Registration on the site is not available to:

To register you must:

SwapXS may refuse any registration, without giving a reason.

SwapXS may suspend any account, at any time, without giving a reason.

You agree not to disclose you account name and password (directly or indirectly) to any other party.

You agree that you are solely responsible for all activities carried out on the site using your account name and password.

You agree to only use the site using your account name and password.

You agree to only create and use one account name and password.

The site is a venue which allows registered users to offer items for swapping. We do not review listings provided by users, we do not possess the items offered through the Site and we are not involved in exchanges between swappers. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings or the ability of swappers to participate in swaps and swap items. Do not assume that an item or the description of an item is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that swappers actually exchange items. You accept sole responsibility for the legality of your actions under laws applying to you.

Illegal Items

Do not offer any item for swapping that is illegal. This includes copies of DVDs, CDs, games, recordings from TV, mp3 copies of music or spoken word recordings. Any attempt to do so will result in suspension fro the site.

Verification of users

SwapXS cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site.

Like other sites, we use a system of feedback to build up a swap profile for each user. The swap profile for each user is built up slowly and can be used to help evaluate the person you are dealing with and the conduct of that person on the site. Every users swap profile is freely available to all users of the site.

Users with a swap rating of zero in their swap profile will be new to the site and have not completed any swaps. They have no history on the site. This can be a problem with established users reluctant to agree swaps with these users because it is not know who is being dealt with. To encourage swapping with such users the swap etiquette of the site is that the user with the lowest swap rating is expected to post their item first, and when this is received the user with the higher rating is expected to post their item. This ensures that the users with higher swap ratings, who are good patrons of the site are rewarded for their loyalty with reduced risk.

We encourage you to communicate with potential swappers using the tools available on the Site.

For example, if a person gives an inaccurate description of an item that is subsequently swapped this should be recorded in the user's swap profile as feedback supplied by the other party in the swap.

Swap Profile

You must not take any actions that may undermine the integrity of the swap profile system. We may limit the number of items you may place on the Site and limit the number of offers you are allowed to make based upon the level of your swap rating.

User accounts may be suspended at any time without notice if it is suspected that you have been manipulating the swap profile system.

Feedback from other websites is not recognised on SwapXS as it does not accuratly describe you actions on this website.

Liability

In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release SwapXS (and our affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

Information Supplied By Users

You may find information provided by other user's of the site to be offensive, harmful, inaccurate, or deceptive. We do not control the information provided by users of the site.

Users may provide false and misleading information intended to deceive you. While we endeavour to ensure this is not the case, by using this Site, you agree to accept such risks and agree that SwapXS is not responsible for the acts or omissions of users on the Site.

If you agree to swap an item you have a legal obligation to complete the swap with the other user. You can agree to a swap in two ways:

You must ensure that you are legally able to swap any item that you make an offer for.

You must ensure that you are legally able to swap any item that you list on the site, and that it is lawful to swap the item to UK residents.

You must describe your item and any terms of the swap on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. You are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers.

Fraud

We may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.

Copyright Infringement

We are not responsible for verifying a user's right to list and swap items. You must ensure that listed items or the content of listings do not infringe the copyright, trade mark or other intellectual property rights of third parties.

Third parties are encouraged to notify us if they believe their intellectual property rights have been infringed and we may remove such infringing items and/or suspend infringing users.

Personal information may be made available to third parties as described in the privacy policy.

Fair Play

You must not make offers on items that you have listed or encourage others to do so on your behalf. You must not manipulate other users items in any way.

Joining SwapXS and viewing items is free, although you will remain responsible for the costs of accessing our Site and communicating with our users.

Listing of items on our site is free, although you may choose to pay for extra services to enhance your item's display in the search results. No fees are charged unless you agree to swap your item. When you agree to swap your item a fee will be charged for the swap as well as any extra services you requested.

When you list an item you have an opportunity to review and accept the fees that you will be charged if the item is swapped. Fees may change at any time, however changes will only effect items listed after the date of the change. 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.

Items may be relisted multiple times at no extra cost. When an item is relisted any listing services you previous selected will be replaced with the currently selected services. You will only be charged for the listing services that were being used when the swap was agreed.

All fees are payable in GB Pounds sterling. Value added tax and other taxes may apply to your transaction. Users will be responsible for paying all fees associated with using our service and our Site and all applicable taxes. You agree that we may issue you with invoices in electronic format by email.

Definition

"Your Information" is defined as any information you provide to us or other users in relation to the SwapXS service including the registration, offering, listing or feedback process (including, without limitation, any description of items listed), messages posted to other users and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.

Restrictions

Your Information and your activities on our Site must not: be false, inaccurate or misleading; be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights; infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy; be fraudulent or involve counterfeit or stolen items; be in breach of any applicable laws or regulations (including, but not limited to, consumer protection, unfair competition, anti-discrimination, false advertising); be obscene, indecent or contain child pornography; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this User Agreement; (b) are identical to other items you have listed; (c) are concurrently listed for sale or swap on a website other than SwapXS; or (d) you do not have a right to link to or include; contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to intercept, access without authority or request any system, data or personal information; cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.

You must not list any item on the Site (or complete any transaction initiated using the Site) that, by paying to us the swap fee, could cause us to violate any applicable law.

Licence

To enable SwapXS to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.

Access and Interference

Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to SwapXS 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 eBay 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 any measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.

Your Use of Other Users' Information

Our service allows all registered members to contact each other using the My Messages facility of the site. Email addresses are never given out to other members, as interactions are expected to take place via the My Messages facility. When a swap is agreed between SwapXS members, our service supplies both parties involved in the swap access to the contact information of the other party.

By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through a communication or transaction, you may only use such information for: (a) SwapXS-related communications that are not unsolicited commercial messages and relate to your genuine participation in an SwapXS-facilitated transaction, (b) using services offered through SwapXS, and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel may be given different rights with respect to information they access.

SwapXS and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add an SwapXS employee or a SwapXS user, even a user who has swapped an item with you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. Please report spam from other SwapXS users.

We may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.

We (and our affiliates, officers, directors, agents and employees) 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. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement.

We (including our affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

Our liability to you or any third party, and the liability of our affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £50.

You agree to indemnify and hold us and (as applicable) our affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, making offers and solicitation of offers to swap of items. There is no practical way for us to continually monitor each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully listed and swapped similar items in the past.

Disputes between you and SwapXS regarding our services may be reported to Customer Support. We encourage you to report all disputes between users to your local law enforcement body.

A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by SwapXS, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and SwapXS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. 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 User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.

This Agreement will prevail over any conditions imposed by a user on an item listing and our Privacy Policy and Fee Policy, are incorporated in this User Agreement by reference. Each of the policies may be amended from time to time and material changes will be posted on the Site.

Sections 5 (Fees), 6 (Your Information), 9 (Limitation of Liability), 10 (Indemnity), 11 (Governing Law), 12 (Dispute Resolution) and 13 (Third Party Rights) shall survive any termination of this User Agreement.