SnobSwap Terms of Use



INTRODUCTION

Welcome to the Terms of Use agreement (the "Agreement") for SNOBSWAP. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.SNOBSWAP.com (the "Site"), mobile applications, and other software ("Software") (collectively, such services, Site and Software, are the "Service(s)"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

Before you may become a member of SNOBSWAP, you must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. "Member" and "user" are terms used interchangeably. By registering, accessing, browsing, or using the Site, you agree that you have fully understood and agree to be bound by and comply to all the terms of use in the Agreement, the Privacy Policy, and with all applicable laws and regulations.

SNOBSWAP in its sole discretion may, without notice, terminate the right to use the Services or participate on the Site. We may amend this Agreement at any time by posting the amended terms on the Site. You should periodically visit this page to review the current Agreement so that you are aware of any revisions. If there are revisions, we will post the changes to this Agreement and will indicate at the top of this page the dates of the last revisions. Your continued use of the Services after any such changes constitutes your acceptance of the Agreement. This Agreement may not be otherwise amended except in a writing signed by you and SNOBSWAP. This Agreement is effective upon acceptance in registration for all users.

PLEASE READ THIS AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. PLEASE INDICATE YOUR ACCEPTANCE OF THE AGREEMENT IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY SNOBSWAP. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND SNOBSAWP. IF YOU DO NOT ACCEPT THE TERMS IN THE AGREEMENT, YOU CANNOT USE THE SERVICES.

In addition, when using certain services, you shall be subject to any additional terms, policies or guidelines applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy at snobswap.com/help/privacy-policy. All terms, policies, and guidelines are hereby incorporated by reference into this Agreement.

ACCESS, USE OF SERVICE, AND MEMBERSHIP

General

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or suspended members. If you are a 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 our Site. Further, your SNOBSWAP account (including review ratings) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

One Account per Person, Maximum of Four Accounts per Address or Household.

No individual is permitted to have more than one single account at any time. No more than four accounts are permitted per address or household, and SNOBSWAP has the right to limit a household to one account when it deems it necessary to protect its users from fraud, or the risk of fraud.

About the Service

The Service provides a mobile and online social marketplace for fashion items such as clothing, accessories, shoes, handbags, jewelry, and technology accessories in which users and boutiques or stores can upload photos of, list and sell or swap their items, and other users can browse, inquire, and swap or buy such items.

Registration in Own Name

Accounts must be registered only by the individual seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real, is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. SNOBSWAP prosecutes fraud to the fullest extent of the law.

Third Party Services:

You may register for the Service using third party services (e.g., Facebook) and others to enable various third party services to be directly integrated into your SNOBSWAP experience. By directly integrating these services into the Service, you online experience improved through different features and tools. You may be asked to register for or log into such services. By enabling third party services within the Service, you are allowing us to pass your login information to these service provides for this purpose. For more information about activating third party services, please see our Privacy Policy snobswap.com/help/privacy-policy. Remember that the manner in which third party services use, store, and disclose your information is controlled by the third party services (e.g., Facebook). SNOBSWAP shall have no liability or responsibility for the privacy or usage practices or actions by third party services or sites that are connected to the Services. Also, SNOBSWAP is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with third party services. Therefore, SNOBSWAP is not liable for the damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party service. SNOBSWAP enables these features merely as a convenience and inclusion of such features does not imply endorsement or recommendation.

FEES & PURCHASES

Joining SNOBSWAP is free. If you sell an item, you authorize SNOBSWAP to charge a seller's fee of 15% of the sale price or the cash portion of an offer (i.e., swap + cash). Swapping is free. If you swap an item and receive cash as part of the swap transaction, you authorize SNOBSWAP to charge an 15% fee of the cash value of the item. If you choose to relist or post extra photos of your item, you also agree to pay the listed fees. If you decide to use SNOBSWAP's shipping label service or buy supplies from SNOBSWAP, we will charge you for those label and supplies. We may change our aforementioned fees or fees for our services from time to time. Fees may be added, discontinued, or changed at any time without prior notice.. Furthermore, we may choose to temporarily change our Fees Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. Buyers are responsible for paying all shipping costs and all applicable sales, excite, import, export, VAT and other taxes with the purchase and sale of any items through the Site. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

The fees are summarized as follows:

Type of Fee Fee Description
Seller's Fee 15% of the sale price of the sold item Upon completion of each sale transaction, a seller's fee of 15% of the sale price or the cash portion of an offer (i.e., cash) is automatically deducted from payment method of the member's choice. *Store partners seller fees are 10% of the sale price or total cash offer. Please email [email protected] to apply to be a store partner.
Shipping Cost Varies depending on item or transaction – see listing description for each item. Shipping cost for sale items is the responsibility of the buyer unless seller assumes the shipping cost. Except for Buy Now items, the owner of the listing covers the cost of shipping.

