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User Agreement
1) Membership Eligibility.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended swapitems.com members.
2) Fees and Services.
Joining, posting and viewing items at swapitems.com costs you nothing.
3) Swapitems.com is only a Venue.
Our site acts as the venue for users to list items and viewers to contact them by email. We are not involved in the actual transaction between swappers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
4) Safe Swapping.
Because user authentication on the Internet is difficult, swapitems.com does not confirm each user's identity. We encourage you to communicate directly with potential trading partners.
5) Release Swapitems.com.
Because we are not involved in the actual transaction between swappers, in the event that you have a dispute with one or more users, you release swapitems.com (and all estate of swapitems.com) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6) Information Control.
We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
7) Swapping.
If you, the viewer or posted trader, agree to swap items under your own terms and conditions, you are obligated to complete the transaction with the other party.
8) Listing.
Listings may only include text descriptions and URL's (web site addresses)that describe your item for sale (or as appropriate, for which are soliciting offers to trade). All listed items must be listed in an appropriate category.
9) Binding Agreements.
You must complete your transactions when agreed upon by both parties. All agreements are binding unless (a) the buyer fails to meet agreed items to be swapped, or (b) you cannot authenticate the buyer's identity.
10) Fraud.
Without limiting any other remedies, swapitems.com may suspend or terminate your account if you are found (by conviction, settlement, or otherwise) to have engaged in fraudulent activity in connection with our site.
11) Your Information.
"Your Information" is defined as any information you provide to us when you create an account. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for swap; (cc) are concurrently listed for swap a web site other than swapitems.com; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
Swapitems.com will not use Your Information for any listing services, or other forms of capturing your identity for other people's purposes.
12) Breach.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
13) No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
14) Liability Limit.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
You and the other party are responsible for swapping terms and must agree to them before trading.
15) Indemnity.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
16) Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
17) No Agency.
You and Swapitems.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
In other words: Swapitems.com is a kind of Classified Ads system. We are the provider of communication between trading of items. All agreements made outside of this system (through email, and various other communication) does not involve Swapitems.com in any way, shape, or form. We are not responsible for your trades, we just give you an accessible way to see what is out there.
Yes, I agree to all of the above terms, now let me make an account!
No, I do not agree to all of the above terms. I agree not post any items, but I still want to browse around.
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Last Updated On:
Tuesday, January 25, 2000 |
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