These Terms of Service (the "Terms") govern your use of the item exchange platform made available by TheSwap2Shop.com Inc. ("TheSwap2Shop.com," "we" and "us") at TheSwap2Shop.com (the "Service" or the "TheSwap2Shop.com platform"). The details of the Service are set forth more fully in these Terms below and elsewhere on our website. To agree to these Terms, click "I Agree" where indicated in our user registration process and throughout the website.
We reserve the right to modify these Terms prospectively at any time. We will post any changes to these Terms on our website, and will indicate the date the Terms were last revised. Your continued use of the Service after any such change constitutes your acceptance of the updated Terms.
The Service provides TheSwap2Shop.com users an online platform for facilitating the exchange of new and used itemsamong multiple users. Specifically, the TheSwap2Shop.com platform enables you to exchange items that you own with one or more other users, such that, for example, if user A wants an item that user B has, but user B is not interested in user A’s item and instead is interested in user C’s item (who is interested in user A’s item), the Service connects user A to user B, user B to user C, and user C to user A (and so on with additional users, as needed), so that all of the users in the collective swap receive the item that they want.
When all users for a proposed swap have been identified by the Service, each user will be notified by TheSwap2Shop.com (via email) of the proposed swap. The swap will only become effective if and when all such users confirm approval (via reply email) of the proposed swap, and for each such user only if approval is provided within ten (10) business days of TheSwap2Shop.com’s notice to such user of the proposed swap. Any swap for which TheSwap2Shop.com does not receive all such approvals will be cancelled (and no fees charged).
In order to use the Service, you must first agree to these Terms in the user registration process. You are also required to register and set up a profile for your presence on the TheSwap2Shop.com platform (your "Profile").
The Service is intended solely for individuals who are at least 18 years of age or older. Any registration by, use of or access to the Service by anyone under 18 is unauthorized. By using the Service, you represent and warrant that you are 18 or older.
When you register with TheSwap2Shop.com, you will be asked to disclose certain personal information, including a user name and email address, and to set up a password. Please keep in mind that information posted to your Profile will be viewable by other users of the Service.
You agree to provide us with true, accurate and complete information about you as requested in our registration process. You also agree to update such information promptly as necessary to keep it current and accurate.
For each swap approved by all users involved in such swap, you are responsible for paying (i) the shipping cost and any related fees only for the item that you will receive, (ii) any insurance that you purchase through TheSwap2Shop.com’s Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars.
Except as required by law, all fees are nonrefundable and you are responsible for canceling your subscription before the trial period ends as your credit card, debit card, etc. will be automatically charged the subscription fee once your trial period has ended. No fee will be charged for a proposed swap until the swap is approved by all involved users. TheSwap2Shop.com reserves the right to refuse or terminate any proposed swap at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days. You are responsible for any sales taxes, use taxes, or other taxes applicable to any swap in which you are involved through the Service.
You acknowledge that TheSwap2Shop.com does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content uploaded to the Service by or on behalf of any TheSwap2Shop.com user, or any opinion expressed in such content. You further acknowledge that TheSwap2Shop.com does not endorse, support, represent or provide any warranty for any item made available through the Service.
You are solely responsible for your interactions with other users of the Service and any other third party, including any disputes between you and another user in connection with a swap or an item provided or received through a swap through the Service. You acknowledge that TheSwap2Shop.com and its representatives are not parties to, and have no TheSwap2Shop.com user or other third party.
YOU AGREE THAT TheSwap2Shop.com SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM ANY DEALINGS BETWEEN YOU AND ANY OTHER TheSwap2Shop.com USER OR OTHER THIRD PARTY.
We reserve the right, but have no obligation, to monitor or attempt to mediate any dispute between you and any other user of the Service.
TheSwap2Shop.com reserves the right to prohibit, in its sole discretion, certain items and categories of items from being propose a particular item for exchange through the Service. Items prohibited from the Service include, at a minimum, any item prohibited by any law, rule or regulation from being bought or sold through a marketplace such as the TheSwap2Shop.com platform.
It is your responsibility to comply with all laws, rules, and regulations applicable to your use of the Service. For your reference, the following is a non-exhaustive list of items not permitted to be offered for exchange on the TheSwap2Shop.com platform:
You understand and agree that you are solely responsible for all content, including all text, photos, videos and information regarding an item offered for exchange through the Service, which is uploaded to or otherwise made available through the Service through your Profile (collectively, your "User Content").
You hereby represent and warrant that you own or have all licenses, consents, and/or permissions necessary to authorize TheSwap2Shop.com to use any and all of your User Content on the Service and as otherwise contemplated by these Terms, including under any and all copyright, trademark, and other intellectual property rights, as well as any and all moral rights, rights of privacy, rights of publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic, in or to your User Content. You may not upload to or otherwise make available any content through the Service for which you do not have all such necessary ownership rights and/or licenses, consents or permissions. By uploading to or otherwise making available your User Content through the Service, you automatically grant to TheSwap2Shop.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, prepare derivative works (including excerpting, in whole or in part) and distribute such User Content for any purpose (including commercial, advertising and other purposes), on or in connection with the Service or the promotion thereof, and to grant and authorize sublicenses of any of the foregoing. When you upload to or otherwise make available your User Content through the Service, you also authorize and direct TheSwap2Shop.com to make such copies thereof as we deem necessary in order to facilitate the transmission and storage of such User Content. You should exercise caution, good sense and sound judgment in uploading content to the Service. You should not upload any content to the Service that is confidential or proprietary to you or any third party.
