Terms & Conditions
Personal Lifestyle Media Inc. ("we," "us" or "Swappernet") owns and operates the swappernet.com web site (our "Site"), on which we provide an interactive way for like minded users to explore their fantasies and to determine whether they wish to meet each other, chat with each other and/or explore relationships (our Site and such services, collectively, our "Service").
This legal agreement is made between you and us. By accessing the Service, you accept these Terms and agree to the terms, conditions and notices contained or referenced herein whether or not you become a paid subscriber. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR ACCESS THE SERVICE.
1. USER CONDUCT
In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (a) violate any applicable law or regulation, (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (c) use the information available through our Service for any unauthorized or unlawful purpose, (d) interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents, (e) use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers, (f) use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements, (g) "stalk" or harass any other user of our Service, or use the Service if you have ever been convicted of a sexual offense or currently have such charges pending against you; (h) use the service for any illegal purposes, including without limitation, prostitution and/or solicitation; (i) collect or store any information about any other user other than in the course of the permitted use of our Service, (j) use our Service for any commercial purpose whatsoever, (k) impersonate any person or entity, (l) remove any copyright, trademark or other proprietary right notices contained in the Service, (m) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service, or (n) assist any third party in doing any of the foregoing.
2. YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE
Your Responsibilities. You are solely responsible for your interactions with other users of our Service, including the content of the materials you post on the Service and in your messages to other users of the Service. You agree to take reasonable precautions in all interactions with other users of the Service, particularly if you decide to meet offline or in person. In addition, you agree to review Swappernet's Dating Safety Tips prior to using the Service. You should not provide your personal or financial information (for example, your credit card or bank account information) to other users of our Site. There is no substitute for acting with caution when communicating with any stranger that would like to meet you.
Our Limitations. We will not be responsible for any damage or harm resulting (i) from your use of the service, unless such damage is caused by our gross negligence, or (ii) from interactions with other users of our Service. While we do make certain efforts to screen users, you understand that we do not in any way inquire into the backgrounds of the users of the Service or attempt to verify their statements. We make no representations or warranties as to the conduct of our users or their compatibility with any current or future users. WE DO NOT PERFORM BACKGROUND CHECKS ON OUR MEMBERS. We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. Email and chat messages sent between you and other users of the Service that are not readily accessible to the general public may be reviewed by us for compliance with these Terms, but will be treated by us as private to the extent required by applicable law. Unless caused by our negligence or intentional misconduct, we shall in no event be liable for any damages whatsoever, whether direct or indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of the Service or persons you meet through the Service. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service. We cannot and do not assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with any communications you may receive from other users. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these Terms, including without limitation, removing the offending communication from the Service, terminating the violator's access to the Site and contacting and disclosing information to the relevant authorities.
User Disputes. You are solely responsible for your interactions with other users of our Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Our Service is intended for persons 18 years or older and who have otherwise attained the age of majority in the jurisdiction of their residence. We will not knowingly permit anyone who does not meet this criteria to use our Service. By using our Site and/or using the Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these Terms and abide by all of the terms and conditions set forth herein. Further, you hereby commit to inform US immediately should you become aware of a minor using the Service.
4. THE SERVICE
Users of the Service may become "Guests" or "Full Members" of the Service. Guests are allowed access to a minimal level of the Service's features and are not charged by us for the use of the features they can access. Full Members are provided with access to additional features of the Service that are not available to Guests. Full Members are not charged by us for the features that are free to Guests. Certain additional features of the Service made available to Full Members are also free of charge. Certain other features of the Service are "paid features", for which a Full Member is charged.
