Terms of Use

1. What MoxSwap is, and is not

MoxSwap is an advertising platform where members list trading cards, graded slabs, sealed product, video games, consoles, tabletop games and related items they want to sell, buy or trade, and contact one another about those listings.

MoxSwap is not a party to any transaction between members. We do not own, hold, inspect, authenticate, grade, insure, ship or deliver any item. We do not process, hold or transfer payment for items, we do not offer escrow, and we do not mediate, arbitrate or refund disputes between members. Every listing is an advertisement created by a member, and every deal is a private agreement between the members involved.

The only money MoxSwap collects is the membership fee and optional site credits described in Section 4. Nothing in the Service is an offer by MoxSwap to sell or buy anything.

2. Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract to use the Service. We may ask for proof of age at any time.
• You must provide accurate information, keep it current, and confirm your email address. One account per person; accounts are personal and may not be sold, shared or transferred.
• You are responsible for everything that happens under your account and for keeping your password secure. Tell us at once at support@moxswap.com if you suspect unauthorised use.
• We may refuse, suspend or close accounts at our discretion, including for conduct described in Sections 6 and 7.

3. Membership plans

Anyone with an account can browse, search, save and follow. Posting listings, bumping, commenting, messaging, leaving feedback, wishlists, card lists, shop pages and community features require an active paid membership. Plans, prices, listing allowances and features are shown on the Membership page and may change; changes apply from your next renewal.

• Memberships are billed annually in advance through our payment processors (Stripe and, when offered, PayPal). Your membership renews automatically at the then-current price unless you cancel before the renewal date from your Account page or the processor's portal.
• Cancelling stops future renewals; your membership stays active until the end of the paid term. Fees are non-refundable once a term begins, except where the law requires a refund or we say otherwise in writing.
• Complimentary, trial and staff memberships are granted at our discretion, carry no cash value, and may be withdrawn at any time.
• If a membership is suspended or terminated for breach of these Terms, no refund is owed for the unused term.
• Prices exclude any taxes we are required to collect; taxes are added at checkout where applicable.

4. Site credits and listing allowances

• Each plan includes a monthly allowance of free listings. Additional listings and bumps consume site credits, purchased in advance and shown in your Account.
• Credits are a prepaid licence to use Service features. They are not money, earn no interest, cannot be transferred or exchanged for cash, and expire when your account closes. Credits spent on a listing that is later removed for breaching these Terms are not refunded.

5. Deals between members

When you buy, sell or trade with another member you are entering a contract with that member only. You alone are responsible for:

• Verifying the identity of the other member and the authenticity, condition, grade and value of any item before paying or shipping.
• Agreeing on price, payment method, shipping, insurance and returns, and keeping a record of what you agreed (the MoxSwap chat is a good place to do this).
• Choosing payment methods. We strongly recommend methods with buyer and seller protection and warn against wire transfers, gift cards, cryptocurrency and 'friends and family' transfers to people you do not know. MoxSwap does not endorse or guarantee any payment method.
• Complying with all laws that apply to you, including consumer protection, sales-tax, export and age-restriction laws, and paying any taxes due on your sales.
• Resolving disputes directly with the other member. We may, but are not obliged to, review reports and take action against an account. We cannot recover items or payments.

The Deals feature lets two members record that they completed a trade so both can leave verified feedback. Recording a deal does not mean MoxSwap verified that it happened, and creating a false deal record is a breach of these Terms.

6. Listings and prohibited items

Every listing must describe one specific item or lot you own and have in hand, using your own photographs of that actual item. You may not list:

• Counterfeit, reproduction, proxy or altered cards or slabs presented as genuine; re-sealed or tampered product; items whose grade label, certification number or holder has been altered or does not match the grader's records.
• Stolen, lost-and-found or otherwise unlawfully obtained items, or items you do not have the right to sell.
• Items that are illegal to sell, ship or own in your jurisdiction or the buyer's, or that infringe another party's intellectual property.
• Anything other than trading cards, collectible cards, graded slabs, sealed product, video games, consoles, tabletop games, and directly related accessories and supplies. MoxSwap is a hobby marketplace; unrelated goods and services are removed.
• Raffles, lotteries, 'mystery' or randomised lots that are not fully described, pre-orders for items you do not yet have, or listings whose real purpose is to drive members to another site.
• Stock photographs, manufacturer images or another member's photographs presented as the item for sale.

We may edit, hide or remove any listing, and may require additional photographs or proof of ownership, at any time and for any reason.

