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Terms of Use SWAP SHOP Classifieds is a free public service of SWAPSHOP.GOODDOGIE.COM PLEASE NOTE All ads are shown for 90 days and then are removed. If your items have not sold within the 90 day time limit, please feel free to resubmit your ad for another 90 days, you may do this as many times as you wish. SWAP SHOP terms of use: AGREEMENT This Agreement sets forth the Standard Terms and Conditions that apply to use of the SWAP SHOP site. YOUR USE OF THE SWAP SHOP SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. TERMS AND CONDITIONS You agree to familiarize yourself with the Terms of Use, and abide by them if you choose to use the sites, or accept the services or benefits, to which such terms apply. MEMBER CONDUCT You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service. You agree to not place ads regarding adult services and/or products. You further agree to not place ads which contain slanderous comments. All advertisements for adult products and/or services, or which contain slanderous comments, will be deleted and your account may be closed without warning. SWAP SHOP reserves the right to remove any listings or advertisements for any reason at our sole discretion. SWAP SHOP, however, does not have the responsibility of reading and monitoring all listings and advertisements. MEMBERSHIP ELIGIBILITY Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are only available to minors under the supervision of the minor's parent/legal guardian. By using this site you warrant that you are at least eighteen (18) years of age. Your account and User ID may not be transferred or sold to another party. You agree that, with respect to other users' personally identifiable information that you obtain through the Site or through a SWAP SHOP' related communication or SWAP SHOP-facilitated transaction, SWAP SHOP hereby grants to you a license to use such information only for SWAP SHOP related communications that are not unsolicited commercial messages and for completing the transaction in question. You warrant that the information you provide to us is complete, valid and honest. If you provide any information that is untrue, not current or incomplete, or SWAP SHOP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SWAP SHOP has the right to refuse any and all current or future use of the SWAP SHOP (or any portion thereof) by you. You may only upload content that belongs solely to you. You agree that you will not upload any content that is in violation of any rights based on copyright or trademark. PAYMENT Payments for purchases will be made by the Consumer directly to the Seller. SWAP SHOP is not involved in the payment transaction between Consumer and Seller. SWAP SHOP is not responsible for setting payment terms, collecting or ensuring payments. The parties need to reach an agreement on the pricing and the payment terms prior to the finalization of the transaction. RELEASE SWAP SHOP is not involved in the actual transaction between the parties. As a result, SWAP SHOP has no control over the quality, safety or legality of the goods, services or transaction. SWAP SHOP has no control over payments made by the Consumer to the Seller. We cannot ensure that a transaction will actually be completed. SWAP SHOP cannot and does not confirm each user's purported identity. Any agreements are solely between the Consumer and the Seller. In the event that you have a dispute with one or more users, you release SWAP SHOP (and our officers, directors, agents, subsidiaries and employees) 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. If you are unsure about your purchase or sale, you are advised to seek the advice of competent legal counsel before you sign a contract or otherwise finalize the transaction. CONTENTS OF MESSAGES You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use SWAP SHOP for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use SWAP SHOP to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. SWAP SHOP reserves the right to terminate User's account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines. ACCOUNT AND PASSWORD You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify SWAP SHOP of any unauthorized use of your account. LINKS The links on the SWAP SHOP Web Site may let you leave the SWAP SHOP Web Site. You acknowledge that the linked sites are not under the control of SWAP SHOP and SWAP SHOP is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. SWAP SHOP is not responsible for web casting or any other form of transmission received from any linked site. SWAP SHOP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SWAP SHOP of the linked site or any association with their operators. UNLAWFUL OR PROHIBITED USE As a condition of your use of the SWAP SHOP Web Site you warrant to SWAP SHOP that you will not use the SWAP SHOP Web Site for any unlawful purpose. RIGHTS GRANTED TO SWAP SHOP By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the SWAP SHOP Web Site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant SWAP SHOP the licenses set forth below. You hereby grant SWAP SHOP and its affiliated companies permission to: 1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication. 2. Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. 3. Publish your name in connection with any such communication. The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to SWAP SHOP or its sub- licensee's use of the materials contained within such communication. SWAP SHOP is under no obligation to post or use any materials you may provide, and may remove such materials at any time in SWAP SHOP sole discretion. RELATIONSHIP OF THE PARTIES Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY THE SWAP SHOP SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SWAP SHOP EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ALMARCUS.COM SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SWAP SHOP, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SWAP SHOP, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SWAP SHOP SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE SWAP SHOP SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT SWAP SHOP IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM SWAP SHOP AND ITS AFFILIATES. COPYRIGHT AND TRADEMARKS All contents of the SWAP SHOP Web Site are proprietary to SWAP SHOP, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. SWAP SHOP reserves any rights not expressly granted herein. PROMOTIONAL MESSAGES SWAP SHOP may, from time to time, send e-mail messages to Users regarding Users account. SWAP SHOP will not, however, provide your e-mail address to third parties, nor send you promotional messages regarding third party services not directly related to SWAP SHOP. INDEMNIFICATION You agree to defend, indemnify and hold harmless SWAP SHOP against any and all claims, losses, liability costs and expenses arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with SWAP SHOP. ASSIGNMENT In the event of a merger or consolidation of SWAP SHOP, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement. ENTIRE AGREEMENT Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto. MODIFICATION OF TERMS SWAP SHOP reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the SWAP SHOP Web Site. You are responsible for regularly reviewing these documents. Continued use of the SWAP SHOP Web Site after any such changes shall constitute your consent to such changes. SWAP SHOP does not and will not assume any obligation to notify you of any changes to the Terms of Service. |