Terms of Service
These terms were last updated January 26, 2023
- You are independently responsible for complying with all applicable laws in all of your actions related to your use of MMOSWAPs services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy. Violation of this Acceptable Use Policy constitutes a violation of the MMOSWAP User Agreement.
- MMOSWAP is a communications platform that allows users to offer, sell and buy products through the website www.mmoswap.com (“Site”). As a Communications Platform, MMOSWAP does not own or sell the items listed on this site. The actual contract for sale is directly between Buyers and Sellers. While MMOSWAP may help to facilitate the transactions and/or resolution of disputes between Buyers and Sellers, MMOSWAP has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of Users’ content or listings. You agree that the Site is a venue and as such MMOSWAP is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site. You use the Site at your own risk. By utilizing this website you enter an agreement with you("user") and Cloud Capital LLC.
- Amendments. MMOSWAP may amend this Agreement and/or Site policies at any time, with or without notice to you, by posting the amended and restated Agreement or policy on the Site. The amended and restated Agreement and/or policy shall be effective immediately upon posting. Posting by MMOSWAP of the amended and restated Agreement or policy and your continued use of the Site shall be deemed to be an acceptance of the amended terms. This Agreement and Site policies may not otherwise be modified, except in writing by an authorized officer of MMOSWAP.
Prohibited items/Products:You may not use the service for activities that:
- Violate any law, statute, ordinance or regulation.
- Relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.
- Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
- Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- Be part of a scheme to defraud other Users of the Site or for any other unlawful purpose
Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti–discrimination or false advertising);
Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
Be obscene or contain or infer any pornography or sex–related merchandising or any other content that otherwise promotes sexually explicit materials or is otherwise harmful to minors;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming);
Solicit business from any Users in connection with a commercial activity that competes with MMOSWAP/the Site;
Contain any computer viruses, Trojan horses, worms or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data, or personal information;
Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies;
Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
Otherwise create any liability for mmoswap, its employees, directors or its affiliates.
- You agree to obey and follow all restrictions and eligibility requirements set forth by any "payment processor" that MMOSWAP.COM may utilize, this includes processors such as debit/credit card processors, crypto processors, and other payment option processors. MMOSWAP.COM has strict fraud policies in place to prevent fraudulent transactions from going through our website and we have a no-tolerance policy on any sort of products or services that violate any of our processors terms of service and a no tolerance policy on anything fraudulent. if we suspect you of committing fraud such as money laundering, theft, scams or selling illegal goods and so on, MMOSWAP.COM reserves the right to immediately terminate access to our services to you and anyone believed to be associated to the fraud that is occurring. It will be at MMOSWAP.COM sole discretion if a user is being determined as fraudulent through our automated systems and manual reviews and if illegal activity is found to be occurring, you may be reported to 3rd party law enforcement and your data and information may be released to these 3rd parties as-well as any applicable credits you have seized and your account disabled. MMOSWAP.COM reserves the right to deduct the full balance of any credits you may retain if your found to of been involved in these activities to be held against future potential damages at a rate of $2,500 per offence and or 2,500 credits per offence.
- Throughout these Terms, "you" applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. We refer to MMOSwap as "we", or "us" throughout these Terms. These terms may reference "mmoswap.com, the services, our services, mmoswap" all of these are intended to refer to one entity to be clear.
- “User” – any person who accesses the Site for whatever purpose, regardless of whether said User has registered with the Site as a Registered User. A User includes any person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
- You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date, and for keeping your password secure. You are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Minimum Age Requirement
- Our Services are not directed to children. Access to and use of our Services is only for those over the age of 16. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 16 years of age or older.
Responsibility of Visitors and Users
We have not reviewed, and cannot review, all pricing data and market analytics being displayed on the platform or through our API. The data provided on our platform is provided for educational value, and should be independently verified before being used when making financial decisions.
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, MMOSwap. For example:
- We do not have any control over those websites and are not responsible for their contents or their use.
