.
While using Swapinator, you will not:

  • post content or items in an inappropriate category or areas on our sites and services;
  • violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
  • use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
  • fail to swap items, unless the seller has materially changed the item's description after you agreed to swap, a clear typographical error is made, or you cannot authenticate the seller's identity;
  • fail to deliver items swapped from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
  • manipulate the terms of any item or interfere with other user's listings;
  • circumvent or manipulate our swap structure, the billing process, or fees owed to Swapinator;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information) or anything to promote a bait and switch;
  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Swapinator);
  • transfer your Swapinator account (including feedback) and User ID to another party without our consent;
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Swapinator, or the interests or property of Swapinator users;
  • copy, modify, or distribute content from the Sites and Swapinator's copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.  Such harvesting will be viewed as theft as prosecuted as such.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Swapinator email addresses or through Swapinator computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Swapinator computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

TERMINATION OF SERVICE
You agree that Swapinator, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Swapinator believes that you have acted inconsistently with the letter or spirit of the AGREEMENT. Further, you agree that Swapinator shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

Swapinator and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Swapinator works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify our team, and we will investigate.

Penalties
Without limiting other remedies, we may limit, suspend, ban, remove or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a length greater than sixty days.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Swapinator to pursue legal action to enforce these Terms, you will be liable to pay Swapinator the following amounts as liquidated damages, which you accept as reasonable estimates of Swapinator' damages for the specified breaches of these Terms:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Swapinator one thousand dollars ($1,000) for each such message.  This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.

b. If Swapinator establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Swapinator one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Swapinator in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to Swapinator email addresses or through Swapinator computer systems, you agree to pay Swapinator twenty five dollars ($25) for each such email.

d. If you post Content in violation of the Agreement, other than as described above, you agree to pay Swapinator one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Swapinator may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the AGREEMENT, in addition to any liquidated damages under clause (d), you agree to pay Swapinator one hundred dollars ($100) for each and every Item you post in violation of the AGREEMENT.
A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the"Principal"), and the Principal (by engaging the Posting Agent inviolation of the AGREEMENT) agrees to pay Swapinator an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the AGREEMENT.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Swapinator's express written permission, you agree to pay Swapinator three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay Swapinator's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Swapinator retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

g. You agree to pay all attorneys fees, court costs and expenses related to the above sections.

Fees and Services
Joining Swapinator and swapping on listed items is free. We do not charge fees for using our services, such as listing or posting items

Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Swapinator does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Swapinator site and Content available through the Service may contain links to other websites, which are completely independent of Swapinator. Swapinator makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Swapinator be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Swapinator does not pre-screen or approve Content, but that Swapinator shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Agreement or for any other reason.

Liability
You will not hold Swapinator responsible for other users' content, actions or inactions, or items they list. You acknowledge that Swapinator is a tool for introducing swappers and is in no way involved in the actual swapping transaction or the content of any listing. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to swap items, the ability of swappers to swap for items, or that any swapper will actually complete a transaction.

We do not transfer legal ownership of items between swappers. Unless swappers agree otherwise, one swapper will become the item's lawful owner upon physical receipt of the item from the other swapper. Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any unsatisfactory swaps, loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

UNDER NO CIRCUMSTANCES SHALL SWAPINATOR BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SWAPINATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SWAPINATOR SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SWAPINATOR SITE OR THE SERVICE, FROM INABILITY TO USE THE SWAPINATOR SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SWAPINATOR SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SWAPINATOR SITE OR THE SERVICE OR ANY LINKS ON THE SWAPINATOR SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SWAPINATOR SITE OR THE SERVICE OR ANY LINKS ON THE SWAPINATOR SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, if any, and (b) $1.00

Release
If you have a dispute with one or more users, or with Swapinator, you release Swapinator (and our officers, directors, agents, representatives, successors, heirs, executors, administrators, affiliates, subsidiaries, joint ventures, shareholders and employees) from or against any and all such suits, losses, judgments, expenses, costs, liabilities, claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes and our services. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You agree and will indemnify and hold Swapinator (and our officers, directors, agents, representatives, successors, heirs, executors, administrators, affiliates, subsidiaries, joint ventures, shareholders 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 your violation of any law or the rights of a third party.

DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SWAPINATOR SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SWAPINATOR SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SWAPINATOR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SWAPINATOR SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SWAPINATOR DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SWAPINATOR SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SWAPINATOR SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SWAPINATOR DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SWAPINATOR SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of Swapinator and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices
Except as explicitly stated otherwise, legal notices shall be served on Swapinator's registered agent or to the email address you provide to Swapinator during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes
If a dispute arises between you and Swapinator, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Swapinator agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting us at SwapinatorLegal@Swapinator.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
  • Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois between Illinois residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Swapinator must be resolved by a court located in Cook County, Illinois, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes.
  • Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Improperly Filed Claims - All claims you bring against Swapinator must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Swapinator may recover attorneys' fees and costs up to $10,000, provided that Swapinator has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the email address you have provided us. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.

