Terms of Use

University Swap Shop Terms of Use

Terms of Use

By Accessing And Using The Web-Services In Any Way, You Agree To Be Bound By These Terms.

These Terms of Use ("Terms") are a legal agreement between you and SwapShop and govern your use of the University SwapShop.com Website services (Web-services), either as a visitor, contributor, or as a registered user. Use of, posting of information to, and access to the Web-services are subject to your acceptance without modification of these Terms, so please read them carefully before using the Web-services. SwapShop reserves the right to limit or terminate your access to the Web-services or terminate or suspend your registration for failure to comply with the terms and policies posted on the Web-services, including these Terms, or for any reason at any time.

By Accessing And Using The Web-Services In Any Way, You Agree To Be Bound By These Terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU SHOULD NOT USE OR POST INFORMATION WITH THE WEB-SERVICES IN ANY MANNER.

Modifications to these terms
SwapShop may change, modify, update, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Web-services, following the posting of any changes, will signify your acceptance of those changes.

Changes to the Web-services
In an effort to continually improve the Web-services and its usefulness to you, we may add additional services or make changes to existing services. In the event that SwapShop makes such changes, these Terms shall apply to the new services and to any changes to existing services.

User information
To use certain parts of the Web-services, you will be asked to provide personal information about yourself, such as your name, e-mail address, password, country zip code, or postal code. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify SwapShop immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by SwapShop or any other user of or visitor to the Web-services due to the use of your username, password, or account by another person.

You may not use anyone else's SwapShop ID, password, or account at any time without the express permission and consent of the holder of that SwapShop ID, password, or account. SwapShop cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy policy
SwapShop respects your desire for privacy and takes care to protect the personal information you provide us. SwapShop's privacy policy can be found at [NEED URL]. By using the Web-services, you are consenting to the terms of our privacy policy.

SwapShop has security measures in place to protect the loss, misuse, and alteration of the information under SwapShop's control. These security measures are described in our privacy policy.

Although SwapShop has taken the steps described in our privacy policy to ensure that your personal information is delivered and disclosed only in accordance with our privacy policy, SwapShop does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

SwapShop is not responsible for any information provided by you to third parties, and that information is not subject to SwapShop’s privacy policy. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to third parties via the Web-services. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties.

Notwithstanding anything herein to the contrary, by submitting Personal Information, you grant SwapShop, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers, and employees the right to store, use, and distribute Your Personal Information. We gather and use information as follows: We will receive and store any information you enter on the Web-services or give us in any other way that personally identifies you to improve your experience at the website, to get a better general understanding of the type of individuals visiting the website and to enable us to contact you when needed. In addition, SwapShop may collect and utilize any data and other information posted or received in any way by the website, including without limitation website data, including but not limited to date of birth, school, date of graduation, major, minor, university, and email addresses, derived from use and performance of the Services and its related products and services under this Agreement for SwapShop’s own business purposes, for the purposes of developing, delivering and enhancing SwapShop’s products and services, and for internal evaluation of trends, system usage, security threats, intrusions and other similar internal purposes. For the avoidance of doubt, Website may send email messages or survey data to or sell, lease, rent, or otherwise make available email addresses and/or survey data acquired through the Web-services by SwapShop to third-parties. Our data collection, use, and disclosure practices, are outlined more fully in our Privacy Policy (which may change from time to time).

Content
You agree that all text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and computer code ("Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel", and the arrangement of such Content, contained on the Website is owned, controlled, or licensed by SwapShop. All such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.  SwapShop hereby grants you limited permission to use the Content subject to these Terms, as long as the use of such Content is solely for your personal, non-commercial informational use.

You agree not to license, distribute, make derivative works, display, sell, or "frame" content from CL, excluding content you create and sharing with friends/family. SwapShop reserves all rights to Content not expressly granted herein.

No unlawful or prohibited use
While using the Web-services, you may NOT do the following:

  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web-services or SwapShop's systems or networks, or any systems or networks connected to the Web-services or to SwapShop 
  • Use any robot, spider, scraper, or other automated means to access the Web-services or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines 
  • Transmit any information, file, or software that contains, but not limited to, a virus, Trojan horse, worm, adware, spyware, crimeware, online graffiti tagger, dropper, rootkit, keylogger, bot, or any other harmful software program or program element

Links to third party websites and services
SwapShop is not responsible for any information provided by you to third parties, and such information is not subject to this Privacy Policy. You assume all privacy, security and other risks associated with providing information, including personal information, to third parties.

In attempting to provide you with comprehensive and useful resources, the Web-services may contain links to third-party websites, Web-services, or services which are not under the control of SwapShop. SwapShop is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. SwapShop is providing these links to you only as a convenience, and the inclusion of any link does not imply that SwapShop endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site.