- The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- If your payment fails, subscriptions are otherwise not paid for or paid for on time, or we suspect a payment is fraudulent, we may immediately cancel or revoke your access without notice to you. If you contact your bank or credit card company to decline or reverse the charge of fees for a subscription or payment, we may revoke your access to our Services, and will charge you for any damages incurred, including chargeback fees from our payment processor - These fees are $40 per chargeback + You must pay a $250 reinstatement fee to restore your account. Please email us to resolve these sorts of issues.
- Payments made by sellers to bring a negative balance positive or to top-off their balances are non-refundable and may only be withdrawn through the usual withdrawal system subject to fraud checks and standard procedures.
- To ensure uninterrupted service, recurring subscriptions are automatically renewed. This means that unless you cancel a subscription before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your subscription will be renewed for the same interval of time as your original subscription period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date for your subscription by visiting your subscriptions page after logging in to your account. For more information about how subscriptions work, please see our Pricing and Subscription pages.
Cancelling Automatic Renewal
- You can manage and cancel your subscriptions on your subscriptions page after logging in to your account. If you're unable to access or cancel from this page, please contact us and we will be able to help you.
- While you may cancel a subscription at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
- Refunds are issued when a seller fails to complete delivery within a timely manner as stated on their delivery guarantee - Generally, as an example if a guaranteed delivery time is 30 minutes, we will issue a refund has passed unless a payment is being reviewed for fraud or by our internal systems - In which case a refund may take 3-7 business days to process. The "goal" is to issue a refund within the timeframe the seller has listed as the delivery time - This is not always possible, by purchasing through MMOSWAP you agree that we may have up to (1) business day to issue refunds back to you as credit in cases where the sellers delivery time is less than 1 business day.
- Refunds are issued back to your website balance as credit - these credits have no external value and are only usable on mmoswap.com
Anti- Money Laundering
- MMOSWAP is committed to full compliance with all applicable laws and regulations regarding Anti- Money Laundering (“AML”). MMOSWAP's policy is to prevent people engaged in money laundering, fraud, and other financial crimes, including terrorist financing, from using MMOSWAPS services.
- MMOSWAP has robust policies and procedures to detect, prevent and report suspicious activity. To comply with OFAC (Office of Foreign Asset Control) requirements, and global sanctions, we screen our customer accounts against government watch lists through an anti-fraud tool. In addition, we may request that you provide us with documentation to help prove your identity or for business verification purposes.
How does this impact me?
- As part of our AML procedures, we collect information from you to satisfy our Know Your Customer requirements. This means that we may request information from you due to a specific identification requirement or as a result of our watch list screening process. We may ask you to provide documentation to help confirm your identity or provide additional information regarding your business. We may also request that you seek pre-approval for utilizing the MMOSWAP Communications Platform if your account falls within a high risk compliance category.
Third party rights:
- Third Party Rights. Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to the Site or authorizes MMOSWAP to display. Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to MMOSWAP or authorizes MMOSWAP to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
- Grant of license. Each User hereby grants an irrevocable, perpetual, worldwide and royalty–free, sub–licensable (through multiple tiers), assignable license to MMOSWAP and its affiliates to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the rights the User has in such material or information, including, but not limited to, copyright, publicity, and database rights, in any media now known or not currently known.
- No person, employee, agent or entity affiliated in way to any game publisher or developer, including, without limitation, Blizzard Entertainment, Battle.net, Sony Online Entertainment Inc., Sony Computer Entertainment America Inc., NCSoft Corporation, Turbine, Ubisoft, Codemasters, Electronic Arts, CCP Games, Atari, Webzen, Acclaim, Mythic Entertainment, Inc., Lucasfilm Entertainment Company Ltd., and Square Enix CO., LTD., is authorized to use or access this site or to utilize the services provided herein.
- By creating an Account, You also consent to receive electronic communications from MMOSWAP (e.g., via email). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the respective unsubscribe instructions.
- Prohibition on transferability of Account, User Name, and Password. A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User Name or Password to a third party without the prior written consent of MMOSWAP. MMOSWAP may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
- General. MMOSWAP provides an electronic web–based platform for exchanging information between buyers (“Buyer” or “Buyers”) and sellers (“Seller” or “Sellers”) of products and services. For each transaction, MMOSWAP requires the parties to complete the transaction (deliver the goods to the Buyer) for Seller to get paid.
