These Terms of Use ("Terms") are a binding agreement between you and MoxSwap ("MoxSwap", "we", "us"). They govern your access to and use of the MoxSwap website, apps and services (the "Service"). By creating an account, checking the acceptance box at signup, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
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 buyer and seller. 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 buyer and seller. Every listing is an advertisement created by a member, and every deal is a private agreement between the members involved.
The only money MoxSwap ever collects from you is a membership fee, described in Section 3, and only where the Membership page shows a paid plan and you choose to buy one. We take no cut of any deal. 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. Accounts, access and membership plans
Creating an account is free. Anyone with an account can browse, search, save and follow. Once your email address is confirmed you can also post listings, bump them, comment, keep a wishlist and a card list, message other members, record deals and leave feedback, subject to the Membership page, to the allowances in Section 4 and to the rest of these Terms.
If a paid plan is ever offered, its price and what it covers will be stated on the Membership page before you can buy it, and these Terms will be updated.
If you buy a membership, it is billed in advance through our payment processors (Stripe and, when offered, PayPal) for the term shown at checkout, and renews automatically at the then-current price unless you cancel before the renewal date from your Account page or the processor's portal.
If you buy a membership, cancelling stops future renewals and 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, where Section 12 says otherwise, or where we say otherwise in writing.
Complimentary, trial, staff and promotional-code memberships are granted at our discretion, carry no cash value, and may be withdrawn at any time. Because no fee was paid for them, nothing is owed to you for membership time granted this way — including if we discontinue the Service. Where a membership mixes paid and granted time, only the time you actually paid for is treated as paid.
If an account or a membership is suspended or terminated for breach of these Terms, no refund is owed for any unused term.
Prices, where shown, exclude any taxes we are required to collect; taxes are added at checkout where applicable.
4. Bump allowances and listing limits
Your account has a monthly bump allowance, and may also have a monthly listing allowance. Where an allowance applies to you, the figure is shown in the app — on your Manage posts page, and on the Membership page where a plan sets it.
An allowance resets on the first day of each calendar month (UTC). Unused listings and bumps do not roll over into the following month.
When an allowance is used up you can post or bump again after the next reset, or, where the Membership page offers a plan with a larger allowance, move to that plan.
MoxSwap charges nothing per listing, per bump or per deal. A membership fee, where one applies, is the only charge.
5. Deals between buyer and seller
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 a buyer and a seller 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 (see Section 11); interfere with the Service's security or operation; 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, our marks 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.
Each listing belongs to the member who posted it, but the collection of listings, profiles, feedback, card lists and other data on the Service — and its selection, arrangement and structure — is our compilation and is protected as such, separately from the individual items in it.
MoxSwap, the MoxSwap logo and our other names, marks and slogans are our trademarks, whether or not they are registered. You may use the name MoxSwap in plain text to refer to the Service, for example to link to a listing or to say where you found an item. You may not use it, or anything confusingly similar to it, as part of your own business name, product name, domain name, social media handle or logo, or in any way that suggests we endorse, sponsor or are affiliated with you. Nothing in these Terms grants you a licence to our marks.
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. Automated access, scraping and data use
The Service is built for people browsing and trading, not for automated collection. Except with our prior written permission, and whether or not the content is behind a sign-in:
You may not scrape, crawl, spider, harvest, index or bulk-download any part of the Service, or use a bot, script, headless browser or other automated means to access it.
You may not call the endpoints the Service's own pages use, or any other internal or undocumented interface, outside ordinary use of the Service in a browser.
You may not circumvent, disable or ignore a rate limit, a robots.txt directive, an access control, a sign-in requirement or any other technical measure that limits access.
You may not copy, resell, republish or redistribute listings, profiles, photographs, feedback or member data, in whole or in part, or use them to build or populate a competing or derivative service, mailing list or database.
You may not use content from the Service to train, fine-tune or evaluate a machine-learning model, or supply it to anyone else for that purpose.
You may not frame, mirror or embed the Service, or remove or obscure any notice on it.
Search engines that obey our robots.txt are welcome, and you may of course keep a personal copy of your own listings and messages. If you want automated or bulk access for anything else, ask us at support@moxswap.com first; we may grant it on conditions and may withdraw it at any time.
If we reasonably believe an account, IP address or client is breaching this Section we may rate-limit, block, suspend or terminate it without notice, and seek an injunction. Because the harm from bulk copying is hard to measure after the fact, you agree that money damages alone would not be an adequate remedy. Nothing in this Section limits any right you have under applicable law that cannot be waived by agreement.
12. Suspension, termination and changes to the Service
You may close your account at any time from Account → Login & security. Closing is immediate and cannot be undone: any active membership ends at once, remaining paid time is forfeited, and nothing is refunded. If you want a copy of your data, download it from the same page first.
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.
We may change, suspend or discontinue the Service, or any part or feature of it, at any time and for any reason. If we choose to close the Service down, we will give at least 30 days' notice by email and in the Service, and a window in which to download a copy of your data from your Account page before it is deleted. If instead the Service ends or is interrupted because of an event beyond our reasonable control, as described in Section 17, we will give whatever notice is practical in the circumstances, which may be little or none.
If we discontinue the Service we will refund the unused portion of any membership fee you actually paid us, pro-rated from the closing date, so far as a payment provider available to us can process the refund. That refund is your sole remedy for the closure. Complimentary, trial, staff and promotional-code membership time is not money, carries no cash value and is not refunded — a granted membership costs you nothing, and nothing is owed for it.
Except for that refund, we are not liable to you or to anyone else for any change to, suspension of, or discontinuation of the Service or any feature, or for any resulting loss of listings, messages, feedback, reputation or opportunity.
Sections 1, 5, 8, 9, 10, 11 and 13 to 17 survive termination.
13. 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.
14. 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.
15. 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.
16. Governing law and disputes
These Terms are governed by the laws of the State of California, 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 California, 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 buyer and seller, which are theirs alone to resolve.
17. 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.
Neither you nor MoxSwap is responsible for any failure or delay in meeting these Terms caused by an event beyond that party's reasonable control, including natural disaster, fire, war, civil unrest, epidemic, government or court order, strike, power or network failure, cyber-attack, and the failure, withdrawal, suspension, price change or insolvency of a hosting, database, payment, email or other provider the Service depends on. If such an event stops us operating the Service we may suspend or close it under Section 12 without further liability to you.
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.