This is a legal agreement ("Agreement") between you, the Member ("Member") and the operator of SwapTreasures.com. If Member does not agree to the terms and conditions of this Agreement, do not check the appropriate box on the registration page and do not access or use the Service. Before you may register as a SwapTreasures member, you
must agree with and accept all of the terms and conditions contained in this User Agreement.
By accepting the terms and conditions of this Agreement, Member represents, warrants and covenants that (a) Member is 18 years old or older or has been signed up by an adult; (b) Member or adult signing up for a member under the age of 18 years old, is capable of entering into a legally binding agreement;
2. SUBMISSION
SwapTreasures is not responsible for User Submissions appearing anywhere on the Site. The User Submission and SwapTreasures's use thereof as contemplated by these Terms and the Site will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
SwapTreasures is not responsible for screening User Submissions for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We do, however, retain the right to modify or remove User Submissions that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, a violation of any term or condition, or otherwise unacceptable.
3. CONTROL OF YOUR ACCOUNT
You are responsible for keeping your account password confidential, and you accept full responsibility for all activity which takes place in connection with your member account.
4. LISTING AND TRADING MEDIA MATERIALS
You must be legally able to trade the medial materials you list on the Site, and you agree to accurately describe your items and their condition. Materials posted for trading may not be (a) stolen; (b) created by any means or method which infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or which violates any law, statute, ordinance or regulation; or (c) modified in any manner which infringes any third party's copyright, patent, trademark, trade secret or other roprietary rights or rights of publicity or privacy, or which violates any law, statute, ordinance or regulation. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
5. ACCESS AND INTERFERENCE
You agree that you will not use any automated means (such as robots, spiders or scrapers) to access the Site for any purpose without the Site’s express written permission. Additionally, you agree that you will not: (i) take any action that imposes or may impose an unreasonable or disproportionately large load on the Site’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior written permission of SwapTreasures and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the operation of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site.
6. REMEDIES FOR BREACH, FRAUD
In the event of your breach of this Agreement, or if SwapTreasures suspects that you have engaged in fraudulent activity of any kind in connection with the Site, SwapTreasures may, without limiting any other remedies available to it: (a) limit your trading activity on the Site; (b) remove your items listed for trading; (c) issue to other users a warning about you; (d) temporarily suspend your account; and/or (e) terminate your account.
7. NO WARRANTY
SwapTreasures provides our website and services “AS IS” and without any warranty or condition, express, implied or statutory. SwapTreasures specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you.
8. LIMITATION OF LIABILITY
This site , SwapTreasures.com, is owned and provided by JJB Technology, Inc. In no event shall SwapTreasures or JJB Technology, Inc. be liable for lost profits or any damages (including direct, indirect, special, consequential, incidental and exemplary), arising out of or in connection with SwapTreasures.com, services supplied by SwapTreasures, or this Agreement (however arising, including negligence).
SwapTreasures and JJB Technology, Inc. will not be liable for any damages (including direct, indirect, special, consequential, incidental and exemplary) in the event that this website is unavailable to Users (by virtue of interruption, suspension or termination) for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades, or preventative or remedial maintenance activities.
Users acknowledge that SwapTreasures has no control over the quality, safety or standard of goods offered for trade on SwapTreasurs.com, or the truth or accuracy of the information provided by Users, and that any illustrations, stimages or photographs displayed on SwapTreasures.com are solely for the guidance of Users and are not to be relied upon.
SwapTreasures accepts no liability whatsoever for the misuse of your login code and password. Users must protect their login codes and passwords.
9. FEEDBACK AND USER RATINGS
Because verification of the accuracy of the information Users provide us, during registration and when posting items, is difficult online, SwapTreasures cannot and does not confirm each User’s purported identity. For this reason, we have established a feedback system to help you evaluate Users with whom you are swapping. Users agree to return to SwapTreasures.com after completion of a transaction in order to rate the User with whom the transaction took place, based in part on the accuracy of the quality assessment of the item. Users may not take any actions that may undermine the integrity of the feedback system. We may limit the number of items and postings you may place on SwapTreasures.com based on your net feedback rating. At our sole discretion, if you earn a poor net feedback rating, your membership may be suspended, and you may be unable to post items or participate in swaps.
10. RESPONSIBILITY
SwapTreasures.com and JJB Technology, Inc. are not responsible for any trades, swaps, agreements, or anything else that may occur between members of this site. You, as a member of this site, are responsible for ALL of your actions, not SwapTreasures.com. SwapTreasures.com and JJB Technology, Inc are not liable for any actions that occur on or off this site.
11. AMENDMENTS
SwapTreasures may amend this Agreement, including the documents incorporated herein by reference, at any time by posting the amended terms on the Site. All amended terms shall automatically be effective immediately upon posting. This Agreement may not
be otherwise amended except in writing signed by you and SwapTreasures.
BY CHECKING THE "TERMS AND CONDITIONS" BOX, MEMBER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.