SwapU Terms of Use
Welcome
to SwapU.com. By using SwapU.com,
(the "Service" or “Website”) you agree to be bound by these Terms of
Use (this "Agreement"), whether or not you register as a member
("Member"). By registering
with SwapU.com you become a member of
the service ("Member") and agree to be bound by these Terms and
conditions. If you wish to become a
Member, communicate with other Members, and make use of the service, read these
Terms of Use and follow the instructions in the Registration process.
This
Agreement sets out the legally binding terms for your membership and may be
modified by Finger to the Moon, LLC (the “Company”) from time to time. Any
modifications shall be effective upon posting by the Company on the Website.
You may also receive a copy of this Agreement by emailing us at: admin@swapu.com; Subject: Terms of Use
Agreement. In addition, when using particular Company services, you and the
Company shall be subject to any posted guidelines or rules applicable to such
services, which may be posted from time to time. All such guidelines or rules
(including but not limited to our Privacy Policy) are hereby incorporated by
reference into this Agreement. The Company may also offer other services that
are governed by different Terms of Use.
1.
The Service.
SwapU.com is an internet information
service that facilitates contact between members who may or may not be seeking
to buy, sell, trade, swap, or barter goods or information. It is not a brokering service. The Company is
under no obligation to broker any information or goods posted on the site.
2. Eligibility
THE
WEBSITE IS INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS WHO ARE ENROLLED IN A COLLEGE OR
UNIVERSITY. By using the site, YOU ARE CERTIFYING THAT YOU ARE enrolled in a college or university. By
using the Website, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by all of the
terms and conditions of this Agreement. If you are merely surfing or browsing
through the Website and have not yet registered to become a member, your use of
the Website is still subject to the Terms of Use; if you do not agree to the
Terms of Use, do not use the Website. Use of the service is strictly prohibited
to any person under the age of 16, regardless of whether you have parental
consent.
3.
Membership
To
become a Member you must register with us. When and if you register to become a
Member, you agree to provide accurate, current and complete information about
yourself as prompted by our registration form ("Profile") and to
maintain and update your information to keep it accurate, current and complete.
You agree that we may rely on your Profile as accurate, current and complete.
You acknowledge that if your Profile is untrue, inaccurate, in any respect, we
reserve the right to terminate this Agreement and your use of the Service. You may become a member
of the Service free of charge. This Agreement will
remain in full force and effect while you use the Website and/or are a Member
of The Service.
4. Member ID and password
As part of the Member
registration process, you will be required to select a member ID (username) and
password. We may refuse to accept any username for any reason, including that
the proposed member ID impersonates someone else, is or may be illegal, is or
may be protected by trade mark or other intellectual property law, is vulgar or
otherwise offensive, or may cause confusion, as we determine in our absolute
discretion. You are solely responsible for the confidentiality and use of your
member ID and password (including all activities conducted under your Member ID
and password) and agree not to transfer or resell your use of or access to the
Website to any third party. If you have reason to believe that your account is
no longer secure, you must immediately notify us and you must promptly change
your password by updating your account information.
5. Acceptance of Terms
SwapU provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("Agreement"). By using the Service in any way, you are agreeing to comply with the Agreement.
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and The Company regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. In the event of any conflict between the Privacy Policy and this Agreement, this Agreement shall control. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement.
You agree that no joint venture,
partnership, employment, or agency relationship exists between you and the
Company as a result of this Agreement or your use of the Service or the Website.
You must not assign any of your rights under this Agreement or in
respect of the Service or Website to any third party. The Company has the right
to assign any or all of its rights and obligations under this Agreement or to
the Service to any third party. At the election of the Company, in the event
that Interactive Connection's obligations under this Agreement are assumed by a
third party, the Company shall be relieved of any and all liability under this
Agreement.
In addition, when using particular SwapU services, you agree to abide by
any applicable posted guidelines for all SwapU
services, which may change from time to time.
Should you object to any term or condition of the AGREEMENT, any
guidelines, or any subsequent modifications thereto or become dissatisfied with
SwapU in any way, your only recourse
is to immediately discontinue use of SwapU.