B. Fees and Payments
Guests of the Service are required to set up an "Ad Profile" in order to access the Service. To activate certain features of the Service, Guests may choose one of our membership packages to upgrade their membership to Full status. A member may pay via credit card, cash, check or any other method the Company may accept as payment of account, in accordance with our pricing policy for Full Memberships as posted on our website under the "Upgrade" section. All funds are quoted in the currency in which they are displayed or, where no currency is displayed, all amounts are in United States dollars. In addition to paying the published price, the purchaser is responsible for paying all applicable taxes in connection with their purchase. We reserve the right to change our pricing policy or the method or manner in which we charge for our Service at any time at our sole discretion without further notice. Please see Billing Details for a description of such policies. From time to time, we may remove the inactive profiles.
General. We bill you through an online account (your "Billing Account") for use of the Service. You agree to pay us all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize us to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are also responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges.
Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. (See Section 7 "Auto-renewal", below.) By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment component and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY SWAPPERNET) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION SEE AUTORENEWAL SECTION 7 AND TO CHANGE YOUR PAYMENT METHOD GO TO “BILLING UTILITIES”.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY SWAPPERNET IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE US ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY SWAPPERNET).
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If you wish to cancel at such time, please call us at 1-877-974-4769 between the hours of 9 a.m. and 5 p.m. ET. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-renewal. Your subscription with us will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate, unless you cancel 3 days prior to the end of your subscription period. To change or cancel your subscription at any time, please call us at 1-877-974-4769 between the hours of 9 a.m. and 5 p.m. (Eastern Time). If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Please note that if your credit card is rejected and your auto-renew fails, your membership shall automatically be cancelled and you will be required to re-subscribe to the Service at the current rate.
Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that we are authorized to charge your Payment Method. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Free Trials and Other Promotions. Any free trial or other promotion that provides Full Member-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.
C. Refund Policy
The purchase of initial and recurring subscriptions are non-refundable. Accounts may not be transferred from one client of the Service to another client. No fees or charges are refundable under any circumstances.
In the event you attempt to chargeback your membership fee, or threaten to chargeback your membership fee, your access to the website will be immediately revoked and your information will be forwarded to our collection agency to get payment. This will include being billed for any and all collection fees, including, but not limited to; a $50 chargeback fee, third party collection fees, attorney's fees and any and all administration fees accrued in an effort to obtain information to collect said fees. This policy will remain in affect even if the service provided is no longer available to you due to your violation of any part of this agreement. This policy will also be enforced by any and all legal remedies necessary to insure your payment is received.
D. Privacy & Use of Information
E. Market Research
From time to time the Service may include, offer, initiate or send flirts, gifts and/or replies from individuals or programs ("Market Research") for market research and/or customer experience and/or quality control and/or compliance purposes. Market Research information is used to provide analysis, feedback, trends, patterns, social commentary and information in the aggregate and aids in the process of monitoring our system for compliance with our operating standards. Market Research will NOT be conspicuously identified as such. Market Research will NOT be conspicuously identified. We do not guarantee the authenticity of any member using our site. Any interaction or communication with Market Research is independent of, and separate from, our general database of Member's seeking personal or physical or other kinds of encounters or introductions.
F. Advice Columnists
From time to time this service may include or offer messages, articles or live talk from Advice Columnists who may opine on personal experiences or observations or respond to "lifestyle" questions. Any oral or written statements made by Advice Columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counselling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation are urged to consult with a qualified counsellor with respect to such issues.
G. Customer Service
You may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately when communicating with our customer service representatives. If we determine, in our sole discretion, that your behaviour towards any of our representatives is at any time inappropriate, we reserve the right to immediately terminate your access to our Site and you will not be entitled to any refund of unused subscription fees.
5. USER CONTENT
A. By submitting any content (including without limitation, your photograph and profile) to our Site, you represent and warrant to us that the content, including your photograph, is posted by you and that you are the exclusive author of the content, including your photograph, and use of your content by us will not infringe or violate the rights of any third party. You waive absolutely any and all moral rights to be identified as the author of the content, including your photograph and profile, and any similar rights in any jurisdiction in the world. By submitting any content (including without limitation your photograph and profile) to our Site, you automatically grant, and you represent and warrant that you have the right to grant, to us, and our licensees, affiliates and successors, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, and modify such content or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing.
