1. Moments Market P2P Marketplace
The Moments Market P2P marketplace allows users to sell and buy various items using cryptocurrencies. The P2PMarket functions in a type of classified add format. The actual interaction for buying/selling is directly between the seller and buyer. Moments Market is not a party to the transaction, and it is not a seller or a traditional auctioneer.
Any guidance we provide as part of our P2P marketplace feature, such as pricing, shipping, listing, and sourcing is solely informational, and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various methods, Moments Market has no control over and does not guarantee: the existence, quality, safety or legality of items listed; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item. P2P means ‘person to person’.
2. Using the P2P Marketplace
In connection with using or accessing our P2P marketplace feature you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:
- post, list or upload content or items in inappropriate categories or areas on the Site;
- breach or circumvent any laws, regulations, third-party rights or our systems, features, services, policies, or determinations of your account status;
- use this feature if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Site, services, features or are a person with whom transactions are prohibited under economic or trade sanctions;
- fail to pay for items purchased by you, unless you have a valid reason as set out in our Moments Market P2P Market policy, for example, the seller has materially changed the item's description after you purchased, a clear typographical error is made, or you cannot contact the seller…;
- fail to deliver items sold by you, unless you have a valid reason as set out in our Moments Market P2P Market policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer…;
- manipulate the price of any item or interfere with any other user's listings.
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content.
- take any action that may undermine the feedback or ratings systems.
- transfer your Moments Market account (in part or entirety) and user ID to another party without our consent.
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
- distribute viruses or any other technologies that may harm Moments Market or the interests or property of users of the Moments Market.
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Moments Market for any purpose, except with the prior express permission of Moments Market.
- interfere with the functioning of Moments Market our Services and/or features, such as by imposing an unreasonable or disproportionately large load on our infrastructure.
- export or re-export any Moments Market application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions.
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Moments Market. Some actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Moments Market or someone else.
- infringe any Intellectual Property Rights that belong to third parties affected by your use of our services.
- commercialize any Moments Market application or any information or software associated with such application, except with the prior express permission of Moments Market.
- harvest or otherwise collect information about users without their consent; or
- sidestep any technical measures used to provide our Services and/or features.
If we believe you are abusing the P2P Marketplace feature and/or our services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account and access to our Site, services, features, delay or remove hosted content, remove any special status associated with your account, remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Site, services and/or features.
3. Listing Conditions & Guidelines
You are required to follow these guidelines. If you don't, you may be subject to a range of actions. You may also be subject to the application of fees and recovery of our expenses in policy monitoring and enforcement.
Clearly specify the terms and conditions of the sale in your listing so that buyers know what to expect. You're required to include the following details in your listing:
- Terms of the transaction.
- Cryptocurrency payment you accept.
- Return policy (if any). If you don't want to accept returns, make sure it’s clearly stated. If you accept returns, you must clearly state the criteria under which you will accept a return.
This should include (but isn't limited to) the following:
- The timeframe in which a buyer must notify you about a return.
- Who will pay for return shipping:
- Shipping method, costs, and other related information.
- Refund policy (if any). You must be specific and clear as to how the refund will be implemented (money back, replacement, or exchange). Additionally, buyers who purchase from you are entering into an agreement with you based on the details you included in your listing, including what you stated in your returns and refund policy. Therefore, you may not add to or alter your returns/refunds criteria once an item has been purchased. Note: Remember that (in general) ‘cryptocurrency transactions’ are final, there are no ‘charge-backs’, and it is your responsibility to return cryptocurrency payments directly to the buyer for their purchase if you cancel a transaction unless a mutual resolution is reached between you and the buyer in this regard. Failure to do so may trigger various action against you administratively and/or legally. You are liable for your actions and/or inactions if you use the Site, our services and or features.
- Any applicable taxes and government-imposed fees.
- Specify the condition of the item(s).
- Describe any defects or flaws in the item(s). Note: When selling a used, refurbished, or flawed item(s), you must include photos of the actual item for sale instead of a stock photo.
- Ensure the safe delivery of the item within the timeframe stated in your listing.
- Items you list must be in your inventory, or you must have an existing agreement with a third party to fulfill the delivery of the item under the terms of your listing.
- You will not offer to sell items outside of Moments Market. Our policies don't cover items sold outside of our Site. Buyers must follow the same rule, so if a buyer offers to buy something from you outside of Moments Market, don't accept the offer.
