Terms Of Service

: Last Updated: 20 May 2023

TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, ANY USER OF OUR SITE SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES.

The terms and conditions stated herein (collectively, the “Terms”) constitute a legal agreement between you and swapnix, inc., a Delaware corporation (the “Company”). In these Terms, “swapnix”, “Swapnix”, “we”, “us” or “our” means swapnix, inc., and/or “you” or “your” means any user of the Services (defined below).

Swapnix offers an online platform that allows (“User”) to connect with each other in order to (“swap”) (“Items”) that such Users have listed on our website (the “Services”). Our Services are accessible by using our website at https://www.swapnix.com (the “Site”). By using our Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and all Content (defined under “Ownership” below), and constitute a binding legal agreement between you and swapnix. Please also read carefully our Privacy Policy at https://swapnix.com/index.php/privacy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

In order to use the Services you must agree to the terms and conditions that are set out below. By using the Site, you hereby expressly acknowledge and agree to be bound by the Terms, and any future amendments and additions to these Terms as published from time to time at https://swapnix.com/index.php/terms-of-service.

Swapnix reserves the right to modify the terms and conditions of these Terms or any other policy relating to the Services at any time, effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.

By accessing or using the Services or clicking “accept” or “agree” to these Terms, you acknowledge that you have read, understand and agree to be bound by these Terms. THESE TERMS CONTAIN, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

Disclaimer

you understand that SWAPNIX is not an owner, PROVIDER or operator of ITEMS OF ANY TYPE (GOODS, SERVICES, REAL ESTATE OR ANY KIND OF ASSET) LISTED ON OUR Site. YOU ALSO UNDERSTAND THAT SWAPNIX DOES NOT PROVIDE ANY SERVICE SUCH AS SHIPPING, TRANSPORTATION, TRAVEL OR INSURANCE SERVICES. UNLESS EXPLICITLY SPECIFIED OTHERWISE IN THE SWAPNIX PLATFORM, OUR RESPONSIBILITIES ARE LIMITED TO FACILITATING SWAPS AMONG SWAP PARTNERS AS “HOW THE SITE AND SERVICES WORK”. YOU FURTHER UNDERSTAND AND AGREE THAT SWAPNIX IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS. SWAPNIX SOLELY OFFERS AN ONLINE PLATFORM FOR USERS TO MEET ONLINE AND ARRANGE TO SWAP ITEMS WITH EACH OTHER. OTHER USERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH YOU AND ANY AND ALL CLAIMS, INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“CLAIMS”) SUFFERED BY YOU AS A RESULT OF YOUR INTERACTION WITH ANY USER OR YOUR USE OF ANY ITEM FOUND IN THE SITE. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM SWAPNIX WITH RESPECT TO ANY AND ALL SUCH CLAIMS. SWAPNIX CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY USER ACCOUNT AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ITEM LISTED ON OUR SITE. SWAPNIS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ITEMS SWAPPED THROUGH OUR SERVICES. SWAPNIX HAS NO CONTROL OVER THE CONDUCT OF USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. ACCORDINGLY, ANY ITEM THAT IS FEATURED IN OUR SITE AND SWAPPED BETWEEN USERS WILL BE MADE AT SUCH USER’S OWN RISK.

Key Terms

“Item” means any type of goods, services, real estate or any other kind of asset that is listed by A User in his or her Listing as available for being swapped (“Swap”) with another User via the Site and Services. An Item1 can be delivered (“to deliver an Item”) by a User1 to a User2 in which case User2 is receiving (“to receive an Item”) Item1.

“Item: Owner of an Item” refers to the User who listed the Item on The Site.

“Item: to deliver an Item”: An Item1 may be delivered by a User1 to a User2 in which case User2 is receiving (“to receive an Item”) Item1. The Owner of the Item defines what delivering this Item exactly means. For Example it could be a permanent or time limited transfer of ownership or the performance of a service. In any case delivery of an Item has to be agreed upon by User1 and User2. User1 is called the “Sender of an Item” of the Item and User2 is called the “Receiver of an Item” of the Item.

“Item: to receive an Item” means to be the Receiver of a the delivery of an Item (“to deliver an Item”).

“Swap” means a User1 delivers (“to deliver an Item”) an Item1 of his or hers to a User2 and receives (“to receive an Item”) an Item3 from a User3. User2 and User3 may or may not be the same.

“Swap: to offer a Swap” means a User1 offers to deliver an Item1 to some other User in exchange for receiving an Item2 from User2. At the time of the offer some other User is not determined.

