Last Revision: March 27, 2017
Swappty may modify this Agreement from time to time and any change in this agreement shall be effective upon posting on the Swappty Website without prior notice. You agree to be bound to any changes to this Agreement when you use the Swappty website after any modification is posted. You are required to check this agreement regularly to ensure you are updated as to any changes.
Special Personal Profile Restrictions
Please choose carefully the information you post on Swappty and that you provide to other Users. Swappty may not post publicly the following items to your personal page unless it is required by a design component of the Swappty website: telephone numbers, street addresses, and any photographs excessively violent, harassing, containing nudity, or obscene, lewd, sexually explicit or otherwise inappropriate subject matter. Despite this prohibition, information provided by other Swappty Members (for instance, in their Profile) may contain inaccurate, inappropriate, products or services, offensive or sexually explicit material, and Swappty assumes no responsibility or liability for this material.
Swappty reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Swappty website at any time, for any reason, without prior notice, and without liability.
- Eligibility. Use of and Membership on the Swappty website is void where prohibited. By using the Swappty website, you represent and warrant that;
- All registration information you submit is truthful and accurate.
- You will maintain the accuracy of such information.
- You are 13 years of age or older; born on or before 5/30/2004.
- Your use of the Swappty website does not violate any applicable federal or state law and/or regulation.
- Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
- Term. This Agreement shall remain in full force and effect while you use the our services, or are a member of Swappty. Swappty may terminate your membership or site access at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-15.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on Swappty or through the Swappty Services. Swappty reserves the right to investigate and take appropriate legal action against anyone submitting, posting, linking or in any way displays prohibited content on Swappty Services.
- Harasses or advocates harassment of another person;
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for unlawful purposes from other Users;
The following is a partial list of the kind of activity that is illegal or prohibited on the Swappty Website and through your use of the Swappty Services. Swappty reserves the right to investigate and take appropriate legal action against anyone who, in Swappty’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- covering or obscuring the any advertisements we may place on your personal profile page;
- any automated use of the system, such as using scripts to post comments or messages;
- attempting to impersonate another Member or person;
- interfering with, disrupting, or creating an undue burden on the Swappty Services or the networks or services connected to the Swappty Services;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- using any information obtained from the Swappty Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile; or
- using the Swappty Services in a manner inconsistent with any and all applicable laws and regulations.
- Password. When you create your account, you will be asked to choose a password. Your password is designed for only you to know. You agree not to use the account, username, or password of another registered member at any time. You agree to notify Swappty immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account.
- Content Posted.
- Swappty may delete any Content that in the sole judgment of Swappty violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Swappty B.V. assumes no responsibility for monitoring the Swappty website for inappropriate Content or conduct.
- You are solely responsible for the Content that you post to or on any of the Swappty website. Swappty does not endorse and has no control over the Content. Content is not necessarily reviewed by Swappty prior to posting and does not necessarily reflect the opinions or policies of Swappty. Swappty makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Swappty, members or posted on Swappty hosted sites without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Swappty to terminate access privileges of any one who repeatedly infringes the copyright rights of others upon receipt of proper notification to Swappty by the copyright owner or the copyright owner’s legal agent.
- Member Disputes. You are solely responsible for your interactions with other Swappty Members. Swappty or Swappty B.V. reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Disclaimers. Swappty is not responsible for any incorrect or inaccurate Content posted on the Swappty Website or in connection with the Swappty Services, whether caused by Users of the Swappty Services or by any of the equipment or programming associated with or utilized in the Swappty Services. Profiles created and posted by Members on the Swappty Website may contain links to other websites. Swappty is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Swappty. Inclusion of any linked website on the Swappty Services does not imply approval or endorsement of the linked website by Swappty. When you access these third-party sites, you do so at your own risk. Swappty takes no responsibility for third party advertisements which are posted on Swappty Website or through the Swappty Services, nor does it take any responsibility for the goods or services provided by its advertisers. Swappty is not responsible for the conduct, whether online or offline, of any User of the Swappty Services. Swappty 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, any User or Member communication. Swappty is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Swappty Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Swappty Services. Under no circumstances shall Swappty be responsible for any loss or damage, including personal injury or death, resulting from use of the Swappty Services, attendance at a Swappty event, from any Content posted on or through the Swappty Services, or from the conduct of any Users of the Swappty Services, whether online or offline. The Swappty Services are provided “AS-IS” and as available and Swappty expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Swappty cannot guarantee and does not promise any specific results from use of the Swappty Services.
- Disputes. If there is any dispute about or involving the Swappty Services, you agree that the dispute shall be governed by the laws of the State of Utrecht, The Netherlands, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the The Netherlands located in the State of Utrecht, City of Utrecht.
- Copyright infringement. If you believe that your work has been copied and posted on the Swappty Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Swappty Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Swappty’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Swappty B.V.; Attn: Copyright Agent; and email: firstname.lastname@example.org.
- Limitation on Liability. IN NO EVENT SHALL SWAPPTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SWAPPTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SWAPPTY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SWAPPTY FOR THE SWAPPTY SERVICES DURING THE TERM OF MEMBERSHIP.
- Indemnity. You agree to indemnify and hold Swappty B.V., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Swappty Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Swappty Website or through the Swappty Services causes Swappty to be liable to another.
- Other. This Agreement is accepted upon your use of the Swappty Website or any of the Swappty Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Swappty regarding the use of the Swappty Services. The failure of Swappty to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Swappty is a trademark of Swappty B.V., CoC registration number 66276918. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
BY READING THIS AGREEMENT OR REGISTING AN ACCOUNT ON THIS WEBSITE YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS HEREIN.