6. Modifications of this Agreement
We reserve the right, at our sole
discretion, to change, modify or otherwise alter these terms and conditions at
any time. Such modifications shall
become effective immediately upon the posting thereof. You must review this Agreement
on a regular basis to keep yourself apprised of any changes. You can find the
most recent version of the AGREEMENT at:
http://www.swapu.com/terms
7. Content
You understand that all postings, messages,
text, files, images, photos, video, sounds, or other materials
("Content") posted on, transmitted through, or linked from the
Service, are the sole responsibility of the person from whom such Content
originated. More specifically, you are entirely responsible for each individual
item ("Item") of Content that you post, email or otherwise make
available via the Service. You understand that SwapU does not control, and is not responsible for Content made
available through the Service, and that by using the Service, you may be
exposed to Content that is offensive, indecent, inaccurate, misleading, or
otherwise objectionable. Furthermore, the SwapU
site and Content available through the Service may contain links to other
websites, which are completely independent of SwapU. SwapU makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such
site. Your linking to any other webites is at your own risk. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, that you
may not rely on said Content, and that under no circumstances will SwapU be liable in any way for any
Content or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed or otherwise made available via the Service. You
acknowledge that SwapU does not
pre-screen or approve Content, but that SwapU
shall have the right (but not the obligation) in its sole discretion to refuse,
delete or move any Content that is available via the Service, for violating the
letter or spirit of the AGREEMENT or for any other reason.
You understand and agree that The Company may review and delete any content, messages, photos, video, sounds, URLs, profiles or other materials, (collectively, "Content") that in the sole judgment of The Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members. You are solely responsible for the Content that you upload, copy, use, link to, post, publish, display or otherwise enable access (hereinafter, "Post") on the Service, or transmit to other Members. By Posting Content to any area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
You agree that any material or information provided by you, save and except for any Personal Information (which may include your full name, email address, postal address, telephone number etc.) the use of which is governed by our Privacy Policy, will be treated as non-confidential and non-proprietary and we may use such material or information without restriction. Specifically, you consent to the Company using such material or information (including any photographs, video or audio recordings) to pre-populate a database for any website owned and operated by the Company which is similar to the Website. You acknowledge that any such material or information provided by you will be available for other members or users of the Website to read. In addition, you represent and warrant that you have the right to Post the Content and you will not Post any illegal or prohibited content. The following is a partial list of the kinds of content that is illegal or prohibited on the Website. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.
It includes Content that:
1.
is patently offensive to the online community, such as
Content that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
2.
harasses or advocates harassment of another person;
3.
involves the transmission of "junk mail",
"chain letters," or unsolicited mass mailing or "spamming";
4.
promotes information that you know is false, misleading
or promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
5.
promotes an illegal or unauthorized copy of another
persons copyrighted work, such as providing pirated - computer programs or
links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or video or links to pirated
music or video files; copyrighted images such as celebrities or artists, or
anyone else in the public sphere.
6.
contains restricted or password only access pages, or
hidden pages or images (those not linked to or from another accessible page),
contains email address(es) embedded on it ;
7. displays pornographic or sexually explicit material of any kind;
8. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
9.
provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone’s
privacy, or providing or creating computer viruses;
10. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
8. Conduct
You agree not to post, email, or
otherwise make available Content:
a) that is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous, invasive of another's
privacy, or is harmful to minors in any way;
b) that is pornographic or depicts
a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same
or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area
of any person;
c) that harasses, degrades,
intimidates or is hateful toward an individual or group of individuals on the basis
of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing
Act by stating, in any notice or ad for the sale or rental of any dwelling, a
discriminatory preference based on race, color, national origin, religion, sex,
familial status or handicap (or violates any state or local law prohibiting
discrimination on the basis of these or other characteristics);
e) that violates federal, state, or
local equal employment opportunity laws, including but not limited to, stating
in any advertisement for employment a preference or requirement based on race,
color, religion, sex, national origin, age, or disability.
f) with respect to employers that
employ four or more employees, that violates the anti-discrimination provision
of the Immigration and Nationality Act, including requiring U.S. citizenship or
lawful permanent residency (green card status) as a condition for employment, unless
otherwise required in order to comply with law, regulation, executive order, or
federal, state, or local government contract.
g) that impersonates any person or
entity, including, but not limited to, a SwapU
employee, or falsely states or otherwise misrepresents your affiliation with a
person or entity (this provision does not apply to Content that constitutes
lawful non-deceptive parody of public figures.);
h) that includes personal or
identifying information about another person without that person's explicit
consent;
i) that
is false, deceptive, misleading, deceitful, misinformative,
or constitutes "bait and switch";
j) that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party, or
Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships;
k) that constitutes or
contains "affiliate
marketing," "link referral code," "junk mail,"
"spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement;
l) that constitutes or contains any
form of advertising or solicitation if: posted in areas of the SwapU sites which are not designated for
such purposes; or emailed to SwapU
users who have not indicated in writing that it is ok to contact them about
other services, products or commercial interests.
