PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE ("Agreement"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use in this Agreement apply exclusively to your access to, and use of, the Website of Swapdeal ("Company"), owner of www.swapdeal.ie ("Site") and the information and other services provided therein ("Services"). The SwapDeal.ie is a Social Marketplace in Ireland to Exchange and Give Away products. Posting ads in every available city and in every available category can be done for FREE. If you ("User") are using the Site on behalf of any entity, the User represents and warrants that the User is authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify the User and Company for violations of this Agreement.
If the User has any question regarding the use of the Site, the User should refer first to this Agreement. All other questions or comments about the Site or its contents should be directed to us via the contact page.
1. Nature of the Site: Only a Venue
The Site is an Internet forum that facilitates communications between User and other users of the Site (the term "other users of the Site" consists of Users of the Site who, themselves, are also subject to this Agreement as Users) for the purpose of exchanging information. The Site is intended to assist the User in identifying other users of the Site who are interested in sending or obtaining Post Data (as defined herein). The Site acts as an online venue. The Company does not guarantee that the User will obtain any benefit through the Site. The Company cannot ensure that the User will actually complete a transaction.
The Company takes no position and offers no opinion on when or if a contractual agreement or other relationship is formed between the User and other users of the Site or other parties or when delivery occurs. In order to provide an optimal forum for the User, the Company does not involve itself in the agreements between the User and other users of the Site or the actual delivery or provision or delivery of goods or services of the User or other users of the Site, third parties, or any other person or entity. Therefore, the Company cannot ensure the completion of any agreement, representation, warranty, or the integrity of any party. The Company will not be a party to any fee or referral fee dispute or other related legal matter or claim asserted by or amongst the User or other users of the Site. If the User has a dispute with one or more other users of the Site, the User release the Company from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement or by the use of the Site.
2. User Guidelines
Given the nature of the Site, it is important that the User follow the rules of the Site. Some of these rules are described in this Agreement. The rest are described in bulletins or notices posted at various points in the Site.
The User may not engage in any of the following activities on the Site:
- misrepresent Registration Data (as defined herein), Post Data (as defined herein), or other information
- do or say anything to injure or harm others
- display material containing nudity or pornographic material of any kind
- provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity
- promote or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual
- defame any person or group
- display material that exploits children under 18 years of age
- violate the rights of another, including but not limited to the intellectual property rights of another. This includes using the Site for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation)
- violate Internet standards
- use the Site for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material or invading other's privacy
- interfere with or disrupting the Site or servers or networks connected to the Site by posting unauthorized advertisements or links to competing services, transmitting "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail
- encourage any illegal activity, including anything to do with illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes
- compromise the security of any Service the Company provides, including attempting or gaining access to system areas private to the Company, or to other users of the Site
- harvest or otherwise collect information about other users of the Site, including e-mail addresses, without their consent
- use any robot, spider, scraper or other automated means to access the Site for any purpose without the Company's express written permission
The Company reserves the right to deny access to the Site or terminate or cancel the User's accounts if the User (1) violates these rules or (2) receives complaints from other users of the Site, for any other reason.
The Company may deny access to the Site to or terminate or cancel the User's accounts if the User submits or posts (as defined herein) incomplete or inaccurate information on the Site. This includes failing to provide accurate and complete Registration Data (as defined herein), Post Data (as defined herein), and/or other information.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of to denying access to the Site or terminating or canceling User's accounts, in appropriate circumstances and at Company's sole discretion, if the User is deemed to be a repeat infringer. Company may also at its sole discretion deny access to the Site or terminate or cancel the User's accounts if the User infringes any intellectual property rights of the Company or others, whether or not there is any repeat infringement, or when the User violates any other term of this Agreement.
The Company may deny access to the Site or to terminate or cancel the user's accounts if the Company receives notice that the User is contacting other users of the Site for impermissible purposes, either on or off of the Site.The Company reserves the right to deny access to the Site to or to terminate or cancel the User's accounts if the User has not accessed the Site or the User's account has been inactive for a long time, as determined by the Company, or if the User has an outstanding balance owed to the Company.
Any denial of access to the Site or termination or cancelation of the User's accounts will result in the forfeiture of the User's Site Credits (as defined herein) to the Company.
3. User Communications
The Site provides a means for the User and other users of the Site to ask each other questions related to the Post Data (as defined herein). The User may only use this feature to ask genuine non-offensive questions and to provide similar responses.
The User shall in good faith attempt to respond in a timely fashion to all reasonable queries from the Company and other users of the Site about Post Data (as defined herein) that the User posts (as defined herein) to the Site. Queries are prominently displayed on the Site to the User once the user logs into the Site. The Company may also forward queries to the User's outside or private e-mail account(s).
By using the Site, the User consents to receive e-mails from the Company, which may include commercial e-mails provided such e-mails are in accordance with the preferences the User selects in the My Account section of the Site. The User may change such preferences by changing the User's account settings on the e-mail and notifications page of the My Account section of the Site. Please note that as long as the User maintains an account, the User may not "opt out" of receiving Service or account-related e-mails from the Company.
4. Posting Information; Confidentiality
The User may post or list ("post," and as an act to "post, "posting," or "posted" etc.) information on the Site about potential cases, sales, clients, etc. or any other information posted to the Site (collectively and individually, "Post Data") that that the User would like to share with other users of the Site, so long as (1) the User is authorized to post such Post Data; (2) the User, the Post Data, and the act of posting the information does not violate this Agreement or other law; and (3) the Post Data is of a nature requested by and appropriate for the Site.
