Terms & Conditions

I. Overview

Importantly, although SWAPMEET.COM is commonly referred to as an online marketplace, it is not a traditional “retailer.” Instead, SWAPMEET.COM acts as a venue to match Buyers and Sellers and does not transfer legal ownership of items from Sellers to Buyers, nor collect funds on behalf of the Seller. As a result, SWAPMEET.COM has no control over the items advertised, or the ability of sellers to sell items or the availability of Buyers to pay for items.

You may at anytime change out items in your BOOTH, additionally contact use if you need an option for more items to be listed in your BOOTH.

By signing up for a Booth at SWAPMEET.COM you acknowledge and accept the following Terms and Conditions agreement.

Definitions

“Your Information” is defined as any information you provide to SWAPMEET.COM or other users in the registration, in the listing process (which includes photographs, videos and descriptions), in any public message area (including feedback area) or through any email feature. You are solely responsible for Your Information, and SWAPMEET.COM acts as a passive conduit for your online distribution and publication of Your Information.

“Your Activities” include, for example, listing items, posting images, posting videos, posting comments in any public message area (including Forums or the feedback area), and email.

Dispute Resolutions

SWAPMEET.COM’s goal is to make you happy. In the event a dispute arises between you and SWAPMEET.COM, please email info@swapmeet.com and we will work quickly towards a resolution. We encourage you to report all user-to- user disputes to your local law enforcement, postmaster general, or certified mediation or arbitration entity.

General Overview: Terms

• You acknowledge that you must be 18 years or older to use this site or to establish an account
• You acknowledge that you bear sole responsibility for keeping your password secure.
• You agree not to use SWAPMEET.COM for any illegal or unauthorized purpose.
• You agreed to comply with all legal laws regarding online conduct and acceptable content.
• You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit, post or display on the Website.
• You agree not to modify, adapt or hack SWAPMEET.COM or modify another website so as to falsely imply that it is associated with SWAPMEET.COM.
• You agree not to solicit, harass or impersonate SWAPMEET.COM members.
• You agree not to transit any worms or viruses or any code of a destructive nature.

Furthermore, while SWAPMEET.COM discourages certain conduct and content on the Website, you acknowledge and agree the Website is a venue and as such is not responsible for the content posted on it. You agree to use the Website at your own risk.

General Overview: Conditions

• SWAPMEET.COM reserves the right to modify or terminate any service for any reason at any time, with or without notice.
• SWAPMEET.COM reserves the right to alter this SWAPMEET.COM User Agreement at any time. If alterations constitute a material change to Terms of Use, to be determined at the sole discretion of SWAPMEET.COM, SWAPMEET.COM will notify you via email according to the preference expressed on your account.
• SWAPMEET.COM reserves the right to refuse service to anyone for any reason at any time.
• SWAPMEET.COM may remove content (by way of example but without limitation: items, item descriptions, chat text, booth text ,and information submitted in the forums) that SWAPMEET.COM determines is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property, SWAPMEET.COM Terms of Use, SWAPMEET.COM Privacy Policy, or any other policy documents and community guidelines as posted on SWAPMEET.COM SWAPMEET.COM has no obligation to do so, however.
• The service makes it possible to post images hosted on SWAPMEEET.COM to outside websites. This use is accepted. However it is recommended that pages on other websites which display images hosted on SWAPMEET.COM provide a link back to SWAPMEET.COM from each photo to its photo page on SWAPMEET.COM
• SWAPMEET.COM will terminate your account without notice if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
• You may remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to SWAPMEET.COM, you agree to allow other SWAPMEET.COM users to view them and you agree to allow SWAPMEET.COM to display, profile and other content.
• All SWAPMEET.COM graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. SWAPMEET.COM’s trademarks or name may not be used, including as part trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

II. Membership Eligibility

SWAPMEET.COM’s services are described in the options for Booth signup.

These are available only to individuals who can form legally binding contracts

Under applicable law. SWAPMEET.COM’s services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended SWAPMEET.COM members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use SWAPMEET.COM. Further, you also agree not to transfer or sell your account (including feedback) or user ID.

