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Terms & Conditions
1. Acceptance of Terms
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our "Affiliates" include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site
BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR OFFERINGS.
Offerings Swappiness provides a number of Offerings for users through its Site, including, but not limited to, providing an online forum that allows users to conduct barter transactions with other users of the Site. Through the Site, users may post goods and/or services that they are willing to barter, search for any listings posted by other users, communicate with other users via the Site’s messaging board, earn points that may be redeemed for coupons with one of the Site’s advertisers and provide feedback about a particular transaction or coupon.
No Guarantee Although Swappiness works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on the Site.
Temporary Interruptions You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available through this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store, any user communications or material uploaded by you.
3. User Eligibility, Site Conduct, Posting Policies & Third Party Websites
User Eligibility.Only individuals who can form legally binding contracts are eligible to use the Site and its Offerings. Those between the ages of 13 and 18 may use the Site only if under the supervision of a parent or guardian. Under no circumstances can children under the age of 13 use the Site.
User-Created Submissions Guidelines Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any posts, information, videos, pictures, advertisements, feedback or other material that you upload or submit to the Site (“Submissions”). By transmitting Submissions to the Site, you agree that you will not transmit or upload any Submissions that:
- are false, misleading or inaccurate;
- victimize, harass, degrade, discriminate against, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringe on any patent, trademark, trade secret, copyright, right of publicity, right to privacy or other proprietary right of another;
- promote or encourage any type of criminal or illegal activity, including but not limited to, child pornography or the use of illicit drugs;
- pornography, sexually explicit material or sexually oriented services;
- drugs or narcotics, whether prescription or otherwise, or drug paraphernalia;
- alcohol or tobacco related items
- firearms, weapons, ammunition or any parts and accessories of such items
- stolen or counterfeit items
- stocks, bonds or securities of any kind
- violate any federal, state or local law, statute or ordinance. You are solely responsible for determining the legality of the goods or services that you post on the Site and making sure they are in compliance with all rules and trading restrictions;
- you are not the legal owner of or that you do not have the legal right to barter;
- contain any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allow you to obtain unauthorized access to any data or other information of any third party;
- breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of this Site, or attempt to gain access to other network or server;
- impersonate any person or entity, including any of our employees or representatives;
- you know or reasonably should know cannot be distributed legally, or are for any illegal or unauthorized purpose.
Please note that the list above is not exhaustive. Swappiness reserves the right, without notice and in its sole discretion, to block your use of or prevent your future access to the Site and any of its Offerings upon its determination that you have engaged in or are engaging in a forbidden activity, whether or not such activity is listed above. Please see Section 10 in these Terms for more on our right to terminate you use of the Site and its Offerings.
No Endorsement Swappiness neither endorses nor assumes any liability for any Submissions, products, services, or promotions displayed or submitted by you or other users through or on any part of the Site. We and our agents reserve the right to remove or refuse to display any and all Submissions, in our sole discretion and without prior notice to you. We are not responsible for any failure or delay in removing or refusing to post any Submissions.
Third-Party Sites and Information This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of material hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
Points and Coupons You will be able to earn points by using the Site. These points may be redeemed for coupons that our advertisers post on the Site. Points may be earned in many different ways, including but not limited to, registering for the Site, posting goods and/or services for barter or for completing barter transactions. Swappiness in its sole discretion will determine what user activities may qualify to earn points and how many points are attached to a particular activity. Swappiness may also set a daily limit on the maximum amount of points that can be earned per activity. Swappiness reserves the right to modify the rules in regards to the earning and usage of points without any prior notice to you. Please e-mail us at info@Swappiness.com for our current rules regarding the earning and usage of said points.
Points earned on the Site have no cash value. How and where the coupons can be used will depend on the particular advertiser’s terms. Please make sure to read all of the advertiser’s terms carefully before making a purchase. The purchase of any coupon and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser of the Site. We assume no liability, obligation or responsibility for any part of any such transaction.
4. Swappiness’s Intellectual Property
Content For purposes of these Terms, "content" is defined as any information, communications, published works, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by Swappiness, our Affiliates or our licensors.
Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with Swappiness’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to Swappiness or its licensors for violation of intellectual property rights.
Trademarks Trademarks or service marks of Swappiness include, but are not limited to, Swappiness™ and the Swappiness logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or service marks of Swappiness or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Swappiness, our Affiliates or our licensors.
Site Use Swappiness grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission of Swappiness, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. Swappiness reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
5. Your Intellectual Property
Copyright Notice We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Swappiness content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).