If collection of seller's fees fail, you agree that we may collect fees owed to us using collection available to us, including charging other accounts you have on file with us, retaining a collection agency, and/or attorney. A failure to pay fees owed will result in suspension of your use of the Site. As such, you agree to authorize SNOBSWAP to obtain an initial credit authorization of your credit card when you subscribe to this Site.

To complete a purchase, Buyers must have a valid credit card on file or set up a PayPal account. SNOBSWAP or a third party payment processor may store your credit card information or PayPal email address (not password). SNOBSWAP may verify your payment information (including expiration date, billing address, or photo identification). Your credit card or PayPal will not be charged unless you conduct an activity through the Service that requires your credit card to be charged. By agreeing to pay for a transaction with your credit card, you are authorizing SNOBSWAP to charge your card or PayPal account. Also by making a cash offer or counter offer, you authorize us to place a hold on your card, and then charge your card if the offer is accepted. The hold will be removed once the offer or counter offer expires.

SnobSwap has the right to cancel any transaction at anytime between seller and buyer. In this case, the buyer will be refunded in full and the seller will be refunded the seller's fee if the item purchased has not been shipped yet to buyer.

MARKETPLACE ONLY

SNOBSWAP is a VENUE (Not a Middle Woman)

We only provide an online marketplace to facilitate sales. The Site acts as a venue to allow anyone to trade any clothes, accessories, etc. at anytime, and from anywhere. We are not involved in the actual transaction between members. SNOBSWAP does not obtain title to any purchased items and does not act as the buyer or seller or agent of such. As a result, we have no control over the quality, safety or legality of the item swapped or sold, the truth or accuracy of the listings, or the ability of members to fulfill their transactional obligations. We cannot ensure that other users will actually complete a transaction or guarantee the ability or intent of users to fulfill their obligation in any transactions. SNOBSWAP reserves the right to delay completion of any transaction for a reasonably period of time for purposes of fraud detection and otherwise protecting SNOBSWAP and its users from wrongful or illegal activities. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of DC Code DC St. § 28-401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. We are not responsible for the bad acts of other users, including, but not limited to, any tortuous conduct or criminal activities. SNOBSWAP is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of items that are on SNOBSWAP's marketplace. You understand that there are risks when dealing with other users and that these risks are borne by you.

For every transaction that occurs through this Site, you agree to make an independent determination regarding the product descriptions, photos or video, or representations of other users and the other user's ability to pay or deliver item(s) offered. Of course, you may contact SNOBSWAP for more information; however, you understand that SNOBSWAP is only providing an opinion to assist with your independent determination. By providing an opinion, SNOBSWAP is not admitting to any responsibility for other users' actions as stated above.

User Identity

We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, SNOBSWAP cannot and does not confirm each user's purported identity. Thus, we have established a member review (feedback) system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site.

Member Disputes Release

Because we are a marketplace, in the event that you have a dispute with one or more users, you release SNOBSWAP (and our officers, directors, agents, subsidiaries, successors, joint ventures and employees) from 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. 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."

No Information Control

We do not control the information provided by other users that is made available through our system. You agree that reliance on listings or other communications posted on the Site by other members will be at your own risk. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and SNOBSWAP is not responsible for the acts or omissions of users on the Site.

SNOBSWAP may make available to users of the Site message boards, opinion forums, bulletin board services or other interactive communication facilities. SNOBSWAP cannot review all communications made on or through the Site. However, SNOBSWAP reserves the right to monitor the boards and forums, and edit, modify or delete any materials which SNOBSWAP in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any SNOBSWAP policy, either written or unwritten. SNOBSWAP further reserves the right to use posted materials for its own purposes for marketing, communication, advertising, or any other purpose at the sole discretion of SNOBSWAP. You agree not to use SNOBSWAP forums for the posting of any material that is illegal, threatening, sexually explicit, pornographic, obscene, infringing on intellectual property rights, injurious to third parties, defamatory, or otherwise objectionable.