III. Purchasing/Buyer Obligations and Guidelines

A buyer is obligated to complete the transaction of a purchase of an item on SWAPMEET.COM in any shop within three (3) days, inclusive of any shipping charges associated with the delivery of the item, as confirmed with the seller. A buyer is obligated to immediately pay in full by using sellers preferred method of payment. A Buyer who pays the seller by mail with a money order or personal check must send the Seller an email to notify the Seller that the payment in in the mail, within three (3) days of the transaction.

A seller must follow all of SWAPMEET.COM’s policies and the seller’s own individual shop policies and sell the item as described. Likewise, a seller must follow by the Seller’s own individual policies when dealing with other issues, for example, issues of damage and returns.

IV. Listing / Seller Obligations and Guidelines

SWAPMEET.COM’s Fees and Credit Policy

SWAPMEET.COM charges a flat fee for listing items for sale threw SWAPMEET.COM. When you select a booth option you have the opportunity to review and accept the fees that you will be charged for said booth option.

SWAPMEET.COM’s Fees for our services are subject to change. Changes to SWAPMEET.COM’s Fee Policy and the fees for our services are effective after SWAPMEET.COM provides you with at least fourteen (14) days’ notice of the changes by posting the changes on SWAPMEET.COM. However, SWAPMEET.COM may choose to temporarily change SWAPMEET.COM’s Fees Policy for SWAPMEET.COM’s services for promotional events (for example, limited promotional offers, including, but not limited special limited booth offerings). SWAPMEET.COM may, at SWAPMEET.COM’s sole discretion, change some or all of SWAPMEET.COM’s services at any time. In the event SWAPMEET.COM introduces a new service, the fees for that service are effective at the launch of that service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD).  You are responsible for paying all fees associated with using SWAPMEET.COM’s service and all applicable taxes. Any new fees for our services will be described once determined.

Listing Description:

You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item or advertising/marketing materials associated with your Booth or physical site.

Binding Sale:

All sales are binding. If you, as the seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in prompt manner, unless there is exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or () you cannot authenticate the buyer’s identity.

Termination:

Without limiting any other remedies, SWAPMEET.COM, without notice, may suspend or terminate your account if SWAPMEET.COM suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of SWAPMEET.COM’s policies set out in this Agreement, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with SWAPMEET.COM.

Manipulation:

The price stated in each SWAPMEET.COM item Description must be an Accurate

Representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example, manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the Buyer, altering the item’s price prior to the sale for the purpose of enticement, hacking into another’s account and altering prices. Neither Buyer nor Seller, may manipulate the price of any item for any reason.

V. Usage Guidelines

Third Party Content: Identity Verification

You understand that the SWAPMEET.COM. including SWAPMEET.COM booth chat, acts only as a marketing platform and technical interface between users and that SWAPMEET.COM itself does not verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are those of the user alone, and are not to be attributed to SWAPMEET.COM. SWAPMEET.COM cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.

You understand that you may be exposed to content that you may find offensive to you, and that you use the SWAPMEET.COM site at your own risk.

Please use caution, common sense, and practice safe trading when using SWAPMEET.COM. Please note that there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may be risks dealing with international trade and foreign nationals. By using SWAPMEET.COM, you agree to accept such risks and that SWAPMEET.COM (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on SWAPMEET.COM.

SWAPMEET.COM uses many techniques to verify the accuracy of the information SWAPMEET.COM’s users provide to SWAPMEET.COM when they register. However, because the user verification on the Internet is difficult, SWAPMEET.COM cannot and does not confirm each user’s purported identity. Thus, SWAPMEET.COM has established a user-friendly feedback system to help you evaluate with whom you are dealing. SWAPMEET.COM also encourages you to communicate directly with potential transaction partners through tools available on SWAPMEET.COM. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

Prohibited, Questionable and Infringing Usage; Restricted Activities

Your activities which result in Your Information (or any items listed, and as further detailed in “Restricted Sale Items”) on SWAPMEET.COM shall not:

