| Welcome to SwapThing.com (the "Site"). Access to and use
of the Site is provided subject to the following terms and
conditions ("Terms").
PLEASE READ THESE TERMS CAREFULLY AS YOUR ACCESS AND USE
OF THE SITE CONSTITUTES AGREEMENT TO ALL TERMS, CONDITIONS
AND NOTICES CONTAINED OR REFERENCED HEREIN.
Terms of Use
By using this Site, you are deemed to have agreed to these
Terms. SwapThing, Inc. ("SwapThing") reserves the right to
modify these Terms at any time. You should check these Terms
periodically for changes. By using this Site after we post
any changes to these Terms, you agree to accept those
changes, whether or not you have reviewed them. If at any
time you choose not to accept these Terms, please do not use
this Site.
All content on this Site is subject to change without
notice. SwapThing reserves the right, in its sole
discretion, to terminate your access to all or part of this
Site with or without notice. SwapThing may change, suspend
or discontinue all or any aspect of the Site at any time,
including the availability of any feature, database, or
content (including the Interactive Areas), without prior
notice or liability. No agency, joint venture, partnership,
employee-employer or other relationship is intended or
created by these Terms.
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Scope of Terms
These Terms apply to your use of all of the Site and
services owned or operated by SwapThing, and its affiliated
companies. These Terms do not apply to your use of
unaffiliated sites to which SwapThing.com only links.
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Use of Materials Posted on this Site
SwapThing encourages you and other visitors, users and
registered users (collectively "you" or "Users") to submit,
post, or upload images, photos, text, advice, messages,
recipes, videos, or any other visual, audio or other content
that they create to the Site ("User Submissions") and to use
the Site to trade goods and services with other Users. By
submitting, posting, emailing, transmitting, or otherwise
making available any User Submission, you expressly grant
SwapThing a royalty-free, sublicensable, perpetual,
irrevocable, non-exclusive, worldwide license to use,
reproduce, modify, publish, edit, translate, distribute,
perform, display, and make derivative works of each such
User Submission, in whole or in part, and in any form, media
or technology, whether now known or hereafter developed,
including, but not limited to, under one or more Creative
Commons license, found at www.creativecommons.org.
All User Submissions are deemed non-confidential and
SwapThing shall be under no obligation to maintain the
confidentiality of any information and content, in whatever
form, contained in any User Submission.
With the sole exception of User Submissions, the Site and
all materials therein, including, without limitation,
software, images, text, graphics, illustrations, logos,
trademarks, service marks, copyrights, photographs, audio,
videos, technology, methods, and processes (the "Content"),
and all associated Intellectual Property Rights (as defined
below) related thereto, are the exclusive property of
SwapThing and its licensors. Except as explicitly provided
herein, nothing in these Terms shall be deemed to create a
license in or under any such Intellectual Property Rights,
and you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display,
publicly perform, republish, adapt, edit or create
derivative works from any materials or Content on the Site
without SwapThing's prior written approval; provided
however, that Users may embed their own Channel web pages to
their home pages or blog pages. Use of the Content or
materials on the Site for any purpose not expressly
permitted by these Terms is strictly prohibited. However,
you may provide access to your User Submissions through our
open application programming interface ("API") program,
which allows other web sites access to this Site.
This Agreement, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but
may be assigned by SwapThing without restriction.
For the purposes of these Terms, (?Intellectual Property
Rights?) means all patent rights, copyright rights, mask
work rights, moral rights, rights of publicity, trademark,
trade dress and service mark rights, goodwill, trade secret
rights and other intellectual property rights as may now
exist or hereafter come into existence, and all applications
therefore and registrations, renewals and extensions
thereof, under the laws of any state, country, territory or
other jurisdiction.
The Content of the Site are protected by copyright and
trademark laws, and are the property of SwapThing, or its
licensors. Unless otherwise stated, you may print or
download Content from this Site for your own informational,
educational and/or other non-commercial purposes only, as
long as you include any copyright notice originally included
with the materials in all copies you create.