m) that includes links to
commercial services or web sites, except as allowed in "services";
n) that advertises any illegal
service or the sale of any items the sale of which is prohibited or restricted
by any applicable law, including without limitation items the sale of which is
prohibited or regulated by local, state, or federal laws of the
http://swapu.com/security
o) that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment;
p) that disrupts the normal flow of
dialogue with an excessive amount of Content (flooding attack) to the Service,
or that otherwise negatively affects other users' ability to use the Service;
or
q) that employs misleading email
addresses, or forged headers or otherwise manipulated identifiers in order to
disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not
to be contacted;
s) "stalk" or otherwise
harass anyone;
t) collect personal data about
other users for commercial or unlawful purposes;
u) use automated means, including
spiders, robots, crawlers, data mining tools, or the like to download data from
the Service - unless expressly permitted by SwapU;
v) post non-local or otherwise
irrelevant Content, repeatedly post the same or similar Content or otherwise
impose an unreasonable or disproportionately large load on our infrastructure;
w) attempt to gain unauthorized
access to SwapU's
computer systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the functionality
of, the Service or the SwapU website;
or
x) use any form of automated device
or computer program that enables the submission of postings on SwapU without each posting being
manually entered by the author thereof (an "automated posting
device"), including without limitation, the use of any such automated
posting device to submit postings in bulk, or for automatic submission of
postings at regular intervals.
9. Third party
content, sites, and services
The SwapU site and Content available through the Service may contain
features and functionalities that may link you or provide you with access to
third party content which is completely independent of SwapU, including web sites, directories, servers, networks,
systems, information and databases, applications, software, programs, products
or services, and the Internet as a whole.
Your interactions with
organizations and/or individuals found on or through the Service, including
payment and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties.
You agree that SwapU shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that SwapU is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release SwapU, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
Although SwapU may provide links to external websites (for reasons of
information or convenience to members) you agree that The Company is not liable
or responsible in any way for such external websites, resources, content,
advertising or other materials communicated on such websites. If you decide to
access linked external websites, you do so at your own risk. Those links are provided for convenience only
and may not remain current or be maintained. We are not responsible for the
content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement,
approval or recommendation by the Company or the owners or operators of the linked
websites, or of any information, graphics, materials, products or services
referred to or contained on linked websites, unless and to the extent
stipulated to the contrary. We recommend that you review the terms of use and
privacy policy of a linked website prior to use of it.
Responsibility for the content of advertisements (if any) appearing on
the Website (including hyperlinks to the advertisers own websites) rests solely
with the advertisers. The placement of such advertisements does not constitute
a recommendation or endorsement of the advertiser's product or service by the
Company. Each advertiser is solely responsible for any representation made in
connection with its advertisement.
You must take your own precautions
to ensure that the process which you employ for accessing the Website does not
expose you to the risk of viruses, malicious computer code or other forms of
interference which may damage your own computer system. For the avoidance of
doubt, we do not accept responsibility for any interference or damage to your
own computer system which arises in connection with your use of the Service,
the Website or any linked website.
10. Copyright Policy.
You may not Post, distribute, or
reproduce in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of such
proprietary rights. Without limiting the foregoing, if you believe that your
work has been copied and Posted on the Service in a way that constitutes
copyright infringement, please provide our Administrator with the following
information: an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of where the
material that you claim is infringing is located on the Website; your address,
telephone number, and email address; a written statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf.
The Company’s Administrator can be reached by writing the following:
SwapU
or at
admin@swapu.com
11. Notification of claims of infringement
If you believe that your work has
been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please notify SwapU's agent for
notice of claims of copyright or other intellectual property infringement
("Administrator"), at
admin@swapu.com
or:
Administrator
SwapU
85299
Please provide our Agent with the
following Notice:
a) Identify the material on the SwapU site that you claim is infringing,
with enough detail so that we may locate it on the website;
b) A statement by you that you have
a good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
c) A statement by you declaring
under penalty of perjury that (1) the above information in your Notice is
accurate, and (2) that you are the owner of the copyright interest involved or
that you are authorized to act on behalf of that owner;
d) Your address, telephone number,
and email address; and
e) Your physical or electronic
signature.
SwapU
will remove the infringing posting(s), subject to the procedures outlined in
the Digital Millenium Copyright Act (DMCA).