B. You are solely responsible for any content that you submit, post or transmit via our Service. You agree not to post or submit any content that: (a) is libelous, defamatory or slanderous, (b may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred or physical harm of any kind against any group, (c)exploits images or the likeness of individuals under 18 years of age including in a sexual or violent manner, or solicits personal information from anyone under the age of 18, (d) encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), (e) makes use of offensive language or images or is otherwise patently offensive to the online community, (f) harasses or advocates harassment of another person, (g) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or Spam, (h) promotes an illegal or unauthorized copy of another person's copyrighted work, (i) characterizes violence as acceptable, glamorous or desirable, (j) contains any illegal material or any material that infringes or violates another party's rights (including without limitation intellectual property rights and rights of privacy and publicity), (k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses, (l) solicits passwords or personal identifying information for commercial or unlawful purposes from other users, (m) provides or promotes inaccurate, misleading or false information, (n) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes or (o) contains any identifiable personal contact information (other than for purposes of registration for the Service). If any information that you provide to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
C. You may not include in your Member profile, or send messages through SwapperNet's mail system any information or URL, direct or indirect, that:
requires, encourages or influences anyone to sign up for or join any group, list, web site or service, paid or free;
requires, encourages or influences the member to purchase any type of product or service; or
requires, encourages or influences the member to engage in any illegal activities or schemes.
D. The foregoing is a partial list of the kind of content that is illegal or prohibited on our Site. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this Section 5, including without limitation, removing the offending communication from the Service and terminating the violator's access to the Site.
E. We have no obligation to post any content that you or anyone else submits. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to monitor, delete, move, or edit messages or materials, including without limitation advertisements, profiles, public postings and messages, that we, in our sole discretion, deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
F. Picture Posting Policy. SwapperNet limits the posting of photos to only those of you, the member(s). The space provided is for your photos and is intended to show others what you look like. If people other than you, the member(s), are in the posted picture, they cannot be the main object or focus of the picture and you must have their permission to post their likeness. If they previously granted their permission, but have since changed their mind and retracted that permission, the pictures must be removed immediately.
The space provided for photos may also not be used to display banners of any type - especially those that are commercial, promotional, political, controversial, abusive or libellous in nature.
Photographs cannot have any type of personal contact information on them, including, but not limited to, phone numbers or web or email addresses on them. Nor may children or minors be depicted in any image posted to SwapperNet.
Any picture that does not conform to these Terms is subject to immediate removal without warning.
G. Multiple Accounts. Having multiple accounts will cause all of your accounts to be removed from this system and you will be blocked from using this Website again. You may also be liable for payment for those extra accounts that you had. Anyone found to have signed up a new account after an account has expired may have all accounts removed and be blocked from using this system again. Upon login to this Website your IP address will be stored in our database as well as other relevant information so you can be identified as a valid user of this system.
MULTIPLE ACCOUNT VIOLATORS (M.A.V.) NOTE: In the event you have been found to have created multiple accounts you may be held liable for each account that you have created at the maximum price of $99.95 per account.
If you have paid in the past and have created multiple accounts after your paid account has expired you grant the Swapper Network the right to charge your credit card for all accounts you have created at the webmasters discretion.
In the event you have never paid for a membership and you have multiple accounts you grant the Swapper Network the right to bill you for each account and use all methods available to identify you to levy such charges including, but not limited to, contacting your ISP or your email service provider via a court order to obtain your address and other relevant information. You also agree to make payment for each account you have been billed for.
SPECIAL (M.A.V.) NOTE: To all those people that think the internet is completely anonymous think again. We have in the past and will continue to in the future use any and all legal methods available to us to levy charges both legally and financially for violations of this rule.