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Rules of Conduct
You agree not to use or launch any automated system,
including without limitation, "robots," "spiders," "offline
readers," etc., that accesses the Site in a manner that
sends more request messages to the SwapThing servers in a
given period of time than a human can reasonably produce in
the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, SwapThing grants the
operators of public search engines permission to use spiders
to copy materials from Site for the sole purpose of creating
publicly available searchable indices of the materials, but
not caches or archives of such materials. SwapThing reserves
the right to revoke these exceptions either generally or in
specific cases. You agree not to collect or harvest any
personally identifiable information, including account
names, from the Site, nor to use the communication systems
provided by the Site for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes,
any Users of the Site with respect to their User
Submissions.
SwapThing may permanently or temporarily terminate,
suspend, or otherwise refuse to permit your access to the
Site without notice and liability, if, in SwapThing's sole
determination, you violate any provision of the Terms,
including the following prohibited actions; (i) attempt to
interfere with, compromise the system integrity or security
or decipher any transmissions to or from the servers running
the Site; (ii) take any action that imposes, or may impose
at our sole discretion an unreasonable or disproportionately
large load on our infrastructure; (iii) upload invalid data,
viruses, worms, or other software agents through the Site;
(iv) impersonate another person or otherwise misrepresent
User?s affiliation with a person or entity, conduct fraud,
hide or attempt to hide User?s identity; (v) interfere with
the proper working of the Site; or, (vi) bypass the measures
we may use to prevent or restrict access to the Site. Upon
termination for any reason, User continues to be bound by
these Terms.
You may not post on this Site any links to any external
sites. This Site may not be used by you for any commercial
purpose, to distribute any advertising or solicitation of
funds or goods and services or to solicit users to join
competitive online services.
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Links
The Site may provide links and pointers to Internet sites
maintained by others ("Third Party Sites"). SwapThing is not
responsible for the availability of any other site to which
this Site links. Nor does SwapThing endorse or take
responsibility for the content, advertising, products or
other materials made available through any other site. Under
no circumstances shall SwapThing be held responsible or
liable, directly or indirectly, for any loss or damage that
is caused or alleged to have been caused to you in
connection with your use of, or reliance on, any content,
goods or services available on any other site. Any concerns
regarding another web site should be directed to that site's
administrator or webmaster.
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Submissions
You agree not to submit, post, email, transmit, or otherwise
make available User Submissions that: (i) may create a risk
of harm, loss, physical or mental injury, emotional
distress, death, disability, disfigurement, or physical or
mental illness to you, to any other person, or to any
animal; (ii) may create a risk of any other loss or damage
to any person or property; (iii) may constitute or
contribute to a crime or tort; (iv) contains any information
or content that is unlawful, harmful, abusive, racially or
ethnically offensive, defamatory, infringing, invasive of
personal privacy or publicity rights, harassing, humiliating
to other people (publicly or otherwise), libelous,
threatening, or in a reasonable person's view,
objectionable; (v) contains any information or content that
is illegal or offers or seeks products, services, or
transactions that are illegal; or (vi) contains any
information or content that you do not have a right to make
available under any law or under contractual or fiduciary
relationships, including that it does not and will not
violate third-party rights of any kind, including without
limitation any Intellectual Property Rights, or rights of
publicity and privacy. SwapThing reserves the right, but is
not obligated, to reject and/or remove any User Submissions
that SwapThing believes, in its sole discretion, violate
these provisions. You may identify objectionable User
Submissions to SwapThing, and SwapThing may, but is under no
obligation to remove the identified User Submission.
By submitting User Submissions to the Site, you give (or
warrant that the owner of such rights has expressly granted)
SwapThing and/or relevant affiliated companies the
nonexclusive right to use your User Submissions, in their
original or edited form, in television programs, books,
articles, commentaries, or in any other medium now known or
later developed. You also warrant that any "moral rights" in
posted materials have been waived. You are not entitled to
any compensation for such use.