12. Privacy and information disclosure
SwapU
has established a Privacy Policy to explain to users how their information is
collected and used, which is located at the following web address:
http://www.swapu.com/privacypolicy
Your use of the SwapU website or the Service signifies
acknowledgement of and Agreement to our Privacy Policy. You further acknowledge
and agree that SwapU may, in its sole
discretion, preserve or disclose your Content, as well as your information,
such as email addresses, IP addresses, timestamps, and other user information,
if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: comply with legal process; enforce
the AGREEMENT; respond to claims that any Content violates the rights of
third-parties; respond to claims that contact information (e.g. phone number,
street address) of a third-party has been posted or transmitted without their
consent or as a form of harassment; protect the rights, property, or personal
safety of SwapU, its users or the
general public.
13. Member disputes
You are solely responsible for your
interactions with other Members of the Service. The Company reserves the right,
but has no obligation, to monitor disputes between you and other Members. If
there is any dispute about or involving the Website and/or the Service, by
using the Website, you agree that the dispute will be governed by the laws of
the State of
14.
Privacy
Use of the Website and/or the Service is
governed by our Privacy Policy and User Agreement.
15. Service
Interruption
The
Company assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of, user
or Member communications. The Company is
not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any website or combination
thereof, including injury or damage to users and/or Members or to any other
person's computer related to or resulting from participating or downloading
materials in connection with the Web and/or in connection with the Service.
Under no circumstances will The Company be responsible for any loss or damage,
including personal injury or death, resulting from anyone's use of the Website
or the Service, any Content Posted on the Website or transmitted to Members, or
any interactions between users of the Website, whether online or offline. We do
not warrant that the Service or the Website will be uninterrupted or
error-free. There may be delays, omissions, and interruptions in the
availability of the Service or the Website. The Website and the Service are
provided "AS-IS" and The
Company expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. The Company cannot guarantee and does not promise any
specific results from use of the Website and/or the Service.
16. Posting
agents
A "Posting Agent" is a
third-party agent, service, or intermediary
that offers to post Content to the
Service on behalf of others. To moderate demands on SwapU's resources, you may not
use a Posting Agent to post Content to the Service without express permission
or license from SwapU. Correspondingly, Posting Agents are not
permitted to post Content on behalf of others, to cause Content to be so
posted, or otherwise access the Service to facilitate posting Content on behalf
of others, except with express permission or license from SwapU.
17. No spam
policy
You understand and agree that
sending unsolicited email advertisements to SwapU
email addresses or through SwapU
computer systems is expressly prohibited by these Terms. Any unauthorized use of SwapU computer systems is a violation of these Terms and certain
federal and state laws, including without limitation the Computer Fraud and
Abuse Act (18 U.S.C. § 1030 et seq). Such violations may subject the sender and
his or her agents to civil and criminal penalties.
18. Paid postings
We may charge a fee to post Content
in some areas of the Service. The fee
is an access
fee permitting Content to be posted in a designated area. Each party posting
Content to the Service is responsible for said Content and compliance with the AGREEMENT.
All fees paid will be non-refundable in the
event that
Content is removed from the Service for violating the AGREEMENT.
19. Limitations on service
You acknowledge that SwapU may establish limits concerning
use of the Service, including the maximum number of days that Content will be
retained by the Service, the maximum number and size of postings, email
messages, or other Content that may be transmitted or stored by the Service,
and the frequency with which you may access the Service. You agree that SwapU has no responsibility or liability
for the deletion or failure to store any Content maintained or transmitted by
the Service. You acknowledge that SwapU
reserves the right at any time to modify or discontinue the Service (or any
part thereof) with or without notice, and that SwapU shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
20. Access to the service
SwapU
grants you a limited, revocable, nonexclusive license to access the Service for
your own personal use. This license does
not include: (a) access to the Service by Posting Agents; or (b) any
collection, aggregation, copying, duplication, display or derivative use of the
Service nor any use of data mining, robots, spiders, or similar data gathering
and extraction tools for any purpose unless expressly permitted by SwapU. A limited exception to (b) is
provided to general purpose internet search engines and non-commercial public
archives that use such tools to gather information for the sole purpose of
displaying hyperlinks to the Service, provided they each do so from a stable IP
address or range of IP addresses using an easily identifiable agent and comply
with our robots.txt file. "General purpose internet search engine"
does not include a website or search engine or other service that specializes
in classified listings or in any subset of classifieds listings such as jobs,
housing, for sale, services, or personals, or which is in the business of
providing classified ad listing services.
