Terms and Conditions

TABLE OF CONTENTS

1. INTRODUCTION
2. ACCEPTANCE OF TERMS
3. CONTENT
4. PRIVACY
5. CONDUCT
6. LIMITATIONS ON SERVICE
7. TERMINATION OF SERVICE
8. DEALINGS WITH ORGANISATIONS AND INDIVIDUALS
9. PROPRIETARY RIGHTS
10. DISCLAIMER OF WARRANTIES
11. LIMITATIONS OF LIABILITY
12. INDEMNITY

1. INTRODUCTION

This User Agreement, the Make A Swap Terms and all policies posted this site set out the terms on which Make A Swap offers you access to and use of our site, services, applications and tools (collectively 'Services').

2. ACCEPTANCE OF TERMS

By using the service of the Make A Swap website in any way, you are agreeing to comply with our Terms of Service. Should you object to any term or condition, you should immediately discontinue use of Make A Swap.

3. CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service.

You understand that Make A Swap does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Furthermore, The Make A Swap site and Content available through the Service may contain links to other websites, which are completely independent of Make A Swap.

Make A Swap makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Make A Swap be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

You acknowledge that Make A Swap does not pre-screen or approve Content, but shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

4. PRIVACY

Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy please click here.

5. CONDUCT

You agree not to post, email, or otherwise make available Content:

  • that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  • that is false, deceptive, misleading, deceitful, misinformative, or constitutes 'bait and switch';
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • that constitutes or contains 'affiliate marketing', 'link referral code', 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or unsolicited commercial advertisement;
  • that constitutes or contains any form of advertising or solicitation that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law;
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that disrupts the normal function of the site via an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

  • contact anyone who has asked not to be contacted;
  • 'stalk' or otherwise harass anyone;
  • collect personal data about other users for commercial or unlawful purposes;
  • transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or any kind or nature;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
  • purposefully post Content in a irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
  • attempt to gain unauthorized access to Make A Swap computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.
6. LIMITATIONS ON SERVICE

You acknowledge that Make A Swap may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Make A Swap has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Make A Swap reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Make A Swap shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

7. TERMINATION OF SERVICE

You agree that Make A Swap, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Make A Swap believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Make A Swap shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

You agree that Make A Swap may delete, deactivate or otherwise terminate your account if you:

  • Are reported by another user including for failing to accurate represent products or services available or failing to complete an agreed swap.
8. DEALINGS WITH ORGANISATIONS AND INDIVIDUALS

Your interactions with organizations and/or individuals found on or through the Service, including arrangement and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Make A Swap shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Make A Swap is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Make A Swap its officers, employees, volunteers, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

9. PROPRIETARY RIGHTS

Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the Content is prohibited. Copying or reproducing the Sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

10. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF Make A Swap AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MAKE A SWAP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Make A Swap DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR POSTED ON WEBSITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON MAKE A SWAP. TO THE FULLEST EXTENT PERMITTED BY LAW, Make A Swap DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH MAKE A SWAP SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

11. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL MAKE A SWAP BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY ASPECT OF YOUR USE OF THE NETWORK SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF NETWORK SITE OR THE SERVICE, FROM INABILITY TO USE THE NETWORK SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE NETWORK SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE NETWORK SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

12. INDEMNITY

You agree to indemnify and hold Make A Swap, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.