Terms of Service

Swap your things for things you want.

1. Declutter & Save

Give away your unwanted items and get things you need in return.

2. Earn Caps

Earn unlimited Caps when you Sell your Items, Complete Surveys, Watch Video Ads, and more!

3. Cash Out

Spend Caps to get great items from other people or cash out for paypal / gift cards, no minimum!

Members Terms of Service
By signing up and actively using the SwapCaps.com program you agree to all terms and conditions set forth in this agreement. SwapCaps.com may, at any time, choose to edit, add and/or delete portions of this agreement and impose changes without prior notification of its members. Members will be informed of any and all changes to this policy via an email to their primary contact email address provided upon signing up with SwapCaps.com or via the SwapCaps.com activity notification. If any modification is unacceptable to you, your only recourse is to terminate this agreement or to file an appeal. Your continued participation in the SwapCaps.com program following our posting of a change in policy notice or new agreement on our site will constitute binding acceptance to the change.

Use of the Service By joining the Service, you become a member of a marketplace and community for listing and exchanging free items. Each member lists auctions or listings for items he or she is willing to give away for free. Upon signup, you may receive a certain number of free Caps for bidding in the marketplace (limit one set of free Caps per user). For each item that you give away, you can earn a certain number of Caps based on the outcome of the auction or listing. With your Caps you can bid on auctions or win listings in the marketplace from other members, who will either arrange for digital delivery or ship them to you at the seller's expense.

"Account" means the entirety of your contractual rights and obligations under this Agreement associated with a particular Account name you have selected for accessing the Service.

When other members win auctions or listings that you listed, their Caps are automatically held in "pending" status by SwapCaps until items are delivered.

You agree not to post content or listings in an inappropriate category or areas of the Service.

You agree not to violate any laws, third party rights or our policies.

You agree to deliver items won from you, unless the winner fails to meet the terms in your listing or you cannot authenticate the buyer's identity.

You agree not to manipulate the price or interfere with any listings.

You agree not to post false, inaccurate, misleading, defamatory, or libelous content (including personal information).

You agree not to promote your referral links or the Service using SPAM or deceptive tactics.

You agree not to solicit offline transactions or exchange any items directly for cash.

You agree not to distribute or post SPAM, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.

You agree not to collect information about users, including email addresses, names, listings, etc. without their consent.

Responsibility of Members

  1. You must understand English. You must be at least 18 years old or at least 13 years old with parental consent. Requests may be made to verify your age.
  2. You may be required to provide verification of identity prior to ANY payment or order upon our request. Accepted forms of identification include: Official drivers licence, passport or your previous year's tax returns.
  3. Only one account may be held per member, household and IP. You must NOT sign up from a proxy IP, cell phone or a public internet connection (such as a school, Wi-Fi hot-spot or a library) You are also not permitted to sign up multiple times using different email addresses.
  4. Internet Explorer and Firefox are recommended when using SwapCaps.com do NOT use AOL or Netscape as your browser as they cause known conflicts with your IP address, resulting in account suspension or closure.
  5. You may log in to SwapCaps.com from a non-home computer or a cell phone but you MUST NOT complete any sponsor offers for free Caps. Doing so may result in your account being suspended.
  6. Your computer and connection must not be used by another individual whom has an existing account for the purposes of offer completion. Members are responsible for ensuring that offers are completed on their own connection only.
  7. You may only sign up for offers in your own name, and only one person may use the account. The exception is married couples living in the same household, who may share an account. If you use a credit card for trials, the credit card must be in your name - No one else's!
  8. All information provided by yourself during registration, on Saved Addresses, and offer completion must be your own and may not pertain to any other individual. False information including but not limited to: addresses, phone numbers and names will constitute an attempt to commit fraud and we reserve the right to suspend your account pending further investigation.
  9. You are not allowed to use an internet voicemail/internet phone number on your account on SwapCaps.com.
  10. You cannot repeat offers on SwapCaps.com that you completed on other sites. Likewise, offers may only be completed once on SwapCaps.com with the exception of the daily surveys, daily clicks and recurring tasks which may be completed once per 24 hour period.
  11. You are not permitted to cancel offers once credit is received, nor are you permitted to encourage others to do so. You must fulfill all offer requirements to qualify for credit. Early cancellation or incorrect completion may result in credit reversal.
  12. Cookies must be enabled by your browser in order to receive credit for offer completion. We require you to ensure they are not blocked.
  13. You are solely responsible for any and all use of your SwapCaps.com account and you may not authorize another to use or otherwise access your account.
  14. Fraudulent users are NOT welcome on SwapCaps.com. We rely on the honesty of all parties in order to remain an asset to all users. In order to ensure this honesty, to the best of our ability, we closely monitor our site for fraud and abuse.
  15. Should any instances of fraud, system abuse, or any type of activity deemed to be inappropriate or illegal by SwapCaps.com be detected, it will result in account termination and possible legal action. Any and all earnings whether reversed by the advertisers or not will be revoked without warning and any pending orders canceled.
  16. Anyone caught cheating and/or committing fraud in any capacity will be held in violation of these terms, thus no longer protected by them. We reserve the right to share your identity with others within the stipulations of data protection in an attempt to prevent further fraudulent activity.