- Users are solely responsible for all of the terms and conditions of the transactions conducted on, through, or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
- Listing Description. All listings on the Site must be for sale. By listing an item, you warrant that you and all aspects of the item comply with the Site’s policies. You also warrant that you have the full rights to sell the item, and that such selling will not violate any legal or contractual obligations to which you may be subject. You must accurately describe your item and all terms of sale. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
- Binding Sale. Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The Seller is obligated to ship the order, transfer the item, or otherwise complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of the Seller's listing (such as payment method), or (b) the Seller cannot authenticate the Buyer's identity. The Buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
- In assistance to the Seller concluding a transaction on the Site, MMOSWAP acts as a disclosed commercial agent of the Seller in the limited scope where MMOSWAP is in each case hereby authorized by the respective Seller to accept a respective payment from the Buyer on behalf of the Seller for the goods sold by such Seller to the Buyer. For the avoidance of doubt, such funds received on behalf of the Seller by MMOSWAP are and at all times remain the property of the Seller. In any case, MMOSWAP does not control and is not liable to or responsible for the quality, safety, lawfulness, or availability of the products or services offered for sale on the Site, the ability of Sellers to complete a sale, or the ability of Buyers to complete a purchase. Users are hereby made aware that there may be risks of dealing with other Users acting under false pretenses. MMOSWAP uses several techniques to verify the accuracy of the information our Users provide to us when they register on the Site. However, because User verification on the Internet is complex and problematic, MMOSWAP cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
- Assumption of Risks. Each User acknowledges that it is fully assuming all Transaction Risks when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with using the Site. Each User agrees that MMOSWAP shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.
- Taxes. All listings and their prices on the Site must be placed pursuant to “all taxes included” principle. Users shall pay all sales and use taxes and all other taxes arising from their use of the Site and the transactions concluded therein. The Users are particularly responsible for paying any due taxes (including VAT from sale of In-game items through the Site), fees or other due amounts required in connection with the agreements they have concluded between each other (including issuing any invoices and provision of any reporting documentation). MMOSWAP in any case is not liable for settling above fees and taxes and for any filing obligations of the Users.
- You and MMOSWAP agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to the Site, the Services, or any products or services sold or purchased through the Sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and MMOSWAP have against each other are resolved.
- Applicable Law. You agree that the laws of the businesses established country, without regard to the principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and MMOSWAP, except as otherwise stated in the User Agreement.
- Agreement to Negotiate and Arbitrate. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the Ohio Arbitration rules, operating under its rules. The place of arbitration shall be Cincinnati, Ohio and the language of arbitration shall be English.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND MMOSWAP AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MMOSWAP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE’S USERS.
- Consent to Jurisdiction. In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and MMOSWAP must be resolved exclusively by a competent court of the state of Ohio. You and MMOSWAP agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Ohio, for the purpose of litigating all such claims or disputes.
By utilizing mmoswap's platform you hereby agree to be liable for any and all taxes related to your transactions on mmoswap. MMOSWAP reports taxes through it's United States based LLC only - Customers and merchants are 100% responsible for paying any VAT tax, income tax, sales tax or any other respective taxes to their respective governments. Please consult a tax professional for assistance regarding any tax questions you may have. By utilizing MMOSWAPS platform you agree that MMOSWAP may bill you up to 7 years later for any taxes that should of been collected at the time of transaction that may be determined as owed by any legal entity. You agree to hold MMOSWAP and its affiliates not liable for any tax related problems.
Forbidden person(s) and Organization(s)
By utilizing this website in any form you agree and consent that you are NOT a:
- Charitable organization
- Government organization
- Employed by any Government Organization
- Law Enforcement Of Any Kind
Utilization of MMOSWAP in any form by any of these organizations or people(s) is expressly forbidden and you must immediately leave the website and delete any information or knowledge you gained related to the website.