SwapBabyGoods.com
Terms & Conditions / User Agreement
THE FOLLOWING
DESCRIBES THE TERMS ON WHICH SWAPBABYGOODS.COM OFFERS YOU ACCESS
TO OUR SERVICES.
Welcome to the user
agreement (the "Agreement" or "User Agreement") for
Swapbabygoods.com. This Agreement describes the terms and
conditions applicable to your use of our services available
under the domain and sub domains of swapbabygoods.com. If you do
not agree to be bound by the terms and conditions of this
Agreement, do not use or access our services. If you reside
outside of the United States then membership to our site is not
currently available.
You must read, agree
with and accept all of the terms and conditions contained in
this User Agreement and the Privacy Policy, which include those
terms and conditions expressly set out below and those
incorporated by reference, before you may become a member of swapbabygoods.com. We strongly recommend that, as you read this
User Agreement, you also access and read the information
contained in the other pages referred to in this document, as
they may contain further terms and conditions that apply to you
as a swapbabygoods.com user.
We may amend this
Agreement at any time by posting the amended terms on the Site.
Except as stated below, all amended terms shall automatically be
effective 30 days after they are initially posted on the Site.
You should review these terms and conditions periodically to
become familiar with any amendments. Your continued use of the
Site after the effective date of an amendment shall constitute
your acceptance of such amendment. This Agreement is effective
upon acceptance in registration for new registering users.
1. Membership
Eligibility.
Our services are
available only to, and may only be used by individuals who can
form legally binding contracts under applicable law. Without
limiting the foregoing, our services are not available to
children (persons under the age of 18) or to temporarily or
indefinitely suspended swapbabygoods.com members. If you are
under the age of 18, you can use this service only in
conjunction with, and under the supervision of your parents or
guardians. If you do not qualify, please do not use our site.
Further, your swapbabygoods.com account and User ID may not be
transferred or sold to another party. If you are registering as
a business entity, you represent that you have the authority to
bind the entity to this Agreement.
We reserve the right (a) to suspend
or terminate
any Member's access to the
swapbabygoods.com, or parts of it, and/or (b) to edit, or
require the Member to edit, material posted on the
swapbabygoods.com, if the relevant member or material appears to
us to be in breach of any provision of this Agreement. Any
person whose access has been suspended or terminated must not
re-register for, or re-access swapbabygoods.com, without our
prior consent. You are responsible for everything which is done
on or through the swapbabygoods.com while your membership
account is logged on to the swapbabygoods.com, or through your
email address(es).
2. Fees and
Services.
Joining and browsing
the website is free of cost. We offer two types of accounts;
Basic and Premier. With a Basic account a member cannot have more than
10 baby item listings, 5 kids item listings, 5 mommy item listings and
5 wanted
listings at any given time. A Premier account member can have up
to 30 baby item listings, 10 kids item listings, 10 mommy item listings and 10 wanted
listings at any given time. We may
change our Fees and Credits Policy for our services from time to
time. Our changes to the policy are effective after we provide
you with at least fourteen (14) days' notice of the changes by
posting the changes on the website. However, we may choose to
temporarily change our Fees and Credits Policy for our services
for promotional events (for example, free listing days) and such
changes are effective when we post the temporary promotional
event on the site. We may in our sole discretion change some or
all of our services at any time. In the event we introduce a new
service, the fees for that service are effective at the launch
of the service. Unless otherwise stated, all fees are quoted in
U.S. Dollars. You are responsible for paying all fees associated
with using our service and the website and all applicable taxes.
3. Swapbabygoods.com
is a Venue.
Swapbabygoods.com is
an online marketplace connecting consumers looking to buy, sell
or swap baby related items. All the items listed on our site
must be transferable. We operate on a fixed price format and
allow our sellers to set the price of their item. We are not
involved in the actual transaction between buyers, sellers and
swappers and shall have no liability or responsibility for any
transaction. As a result, we have no control over the quality of
the items advertised, the truth or accuracy of the listings or
the ability of sellers to sell items. We cannot ensure or
guarantee that a seller will actually complete a transaction.
Consequently, we do not transfer legal ownership of items from
the seller to the buyer or swapper.
We use many
techniques to verify the accuracy of the information our users
provide us when they register on the site. However, user
verification on the Internet is difficult, we cannot and do not
confirm each user's purported identity. We also encourage you to
communicate directly with potential trading partners through the
tools available on the site.
