1. ACCEPTANCE OF TERMS AND CONDITIONS
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;
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 is not liable and not responsible for any trades that transpire from this site. All members are solely responsible for securing the trade and ensuring that all items are delivered and received within the agreed time.
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.
In no event will SwapTreasures or its directors, officers or employees be liable for lost profits or any special, incidental, consequential, or exemplary damages arising out of or in connection with your use of the Site or this User Agreement (whether or not arising from active, passive or imputed negligence). You agree that neither SwapTreasures or its directors, officers and employees are responsible or have any liability to you or third parties for defamatory or libelous, offensive or obscene inaccurate, or threatening or harassing conduct by another party, or for the infringement by another party of your rights to privacy or publicity or to real or intellectual property. Your exclusive remedy against SwapTreasures or its directors, officers and employees for any dissatisfaction with our services, your trading experience, or the terms and conditions of this User Agreement is your discontinuation of your use of the Site.
9. EMAIL PREFERENCES
Upon completion of your registration with SwapTreasures.com, below are the email settings that will be set on your account. All of these are set to Yes (enabled) by default. If you wish to change these, you can do this by going into your Account. By registering with us, you are agreeing with the initial email setting defaults.
10. SHIPPING OF GOODS
When a trade for goods has been Confirmed or agreed upon, the user is required to ship their item to the Shipping Address of their trading partner within 72 hours, unless otherwise agreed by their trading partner. Failure to ship an item on a timely basis can result in the suspension the user's access to the Site. SwapTreasures is not responsible for the loss or damage of an item in shipping. The timely delivery of an item in the same condition that the user ascribed to that item is the responsibility of the user who is shipping the item. If an item is returned to a user as defective, the user agrees not to post that item for trade until the defect has been corrected. If an item is not delivered, the user who was responsible for shipping the item is obligated, at their expense, to promptly return any items they received in trade for the undelivered item unless their trading partner has agreed to accept a replacement item.
11. ASSUMED RISK
You assume certain risks when and to the extent you use the Site, including the possibility that you will find the content of other users offensive, inaccurate or deceptive, and the trading practices of other users unfair or predatory. There is the risk of inadvertently trading with individuals who do not have the legal right to trade or are otherwise dealing under false pretenses. The user agrees to accept such risks and SwapTreasures is not liable for the acts or omissions of the users of the Site.
12. DISCLAIMER OF WARRANTIES
Your use of the Site and its content is at your sole risk. The user agrees that obtaining any information or materials, or goods, services, or the use of real estate, whether temporary or permanent, through the Site is done at the user's discretion and at the user's own risk and that the user will be responsible for any and all damages that may result from any transaction.
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.