Prohibited and Restricted Items - Overview
Before you list your item, you need to find out if your item is allowed on Swapinator and if the type of item is subject to certain restrictions to avoid potential issues with your listing. As an Swapinator seller, you are ultimately responsible for making sure that selling an item is legal in the eyes of the law.

Violations of these policies may result in a range of actions, including:
  • Listing cancellation
  • Limits on account privileges
  • Account suspension
  • Forfeit of Swapinator fees on cancelled listings
When policy violations occur, Swapinator emails the swappers, that a listing has been ended. You may contact Swapinator to report violations by using the “Contact Us” links found on most pages.

Understanding the rules about prohibited and restricted items
  • Policies about listing items are often based on country and state laws. However, many restrictions may involve the sale of dangerous or sensitive items and are not necessarily prohibited by law. The limitations are the result of input by numerous stakeholders, including the Community. For example, see Offensive Material Policy.
  • When selling across borders, be aware of international trading and import restrictions. Certain items may be legal in your country, but may be illegal elsewhere.
  • Just because a particular type of item is listed below, it does not mean that it is completely prohibited. For example, in the Medical Devices Policy, many items are prohibited (for example, contact lenses), but many others are allowed – under certain circumstances (for example some medical instruments). When in doubt, you should read the policy page carefully. The policy pages contain these details under Additional Information and Examples.
    Note: Examples are designed to help explain the policy and should not be viewed as an exhaustive list.
  • It is also important to review the Rules for Listings and the Rules about Intellectual Property to check if your type of item has additional restrictions that would affect your listing.
Prohibited and Restricted Items List:
  • Adult Only
  • Alcohol
  • Animals and Wildlife Products - examples include live animals, mounted specimens, and ivory 
  • Artifacts - examples include Native American crafts, cave formations, and grave-related items 
  • Cell Phone (Wireless) Service Contracts
  • Charity or Fundraising Listings
  • Contracts
  • Cosmetics, Used
  • Counterfeit Currency and Stamps
  • Credit Cards
  • Drugs & Drug Paraphernalia
  • Drugs, Describing Drugs or Drug-like Substances
  • Electronics Equipment - examples include cable TV de-scramblers and traffic signal control devices
  • Electronic Surveillance Equipment – examples include wiretapping devices, and telephone bugging devices
  • Embargoed Goods and Prohibited Countries - examples include items from Cuba
  • Event Tickets
  • Firearms, Weapons and Knives - examples include pepper spray, replicas and stun guns
  • Government and Transit Documents
  • Government and Transit Uniforms
  • Government IDs and Licenses
  • Hazardous, Restricted, and Perishable Items - examples include batteries, fireworks, and Freon
  • Human Parts and Remains
  • Importation of Goods into the United States - examples include CDs that were intended only for distribution in a certain country
  • International Trading
  • Items Encouraging Illegal Activity – examples include an eBook describing how to create methamphetamine
  • Lockpicking Devices
  • Mailing Lists and Personal Information
  • Medical Devices - examples include contact lenses, pacemakers, and surgical instruments                           
  • Multi-level Marketing, Pyramid and Matrix Programs
  • Offensive Material - examples include ethnically or racially offensive material and Nazi memorabilia 
  • Pesticides
  • Plants
  • Police-Related Items
  • Postage Meters
  • Prescription Drugs
  • Prohibited Services

Sellers are not permitted to offer or solicit services on the Swapinator site that are illegal, sexual in nature or that violate Swapinator’s User Agreement.

  • Recalled Items
  • Slot Machines
  • Stamps
  • Stocks and Other Securities
  • Stolen Property and Property with Removed Serial Numbers
  • Surveillance Equipment
  • Teacher's Edition Textbooks
  • Tobacco
  • Transit and Shipping Related Items - examples include blueprints of transit facilities, airplane operations manuals, and flight attendants’ uniforms
  • Travel
  • Wine
No Spam, Spyware or Spoofing
We and our users do not tolerate spam. You are not licensed to add other Swapinator users, even a user who has swapped an item from you, to your mailing list (email or physical mail) without their express consent. To report Swapinator-related spam or spoof emails to Swapinator, please forward the email to spam@Swapinator.com. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We may automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community (via Refer-a-Friend or other tools), we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.

Account Protection
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Swapinator password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Swapinator and change your password.