Returns: Currently, we do not allow returns on items on behalf of sellers, however, individual sellers may have their own return policy. If the item you received is not as described or damaged, then you must report the issue to SNOBSWAP by emailing [email protected] within 72 hours of delivery of the purchased item.

SWAPPING & SELLING

Each Swap or Sale Transaction is a Binding Contract

As a member you are obligated to complete all transactions you accepted and initiated, that have been completed.

By accepting a transaction to sell, buy, or otherwise, you agree to be contractually bound by the conditions of the transaction included in the item's description so long as those conditions are not in violation of this Agreement or unlawful. Unless you and the other member agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with D.C. Code DC St. § 28-401(2) and Uniform Com. Code § 2-401(2). Accepted swaps and sales are not retractable except in exceptional circumstances, such as: if the other member swapping or selling the item materially changes the item's description after you accept; a clear typographical error is made; or both members agree to cancel the transaction. This Site cannot be used to swap or sell items made for mature audience items or items that are restricted to adult use.

USER CONDUCT

You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, content and/or use that is illegal or prohibited by SNOBSWAP. SNOBSWAP reserves the right to investigate and take appropriate legal action against anyone who, in SNOBSWAP's sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to the below.

Listing Description

You must be legally able to sell the item(s) you list on the Site. All items posted for sale are owned by the registered users and not SNOBSWAP. You agree all items posted and shipped are legal and do not infringe any intellectual property rights, including but not limited to copyrights, trademarks, and patents. Your listings may only include photos, text descriptions, and other content relevant to the condition and nature of the item you are trading.

SNOBSWAP cannot review items posted to the Site. You agree to assume full responsibility for any items posted to your account and shipped by you. We assume no responsibility for the accuracy, currency, completeness or usefulness of information in any material and we do not endorse any opinions or recommendations posted by users. You should exercise discretion and skepticism before relying on information in messages, comments or submissions, since it may be incorrect or misleading. You agree to hold SNOBSWAP harmless for any violations of law or regulation that arise in connection with the posting to your account of items resulting in civil or criminal liability. You agree that your item must be in compliance with your listing description. If you discover that your item is no longer in compliance with your listing description, you will immediately correct your listing to comply with the description.

All items listed must be in a condition no worse than acceptable and must be fully functional. Items must be free from defects, stains, and rips. Members who have an item returned to them as defective agree not to re-list that same item for exchange unless and until the defect has been resolved.

You agree that you are responsible for all statements made and acts or omissions that occur on your account. You agree to waive and hold us harmless from any claims relating to any action taken by us as part of our investigation of a suspected violation of the Agreement, or as a result of its conclusion that a violation of the Agreement has occurred, including but not limited to the removal of posts and submissions from the Site or the suspension or termination of your account.

You agree that SNOBSWAP can remove your listings, photos, and commentary at its sole discretion.

Your Information

"Your Information" is defined as any information you provide to us or other users in the registration, selling or listing process, in any public message area (including discussions, groups, member reviews or feedback or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Shipping

If you are a seller, you agree to ship your item within your designated handling time for your listed item. You agree a reasonable period for handling and shipping is 3-7 days. Failure to do so is in violation of SNOBSWAP's policy and can result in your account being suspended. Items lost or damaged in transit are the sole responsibility of the shipping member. SNOBSWAP is not responsible for any item that is shipped by a member and is lost or damaged in the shipping process. Shipping costs for sale items purchased are the responsibility of the buyer. Shipping costs for swap items is the responsibility of the owner of the swap item.

If you are a buyer, you are responsible for paying all shipping costs to SNOBSWAP, which will be retained by SNOBSWAP, and all applicable sales, excise, import, export, VAT, and other taxes or duties associated with the purchase and sale of any items through the Service. All such shipping costs and taxes are not included in the listed price for any items made available from sellers through the Service, but will be displayed to buyers before confirmation of any purchase. Sellers are responsible for all income taxes in connection to the sale of any items.

Linking to the Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our Site other than that set out above, please Contact Us. You must not add any website links into the item description, listings, or messages that directs users outside of SNOBSWAP.