Joining the Site and posting swap offers to the Site is free.
6. Post Data and Information
The Company cannot monitor, approve, or verify the accuracy or appropriateness of data on the Site; therefore, the Company allows the User and other users of the Site to flag inappropriate data on the Site.
The Company encourages the User and other users of the Site to report problems, offensive content, and policy violations to us. Many of the pages on the Site contain a link for the User to flag content.
The Company has no obligation to mediate or otherwise reconcile differences between the User and other users of the Site.
While the Company encourages open and unrestricted use of the network, the Company will not tolerate offensive conduct. The use of disparaging and defamatory comments does not serve the purpose of the Site and may result in legal liability to the User. The Company reserves the right to deny access to the Site and terminate or cancel the User's accounts if the User posts feedback that is defamatory, hostile, vulgar, or otherwise distasteful or inappropriate.
The Company is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.
7. Disclaimer of Information Obtained
The Company provides the User and other users of the Site with a forum that functions as an open market. The Company is not responsible for the content of materials posted on the Site. The opinions and views expressed are those of the User and other users of the Site and do not reflect those of the Company. Post Data or other information submitted by the User and other users of the Site is not verified or reviewed in any way before it appears on the Site. The Company does not warrant the validity or accuracy of any such information. The Company urges the User and other users of the site to please use caution and common sense when using the Site.
The Company does not review the membership, standing, or otherwise of the User or other users of the Site with any regulatory, licensing, or similar authority. The User agrees not to access the Site if it lacks the proper licensures or are suspended and/or disbarred or otherwise restricted or prohibited from providing the goods or services identified in the Data. If such access is brought to the attention of the Company, the Company may report said users conduct to the appropriate licensing agency or other proper authority and may restrict the User's access to the Site and/or cancel or terminate the User's account.
8. Copyright Complaints
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Swapdeal.ie content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).
If you believe that you or someone else’s copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us immediately.
The User agrees that the Company is not responsible for any harm that the Site or Services may cause. The User agrees to indemnify, defend, and hold the Company harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Site. The User agrees that this defense and indemnity shall also apply to any breach by the User of this or any related Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. The User also agrees that this defense and indemnity shall apply to the Company, its affiliates, directors, officers and employees. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the user shall not in any event settle any matter without the written consent of the Company.
10. Additional Company Rights
The Company reserves the following rights:
- to remove Post Data from the Site.
- to deny Service to offenders of this Agreement.
- to deny access to the Site or terminate or cancel User's accounts for anyone or any User for any reason or no reason
The Company reserves the right to modify or discontinue, temporarily or permanently, the Site with or without notice to the User. The User agrees that Site shall not be liable to the User or any third party for any modification or discontinuance of the Site. The User acknowledges and agrees that any termination of the Site under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that the Company may immediately delete data and files in the User's account and bar any further access to such files or the Site.
The Company owns certain things on this system, including the 'look and feel' of the system, the name of the system, the collective work copyright in sequences of public messages on the system, and the business method. The User cannot reproduce any message thread from the system, either electronically or in print, without the Company's permission and the permission of all participants in the thread. This is not a complete list - other things on the system are also the Company's property. Contact the Company before copying anything from the system with plans of reproducing it or distributing it.
The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design, or other material contained in the Site or information presented through the Site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by the Company or its Sponsors, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The User acknowledges and agrees that Company can display the User's images and text throughout the Site.
11. Disclaimer of Warranties and Limitation of Liability
A great danger for the Company, and for all operators of online networks, is that we might be held accountable for the wrongful actions of our users. If one user libels another user, the injured user might blame us, even though the first user was really at fault. If a user uploads a program with a computer virus, and the other users' computers are damaged, we might be blamed even though a user left the virus on our Site. If a user transmits illegal or improper information to another user, we might be blamed even though we did nothing more than unknowingly carry the message from one user to another. Accordingly, we need all users to accept responsibility for their own acts, and to accept that an act by another user that damages them must not be blamed on us, but only on the other user.
Although it is the Company's goal to provide users with a reliable, quality system, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating any computer based website. We would not be able to make this network available to users if we had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind. In order to continue offering and improving our service, the Company must deny any warranties on this service and insure that our liability for any problems connected with the use of our system is strictly limited.
These needs are accomplished by the following disclaimers:
Disclaimer of Warranties
THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE OR NETWORK WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
THE USER AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
If the Company is found to be liable, the Company's liability to the User or to any third party is limited to the greater of (a) the total fees the User or third party, as the case may be, paid to the Company in the three (3) month period prior to the action giving rise to the liability, and (b) $100.00 U.S.
13. Registration Data; Account Security
In consideration of the User's use of the Site, the User agrees to provide accurate, current and complete information about the User as may be prompted by any registration forms on the Site ("Registration Data"); maintain the security of the User's password and identification; maintain and promptly update the User's Registration Data, and any other information the User provides to the Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information the User provides to Company. In addition, the User agrees not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than themselves. Use of the Site is an express admission that the User is the party identified in the Registration Data.
14. Miscellaneous Terms
The User can reach or access the Site from all fifty states, U.S. territories and possessions, and around the world. Each of these places has a different set of laws. Since the Company cannot keep track of all these laws and their requirements, the Agreement and the relationship between the User and the Company shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions.
If the Company fails to exercise or enforce any right or provision of this Agreement or other incorporated agreements, that failure shall not be used to prove or be construed that the Company has waived the right or provision. If any provision of this Agreement or other incorporated agreements is found by a court of competent jurisdiction to be invalid, the User nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services or the Agreement or incorporated agreements must be filed by the User or third party within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.