4. Seller performance policy
As a seller, you're expected to:
- Promptly resolve customer issues
- Ship items on time, within your specified handling time
- Manage inventory and keep items well stocked
- Charge reasonable shipping and handling costs
- Specify shipping costs and handling time in the listing
- Follow through on your return/refund policy (if any)
- Respond to buyers' questions promptly
- Be courteous and professional throughout the transaction process
- Make sure the item is delivered to the buyer as described in the listing
If you don't meet seller performance policy expectations, it can lead to:
- A bad experience for you and the buyer
- Negative or neutral feedback from a buyer
- A buyer requesting a return or reporting that an item was not received
- A buyer asking us to step in and help with a transaction issue
5. Substandard performance and Cases closed without seller resolution
When a buyer initially starts a return because the item didn't match the listing description or reports that they didn't receive an item, or any other performance issue, the transaction issue is called a "support request." If the buyer and seller can't resolve the problem, and the buyer or seller asks us to step in and assist with the transaction, the request then becomes a "case."
The number of cases closed without resolution is an important indicator of how well a seller may be meeting buyer expectations and is a measure of overall seller performance. A case closed without seller resolution is any case the seller is unable to resolve with the buyer prior to the buyer asking us to step in and help with a request and we determine the seller is responsible. We may take the following actions but are not limited to:
- Your items may be blocked from search results.
- We may limit or restrict you from selling on your account and/or the use of other features and/or services on the Site.
- Funds from your account may be withheld to facilitate resolution.
- In extreme cases of policy violations or under order of a lawful legal enforcement action, any or all of your funds held on the Site may be forfeited and your account suspended indefinitely.
Generally, we will only apply permanent selling restrictions when your account has been evaluated as having substandard performance for at least 2 or more consecutive transactions. However, we may take action at any time if we have urgent concerns about your account activities; for example, if we've detected fraud or if your selling practices pose a threat to the buyer experience, or the Site. The actions we take will be proportional to the nature of the issue we have identified and what is reasonably required to protect the interests of all Moments Market users and Moments Market as provider of the services and/or features.
If your account isn't meeting our minimum performance standards, you should:
- Resolve all issues on the account before further selling.
- Review your listings to make sure that you’re describing your items accurately. Use pictures and include specifics in your listing so your buyers know exactly what to expect.
- Make sure that you respond promptly to requests from buyers and/or authorized Site representatives (Admin).
6. Fair performance evaluation
To measure your overall performance accurately, we look at your performance as a whole. We also consider a buyer's pattern for opening requests and cases and leaving low detailed seller ratings, and attempt to protect you when necessary.
7. Cancel transactions
We understand in rare cases you may need to cancel a transaction because the item gets accidentally damaged prior to shipping, a sudden change in regional regulations, or some natural disaster inhibits the successful completion of the transaction process. In these cases, you are first required to promptly contact the buyer and let them know that you are canceling the transaction and the reason why. You must attempt to remedy the situation in a timely manner. You must also notify Moments Market via a ‘support request’ regarding the situation.
8. Buying Conditions
As a Buyer, you're expected to:
- Read the full item listing before committing to buy. Many of the problems buyers and sellers encounter are the result of simple misunderstandings about what is for sale and the terms of the sale. For example, some sellers only want to sell to buyers who live in a certain country. Only buy an item if you can meet the requirements described in the listing. If you purchase an item and you don't meet the seller's requirements, we consider that malicious buying.
When buying an item using our services and/or features, you agree:
- You enter into a legally binding agreement to purchase an item when you commit to buy an item.
- You will respond to seller questions promptly.
- You will be courteous and professional throughout the transaction process.
- For motor vehicles and real estate, we do not transfer legal ownership of items from the seller to you. Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller unless the buyer and the seller agree otherwise. Remember this is a P2P (person-to-person) market.
- You will not offer to buy items outside of Moments Market. Our policies don't cover items bought outside of our Site. Sellers must follow the same rule, so if a seller offers to sell you something outside of Moments Market, don't accept the offer.
- If you buy an item from a seller in another country, you will not ask the seller to mark the item as a gift in the customs declaration. It is illegal, and against our policies.
9. Prohibited and Restricted items on our P2P Marketplace
- Adult items and/or content that are illegal and/or deemed to be too explicit.