Relationship of the Parties
You and SwapCaps.com are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and SwapCaps.com. You understand that you do not have authority to make or accept any offers or make any representations on behalf of SwapCaps.com. You may not make any statement, whether on your site or otherwise, that would contradict anything in this section. You are solely responsible for the reporting and payment of any taxes for money earned while using the SwapCaps.com program. For privacy and for protection of our marketing strategies no part of the site, e-mails, newsletters, updates, templates and promotions may be reproduced in any way without prior consent. This includes but is not limited to use of our images, ideas, text, terms or any other information we consider as copyrighted material. Publishing/posting/quoting part or all of such content online or off-line by any means or method is prohibited.
We do not guarantee that a user will receive credit for offers. We reserve the right to refuse credit for an offer for a number of reasons, including, but not limited to, fraud, system abuse and early termination. You are doing all offers on a voluntary basis with the understanding that no credit is guaranteed for the time you spend completing offers. Payment from offers will only be made after verification that offers completed have been validated and that the offer(s) has been paid upon by the advertiser. SwapCaps.com will never be deemed as owing payment to any member. There are occasional delays in receiving commissions from the advertisers and, by participating in the SwapCaps.com program, members understand and acknowledge that no payment shall be made until SwapCaps.com has received such payment from its advertisers.

Spam
We do not believe in spam; SwapCaps may occasionally send you periodical e-mails containing information regarding site updates and maintenance. We only send these newsletters if you are subscribed as such and you can opt out from your account management page or by clicking the unsubscribe link in any of the e-mails sent. You may not promote your referral links through unsolicited emailing (i.e. SPAMMING), newsgroup postings, or any other method of mass communication. You may not promote your referral links on SwapCaps. Failure to comply will result in immediate termination of your membership with SwapCaps.com and may result in legal prosecution. SwapCaps.com strictly enforce anti-spamming laws. Spamming is a federal crime; Any member caught spamming will not only have their account terminated immediately and lose any past, present and future earnings, but shall also be held liable for spamming as we shall cooperate with any authorities and investigations that may arise from the aforementioned incident. SwapCaps.com may charge up to $5 per spam email sent.

Fraud
Using fraudulent information to complete offers and/or completing offers with fraudulent intent will result in the member's account being deleted without notice and relinquishment of all monies in the account. Fraud includes, but is not limited to, the following: using stolen credit cards to complete offers; using false information to complete offers; using information that is not one's own to complete offers; using prepaid gift and/or credit cards to complete offers; completing the same offer multiple times; canceling offers and/or trials prior to receipt of product and/or service.
Multiple signups by any individual user shall be grounds for immediate termination of all involved accounts. SwapCaps.com reserve the right to file charges against an individual in attempt to recover any earnings received. We have a tough anti-cheat system in place making it extremely difficult to cheat, however if someone is caught cheating, or making attempts to do so, we reserve the right to suspend the userís account, resulting in forfeiture of all earnings.