License

Solely to enable SNOBSWAP to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. SNOBSWAP will only use Your Information in accordance with our Privacy Policy.

Member Account, Security, and Passwords

Use of this Site requires a password. You agree to maintain confidentiality of your password and are solely responsible all activities associated with its use, whether authorized or unauthorized. Sharing of account passwords with other persons is a violation of this agreement and may result in account termination.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number stored on the Site) you should notify SNOBSWAP immediately of the problem to avoid possible liability for unauthorized charges to your account. You also agree to exit from your account at the end of each session when accessing the Services. SNOBSWAP will not be liable for any loss or damages arising from your failure to comply with this Section or other terms of this Agreement.

You agree that SnobSwap may share your account information with legal authorities or law enforcement or authorized third parties to investigate criminal activity or violation of the Agreement. You agree your account and any listings in your account maybe used for marketing purposes, shared with SnobSwap and third-parties to improve Services and business operations.

Intellectual Property Rights

You understand and agree that the Service may contain images, videos, descriptions and information of items and other content ("Content") that is protected by copyright, patents, trademarks, trade secrets and other proprietary rights and laws. Unless expressly authorized by SNOBSWAP in writing, you may not copy, modify, scrape, frame, rent or lease, sell, distribute or create derivative works based on the Service or Content, in whole or in part, except your own User Content that you legally created and uploaded to the Site. You shall not engage in or use any data mining, robots, and scraping or similar data gathering or extraction methods. Any use of the Service other than as specifically authorized herein is prohibits. The technology and Content underlying the Service including software used and distributed herein is the property of SNOBSWAP, our affiliates and partners. You agree not to copy, modify, create a derivative work, or reverse engineer, reverse assemble or otherwise attempt to discover any source code, seller, assign, sublicense or transfer any rights in the Service. Any rights not expressly granted herein are reserved by SNOBSWAP. The SNOBSWAP name, logo, trademarks and service marks of SNOBSWAP are the property of SNOBSWAP and cannot be used, licensed, distributed, or granted without SNOBSWAP's express consent. All goodwill generated from the use of SNOBSWAP will inure our exclusive benefit.

Application License

Subject to your compliance with the terms in this Agreement, SNOBSWAP grants you limited non-exclusive non-transferable license to download and install a copy of the SNOBSWAP mobile application (Application) on a single mobile device or computer that you own or control for your own personal use. Furthermore, with respect to any App Store Sourced Application, you will only user the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the Usage Rules set forth in the Apple App Store Terms of Service. SNOBSWAP reserved all rights in the Application not expressly granted to you by this Agreement.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application and other applicable laws. In particular, but without limitation, the application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application, or Services for any purpose prohibited by U.S law, including development, design, manufacture, or production of missiles or nuclear, chemical or biological weapons. SNOBSWAP does not permit listings associated with certain countries due to U.S. embargo or customs restrictions.

Accessing and Downloading the Application from iTunes

The following applies to any Application accessed through or downloaded from the Apple App Store ("App"):

  1. You acknowledge and agree that (i) this Agreement is between you and SNOBSWAP only and not Apple; and (ii) SNOBSWAP, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the Apple Application must comply with the App Store Terms of Services.
  2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support serves with respect to the App.
  3. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligations whatsoever with respect to the App. As between SNOBSWAP and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SNOBSWAP.
  4. You and SNOBSWAP acknowledge that, as between SNOBSWAP and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party related to the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. You and SNOBSWAP acknowledge that, in the even of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, as between SNOBSWAP and Apple, SNOBSWAP, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
  6. You and SNOBSWAP acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
  7. Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App.
  8. If you have any questions, please email [email protected].
User Content Posted on the Site

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with other users (collectively the "User Content" or "Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that SNOBSWAP may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of SNOBSWAP violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to SNOBSWAP.

Any Content you posted to our Site will be considered non-confidential and non-proprietary, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to SNOBSWAP an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that SNOBSWAP may retain archived copies of your User Content. SNOBSWAP does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. We also have the right to disclose your identity to any third-party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You agree that SNOBSWAP can remove your listings, photos, and commentary at its discretion.