6. NON-COMMERCIAL USE
Our Site is for personal use only and may not be used in connection with any commercial purposes. Organizations, companies, and/or businesses should not use the Service or our Site for any purpose. Illegal and/or unauthorized uses of the our Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to our Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of our Site is with our permission, which may be revoked at any time, for any reason, in our sole discretion.
7. THIRD PARTY CONTENT
In your use of our Service, you may access content from third parties ("Third Party Content"), either via our Service or through links to third party web sites. We do not control Third Party Content and make no representations or warranties about it. You agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with, Third Party Content, including without limitation, profiles of other users of our Service.
8. PROPRIETARY RIGHTS
A. You agree that all content and materials available on our Site are protected by either our rights, or the rights of our licensors, of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Service.
B. You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use of any of our trademarks as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at Copyright AT swappernet.com. You may, however, establish ordinary links to the homepage of our Site without our written permission.
9. USERNAME AND PASSWORD
You will select a username and password when completing the registration process. We may refuse to grant you a Username/Nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section 9.
You agree that we, in our sole discretion, may terminate your access to our Service for any reason, including, without limitation, your breach of these Terms. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service. You may terminate your access to the Service by calling us at 1-877-974-4769 Monday to Friday between the hours of 9 a.m. and 5 p.m. ET. To learn how to terminate, visit the FAQ section of our Site. You will not be entitled to any refund of unused subscription fees upon termination of your access to our Service for any reason whatsoever.
11. DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.
12. BLOCKING OF IP ADDRESSES
In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing our Site.
13. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms, (b) your use our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS, (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. 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/CHAT 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 OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OUR SITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR 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 UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. LIMITS ON LIABILITY
A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE, (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE, (E) ACTIONS OR INACTIONS OF OTHER USERS OF OUR SITE OR OUR SERVICE OR ANY OTHER THIRD PARTIES FOR ANY REASON, OR (F) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED ($100) DOLLARS.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents and employees, harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine if and how we wish to settle it.
17. COPYRIGHT POLICY
The Service contains information, which is proprietary to us, our partners and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. 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 our Site in a way that constitutes copyright infringement, please click here and send us your notice of infringement by following the instructions provided.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
19. Arbitration and Class Action Waiver
Any Dispute arising out of or relating to these Terms and Conditions may be resolved through binding arbitration in accordance with the terms of this Arbitration Provision at either your or SwapperNet's election, unless otherwise prohibited by law. The term “Dispute” means any dispute, claim or controversy regarding any aspect of your relationship with SWAPPERNET that has accrued or may hereafter accrue, whether based in contract, statute, regulation, tort (including without limitation claims arising from or pertaining to misrepresentation or negligence), and includes the validity and enforceability of this Arbitration Provision (with the exception of the enforceability of section (b) of the Restrictions clause provided below). Arbitration means that you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.
RIGHT TO OPT OUT: IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY SWAPPERNET IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVED NOTICE OF THE ARBITRATION PROVISION BY SENDING YOUR NOTIFICATION BY MAIL TO THE FOLLOWING ADDRESS: 20 EGLINTON AVE WEST, SUITE 1200, P.O. BOX 2055, TORONTO, ON CANADA M4R 1K8, TO THE ATTENTION OF THE LEGAL DEPARTMENT. YOUR WRITTEN NOTIFICATION TO SWAPPERNET MUST INCLUDE YOUR NAME AND ADDRESS AND USER ID AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH SWAPPERNET THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH SWAPPERNET AND YOUR USE OF THE SERVICE.
Initiation of Arbitration: All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. [the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.]
In the event of a conflict between this Arbitration Provision and the rules of the arbitration organization chosen, this Arbitration Provision will govern. If the arbitration organization will not enforce this Arbitration Provision, it cannot serve as the arbitration organization to resolve your dispute. If the arbitration organization above is not available or permitted to arbitrate the Dispute for any reason, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, they shall mutually petition a court of appropriate jurisdiction to appoint a substitute arbitration organization that will enforce this Arbitration Provision as written.
