This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: June 1, 2011.
Statement of Rights and Responsibilities
Welcome to SWAP!T Zone, an online community that connects people through networks of friends for communicating, ,making new friends and swapping items. The SWAP!T Zone service is operated by Higher Connections LLC ("we," "us," or " SWAP!T Zone "). By using or accessing SWAP!T Zone website (the "Website") or SWAP!T Zone service (the "Service"), you agree to be bound by these Terms of Service (this "Agreement").
This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with SWAP!T Zone. By using or accessing SWAP!T Zone, you agree to this Statement.
- Proprietary Rights in Content
- Rights in Content Posted by SWAP!T Zone or Other Members. We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of SWAP!T Zone, our Members and our licensors. Except for any information which is in the public domain, you may not use, copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our express written consent in each case.
- Rights in Content Posted by You.
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with SWAP!T Zone ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- We always appreciate your feedback or other suggestions about SWAP!T Zone, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- Proprietary Rights in Content
We do our best to keep SWAP!T Zone safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on SWAP!T Zone.
- You will not collect users' content or information, or otherwise access SWAP!T Zone, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on SWAP!T Zone.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use SWAP!T Zone to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of SWAP!T Zone, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
- Registration Eligibility and Account Security
SWAP!T Zone users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on SWAP!T Zone, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use SWAP!T Zone if you are under 13.
- You will not use SWAP!T Zone if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on SWAP!T Zone that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on SWAP!T Zone if we believe that it violates this Statement.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including SWAP!T Zone and the SWAP!T Zone Logos), or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on SWAP!T Zone.
- About Advertisements and Other Commercial Content Served or Enhanced by SWAP!T Zone
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
- We can change this Statement at any time without any notification
- We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of SWAP!T Zone to you. We will notify you by email or at the next time you attempt to access your account. You may also send a request for your account to be deleted or disabled at any time. In all such cases, this Statement will still apply.
- You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or SWAP!T Zone exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on SWAP!T Zone, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP SWAP!T ZONE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SWAP!T ZONE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SWAP!T ZONE WILL BE SAFE OR SECURE. SWAP!T ZONE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SWAP!T ZONE. SWAP!T ZONE ONLY PROVIDES YOU A PORTAL TO AGREE UPON A SWAP OR TRADE OF ITEMS WITH OTHERS, ACTUAL PHYSICAL SWAPS OR TRADES HAS TO BE MADE OFFLINE BETWEEN YOU AND THE OTHER PARTY OUTSIDE SWAP!T ZONE WEBSITE. SWAP!T ZONE WILL NOT BE HELD LIABLE FOR THE ACTUAL PHYSICAL SWAPS.
- Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on SWAP!T Zone (such as advertising or payments) or operate a Platform application or website.
- If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Higher Connections LLC. References to “us,” “we,” and “our” mean either Higher Connections LLC.
- This Statement makes up the entire agreement between the parties regarding SWAP!T Zone, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- You will comply with all applicable laws when using or accessing SWAP!T Zone.