- Art – reproductions, replicas, images, unless it doesn't violate laws, copyrights, or trademarks. You may include the artist's name in the title of the listing only when listing a work by the artist him/herself or an exact replica of the artist's work. You may not include the artist's name when listing a work done "in the style of" an artist. If any alterations, conservation, or repairs have been performed on the work of art, you must disclose this information in a clear and prominent manner within the item description
- Artifacts, fossils, relics, and cave formations, obtained from government or protected land, historical grave sites, or shipwrecks, looted or stolen goods. Restricted listings for artifacts, fossils, and relics must: Follow all government regulations, be authentic and listed in the appropriate category. Listings for replicas must: state the item is a replica in the title and description. Listings for antiquities must include the provenance or ownership history of the item and, where possible, a photo or scanned image of an official document including both the item's country of origin, and the legal details of the sale. The item must also be approved for import or export.
- Alcohol beverages (restricted except where permitted by law to sell without a government license to do so. Consult your local laws prior to posting said items).
- Narcotics, steroids, and other controlled substances.
- Used clothing - used underwear and socks are not allowed. Used clothing must be properly cleaned and include a statement that the item has been properly cleaned.
- Used cosmetics present potential health and safety concerns. Cosmetics, colognes, perfumes, and lotions must come in the original container. This includes products such as skin moisturizers, sunscreens, perfumes, lipsticks, fingernail polishes, eye and facial makeup preparations, shampoos, permanent waves, hair colors, toothpastes, and deodorants.
- Active credit, debit and store cards are not allowed in order to protect sensitive cardholder information and comply with government regulations.
- Electronically delivered items that are not allowed, include: Software keys the seller is not authorized to sell, or illegal items.
- Firearms of any type. Any part or accessory in violation of local law.
- Hazardous materials such as poisons, explosive precursors, ozone depleting substances, radioactive materials and items that contain or release such substances are generally prohibited as well as other materials banned by a selected shipping provider (sellers should check with them before listing an item).
- Humans and/or human body parts or items containing human body parts are not allowed.
- Stocks and other security interests.
- Product safety items recalled by a manufacturer or government agency. Current information can be found on the US Consumer Product Safety Commission website, the EU Safety Gate: Rapid Alert System website and the OECD Global Recalls portal
10. Rules regarding ratings feedback
- Do not abuse the feedback system
This means you can't threaten to leave a seller negative feedback if that seller won't comply with your request for something that wasn't promised in the original listing. This is called feedback extortion and is against our policy. Also, you can't leave feedback if you're only doing it to help increase a seller's feedback score. This is considered feedback manipulation, of sorts, and is not allowed either.
11. Reporting policy violations
If you want to report a policy violation:
- First, read the policy page that deals with the violation and make sure the other member is really breaking the rules.
- If you still want to report a member, contact Customer Support.
Reports of policy violations must be specific, and you must submit them with the intent of addressing a known or suspected violation of our policy. False reporting of policy violations can have serious consequences.
When we receive your report, we look at all the circumstances, including the member's history, before we decide whether to take action. If we aren't sure about something or can't prove it with certainty, we may not take any action. In addition, we won't discuss the results of an investigation. Learn more about our User Privacy Notice.
12. Disclaimer of Warranties; Limitation of Liability
We try to keep our Site and Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Site, services and/or features. Information updates and other notification functionality on our site, about our services or features may not occur in real time. Such functionality is subject to delays beyond Moments Markets control. You agree that you are making use of our P2P Marketplace at your own risk, and that this service and/or features are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, in no event will Moments Market (including our subsidiaries, and affiliates, and our and their officers, directors, agents, employees, staff or volunteers) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of crypto currencies, money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Moments Market was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our subsidiaries, and affiliates, and our and their officers, directors, agents, employees, staff or volunteers) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of cryptocurrencies, money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from but not limited to:
- the content you provide (directly or indirectly) using our Site, services and/or features.
- your use of or your inability to use our Site, services and/or features.
- pricing, shipping, format, or other guidance provided by Moments Market.
- delays or disruptions on our Site, and/or with our services or features.
- viruses or other malicious software obtained by accessing or linking to our Services.
- glitches, bugs, errors, or inaccuracies of any kind on our Site, and/or with our services or features.
- damage to your hardware device from the use of our Site, and/or with our services or features.
- the content, actions, or inactions of third parties, including items listed using our Site, services and/or features, or the destruction of allegedly fake items.
- a suspension or other action taken with respect to your account or breach of the Moments Market Terms, guidelines or policies set forth.
- the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to (a) any amounts due (not to exceed $500, including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
13. Moments Market P2P Marketplace Updates
You agree to use due diligence to regularly check for updates to our Terms, Guidelines, policies, services and features.
[Last Revised on August 8, 2021]