In connection with your use of the Web-services, you may be made aware of services, products, offers, and promotions provided by third parties, and not by SwapShop. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party service or product. You agree that the third party, and not SwapShop, is responsible for the performance of the third-party services or products.

Your Use of Web-services Made Available.
If you access or use any of the Web-services which are submitted or otherwise made available by other Users or by SwapShop through the SwapShop Website, you acknowledge and agree that your use of such Web-services is subject to any license terms, terms of use or other permissions granted by the licensor of the application and you agree to comply with such terms. You further acknowledge and agree that SwapShop does not have any obligation to monitor data uploaded by Users and disclaims all responsibility and liability for your use of Web-services, including without limitation the accuracy, completeness, appropriateness, legality, security, availability, or applicability of the data and you hereby waive any and all legal or equitable rights or remedies you have or may have against SwapShop  with respect to the Web-services that you may download, share, access or use.

If you choose to upload data to SwapShop, you acknowledge and agree you are giving certain legal rights to the licensor of the application to process and otherwise use your data. Further, SwapShop does not claim ownership of your data; however, you hereby grant SwapShop a worldwide, perpetual, irrevocable, royalty-free, fully paid up, transferable and non-exclusive license, as applicable, to use and copy your data in connection with making your data available to the application (and the licensor of such application) to which you have submitted your data. You acknowledge and agree that even if you remove your data from the SwapShop Web-services, your data may have been downloaded by, and remain accessible to, the licensors of those Web-services to which you submitted your data. Accordingly, do not submit data which you desire to remain confidential or which you wish to limit the right to access or use.

WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEWeb-services AND ALL MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THEWeb-services OR LINKED FROM THE AVAILABLE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, AND SWAPSHOP AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, AND PARTNERS (HEREINAFTER COLLECTIVELY REFERRED TO AS "SUPPLIERS") HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. SWAPSHOP DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE WEB-SERVICES. SWAPSHOP AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE WEB-SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO THE WEB-SERVICES OR ANY INFORMATION, POSTINGS, OPINIONS, OR SERVICES LINKED FROM THE WEB-SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. SWAPSHOP CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEB-SERVICES WILL BE FREE OF ALL VIRUSES, MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUT NOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINE GRAFFITI TAGGERS, DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN ADDITION, SWAPSHOP IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, OR PARTNER, WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY SWAPSHOP, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER.

Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWAPSHOP (OR SWAPSHOP'S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF SWAPSHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEB-SERVICES, REMOVAL OR TERMINATION OF THE WEB-SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THE WEB-SERVICES, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB-SERVICES, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THE WEB-SERVICES, OR ANY OTHER MATTER RELATING TO THE WEB-SERVICES. IN NO EVENT SHALL SWAPSHOP'S CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEB-SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO SWAPSHOP DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS.
 
Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.

Indemnification
You shall indemnify, defend, and hold harmless SwapShop, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions arising out of your use of the Web-services. SwapShop reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim.

Disclosure of use
SwapShop may disclose any information we have about you (including your identity), any transmittals or communications by you, and your use of the Web-services or any services made available on the Web-services if we determine that such disclosure is necessary to (1) comply with legal process, (2) comply with any investigation or complaint regarding your use of the Web-services, (3) enforce these Terms of Use, (4) respond to claims that any such data violated the rights of others, or (5) protect the rights, property, or personal safety of SwapShop, its employees, and visitors to or users of the Web-services, including SwapShop's customers, and the public.
SwapShop reserves the right at all times to disclose any information that SwapShop deems necessary to comply with any applicable law, regulation, legal process, or governmental request. SwapShop may also disclose your information when SwapShop determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

Termination
You agree that SwapShop may, in its sole discretion and without prior notice, terminate your access to the Web-services and/or block your future access to the Web-services if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Web-services, or for other reasons that may include but are not limited to (1) requests by law enforcement or other government agencies, (2) a request by you to remove your account, (3) discontinuance or material modification of the Web-services or any service offered on or through the Web-services, or (4) unexpected technical issues or problems.
In the event this agreement is terminated, the restrictions regarding Content or materials appearing on the Web-services, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms of Use will survive termination. In the event that you are unsatisfied with the Web-services or any services that may be provided by SwapShop, your sole remedy is to terminate this agreement

If SwapShop does take any legal action against you as a result of your violation of these Terms of Use, SwapShop will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any injunctive or equitable relief granted to SwapShop. You agree that SwapShop will not be liable to you or to any third party for termination of your access to the Web-services. 

Governing law
These terms shall be governed by the laws of the United States and by the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions; all claims and actions must be brought in the appropriate state or federal court located in Allegheny County, Pennsylvania; and, you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and venue. 

Miscellaneous
SwapShop may assign these Terms at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of assets to another entity. You may not assign this agreement. These Terms constitute the entire agreement between you and SwapShop regarding this subject matter, and they govern your use of the Web-services. The failure of SwapShop to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web-services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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