Arbitration Procedures: The Arbitration Act of 1991 (Ontario), as amended, replaced or re-enacted from time to time governs the arbitrability of all Disputes. In the event that the choice of the Arbitration Act of 1991 (Ontario) is not enforced, arbitrability of all Disputes shall be governed by the equivalent federal arbitration act applied in the relevant jurisdiction, such as the Federal Arbitration Act in the United States. A single arbitrator will resolve the Dispute, and the arbitrator will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitration will not be confidential unless you request that it remain confidential. An award rendered by the arbitrator may be entered in any court having jurisdiction for purposes of enforcement. If an award granted by the arbitrator exceeds $5,000, either party can appeal that award to a three-arbitrator panel administered by the same organization by a written notice of appeal filed within thirty (30) days from the date of entry of the arbitration award. The members of the three-arbitration panel will be selected according to the rules of the arbitration organization. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right that exists under the Arbitration Act.
Restrictions: a. UNLESS OTHERWISE REQUIRED BY LAW, YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENT, FACTS OR DISPUTE. b. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING DISPUTES BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OR OTHER SIMILARLY SITUATED PERSONS UNLESS THAT STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE. c. ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY DISPUTE WITH SWAPPERNET UNLESS THE STATUTE UNDER WHICH THEY ARE SUING PROVIDES OTHERWISE.
Location of Arbitration: The arbitration will take place in Toronto, Canada in English.
Payment of Arbitration Fees and Costs: SwapperNet will advance all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional costs that you incur in the arbitration, including without limitation costs associated with attorneys or expert witnesses. If the arbitration is decided in your favor, you will not be required to reimburse SwapperNet for any of the fees and costs it advanced. If the arbitration is decided in SwapperNet's favor, you shall reimburse SwapperNet only up to the extent awardable in a judicial proceeding. If a party elects to appeal an award to a three-arbitrator panel, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys’ fees and costs incurred in that appeal. Notwithstanding anything to the contrary in this arbitration provision, SwapperNet will pay all fees and costs which it is required by law to pay.
Severability: If any clause within this Arbitration Provision other than the class action waiver clause is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the Arbitration Provision will be unenforceable, and the dispute will be decided by a court.
Exclusions from Arbitration: You and SwapperNet agree that any claim filed by you or by SwapperNet that is not aggregated with the claim of any other persons and whose amount in controversy is properly within the jurisdiction of a court which is limited to adjudicating small claims shall not be subject to arbitration. Notwithstanding the foregoing, SwapperNet reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Continuation: This Arbitration Provision will survive the termination of your Service with SwapperNet.
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Personal Lifestyle Media Inc. has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. Provided such rights and obligations are assumed by such third party, Personal Lifestyle Media Inc. shall be relieved of any and all liability under this Agreement.
21. Founding Memberships. A founding membership applies only to the account for which it was paid upon and is for the lifetime of the Swapper Network web site. This is not your lifetime or ours. This means that, as long as the web site is in operation, you will have an account. If, however, you decide to voluntarily remove your account for any reason, or the account is removed as a direct result of your failure to keep your password secure or you are found to be in violation of these Terms, SwapperNet is not responsible or obligated to replace the membership or the account. The Webmaster(s) of this web site also reserves the right to remove the account and terminate the membership of any member that does not follow the rules of this web site. As a founding member, you also agree to keep your account active by visiting the web site at least once within every 180 days. Any account that is inactive for more than 180 days may be removed at the discretion of the Webmaster(s) to insure that information provided to other members is current.
You agree that: (i) the Service shall be deemed solely based in the Province of Ontario, Canada; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over SwapperNet, either specific or general, in jurisdictions other than the Province of Ontario; and (iii) The Terms, and your relationship with SwapperNet under the Terms shall be governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. These Terms shall be interpreted in accordance with the laws of the Province of Ontario without reference to conflict of law principles. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la presente entente soit redigee en anglais.
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Last Updated: April 5, 2013