Accessing, Reviewing and Changing Your Personal Information
You can see, review and change most of your personal information by signing on to Swapinator. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Swapinator User Agreement, and take other actions otherwise permitted by law.

Security
Your information is stored on our servers. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Third Parties
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Swapinator does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

General
We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the site.

Feedback Policies - Overview
Feedback is a valuable indicator of a buyer’s or seller's reputation on Swapinator. Your Feedback Profile includes a Feedback Score, as well as comments from your transaction partners.
As an Swapinator member, you should use caution and good judgment when leaving Feedback for another member. What you write will be a permanent part of that member’s record on Swapinator.
Swapinator's Feedback-related policies are designed to encourage open and honest trading. However, to ensure that Feedback is used for the proper purpose and not abused, Swapinator has some basic rules that must be followed.
Members cannot undermine the Feedback system using practices such as:
  • Feedback Extortion - Threatening to leave negative or neutral feedback for another member unless the other member provides goods or services not included in the original listing
  • Feedback Manipulation - Feedback left or received where the Feedback’s primary value is to artificially enhance a member’s reputation
  • Feedback in Swapper Terms and Conditions - Swappers are not permitted to include in their listings or terms of sale any conditions that limit or restrict the buyer from leaving Feedback.
Violations of Swapinator’s policies may result in a range of actions including:
  • Listing cancellation
  • Limits on account privileges
  • Account suspension
  • Forfeit of Swapinator fees on cancelled listings
Note: You may contact Swapinator to report violations by using the “Contact Us” links found on most pages.

Rules for Everyone Overview
There are rules that all Swapinator members, both buyers and sellers, need to know and follow. These rules are created to protect you and to keep Swapinator a safe place to buy, sell, and participate in the Community.

Rules about general member conduct
Swapinator members cannot:
  • Interfere with the Swapinator site.
  • Use profanity on the site.
  • Infringe on Swapinator’s intellectual property.
  • Continue to use Swapinator if a member’s account is suspended.
  • Post want ads.
In addition to rules that apply to all Swapinator members, Swapinator also has rules specifically about Feedback.

Rules about identity
Member identity is a building block of the Swapinator Community. Swapinator treats member identity with great respect. Swapinator expects Community members to treat member identity with the same level of respect.
Swapinator members:
  • Must be at least 18 years old.
  • Cannot misrepresent their identities.
  • Must always provide valid and complete contact information and must always have a valid email address.
  • Cannot publish the contact information of other members in an online public area.
  • Must choose their User ID according to Swapinator rules.

Rules about communicating with other Swapinator members
Swapinator members:

  • Cannot misuse the Swapinator email forwarding system, send unsolicited email (spam) or email threats to other members.
  • Must follow Swapinator’s rules for Content (includes reviews).
Rules about Swapinator’s responsibilities
  • Swapinator’s Privacy Policy specifies how your personal information is used.
  • Swapinator Employees are bound by all Swapinator policies and need to identify themselves as Swapinator employees when they list an item or submit content to the site.
  • Swapinator appreciates your ideas, but considers these unsolicited idea submissions as non-binding.
Rules for Swappers – Overview
Swapinator's policies are rules and guidelines that help to create a safe, fair and enjoyable trading environment for all Swapinator members. As a swapper, you are responsible for reviewing and understanding Swapinator’s selling policies, as well as all applicable laws and regulations as outlined in the User and Terms of Service Agreement.

Learning about Swapinator's selling policies before you list an item will help you to avoid unintentionally breaking rules. Swapinator’s swapping policies are updated to respond to marketplace, Community and security issues, so it is important to check them regularly for changes.
Violations of these policies may result in a range of actions, including:
  • Listing cancellation
  • Limits on account privileges
  • Account suspension
  • Forfeit of Swapinator fees on cancelled listings
Every swapper must know and follow: In addition to the above rules, here are some additional policy violations not permitted on Swapinator:
  • Swapper Non-performance – Sellers must honor the transaction contract. Swappers cannot fail to deliver an item for which another item was accepted, significantly misrepresent an item by not meeting the terms and item description outlined in the listing, or refuse to accept the swapped item at the end of a successful swap.
  • Shill Swapping – Swappers must not bid on their own item, or have family members, roommates or employees bid on their item.
  • Tax Policy – Swappers must pay relevant fees and taxes.
Both swappers cannot interfere with a transaction (see Rules for Everyone – Overview).
To report a policy violation:
  • Locate and review the policy page that deals with the violation.
  • Report violation to SwapinatorLegal@Swapinator.com. Please enter the item number(s) of the listing that you want to report.
  • Send your message to Swapinator Customer Support.
    You can also report a violation by clicking the Contact Us link on the left side of most  pages.
Note: Only report a case once. Multiple emails about the same case slow an investigation.
After your report is received:
  • Swapinator will consider the circumstances of an alleged policy violation and the user's trading record before taking action.
  • Disciplinary action may result in listing cancellation, limits on account privileges, account suspension, forfeit of Swapinator fees on cancelled listings, and loss of status.
  • If a complaint can't be proven with certainty, Swapinator may take no action.
  • Due to privacy issues, it's not possible for Swapinator to discuss the results of an investigation.
Rules about Intellectual Property – Overview
Swapinator is committed to protecting the intellectual property rights of third parties and to providing its users with a safe place to trade. Infringement is the unauthorized use of other people’s intellectual property – like copyrighted material and trademarks.