7. Conduct rules

You agree not to:

• Harass, threaten, defame or discriminate against anyone; post obscene or hateful content.
• Misrepresent yourself, an item, a price, a grade or a shipping status; leave feedback that is false, retaliatory, bought or exchanged; or coordinate feedback between accounts you control.
• Use the Service to arrange a deal and then pressure the other member to move payment or communication off-platform in order to evade these rules or protections.
• Post another person's private information, or use member contact details for anything other than the deal at hand.
• Scrape, crawl, copy or bulk-download listings, profiles or messages; interfere with the Service's security or operation; use bots or automation without our written permission; or attempt to access accounts or data that are not yours.
• Advertise unrelated products or services, including grading, authentication or payment services, without our permission.

8. Your content

You keep ownership of the text, photographs, card lists and other content you post. You grant MoxSwap a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, adapt (for example resizing photographs) and distribute that content for the purpose of operating, promoting and improving the Service. The licence ends when the content is deleted, except for copies kept in backups for a limited time and content other members have already quoted or shared.

You confirm you have the rights to post your content and that it does not infringe anyone's rights. Card names, set names, logos and artwork belong to their respective owners; MoxSwap is not affiliated with or endorsed by any game publisher, grading company or console manufacturer.

9. Feedback and reputation

• Feedback is a member's opinion about a completed deal. MoxSwap does not verify feedback content, and the 'verified' label means only that both members recorded the deal in the Deals feature.
• We may remove feedback that breaches Section 7, and we may suspend accounts that manipulate reputation. We do not otherwise edit or remove feedback at a member's request.

10. Intellectual property and copyright complaints

The Service, including its design, code, name and logo, belongs to MoxSwap and its licensors. You may not copy the look of the Service or use our name or logo without permission.

If you believe content on the Service infringes your copyright, send a notice to support@moxswap.com with: your contact details; identification of the work and of the infringing material with its URL; a statement that you have a good-faith belief the use is not authorised; a statement under penalty of perjury that the notice is accurate and you are the owner or authorised to act; and your physical or electronic signature. We will remove or disable access to infringing material and may terminate repeat infringers.

11. Suspension and termination

• You may close your account at any time from your Account page. Closing an account does not refund membership fees or credits.
• We may suspend or terminate your account, remove content, and refuse future accounts if you breach these Terms, create risk or legal exposure for us or other members, or if we discontinue the Service. Where practical we will tell you why.
• Sections 1, 5, 8, 9 and 12 to 16 survive termination.

12. Disclaimers

THE SERVICE IS PROVIDED 'AS IS' AND 'AS AVAILABLE'. TO THE FULLEST EXTENT PERMITTED BY LAW, MOXSWAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY LISTING IS ACCURATE, THAT ANY ITEM IS GENUINE OR AS DESCRIBED, THAT ANY MEMBER WILL PERFORM, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

The 'in stock nearby' signal, distance estimates, price displays and similar features are informational and may be inaccurate or out of date.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MOXSWAP AND ITS OWNERS, OFFICERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL OR ITEMS, ARISING FROM YOUR USE OF THE SERVICE OR ANY DEAL WITH ANOTHER MEMBER, EVEN IF WE WERE ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE MEMBERSHIP FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AND ONE HUNDRED US DOLLARS.

Some jurisdictions do not allow certain limitations; in those places our liability is limited to the smallest amount the law allows.

14. Indemnity

You will defend, indemnify and hold harmless MoxSwap and its owners, officers, employees and contractors from any claim, loss, liability and expense (including reasonable legal fees) arising from your content, your listings, your deals with other members, your breach of these Terms, or your violation of any law or third-party right.

15. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Before filing any claim against MoxSwap you agree to contact us at support@moxswap.com and attempt in good faith to resolve it informally for at least 30 days.

Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in the State of Texas, and you consent to their jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property. YOU AND MOXSWAP EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, TO THE EXTENT PERMITTED BY LAW.

Nothing in this Section applies to disputes between members, which are theirs alone to resolve.

16. Changes to these Terms and general provisions

• We may change these Terms. For material changes we will give notice by email or in the Service at least 14 days before they take effect, and may ask you to accept the new version before you continue. Using the Service after the effective date means you accept the change.
• These Terms, the Privacy Policy and the Safety Guide are the whole agreement between you and MoxSwap about the Service. If any part is unenforceable, the rest stays in force. Our failure to enforce a term is not a waiver. You may not assign these Terms; we may assign them to a successor of the Service.
• Questions about these Terms: support@moxswap.com.