SwapThing is not responsible for User Submissions
appearing anywhere on the Site, including message boards,
chat rooms, or any other service on the Site, except for
material signed by an identified representative SwapThing or
relevant affiliated companies. SwapThing is not responsible
for screening User Submissions for libel, obscenity,
invasion of privacy, copyright or trademark infringement,
accuracy, or for any other reason. We do, however, retain
the right to modify or remove User Submissions that we, in
our sole discretion, consider infringing, offensive,
abusive, defamatory, obscene, stale, a violation of any term
or condition, or otherwise unacceptable.
SwapThing does not accept any unsolicited ideas
concerning this Site. We employ a highly trained and
educated staff who may be working on similar ideas you have
thought up. This policy is to avoid confusion about our
ownership of new concepts. If you do send us a message about
a proposed new idea, your message will be treated as
non-proprietary and non-confidential and will become the
property of SwapThing where it may or may not be used for
any purpose.
You shall be solely responsible for your own User
Submissions and the consequences of posting or publishing
them. In connection with User Submissions, you affirm,
represent and warrant, in addition to the other
representations and warranties in these Terms, the
following:
- By your use of the Site, you affirm that you are either
are at least 18 years of age, or an emancipated minor, or
possess legal parental or guardian consent, and are fully
able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties
set forth in these Terms, and to abide by and comply with
these Terms. In any case, you affirm that you are over the
age of 13, as the Site are not intended for children under
13. If you are under 13 years of age, then please do not
use the Site.
- You have the written consent of each and every
identifiable natural person in the User Submission to use
such person?s name or likeness in the manner contemplated
by the Site and these Terms, and each such person has
released you from any liability that may arise in relation
to such use.
- You are not, and have not been an agent, employee,
representative, or partner of SwapThing and were not and
are not acting on behalf of, or as a representative of,
SwapThing in connection with the User Submission.
- The User Submission and SwapThing's use thereof as
contemplated by these Terms and the Site will not infringe
any rights of any third party, including but not limited to
any Intellectual Property Rights, privacy rights and rights
of publicity.
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Copyright Complaints and Designated
Agent for Notification under the DMCA
We respect the intellectual property rights of others, and
require that the people who use the Site do the same. In
appropriate circumstances, we will terminate the
registration of any user who is responsible for repeated
acts of copyright infringement. For your complaint to be
valid under the DMCA, you must provide the following
information in writing:
- An electronic or physical signature of a person
authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim
has been infringed;
- Identification of the material that is claimed to be
infringing and where it is located on the Site;
- Information reasonably sufficient to permit SwapThing
to contact the you, such as your address, telephone number,
and, e-mail address;
- A statement that you have a good faith belief that use
of the material in the manner complained of is not
authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the
above information is accurate, and that you are the
copyright owner or are authorized to act on behalf of the
owner.
The designated agent to receive notification of claimed
infringement under the Digital Millennium Copyright Act is:
Jessica Hardwick
President & CEO
SwapThing, Inc.
P.O. Box 514
Cupertino, California 95014
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Disclaimers
THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
NEITHER SWAPTHING NOR ANY OF ITS AFFILIATED COMPANIES NOR
ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS
WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER SWAPTHING NOR ANY OF ITS AFFILIATED COMPANIES NOR
ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THE SITE IN TERMS OF
ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS,
SERVICES, DESCRIPTIONS, OR ADVICE OFFERED ON THE SITE. WE
ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION
BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS,
SERVICES, OR ADVICE. WE DO NOT GUARANTEE, WARRANT, OR MAKE
ANY CLAIM AS TO THE TRUTHFULNESS OF ANY USER SUBMISSION.
