Effective Date: March 1, 2009
THE FOLLOWING DESCRIBES THE TERMS ON WHICH WE OFFER YOU ACCESS TO OUR SERVICES. BY USING OUR SERVICES AND/OR REGISTERING ON OUR SITE, YOU ARE ACCEPTING THE TERMS OF THIS USER AGREEMENT.
PLEASE NOTE: If it is not appropriate for a five year old or your grandmother it does not belong on this site. Thank you for your cooperation.
As used in these Terms and Conditions,
“You” and “your” refer to users of the Site.
“We,” “us” and “our” refer to Community Swap Shop, Inc., a North Carolina Corporation.
The “Site” refers to the www.communityswapshop.com website.
The “Agreement,” the “User Agreement” or the “Terms and Conditions” refer to these Terms and Conditions.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement before using the Website.
Revisions to these Terms and Conditions
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall be effective immediately after they are initially posted on the Site. This Agreement is effective upon acceptance in registration for new registering users, and subsequent updates are applicable to all users.
Responsibility for Site Content and Transactions
We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false
. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and
not responsible for the acts or omissions of users on the Site.
WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE ACTIONS OF OUR USERS. BY USING THE SITE, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR VERIFYING THE STATUS OR EXISTENCE OF OUR USERS, FOR ANY TRANSACTION YOU ENTER INTO ON THE SITE.
DMCA & Copyright Violations
If you believe that a user has posted material to the Site which infringes your copyright, you may send us a “DMCA Takedown request” under Section 512(c)(3) of the Copyright Act of 1976, as amended. Notices should be sent to:
Community Swap Shop, Inc.
Attn: General Manager, DMCA Agent
P.O. Box 15558
Wilmington, NC 28408
Or may be emailed to us at : DMCA@communityswapshop.com
We encourage you to communicate directly with potential trading partners. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the Site.
Denial of Service
the right to deny services to any person or entity. We reserve the right to invalidate, delete, and remove accounts and items at any time
for any reason or for no reason at all.
"Your Information" is any information you provide to us or other users in the registration, listing or transaction process, in any public area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
You agree that Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
The following types of content are prohibited on the Site: Any offers to sell or purchase pets or guns; any offer to sell or purchase material which is pornographic or which may not be legally viewed by or sold to persons under the age of 18; any offers of, or solicitation for, prostitution or escort services.
Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without our prior expressed written permission and that of the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us; (d) any activity we deem not to be in compliance with the intended use of the site; or (e) any reason we deem to be in the best interest of the site.
OUR WEB SITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM 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 foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
The relationship between you and us is of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Choice of Law, Resolution of Disputes
These Terms and Conditions and your activities on the Website shall be governed in accordance with the substantive law of the State of North Carolina. By using the Website, you consent to the personal jurisdiction of , and venue in, the state and federal courts located in New Hanover County, North Carolina.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors within or outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by us in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Any questions about these Terms and Conditions or about the Site generally should be directed to us at: email@example.com