1. be false, inaccurate or misleading;
2. be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the Terms of Use in any way;
3. infringe upon any third parties copyright, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
4. violate and law, statute, ordinance or regulation (including, but limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); SWAPMEET.COM also does not permit listing of items that have been identified by the U.S Consumer Safety Commission (CPSC) as hazardous to consumers and therefor subject to recall;
5. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
6. be obscene or contain child pornography
7. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
8. create liability for us or cause us to lose (in whole or part) the services of our ISPs or other suppliers; and
9. link directly or indirectly to or include descriptions of goods and services that:
   
   1. are prohibited under this Agreement, the Privacy Policy, or other policy documents and community guidelines as posted on SWAPMEET.COM or;
   2. are identical to other items you have for sale but are priced lower;
   3. are concurrently listed for sale on a website other than SWAPMEET.COM’s (this does not prevent linking to or advertising a SWAPMEET.COM item from another website); or
   4. you do not have a right to link to or include.

Furthermore, you may not list any item on SWAPMEET.COM (or may consummate any transaction that was initiated using our service) that, by paying our Booth fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that involves the Terms of Use.

Access and Interference

SWAPMEET.COM may contain robot exclusion headers. Much of the information on SWAPMEE.COM is updated on a real time basis and is proprietary or is licensed to

SWAPMEET.COM by SWAPMEET.COM’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access SWAPMEET.COM for any purpose without our prior express written permission. Additionally, you agree that you will not:

1. take any action that imposes, or may impose, in our sole discretion, an    unreasonable or disproportionately large load of infrastructure;
2. copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without prior expressed written permission of SWAPMEET.COM 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; or
4. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to SWAPMEET.COM

Feedback Integrity; Feedback Export

You may not take any actions that may undermine the integrity of the feedback system.  SWAPMEET.COM may, without prior notice, limit the number of purchases and listings, which you place on SWAPMEET.COM based upon the level of your feedback. If you earn a low percentage of feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.

Your acknowledgement that your feedback consists of comments left by other users and a composite number compiled by SWAPMEET.COM. Further, you acknowledge that the composite number, without feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between SWAPMEET.COM users, you agreed that you shall not market or export your SWAPMEET.COM feedback rating in any venue other than SWAPMEET.COM feedback ratings other than SWAPMEET.COM operated website.

VI. Miscellaneous Terms and Conditions

Breach: Without limiting other remedies available, SWAPMEET.COM may, without prior notice, limit your activity, immediately remove your listings, warn SWAPMEET.COM’s community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:

• you breach this Agreement or any other policy documents and community guidelines this Terms of Use incorporates by reference;
• SWAPMEET.COM is unable to verify or authenticate any of Your Information
• SWAPMEET.COM believes that your actions may cause financial loss or legal liability for you, SWAPMEET.COM’s users or SWAPMEET.COM

No Warranty:

SWAPMEET.COM, SWAPMEET’S SUBSIDERIES, OFFICERS, DIRECTORS, EMPLOYEES AND SWAPMEET.COM’S SUPPLIERS PROVIDE SWAPMEET.COM’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRENTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SWAPMEET.COM, SWAPMEET.COM’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRIENTIES OF TITLE, MERCHANTABILITY, FITMESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRIENTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRENTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FORM STATE TO STATE.

Limitation of Liability:

IN NO EVENT SHALL SWAPMEET.COM, AND (AS APPLICABLE) SWAPMEET.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SWAPMEET.COM’S SUPPLIERS BE LIABLE FOR LOST PROFITS OR AND SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

SWAPMEET.COM’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SWAPMEET.COM’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 MAY PAY TO SWAPMEET.COM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING ARISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCEDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification:

YOU AGREE TO INDEMNIFY AND HOLD SWAPMEET.COM AND (AS APPLICABLE)

SWAPMEET.COM’S PARENT, SUBSIDERIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INDCLUDING REASONABLE ATTORNEY’S 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.

Legal Compliance:

You agree to comply with all applicable domestic and international laws, statues, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.