Because we are a
venue, in the event that you have a dispute with one or more
users, you release swapbabygoods.com (and our officers,
directors, agents, subsidiaries, joint ventures and employees)
from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes. If you are a California
resident, you waive California Civil Code §1542, which says: "A
general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have
materially affected his settlement with the debtor." Other
states may require similar waivers and you hereby waive the
same.
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 pretense. By using
this site, you agree to accept such risks and SwapBabyGoods.com is not responsible for the acts or omissions of users on
the site.
4. Listing and
Selling.
4.1 Listing
Description. You must be legally able to sell the item(s) you
list for sale on the site. You must describe your item and all
terms of sale on the listing page of the site. Your listings may
only include text descriptions, graphics, pictures and other
content relevant to the sale of that item. All listed items must
be listed in an appropriate category.
4.2 You are
obligated as the Seller or Swapper to complete the transaction
with the Buyer or Swapper, unless there is an exceptional
circumstance i.e., the buyer/swapper fails to meet the terms of
your listing (payment method), or you cannot authenticate the
buyer's/swapper’s identity.
4.3 Fraud. Without
limiting any other remedies, swapbabygoods.com may suspend or
terminate your account if we in our sole discretion suspect that
you (by conviction, settlement, insurance or escrow
investigation, or otherwise) have engaged in fraudulent activity
in connection with the site or any other practices that are
offensive, harmful, inaccurate or deceptive.
4.4 We work to
ensure that listed items do not infringe upon the copyright,
trademark or other rights of third parties. Any such items will
be removed.
4.5 Manipulation.
Buyers and Sellers cannot manipulate the price of any item or
interfere with user's listings or transactions in any way.
5. Accepting the
Seller's/Swapper’s offer/Buying.
As a Buyer/Swapper
you are obligated to complete the transaction with the
Seller/Swapper. If you buy an item for cash as listed by the
seller/swapper at the price specified by the seller/swapper or
have agreed to swap for another item unless law prohibits the
transaction. By buying, selling or swapping you agree to be
bound by the conditions of the transaction included in the
item's description so long as those conditions of deal are not
in violation of this agreement or deemed unlawful.
6. Your
Information.
6.1 Definition.
"Your Information" is defined as any information you provide to
us or other users in the registration and listing process 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.
6.2 Restricted
Activities. 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, (g) contain any
viruses, Trojan horses, worms, time bombs, cancelbots 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) are
concurrently listed for sale on a web site other than
swapbabygoods.com (this does not prevent linking to or
advertising swapbabygood’s item from another web site); or (cc)
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, by paying to us the
listing fee, could cause us to violate any applicable law,
statute, ordinance or regulation, or that violates our current
Prohibited, Questionable and Infringing Items. This site is
solely and exclusively for listing baby related items, we have
the right to remove any listing without any notice which we
think is inappropriate or irrelevant. Examples of prohibited
items are any recalled products, expired or damaged items, any
medicines, any item which could cause danger in any way to
anyone, non-transferable items etc. You should also describe the
condition of your item accurately. Any used clothing should be
washed according to the instructions before swapping or selling.
Please contact us for the
complete list of prohibited items or if you are not sure about a
certain item or for any other questions.
6.3 License. Solely
to enable SwapBabyGoods.com 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, sub licensable
(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. Swapbabygoods.com will only
use Your Information in accordance with our
Privacy Policy.
7. Access and
Interference.
The site contains
robot exclusion headers. Much of the information on the site is
updated on a real time basis and is proprietary or is licensed
to SwapBabyGoods.com by our users or third parties. 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 the
prior expressed written permission of swapbabygoods.com and 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.
8. Breach.
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; or (c)
we believe that your actions may cause financial loss or legal
liability for you, our users or us.
9. Privacy.
We do not sell
or rent your personal information to third parties for their
marketing purposes without your explicit consent and we only use
your information as described in the
Privacy Policy. We view
protection of users' privacy as a very important community
principle. We understand clearly that you and your information
is one of our most important assets. We store and process your
information on computers located in the United States that are
protected by physical as well as technological security devices.
We may use third parties to verify and certify our privacy
principles. If you object to your Information being transferred
or used in this way please do not use our services.
10. No Warranty.
We, our
subsidiaries, officers, directors, employees and our suppliers
provide our web site and services "as is" and without any
warranty or condition, express, implied or statutory. We, our
subsidiaries, officers, directors and our employees specifically
disclaim any implied warranties of title, merchantability,
fitness for a particular purpose and non-infringement.