Under no circumstances will SNOBSWAP be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omission in any content, or for any loss of damage of any kind incurred as a result of the use of any items or content posted, sold, purchased, or otherwise transmitted via the Service. You acknowledge that SNOBSWAP does not pre-screen items or content, but that SNOBSWAP and its designees shall have the right (not obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, SNOBSWAP and its designees shall have the right to remove any item or content that violates this Agreement or is deemed by SNOBSWAP, in its sole discretion, to be objectionable. You agree to evaluate and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content

Restricted Activities

SNOBSWAP has a zero-tolerance policy for illegal activities including, but not limited to, listing counterfeit or fake items. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) 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; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for trade on a web site other than SNOBSWAP's (this does not prevent linking to or advertising a SNOBSWAP item from another web site); or (cc) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any trade that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation. We reserve the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users.

Without limiting any other remedies, SNOBSWAP may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in any illegal activities in connection with the Site including listing fraudulent or stolen items. This includes, but without limiting, failure to fulfill contractual terms of a swap or sale agreement such as failing to ship an item.

SNOBSWAP prosecutes fraud to the fullest extent of the law, including wire or mail fraud in violation of U.S. and state law. SNOBSWAP assumes no liability for this or any other fraudulent activity by its members.

Special Notice for International Use- Export Controls: Software available in connection with the Service and the transmission of applicable data, if any, is subject to the United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of the U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

SERVICE TERMINATION

SNOBSWAP reserves the right to terminate service at any time without notice. In the event of service termination, Site members will not be entitled to any compensation.

We do not review, screen or edit item descriptions or any type of messages posted by users. Nonetheless, we reserve the right to monitor or remove any information transmitted or received through the Site, or to terminate your account and use of the Site, at any time, without notice, in our sole discretion. It is users' responsibility to bring violations of the Agreement to our attention, although we do not guarantee any action based on such information. In general, the following actions, among others, may result in removal of item descriptions or any type of messages and/or termination of your registration.

  • Using the service for Restricted Activities, including for an illegal purpose or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
  • Posting or transmitting third-party copyrighted information or in any way infringing on the intellectual property rights, contractual or fiduciary rights of others.
  • Providing false information on your registration form, or impersonating someone else.
  • Using the service for the transmission of junk mail, spam, chain letters, contests, sweepstakes, pyramid schemes, or unsolicited mass distribution of email.

If you would like to voluntarily terminate your account, please Contact Us.

ACCESS & INTERFERENCE

The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to SNOBSWAP by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of SNOBSWAP and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Modification to Service:

SNOBSWAP reserves the right to modify or discontinue, temporarily, or permanently, the Service, or any part thereof, with or without notice. You agree that SNOBSWAP shall not be liable to you or to any third party for any modification, or discontinuation of the Service. SNOBSWAP has the right to terminate accounts that are inactive for an extended period of time or for any reason. You also acknowledge that SNOBSWAP reserved the right to change general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Service: When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing or using certain mobile services may be prohibited or restricted by your carrier and not all mobile services may work with all carries or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or services provider. If you opt in to be notified via text messages, your wireless services fees and standard charges may apply.

To enhance your experience, you authorize SnobSwap access to your photos to do things such as list an item from your photo album. You also authorize access to your contact list and calendar to enhance use of the Services. If you authorize on your mobile device, SnobSwap may access your Geo-location data to provide you a customized service.

Invite a Friend Referral Program: SNOBSWAP may offer credits to existing users that refer new users to the Service at its discretion. SNOBSWAP can change the requirements of the referral program and may at any time terminate the program. SNOBSWAP reserves the right to limit the number and/or amounts of credits that may be earned with respect to any existing users with or without notice to you. To be eligible for a credit, the new users must be a person that has never registered for the Service before and the device being used must not be associated with an existing SNOBSWAP account. In addition, any credit granted cannot be traded for cash or any other service. We reserve the right to void any credits that we believe in our sole discretion are a result of fraud or other misuse of this program or the Agreement.

MEMBER REVIEWS

You may not take any actions that may undermine the integrity of the member review system. We may limit the number of transactions and items for swap or sale you may place on the Site based upon other users' reviews of you. If you earn a net review rating below a level we deem to be unacceptable, your membership may be suspended, and you may be unable to list, trade or even login to the site.