SwapU
permits you to display on your website, or create a hyperlink on your website
to, individual postings on the Service so long as such use is for noncommercial
and/or news reporting purposes only (e.g., for use in personal web blogs or
personal online media). If the total
number of such postings displayed or linked to on your website exceeds one
hundred (100) postings, your use will be presumed to be in violation of the AGREEMENT,
absent express permission granted by SwapU
to do so. You may also create a
hyperlink to the home page of SwapU
sites so long as the link does not portray SwapU,
its employees, or its affiliates in a false, misleading, derogatory, or
otherwise offensive matter.
SwapU
offers various parts of the Service in RSS format so that users can embed
individual feeds into a personal website or blog, or view postings through
third party software news aggregators. SwapU permits you to display, excerpt
from, and link to the RSS feeds on your personal website or personal web blog,
provided that (a) your use of the RSS feed is for personal, non-commercial
purposes only, (b) each title is correctly linked back to the original post on
the Service and redirects the user to the post when the user clicks on it, (c)
you provide, adjacent to the RSS feed, proper attribution to 'SwapU' as the source, (d) your use or
display does not suggest that SwapU
promotes or endorses any third party causes, ideas, web sites, products or
services, (e) you do not redistribute the RSS feed, and (f) your use does not
overburden SwapU's
systems. SwapU reserves all rights in the content of the RSS feeds and may
terminate any RSS feed at any time.
Use of the Service beyond the scope
of authorized access granted to you by SwapU
immediately terminates said permission or license. In order to collect, aggregate, copy,
duplicate, display or make derivative use of the the
Service or any Content made available via the Service for other purposes
(including commercial purposes) not stated herein, you must first obtain a
license from SwapU.
21. Termination of service
You agree that SwapU, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if SwapU believes that you have acted
inconsistently with the letter or spirit of the AGREEMENT. Further, you agree
that SwapU shall not be liable to you
or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the
Service after said termination. Sections
2, 4, 6 and 10-16 shall survive termination of the AGREEMENT.
22. Proprietary rights
The Service is protected to the
maximum extent permitted by copyright laws and international treaties. Content
displayed on or through the Service is protected by copyright as a collective
work and/or compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative works from
or redistribution of the site or the collective work, and/or copying or
reproducing the sites or any portion thereof to any other server or location
for further reproduction or redistribution is prohibited without the express
written consent of SwapU. You further
agree not to reproduce, duplicate or copy Content from the Service without the
express written consent of SwapU, and
agree to abide by any and all copyright notices displayed on the Service. You
may not decompile or disassemble, reverse engineer or otherwise attempt to
discover any source code contained in the Service. Without limiting the
foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any aspect of the Service.
You agree that any material or
information provided by you, save and except for any Personal Information
(which may include your full name, email address, postal address, telephone
number etc.) the use of which is governed by our Privacy Policy, will be
treated as non-confidential and non-proprietary and we may use such material or
information without restriction.
Although SwapU does not claim ownership of content that its users post, by
posting Content to any public area of the Service, you automatically grant, and
you represent and warrant that you have the right to grant, to SwapU an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform, display,
and distribute said Content and to prepare derivative works of, or incorporate
into other works, said Content, and to grant and authorize sublicenses (through
multiple tiers) of the foregoing. Furthermore, by posting Content to any public
area of the Service, you automatically grant SwapU all rights necessary to prohibit any subsequent aggregation,
display, copying, duplication, reproduction, or exploitation of the Content on
the Service by any party for any purpose.
23. Disclaimer
of warranties
You agree that use of the SwapU site and the Service is entirely
at your own risk. The SwapU site and the Service are provided
on an “As Is” or “As Available” basis, without any warranties of any kind. All
express and implied warranties, including without limitation, the warranties of
merchantability, fitness for a particular purpose, and non-infringement of
proprietary rights are expressly disclaimed to the fullest extent permitted by
law. To the fullest extent permitted by
law, SwapU disclaims any warranties
for the security, reliability, timeliness, accuracy and performance of the SwapU site and the Service. To the fullest extent permitted by law, SwapU disclaims any warranties for other
services or goods received through or advertised on the SwapU site or the sites or Service, or accessed through any links
on the SwapU site. To the fullest extent permitted by law, SwapU disclaims any warranties for
viruses or other harmful components in connection with the SwapU site or the Service. Some
jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing
disclaimers may not apply to you insofar as they relate to implied warranties.