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Limitation of Liability
IN NO EVENT SHALL SWAPTHING, ITS AFFILIATES, DIRECTORS,
EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE,
THIS SITE. UNDER NO CIRCUMSTANCES WILL SWAPTHING BE
RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM
HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF
THE SITE, YOUR ACCOUNT, OR THE INFORMATION CONTAINED
THEREIN.
SWAPTHING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED
THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE
BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF ANY THIRD PARTY.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
LIABILITY RELATING TO OR ARISING OUT OF THE SITE OR THESE
TERMS, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR
EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO
DISCONTINUE YOUR USE OF THE SITE AND TERMINATE THESE TERMS.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SWAPTHING HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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No Personal Advice
We do not provide, endorse, guarantee, warrantee, or make
any representations regarding any advice provided on this
Site. For instance, we are not acting as a travel agent,
healthcare practitioner, real estate agent or broker,
financial institution, investment broker or counselor,
attorney, importer or exporter; nor do we provide
investment, legal, medical, counseling, real estate, or any
other advice. You should always seek such advice from
qualified, and licensed, professionals.
The information contained in or made available through
this cannot replace or substitute for the services of
trained professionals in any field, including, but not
limited to, financial, medical, or legal matters. In
particular, you should regularly consult a doctor in all
matters relating to physical or mental health, particularly
concerning any symptoms that may require diagnosis or
medical attention. Neither SwapThing nor any of its
affiliated companies nor any of its or their respective
licensors or suppliers make representations or warranties
concerning any treatment, action, or application of
medication or preparation by any person following the
information offered or provided within or through the Site.
Neither we nor our partners, or any of their affiliates,
will be liable for any direct, indirect, consequential,
special, exemplary or other damages that may result,
including but not limited to economic loss, injury, illness
or death.
Any advice posted on this Site, or otherwise provided
through the Site, is the sole opinion of the user, and not
endorsed, guaranteed, or warranted by SwapThing.
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Privacy Policy
We are committed to protecting your privacy and security and
have explained in detail the steps we take to do so. We urge
you to read our Privacy Policy.
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Jurisdictional Issues
We control and operate this site from our offices in the
United States of America. We do not represent that materials
on the site are appropriate or available for use in other
locations. Persons who choose to access this site from other
locations do so on their own initiative, and are responsible
for compliance with local laws, if and to the extent local
laws are applicable.
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Miscellaneous
If any disputes arise regarding your use of this Site, such
disputes shall be resolved according to the laws of the
State of California, without reference to its choice of law
provisions, and the federal or state courts of Santa Clara
County shall have exclusive jurisdiction over all claims.
If any of these terms and conditions are found unlawful,
void, or for any reason unenforceable, then that provision
will be considered severable from the remaining terms and
conditions, and will not affect the validity and
enforceability of the remaining provisions.
No waiver of any provision of these Terms shall be deemed
a further or continuing waiver of such provision or any
other provision, and SwapThing's failure to assert any right
or provision under these Terms shall not constitute a waiver
of such right or provision. SwapThing reserves the right to
amend these Terms at any time and without notice, and it is
your responsibility to review these Terms for any changes.
Your use of the Site following any amendment of these Terms
will signify your assent to and acceptance of its revised
terms.
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Opt Out
We may use your information to notify you of important
changes to the Site, services, and special offers. If you do
not want to receive such notices, you may use the following
options to opt out of receiving future communications:
- Enter your email message on
http://www.swapthing.com/user/email_opt_out.jsp?campaign=terms
- Send mail to the following postal address:
Jessica Hardwick
President & CEO
SwapThing, Inc.
10450 North Blaney Ave.
Cupertino, California 95014
ALL TEXTUAL GRAPHICAL AND OTHER CONTENT APPEARING ON THIS
WEB SITE ARE THE PROPERTY OF SWAPTHING, INC.
Copyright © 2006 SwapThing Inc. All
rights reserved.
(Last modified on August 3 , 2006)
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