If you believe that you or someone else’s copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
- Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
- Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);
- The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
- A statement that the Rights Holder has a good faith belief that the use of the material identified above in Part (ii) is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
- The Rights Holder’s signature or electronic signature.
Notice may be sent to us by e-mailing us at info@Swappiness.com.
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Site without liability to you or any other party.
Taxes You are solely responsible for complying with all tax laws and requirements that may arise from any barter transaction that you conduct on the Site, including but not limited to the duties of reporting, collecting, withholding and paying all taxes. You understand and agree that Swappiness bears no responsibility for reporting, collecting, withholding or paying the taxes on any of your barter transactions. You agree to defend, indemnify and hold us harmless from all liabilities, claims, and expenses that may arise from your inadequate reporting, collection, withholding or payment of any and all taxes relating to your barter transactions conducted on the Site.
7. Privacy & Security
Login Required In order to access some of the Offerings on this Site, or to post Submissions, you may be asked to log into the Site. You may login through one of several social networking websites or login by setting up a username and password in the Site. If setting up a username and password, our account registration page may request certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
Passwords & Security If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
ALL CONTENT AND OFFERINGS ON THIS SITE, WHETHER PROVIDED BY US, OUR AFFILIATES OR OUR OTHER USERS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE CONTENT PUBLISHED ON OR OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, EFFECTIVE OR COMPLETE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS BARTERED OR REDEEMED BY YOU ON THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
You may barter goods or services with other users of the Site, and any transaction relating thereto, including the exchange or delivery of such goods and services, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the other users of the Site. WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. SINCE WE ARE NOT A PARTY TO THE BARTER TRANSACTION BETWEEN YOU AND OTHER USERS OF THE SITE, WE MAKE NO REPRESENTATIONS THAT THE OTHER USERS WILL POST ACCURATE AND TRUTHFUL INFORMATION ON THE SITE, WILL HAVE THE LEGAL AUTHORITY TO ENTER INTO BARTER TRANSACTIONS, OR WILL COMPLETE THE BARTER TRANSACTIONS. WE MAKE NO WARRANTY THAT YOU WILL OBTAIN ANY BENEFIT FROM USING THE SITE OR WILL TAKE ADVANTAGE OF ANY OF OUR OFFERINGS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE AT ANY TIME WITHOUT ANY NOTICE TO YOU. THE CONTENT OR INFORMATION AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
THE USE OF THE OFFERINGS OR OTHER ACQUISITION OF ANY PRODUCTS, SERVICES OR OFFERINGS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES YOU INCUR AS A RESULT.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, INCLUDING BUT NOT LIMITED TO OUR ADVERTISERS, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
9. Limitation of Liability & Indemnification
Swappiness IS NOT A PARTY TO THE BARTER TRANSACTIONS BETWEEN YOU AND OTHER USERS ON THE SITE AND DOES NOT ADVERTISE OR ENDORSE ANY GOODS OR SERVICES POSTED ON THE SITE. WE THEREFORE CANNOT ENSURE THE SUCCESSFUL COMPLETION OF ANY BARTER TRANSACTION. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS; YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE; YOUR USE OF ANY PRODUCTS OR SERVICES BARTERED THROUGH THE SITE; YOUR USE OF ANY PRODUCTS OR SERVICES ADVERTISED ON THE SITE; OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION ON THE SITE POSTED BY US, OUR ADVERTISERS OR OTHER USERS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE SALE OF PRODUCTS OR SERVICES.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site or from any of the content contained therein and from any dispute you may have with an advertiser or another user of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Termination of Use
Grounds for Termination You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
No Right to Offerings Upon Termination Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings and/or the Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-11 of these Terms shall survive any termination.
11. Miscellaneous Provisions
Nature of Relationship Nothing in these Terms shall be construed as creating a joint venture, partnership, franchisor/franchisee, agency, employer/employee, or similar relationship between Swappiness and you.
International Use Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction.
Governing Law This Site (excluding any Third Party websites) is controlled by us from our offices in Santa Clara County, California, and the statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof.
Arbitration All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the state of California. The arbitration shall be conducted on a confidential basis pursuant to the rules of JAMS (Judicial Arbitration and Mediation Services). Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in a court of competent jurisdiction. The prevailing party shall be entitled to receive from the other party its attorneys’ fees and costs incurred in connection with any arbitration proceeding and the enforcement of any award.
Notices All notices to Swappiness shall be in writing and shall be sent to info@Swappiness.com. You agree to allow us to submit notices to you using the email address provided by you in the Registration Info. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
No Resale Right You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 4 of these Terms.
Force Majeure In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Savings Clause If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Entire Agreement These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.