12. Your content and the license you grant
“Your content” means everything you submit to SwapSlabs — listing text and photos, profile details and avatar, messages, ratings and reviews, dispute evidence, and support correspondence. You keep ownership of your content. You are responsible for it and represent that you have the rights to submit it and that it does not infringe anyone's rights or break the law.
You grant SwapSlabs a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt, publish, publicly display, and distribute your content for the purposes of operating, securing, promoting, and improving the marketplace and its services — including displaying your listings and profile, resolving disputes, and using de-identified or aggregated data. This license ends for a given piece of content a reasonable time after you delete it or close your account, except for content already shared with another member or the community (such as a rating you left or messages in a shared thread), content retained in backups until they age out, and content SwapSlabs must keep for legal, tax, or fraud-prevention reasons.
You grant other members a limited license to view your public listings and profile as the marketplace presents them. SwapSlabs may, but is not obligated to, monitor, screen, or remove content, and may do so at its discretion.
19. Binding arbitration, class-action waiver, and 30-day opt-out
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. [PLACEHOLDER — this clause names an industry-standard default (the American Arbitration Association's Consumer Arbitration Rules, the most common provider in US consumer/marketplace terms) so this section isn't an empty template, but counsel must still confirm that choice (or pick a different provider), the seat — which must align with the governing-law state in Section 20, itself still unset pending the entity's actual state of incorporation/operation — the consumer-arbitration cost allocation, the carve-outs, the mass-arbitration process, and enforceability in each launch jurisdiction, before this is relied on.]
Except for the excluded claims below, you and SwapSlabs agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the service will be resolved by final and binding individual arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules [PLACEHOLDER — confirm this is the intended provider/rules; AAA is the common default but is not a substitute for counsel's confirmation], rather than in court, and that the Federal Arbitration Act governs the interpretation and enforcement of this section.
Class-action waiver: you and SwapSlabs agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.
Excluded claims: either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court for actual or threatened infringement or misuse of intellectual property or unauthorized access to the service. Nothing here prevents you from reporting a matter to a government agency.
30-day opt-out: you may opt out of this arbitration section and the class-action waiver by sending written notice to the address in Section 24 within 30 days of first accepting these Terms, stating your name, the email on your account, and that you opt out of arbitration. Opting out does not affect any other part of this Agreement. If any portion of this section is found unenforceable, the remainder stays in effect, except that if the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) proceeds in court.
This document is a plain-English template for a pre-launch product, not legal advice.