This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason upon receipt of your written or email notice of termination. We may terminate your membership for any reason effective upon sending notice to you at the email address you provide whilst registering or such other email address as you may later provide to us. If your membership is terminated, you will not be entitled to use any Credits (“Credits”) accrued. Even after this Agreement is terminated, certain provisions will remain in effect.
3). NON-COMMERCIAL USE BY MEMBERS
The Website is for the personal use of individual members only, and may not be used in connection with any commercial endeavours. This includes providing links to other websites, whether deemed competitive or otherwise. Illegal and/or unauthorised uses of the Website, including unauthorised framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4). PROPRIETARY RIGHTS
We own and retain all proprietary rights in the Website and the Service. This includes all items uploaded to the Website and subsequently sent to us. By sending an item you are entering into a contract to transfer ownership to us.
The Website contains the copyrighted material, trademarks, and other proprietary information of Swopped, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5). CONTENT POSTED ON THE WEBSITE
You understand and agree that we may edit and delete any content or photos uploaded (collectively, “Content”). You are solely responsible for the Content that you publish or display (hereinafter, “Post”) on the Service. By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Swopped an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicenses of the foregoing. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
a). is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b). harasses or advocates harassment of another person;
c). involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
d). promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
e). promotes an illegal or unauthorised 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;
f). contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
g). displays pornographic or sexually explicit material of any kind;
h). provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
i). provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
j). solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although we cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
6). COPYRIGHT POLICY
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; 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 authorised to act on the copyright owner’s behalf.
We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilised in the Service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user or Member communications. We are 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 email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Swopped expressly disclaims any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
8). LIMITATION ON LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our 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 us for the Service during the term of membership.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the United Kingdom without regard to its conflict of law provisions.
You agree to indemnify and hold Swopped, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service 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.
11). ACCEPTANCE OF YOUR ORDER
An order is accepted when we dispatch the goods. This is also when the purchase contract will be made, even if your payment has been processed prior to this. We may refuse your order if:
a). if you have not met our terms and conditions
b). if there has been a pricing error
c). we don’t receive payment
d). the goods are not available
We will always try to fulfil your order where possible but are under no obligation to supply the items ordered unless they are in stock and available at the prices specified.
If items are awaiting stock, and therefore subject to delays, we will continue to process the rest of the order.
Payment can be made securely online through Paypal, of which can process credit/debit card payments even if you don’t have an account with them.
13). THIRD PARTY CONTACT
From time to time we may permit carefully selected third parties to contact members with promotional offers. If you prefer not to receive such offers please email email@example.com or contact us.
Credits are for indicative purposes only and can not be exchanged for money. We reserve the right not to award Credits for items even if initially approved. Although you may appeal any evaluation, our decision is final.
We have the authority to cancel Credits for any reason effective upon sending notice to you at the email address you provide whilst registering or such other email address as you may later provide to us.
If an item is initially approved but then subsequently disapproved due to it being misdescribed or failing to meet our guidelines, then the cost of returning these items will be at your expense.
Swop items sent IN to swopped are limited depending on the subscription package chosen us per month, this excludes recycling ‘Swops’, returns/ re-swaps. Unlimited Items are allowed purchased with credits per month from the Shop. ‘Sign up’ free credits can only be used once an initial subscription payment or an initial item swap in to Swopped has been made.
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Swopped regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.