Payment
All payments and order requests are revised and fulfilled within 5 business days pending account validation. In some cases payments and orders may require additional time to be processed. Before payment, accounts are audited for validation, to ensure both that no fraud has taken place and that the information provided by an individual is current and correct. We cannot make payment to any member with incomplete or inaccurate account information.
SwapCaps.com reserves the right to request proper identity verification for any and all accounts without stating a reason therefore. If such a request is made of a member and subsequently refused, SwapCaps.com reserves the right to withhold funds.

Limitation of Liability
You understand that, except for information, products or services clearly identified as being supplied by SwapCaps, SwapCaps does not operate, control or endorse any information, products or services on the Internet in any way. Except for SwapCaps-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties, that are not affiliated with SwapCaps. You also understand that SwapCaps cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. SwapCaps PROVIDES THE SERVICE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND SwapCaps SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. SwapCaps DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. SwapCaps HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL SwapCaps BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF SwapCaps OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SwapCaps LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

SwapCaps makes no representations whatsoever about any other web site or app which you may access through this one or which may link to this Service. When you access a non-SwapCaps web site or app, please understand that it is independent from SwapCaps, and that SwapCaps has no control over the content on that web site or app. In addition, a link to a SwapCaps web site or app does not mean that SwapCaps endorses or accepts any responsibility for the content, or the use, of such web site or app.

SwapCaps.com will not be liable for lost profits, lost business opportunities, or any other indirect, special, punitive, incidental or consequential damages arising out of or related to both this agreement and the SwapCaps.com program, even if SwapCaps.com has been advised of the possibility of such damages. The provisions of this section survive termination or expiration of the agreement.



Non-Liability
At no time will SwapCaps.com be liable for anything resulting from the use of a member's account. This includes, but is not limited to the following: suspension or termination of an account, dissemination of information concerning an account, legal proceedings initiated against a member, or any damages (actual or consequential) from lawsuits, losses, judgments, litigation costs, attorneys' fees, and any other consequences. SwapCaps.com is solely an intermediary between members and advertisers, and is neither ensuring nor endorsing products or services advertised on SwapCaps.com. Members are solely responsible for any and all consequences of decisions made with regard to any partners' websites.

Non-Responsibility
SwapCaps.com is not responsible for any user/member and, at its discretion, may terminate the service for any user/member at any time, without notice. Upon termination, SwapCaps.com has no further responsibility toward any user/member, whether past or present.

Termination
Termination of a member's account constitutes forfeiture of the privilege to create a new account. Only one account per household is allowed; if more than one account is created for the same household, this is considered fraud and both accounts will be deleted with all points forfeited. Members are required to use true and accurate account information when signing up and to keep their account information up-to-date at all times. If a member is found to have incomplete, inaccurate, or false account information, that account is subject to termination without notice. Members may cancel the use of SwapCaps.com at any time by using the Delete Account feature on Settings page. These terminated accounts shall lose any and all potential benefits associated with the site, including, but not limited to prizes requested.
SwapCaps.com will not offer or owe anything to users whose accounts have been terminated and/or suspended. SwapCaps.com reserves the right to terminate the account and withhold payment from any and all members who are deemed to have fraudulently completed offers, no matter how insignificant the degree of fraud.

Changes to this agreement
Please note these terms will change from time to time. We expect most changes to be minor, but on occasion, there may be changes that are more significant. Regardless, we will post those changes on this page. Although we reserve the right to change this agreement without any prior notice, we will endeavour to send out a notice to all of our members regarding the new terms and/or terms which have changed. If for any reason you do not accept the changes, you will need to contact us, and your account will be removed.

Privacy Policy
At SwapCaps.com, we strive to develop innovative services to better serve our users. We recognize that privacy is an important issue, so we design and operate our services with the protection of your privacy in mind. For more information, please refer to our separate Privacy Policy, which can be found at http://SwapCaps.com/privacy.php.

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