You acknowledge that your reviews consists of comments left by other users and a composite review score is compiled by SNOBSWAP, and that the composite number without the comments does not convey your full user profile. Because reviews are not designed for any purpose other than for facilitating transactions between SNOBSWAP users, you agree that you shall not market or export your SNOBSWAP feedback rating in any venue other than an SNOBSWAP operated website.

We do not provide you the technical ability to import feedback from other (non-SNOBSWAP operated) websites to SNOBSWAP because a composite number without the corresponding feedback does not reflect your true online reputation within our community.

BREACH

Without limiting other remedies, we may limit your activity, immediately remove your trades or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, which include, but not limited to, the following reasons: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (d) if you cancel an agreement to purchase, sell or swap.

PRIVACY

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.

Infringement Policy: SNOBSWAP respects the intellectual property of others and we expect our users to do the same. SNOBSWAP will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe your work has been copied that constitutes copyright infringement please email [email protected].

WARRANTY & DISCLAIMER

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" and "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SNOBSWAP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SNOBSWAP MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) DELIVERY, OR FAILURE TO RECEIVE, USE, STORE OR OTHERWISE BE INVOLVED WITH ANY COMMUNICATION FROM OR TO YOU. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNOBSWAP OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

The Site may contain links to other related World Wide web Internet sites, resources, or third-party sties. We are not responsible for the availability of these outside resources, or their contents, nor do we endorse nor are we responsible for any of the contents, advertising, products or other materials on such sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

LIMITED LIABILITY

YOU EXPRESSLY UNDERSTAND THAT IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR 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 US 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. If you are dissatisfied with any portion of the Agreement, your sole and exclusive remedy is to discontinue use of the service.

INDEMNITY & RELEASE

You agree to release, indemnify and hold SNOBSWAP and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service (including any sale or purchase of any items through the Service), any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 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." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

LEGAL COMPLIANCE

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service including, but not limited to, listing, communicating, selling, and purchasing items on the Site.

NO AGENCY

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

COMPETITOR USE PROHIBITED

This Site and the associated service are to be used for non-competitive purposes only. Use of the Site or associated service by competing businesses, affiliates, employees, or other associates is absolutely prohibited and constitutes a breach of this contract, giving rise to substantial damages.

If you are an owner, employee or other associate of a competing site (other than simply a member), you hereby agree that damages from the unlicensed visitation of this site are difficult to compute. Damages from breach of this competitor use provision shall therefore be set at $100 per unauthorized Site visit. You hereby agree that such damages are a reasonable estimate of actual damages and you waive your right to contest these damages in a court of law or other proceeding.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by postal mail to SNOBSWAP Attn: Legal Department, SNOBSWAP (in the case of SNOBSWAP) or to the email address you provide to SNOBSWAP 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 notice by certified mail, postage prepaid and return receipt requested, to the address provided to SNOBSWAP during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

DISPUTE WITH SNOBSWAP

In the event a dispute arises between you and SNOBSWAP, our goal is to provide you with a neutral, cost effective and speedy resolution. Accordingly, you and SNOBSWAP agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. If SNOBSWAP is found to be liable, you agree that its liability to you or to any third party is limited to the greater of (a) the total fees you paid to SNOBSWAP in the 12 months prior to the action giving rise to the liability, or (b) $100.

Binding Arbitration

For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or SNOBSWAP may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Court

Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Washington, DC. You and SNOBSWAP agree to submit to the personal jurisdiction of the courts located within Washington, DC.

Commencement of Cause of Action

You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Alternative Dispute Resolution

Alternatively, SNOBSWAP will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Washington, DC or another location mutually agreed upon by the parties.

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this section, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

ADDITIONAL TERMS

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:

  • Privacy Policy
  • Policy Against Fakes (see Guide)

These policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty (30) days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through t he Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

Applicable Law

This Agreement shall be governed in all respects by the laws of the District of Columbia. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control.

Enforceability, Headings, and Survival

This Agreement sets forth the entire understanding and agreement of the foregoing terms between us. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by SNOBSWAP in accordance with "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Fees and Services, Marketplace Only, Swapping and Selling, User Conduct, No Warranty & Disclaimer, Limited Liability, Indemnity, Applicable Law, and Survival, shall survive any termination, breach, or expiration of this Agreement.

QUESTIONS?

Please contact us at [email protected] with any questions or to report any violations of this Agreement. Thank you!

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