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Swampum: Terms of Use

Swampum™ LLC & swampum.com Terms of Use (updated July 17, 2014)



The Swampum.com web site (the "Site") is an online information service provided by Swampum™ LLC ("Swampum™"), subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. SWAMPUM™ MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, licenses and idea submissions

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Swampum™, its affiliates or other third-party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Swampum™ a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, read, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public or private areas of the Site (such as listings, comments, messages, feedback, bulletin boards, forums and newsgroups) or by e-mail to Swampum™ by all means and in any media now known or hereafter developed. You also grant to Swampum™ the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Swampum™ for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Swampum™.


TRADEMARKS

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Swampum™. Other product and company names mentioned in the Site may be the trademarks of their respective owners.


2. Use of the site

By joining this Site, you become a member of a community for sharing goods and services. Each member lists items he or she is willing to give, lend, receive or borrow in exchange for a specified number of points. Upon signup, you may receive a certain number of non-transferable bonus points to use in the site. You may also earn points by transacting with other users or as compensation for shipping costs paid to send items to other users.



YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. SWAMPUM™ PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND SWAMPUM™ SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. SWAMPUM™ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.


YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. SWAMPUM™ HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.


LIMITATION OF LIABILITY

IN NO EVENT WILL SWAMPUM™ BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF SWAMPUM™ OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SWAMPUM™ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


Swampum™ makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Swampum™ web site, please understand that it is independent from Swampum™, and that Swampum™ has no control over the content on that web site. In addition, a link to a Swampum™ web site from a third-party non-Swampum™ web site does not mean that Swampum™ endorses or accepts any responsibility for the content, or the use, of such third-party web site.


3. Membership eligibility

This Site may be used only by persons 18 years of age or older. Swampum™ makes no representations whatsoever regarding the suitability of any items exchanged through this Site.


One account per person

No individual is permitted to have more than one single account at any time.


Registration in own name

Accounts may be registered only by the individual seeking membership. Registration of accounts in a name, fictitious or real, other than the registrant's name is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. Swampum™ prosecutes and will prosecute fraud to the fullest extent of the law.


Transferability

Your account and points are not transferable outside of legitimate transactions on Swampum™.


4. Exchanged material

By using this Site, you agree to participate in the cash-free exchange of personal property and/or services.


Posting items

By listing or posting items to give away or lend, you acknowledge that you have the unrestricted right to transfer ownership of the item(s). The posting or listing of items without the intention of giving them away or lending them when requested is expressly prohibited and may constitute wire or mail fraud in violation of U.S. and state law.


Intellectual property

You agree that all items posted and shipped are legal and do not infringe any intellectual property rights, including but not limited to copyrights, trademarks, and patents.


Sexually explicit, pornographic, or obscene material

You agree not to post or ship any items of a sexually explicit, pornographic or obscene nature. You also agree not to include images or language in your postings of a sexually explicit, pornographic or obscene nature.


Items in violation of law

You further agree that you will not post or ship any items in violation of the laws or regulations of any state, city, county, parish, township, municipality, federal agency, or other governmental entity under whose jurisdiction you or your transaction partner fall.


No site review

You understand that Swampum™ cannot review items posted to the Site. You agree to assume full responsibility for any items posted to your account and transacted by you. You agree to indemnify and hold Swampum™ harmless for any violations of law or regulation that arise in connection with the posting to your account of items resulting in civil or criminal liability.


Ownership transfer

By giving away or shipping a requested item, you are transferring all ownership rights that you may have in such item and forever waive any claims thereto. Items given away through this service become the sole property of the recipient with no obligation to re-list the item.


5. Shipping and pickups

You agree to respond to all valid requests to ship or pickup items from accepted transactions in a timely manner. Failure to arrange promptly for shipping or pickup of items may result in a forfeiture of points and closure of your account. You agree to negotiate shipping expenses (including exchange of points for shipping costs) and procedures with your transaction partner. You also agree that Swampum™ is not responsible for any lost shipping expenses or the value of lost items (shipped or otherwise) and cannot refund or help recover shipping expenses or item value for any reason, including lost or stolen items, damaged items or non-shipment.


Lost or damaged items

Swampum™ is not responsible for any item that is shipped by a member and is lost or damaged in the shipping process. Transaction partners are solely responsible for resolving issues related to the loss or damage of shipped items. Partners should agree in advance of shipment which partner or partners take responsibility in the event of a lost or damaged shipment.
Members making inappropriate reports of damaged or lost items may be subject to point forfeiture and/or account suspension or closure, in the sole discretion of Site.


6. Point accounts

Swampum™ points have no cash value and are not redeemable for monetary value from Swampum™. Points are bartering tools to enable the efficient exchange of goods and service between users.
You agree that any attempted use of points in violation of these Terms of Service is null and void. Swampum™ may revoke the points at any time without notice, refund or compensation in the event that: (i) the point program is suspended or terminated; (ii) Swampum™ determines that the account holder has committed fraud or other illegal conduct; (iii) Swampum™ imposes an expiration date on usage of points in compliance with applicable laws and regulations; (iv) the holder's account is terminated for violation of these terms of service; or (v) the holder ceases to maintain an active account or terminates this agreement.
You acknowledge that points are not real currency or any type of financial instrument and are not redeemable for any sum of money from Swampum™ or its Users at any time. You agree that Swampum™ has the right to manage, regulate, control, and/or modify the rights underlying such points as it sees fit and that Swampum™ will have no liability to you based on its exercise of this right. Swampum™ makes no guarantee as to the nature, quality or value of the features of the Site that will be accessible through the use of points, or the availability or supply of points.


Inactive accounts

An account may be deemed "inactive" when no items have been listed or bids placed within any 1-year period. Inactive accounts may be closed and any accumulated points forfeited without compensation to the account holder.


7. Indemnification

You agree to indemnify, defend and hold harmless Swampum™, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing the service through your account.


8. Third-party rights

The provisions of paragraphs 2 (Use of the service), and 7 (Indemnification) are for the benefit of Swampum™ and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.


9. Term; termination

This agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, licenses and idea submissions), 2 (Use of the service), 7 (Indemnification), 8 (Third-party rights) and 10 (Miscellaneous) shall survive any termination of this Agreement.


10. Advertising and affiliate programs

Swampum™ LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.


11. Miscellaneous

This agreement shall all be governed and construed in accordance with the laws of the State of Illinois in the United States of America applicable to agreements made and to be performed in the United States of America. You agree that any legal action or proceeding between Swampum™ and you for any purpose concerning this agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the County of Cook in the State of Illinois. Any cause of action or claim you may have with respect to the service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Swampum™'s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. Swampum™ may assign its rights and duties under this agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.


Your acceptance of these terms

By using this Site, you signify your acceptance of this terms of use agreement. If you do not agree to this agreement, please do not use our Site. Your continued use of the Site following the posting of changes to this agreement will be deemed your acceptance of those changes.


Contacting us

If you have any questions about this terms of use agreement, the practices of this site, or your dealings with this site, please contact us at:

Swampum™ LLC
www.swampum.com
support@swampum.com

This document was last updated on 17 July 2014

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