Rules that affect what you can sell on Swapinator
The following items are restricted or prohibited because they would potentially infringe on intellectual property rights.
  • Replica, counterfeit Items and unauthorized Copies
  • Celebrity material including faces, names and signatures, and autographs
  • Media - movie prints (35 mm, 70 mm), bootleg recordings, recordable media, promotional copies and digitally delivered goods.
  • Software including academic software, beta Software, OEM software
  • Equipment that would support unauthorized copies including mod chips, game enhancers, and boot discs and hardware or software that would enable members to duplicate copy-protected material.
Rules that affect how you list items for sale
In an item listing Swapinator members cannot:
  • Encourage or enable others to infringe copyrights, trademarks or other rights.
  • Improperly use Swapinator Intellectual Property (including use of the Swapinator name, logo or linking to the Swapinator Web site).
  • Include authenticity disclaimers or deny responsibility for the items offered in their listings.
  • Use another member’s item description or picture without their permission. (To contact Swapinator about another member who is using your text or images without your permission, go to the “Contact page and report the item number(s).)
Rules for Listings – Overview
To promote a safe, fair and enjoyable trading experience, Swapinator has established a set of rules and policies for item listings. These restrictions involve how certain items are described, and practices that would provide an unfair advantage or result in a negative buyer experience.

Learning about Swapinator's listing policies before you list an item will help you to avoid unintentionally breaking rules.

Violations of these policies may result in a range of actions, including:
  • Listing cancellation
  • Limits on account privileges
  • Account suspension
  • Forfeit of any Swapinator fees on cancelled listings
When policy violations occur, Swapinator expects swappers to notify Swapinator, that a listing has been ended.

In addition to the Rules for Listings, you should also review the rules for Prohibited and Restricted Items and the Protection of Intellectual Property to check if your type of item is allowed or has additional restrictions that would affect your item listing.

The following are the Rules for Listing with links to the specific policy pages that have examples, any exceptions, and a link that you can use to report a violation of that policy.

Listings must not misrepresent items.
Except as noted in the specific policy as exceptions, sellers cannot:
  • List items in inappropriate categories.
  • Misrepresent the item location from which their item will be shipped.
  • Include brand names or other inappropriate keywords in a title or description. This is known as keyword spamming.
  • Have misleading titles that do not accurately describe the item for sale. 

Except as noted in the specific policy as exceptions, swappers cannot:

  • Include links that do not conform to Swapinator's Links Policy. Specific types of links that are limited include links to further descriptions, email address, photos, ratings, and listing terms and conditions.
  • Use certain types of HTML and JavaScript in item listings, Special characters are not allowed in order to maintain a secure site.
  • Promote giveaways, random drawings, raffles, prizes or bonuses.
  • Create a listing that does not offer an item or service.
  • Include third-party endorsements of Swapinator members.
  • Include third party credits beyond what is acceptable.
  • Create test listings except in the Everything Else; Test Auctions category.
STOLEN GOODS
  • Swapinator is committed to ensuring a safe, open, and transparent site for people to sell goods and services around the world.
  • We work tirelessly to prevent stolen goods from being sold through the Swapinator marketplace because the sale of stolen goods on Swapinator undermines our users’ trust and harms our community and our business. As such, Swapinator has a direct financial interest in ensuring that its marketplace is free of stolen goods.
Swapinator Policies and the Swapinator Community:
  • Swapinator recognizes that the sale of stolen merchandise is illegal. Accordingly, Swapinator’s prohibited items policies include an explicit prohibition on the listing of stolen items. We also inform users that we proactively support law enforcement efforts to prosecute individuals who sell stolen goods.
  • In addition, Swapinator prohibits the sale of items with serial numbers that have been altered or removed.
  • The vigilance of the Swapinator Community helps us enforce our policies. Our members are quick to alert our customer support representatives and each other when they see a seller engaged in illegal or inappropriate behavior.
Cooperation with Law Enforcement:
  • Swapinator is an industry leader in working with law enforcement to investigate and prosecute people who engage in illegal conduct. Swapinator proactively refers cases to law enforcement.