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.
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.
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:
Links to third party websites and services
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 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.
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.
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 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.
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.
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.