You may remove any of your User Content from the Service at any time. If you remove any of your User Content, the license granted by you to TheSwap2Shop.com above will immediately terminate with respect to such User Content, except that we may retain archived copies of such User Content for a reasonable period of time for audits and similar purposes. We do not assert any ownership over your User Content; rather, as between TheSwap2Shop.com and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
You understand and agree that TheSwap2Shop.com may, but is not obligated to, review your User Content from time to time, and that we may delete or remove (without notice) from the Service any of your User Content in our sole discretion, for any reason or no reason, including if in our judgment such User Content violates these Terms, or might be offensive or illegal, or might harm or violate the rights or threaten the safety of users or others.
You represent, warrant and agree that you own any item that you offer for exchange through the Service. You further represent, warrant and agree that your User Content will not violate or infringe upon the rights of any third party, including any copyright, trademark, privacy, publicity or other intellectual property, personal or proprietary right.
Without limiting the generality of the foregoing, you agree not to upload to or otherwise make available through the Service any of the following:
Subject to the terms and conditions of these Terms, the Service, including all text, graphics, photos, videos, information, applications, and any other content available on or through the Service, and their selection and arrangement in the Service, are the intellectual property of TheSwap2Shop.com or our licensors, with all rights reserved.
Subject to the terms and conditions of these Terms, TheSwap2Shop.com grants you a non-exclusive, revocable, limited license to access and use the Service solely for the purposes set forth in these Terms. Any use of the Service other than as specifically authorized in these Terms, without the prior written permission of TheSwap2Shop.com, is strictly prohibited and will automatically terminate the foregoing license granted to you. Also, this license will terminate upon any termination of the Terms or upon any suspension, termination or cancellation of your access to the Service.
You agree not to do any of the following:
The U.S. Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content uploaded, posted or otherwise transmitted through the Service infringes upon any copyright which you own or control, you may so notify us. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Service who are deemed to be repeat infringers.TheSwap2Shop.com may also at its sole discretion limit access to the Service or terminate the Profile of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
All trademarks, service marks, logos and trade names associated with TheSwap2Shop.com and/or the Service, whether registered or unregistered, are proprietary to TheSwap2Shop.com or to other companies where so indicated. Such marks may not be used, including as part of others’ trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TheSwap2Shop.com.
The Service may contain or deliver links to other websites (each, a "Third-Party Site") as well as applications, software, text, graphics, pictures, designs, music, sound, video, articles, photographs, information, and other content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by TheSwap2Shop.com, and we are not responsible for any Third-Party Sites accessed through the Service or any Third-Party Content uploaded to, or otherwise available through, the Service.
If you decide to leave the Service and access a Third-Party Site or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and TheSwap2Shop.com’s other policies no longer govern. You should review the terms and policies, including privacy and data gathering practices, applicable to any Third-Party Site or Third-Party Content to which you navigate or relating to any applications you use or install from the Service.
All personally identifiable information that you provide to us through the Service will be held and used in accordance with our Policy.
You acknowledge that TheSwap2Shop.com is not responsible or liable in any manner for (i) any item offered for exchange through the Service, or (ii) any content (including your User Content), or any Third-Party Content, posted or transmitted through the Service, whether posted or transmitted by users of the Service, by TheSwap2Shop.com, by a third party or by any of the equipment or software underlying the Service.
Although we have rules prohibiting certain items, and have other user conduct rules, we do not control and are not responsible for what users offer for exchange through the Service, or upload to the Service. TheSwap2Shop.com is not responsible for the conduct, whether online or offline, of any user of the Service. The Service may be temporarily unavailable from time to time for maintenance or other reasons. TheSwap2Shop.com 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 communications.
TheSwap2Shop.com is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or on the Service or combination thereof, including injury or damage to your or to any other person’s computer, mobile device, or other hardware or software, related to or resulting from using or downloading materials in connection with the Service.
Under no circumstance will TheSwap2Shop.com be responsible for any loss or damage resulting from your use of the Service, or from any content (including your User Content) or Third-Party Content uploaded or otherwise made available through the Service, or from any interactions between users of the Service (whether online or offline).TheSwap2Shop.com reserves the right to modify the Service at any time without notice.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW).
TheSwap2Shop.com DOES NOT GUARANTEE ANY SPECIFIC RESULT FROM USE OF THE SERVICE. TheSwap2Shop.com DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL TheSwap2Shop.com OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER SPECIAL OR INDIRECT DAMAGES (INCLUDING FOR ANY LOST BUSINESS PROFITS) OR FOR PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF TheSwap2Shop.com IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TheSwap2Shop.com may terminate your access to the Service, delete your Profile and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice.
Your use of the Service and these Terms shall be governed by, and construed in accordance with, the internal laws of the State of Texas without reference to the choice of law or conflicts of law principles thereof, and all claims relating to or arising out of your use of the Service or these Terms, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Texas without reference to the choice of law or conflicts of law principles thereof. The United Nations Convention for the International Sale of Goods shall not apply.
Any dispute, claim or controversy arising out of or relating to the Service or these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Dallas, Texas before a panel of three neutral arbitrators, unless the matter in controversy is within the scope of an applicable small claims court’s jurisdiction.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude TheSwap2Shop.com or you from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties
You agree to indemnify and hold harmless TheSwap2Shop.com, and its directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any item you offer for exchange through the Service, any of your User Content, your conduct in connection with the Service, and/or any violation of these Terms or of any law or rights of any third party
These Terms constitute the entire agreement between you and TheSwap2Shop.com regarding the use of the Service, superseding any prior agreements between you and TheSwap2Shop.com relating to your use of the Service. The failure of TheSwap2Shop.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding these Terms, please contact us by sending an email to contact@theswap2shop.com