The Company is not responsible for
any incorrect or inaccurate Content Posted on the Website or in connection with
the Service, whether caused by users of the Website, Members or by any of the
equipment or programming associated with or utilized in the Service. The
Company is not responsible for the conduct, whether online or offline, of any
user of the Website or Member of the Service. It is your responsibility to determine
whether to interact with other members, and you voluntarily take all risks
associated with such interaction and your membership. You agree to exercise
care and caution when meeting . You
acknowledge that there are risks involved in online dating, including without
limitation, unknowingly dealing with underage persons or persons acting under a
false pretence or for a criminal purpose. You acknowledge that user authentication on
the internet is extremely difficult. The Company cannot and does not warrant
that each member or user of the Service is who he or she claims to be. Further, the Company cannot and does not
warrant that member profiles are reliable, accurate or complete. Accordingly,
you must be careful in dealing with other members or users of the Service or
the Website.
The Company accepts no liability
for any failure to comply with these Terms and Conditions where such failure is
due to circumstances beyond our reasonable control. If
we waive any rights available to us under these Terms and Conditions on one
occasion, this does not mean that those rights will automatically be waived on
any other occasion. If any of these
Terms and Conditions are held to be invalid, unenforceable or illegal for any
reason, the remaining Terms and Conditions shall continue in full force.
24. Limitations of liability
Under no circumstances shall SwapU be liable for direct, indirect,
incidental, special, consequential or exemplary damages (even if SwapU has been advised of the
possibility of such damages), resulting from any aspect of your use of the SwapU site or the
service, whether the damages arise from use or misuse of the SwapUsite or the
service, from inability to use the SwapU
site or the Service, or the interruption, suspension, modification, alteration,
or termination of the SwapU site or
the service. Such limitation shall also
apply with respect to damages incurred by reason of other services or products
received through or advertised in connection with the SwapU site or the service or any links on the SwapU site, as well as by reason of any information or advice
received through or advertised in connection with the SwapU site or the service or any links on the SwapU site. These
limitations shall apply to the fullest extent permitted by law. In some
jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing
limitation may not apply to you.
25. Indemnity
You agree to
indemnify and hold SwapU, its
officers, subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from any claim or
demand, including reasonable attorney fees and court costs, made by any third
party due to or arising out of Content you submit, post or make available
through the Service, your use of the Service, your violation of the AGREEMENT,
your breach of any of the representations and warranties herein, or your
violation of any rights of another.
26. General information
The AGREEMENT constitutes the
entire Agreement between you and SwapU
and governs your use of the Service, superceding any
prior agreements between you and SwapU.
The AGREEMENT and the relationship between you and SwapU shall be governed by the laws of the State of
27. Violation of terms and liquidated damages
Please report any violations of the
AGREEMENT, by flagging the posting(s) for review, or by emailing to:
admin@swapu.com
Our failure to act with respect to
a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches.
You understand and agree that,
because damages are often difficult to quantify, if it becomes necessary for SwapU to pursue legal action to enforce
these Terms, you will be liable to pay SwapU's actual damages, to the extent such actual damages
can be reasonably calculated. Notwithstanding any other provision of these
Terms, SwapU retains the right to
seek the remedy of specific performance of any term contained in these Terms,
or a preliminary or permanent injunction against the breach of any such term or
in aid of the exercise of any power granted in these Terms, or any combination
thereof.
28. Feedback
We welcome your
questions and comments on this document in the SwapU feedback forum:
http://www.swapU.com/contactus
29. DEFINITIONS. In these Terms
and Conditions, the following expressions have the corresponding meanings:
"Claim" means, in
relation to a person, a claim, demand, remedy, suit, injury, damage, loss,
cost, liability, action, proceeding, right of action, claim for compensation or
reimbursement or liability incurred by or to be made or recovered by or against
the person, however arising and whether ascertained or unascertained, or
immediate, future or contingent;
"Commercialize" means
to exploit, market, promote, develop, integrate, research, sell and conduct any
other activity for profit or reward;
"Company" means
Finger to the Moon, LLC a company registered in
"Privacy Policy"
means the Company's privacy policy which is available on the Website;
"Service" means the
facilities made available for members via the Website;
"Website" means this
website which is owned and operated by the Company;
"Terms and Conditions"
means these terms and conditions, user agreement, and privacy policy as amended
by the Company from time to time, which form the agreement between you and the
Company;
"we", "us"
and "our" all refer to the Company