The site and the
services are provided on an "as is" basis. Customer's use of and
reliance thereon are at customer's own and sole risk.
Swapbabygoods.com makes no other representations or warranties
of any kind, express or implied, including without limitation:
-
The implied
warranties of merchantability, fitness for a particular
purpose, title, and non-infringement;
-
That the site or
the services will meet your requirements, will always be
available, accessible, uninterrupted, timely, secure or
operate without error;
-
Any implied
warranty arising from course of dealing or usage of trade;
and
-
Any obligation,
liability, right, claim or remedy in tort, whether or not
arising from the negligence of swapbabygoods.com.
11. Liability
Limit. In no event shall we, our subsidiaries, officers,
directors, or employees 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). In any case
SwapBabyGoods.com, our subsidiaries, officers, directors, or
employees will not be held liable for any bad trade between the
two parties.
12. Indemnity.
You agree
to indemnify and hold us and (as applicable) our subsidiaries,
affiliates, officers, directors, agents, and employees, 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 the documents it incorporates by reference, or
your violation of any law or the rights of a third party.
13. Legal
Compliance.
You shall comply
with all applicable domestic laws, statutes, ordinances and
regulations regarding your use of our service and your listing,
purchase, swap, solicitation of offers to purchase/swap, and
sale of items.
14. No Agency.
You and SwapBabyGoods.com are independent contractors, and
no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by
this Agreement.
15. Arbitration.
You agree that any controversy or claim arising out of or
relating to this agreement or our services shall be settled by
binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall
be conducted in Kansas City, Missouri, and judgment on the
arbitration award may be entered into any court having
jurisdiction thereof. Either you or SwapBabyGoods.com may seek
any interim or preliminary relief from a court of competent
jurisdiction in Kansas City, Missouri, if necessary to protect
the rights or property of you or SwapBabyGoods.com pending
the completion of arbitration and you hereby irrevocably and
unconditionally consent and submit to the exclusive jurisdiction
of such courts over any suit, action or proceeding arising out
of these terms and conditions.
16. Additional
Terms.
The following policies are incorporated into this Agreement by
reference and provide additional terms and conditions related to
specific services offered on the
Privacy Policy, Help and
Community. Each of
these policies may be changed from time to time and are
effective immediately after we post the changes on the site. In
addition, when using particular services on the site, you agree
that you are subject to any posted policies or rules applicable
to services you use through the site, which may be posted from
time to time. All such posted policies or rules are hereby
incorporated by reference into this Agreement.
17. Disclosures.
The
services hereunder are offered by SwapBaby Goods.com. Disputes between
you and swapbabygoods.com regarding our services may be reported
to
CustomerService@swapbabygoods.com. We encourage you to
report all user-to-user disputes to your local law enforcement,
postmaster general, or a certified mediation or arbitration
entity.
Discussion Forum Rules / Terms of use
While the administrators or moderators of SwapBabyGoods.com
forums will attempt to remove or edit any generally
objectionable material as quickly as possible, it is impossible
to review every message. Therefore you acknowledge that all
posts made to these forums express the views and opinions of the
author and not the administrators, moderators or webmaster
(except for posts by these people) and hence will not be held
liable.
We have a zero tolerance policy for spammers. No advertisements,
no soliciting, no spam please! You will be permanently banned
without any notice. Please note that SwapBabyGoods.com forums
are not open to vendors/merchants or any of their
partners/affiliates to post or promote any commercial business.
Please contact us if you like to advertise on the website.
Our forums are for discussion only; please do not post any item
for sale/swap here. All such posts will be deleted. All the
messages will be permanently deleted after 90 days.
You agree not to post any abusive, obscene, vulgar, slanderous,
hateful, threatening, sexually-oriented or any other material
that may violate any applicable laws. Doing so may lead to you
being immediately and permanently banned (and your service
provider being informed). The IP address of all posts is
recorded to aid in enforcing these conditions. You agree that
the webmaster, administrator and moderators of this forum have
the right to remove, edit, move or close any topic at any time
should they see fit. As a user you agree to any information you
have entered above being stored in a database. While this
information will not be disclosed to any third party without
your consent the webmaster, administrator and moderators cannot
be held responsible for any hacking attempt that may lead to the
data being compromised.
By registering you
agree to our Terms of Service & Privacy Policy, and that
you are at least 18 years of age.
