OpenBazaar Slack username: arnebolen
Terms & Conditions of Moderation
Please look through these terms and conditions. By selecting this moderator, you accept this agreement, which will define whether you win a dispute.
A party does not respond after the moderator reaches out:
After 3 days (72 hours) the other party wins.
Package tracking fails to update or shows the item is lost:
After 10 days (240 hours) funds are split 50/50.
Package fails to arrive after estimated time. Tracking is not available:
After 10 days (240 hours) the buyer wins.
Either party can make a minor, major, or critical fault. In a dispute, the party primarily responsible for a critical fault loses. Major and minor faults are considered on a case-by-case basis. If neither party is at fault, the decision is a tie and funds are split equally. (This rarely occurs except in cases where the shipping company is entirely responsible for losing the item.)
A party making a claim about fault must demonstrate it (see section Proof below.)
This list is not exhaustive, and the moderator reserves the right to add items at any time.
* Does not respond to the moderator for 3 days (72 hours)
* Blatantly lies (attempts to deceive with full knowledge)
* Does not ship the product or provide the service, and does not substantiate a reason
* Provides an invalid or incorrect bitcoin payment address
* Provides an invalid or incorrect physical address or bitcoin refund address
* Breaks the vendor's Terms & Conditions
* Provides a product or service of unacceptable quality (see section Quality below), and does not allow returns
* Inadequately packages the item, causing it to arrive damaged
* Does not offer tracked shipping, does not advertise this, and the package is not delivered
* Damages the product or abuses the service
* Returns a different item than the one sent
* Does not choose tracked shipping even though the vendor offers it
* Does not use a top-ten shipping company, does not advertise this, and the package is not delivered
* Opens a dispute with an unsubstantiated claim against the vendor
* Opens a dispute for no reason
* Does not pick up the package even though tracking shows it was delivered
Claims about quality of the product will be judged according to the following standards, in order:
1. Statements in the vendor's terms and listing which guarantee, imply, or disclaim quality.
2. Statements in the moderator's example vendor terms (if available).
3. Common sense of an average consumer.
For food and drugs, the moderator will not personally assess the safety or quality of consuming the product, relying only on standards specified by the vendor.
A dispute will be refused if its contents are on the blacklist (see section Blacklist below), or if it presents a conflict of interest for the moderator. In rare cases, the moderator may refuse the dispute for another reason and then add that reason to these Terms & Conditions.
If refused, the buyer and vendor will be left to sort out the transaction themselves, until OpenBazaar provides a mechanism to transfer moderators.
The following items, services, and entities will cause this moderator to refuse to arbitrate the dispute. Vendors are responsible for checking their listings against it while the moderator is offered on their stores.
* Sexually explicit depictions of minors
* Large-scale chemical weapons
* Biological weapons
* Nuclear weapons
* Coercion or abuse of minors
* Violence for hire, including the following:
* Islamic State of Iraq and the Levant
* Democratic People's Republic of Korea (DPRK)
Conflicts of Interest
A conflict of interest arises if a party has one of the following relationships to the moderator:
- Business partner
- Employer or employee
- Close friend or relative
- Government entity with jurisdiction over the moderator
- Same entity as moderator
A party must reveal any evidence for a conflict of interest as soon as possible during a dispute.
If a party makes a claim, it is their responsibility to support it with evidence proportional to the claim.
A photo is strong evidence if it displays a legible shipping label or other uniquely identifiable characteristic, and it does not show signs of image manipulation.
A screenshot is reasonable evidence if it is not manipulated.
Giving details related to an event is plausible evidence if the details can be independently confirmed.
The moderator respects your privacy. Your messages to the moderator, personal information, and details of the dispute will not be shared outside of the following groups:
- This moderator's team members / employees
- Possibly Law Enforcement (see section Legal Compliance below for details)
Your permission may be requested on a case-by-case basis to share data with third parties (ex: OpenBazaar developers for debugging). However, you have the right to decline.
You are responsible to follow laws that apply to you. The moderator is not obligated to assess the lawfulness of a transaction, and in most cases will not do so.
The moderator will comply as required with applicable laws and law enforcement in the United States of America. This includes divulging dispute history, messages, and personal information only when they are demanded with the proper legal authority (ex: valid warrant).
The moderator's decision is only cryptographically binding, not legally binding.