“Swap Offer” refers to a swap offer some User has made .

“Swap Set” means the worldwide patented Swapnix Algorithm has found a minimal set of Swap Offers such that for each Swap Offer “User1 offers to deliver an Item1 to some other User in exchange for receiving an Item2 from User2” there is another Swap Offer in this set such that “User3 offers to give an Item3 to some other User in exchange for receiving Item1 from User1”. Note that User2 and User3 may or may not be the same.

“Swap: Circular Swap” has the same meaning as Swap Set.

“Swap Partner” means: Given any two Swap Offers (“to offer a Swap”) in a Swap Set (“Swap Set”) such as “User1 offers to deliver an Item1 to some other User in exchange for receiving an Item2 from User2” and “User3 offers to give an Item3 to some other User in exchange for receiving Item1 from User1” then User2 and User3 are called the Swap Partner of User1.

“Swap: to approve a Swap Offer” means: If Swapnix has found a Swap Set. For each Swap Offer “User1 offers to give an Item1 to some other User in exchange for receiving an Item2 from User2” in this set Swapnix will proceed as follows. It will substitute User3 (refer to “Swap Set”) for some other User. It will ask User1 to approve the Swap Offer. If User1 approves the Swap offer then by doing so User1 acknowledges:

User1 has read and understood these Terms Of Services

User1 has reached a legally binding agreement with User2 as to what it means for User2 to deliver Item2 to User1

User1 has reached a legally binding agreement with User3 as to what it means for User1 to deliver Item1 to User3

“Swap in confirmation” refers to a Swap Offer in a Swap Set in which not all Swap Offers are approved (“to approve a Swap Offer”).

“Swap: Confirmed Swap” refers to a Swap Offer in a Swap Set in which all Swap Offers are approved (“to approve a Swap Offer”). As soon as all Swap Offers in the Swap Set are approved Swapnix will inform all Users in the Swap Set immediately. At this time all Users are legally bound to execute the agreements mentioned in (“to approve a Swap Offer”) bullets 2. and 3.

“Swap: Confirmed Swap Set” refers to a Swap Set in which all Swap Offers are approved (“to approve a Swap Offer”).

“Swap done”: If “User1 offers to give an Item1 to User3 in exchange for receiving an Item2 from User2” is a confirmed Swap (“Confirmed Swap”) and User1 has marked this Confirmed Swap as “Swap Done” then by doing so User1 acknowledges:

User2 delivered Item2 to User1

User1 delivered Item1 to User3

“Collective Content” means User Content, Swapnix Content and Third Party Content.

“Content” means text, graphics, images, music, software, audio, video, information or other materials.

“Swapnix Content” means all Content that Swapnix makes available through the Site or Services, including any Content licensed from a third party, but excluding User Content.

“Listing” means that A User has listed an Item that he or she owns or controls as being available for swapping (“to offer a Swap”) via the Site and Services with other Users.

“Third Party Content” means Content that originates from parties other than Swapnix or Users, which is made available in connection with the Services.

“User” means a person who completes Swapnix account registration process as described under “Account Registration” below.

“User Content” means all Content that A User posts, uploads, publishes, submits, transmits, or includes in their User Account to be made available through the Site or Services, including all information related to any Item listed on our Site.

Modification

Swapnix reserves the right, at its sole discretion, to modify the Site Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

Content

Users may have the opportunity to submit User Content, including feedback regarding Users’ experiences with any Item, inquiries concerning such Item, participation in the other interactive and community features of the Services, and updates to your User Account that appears on the Site. You may submit any feedback to us by emailing us at This email address is being protected from spambots. You need JavaScript enabled to view it. or through the “Contact” section of the Site.

It is important that you act responsibly when providing User Content. In providing feedback to us, please give clear, honest information about the Item and your experience, but do not use inappropriate language, or make gratuitous personal criticisms or comments. When participating in other interactive or community aspects of the Services, please include all relevant information in a concise manner to help us provide you with a helpful response.

You acknowledge and agree that all User Content will be the sole and exclusive property of Swapnix and you hereby irrevocably assign to Swapnix and agree to irrevocably assign to Swapnix all of your right, title, and interest in and to all User Content, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Swapnix’s request and expense, you will execute documents and take such further acts as Swapnix may reasonably request to assist Swapnix to acquire, perfect, and maintain its intellectual property rights and other legal protections in such User Content.

How the Site and Services Work

As stated above, Swapnix makes available an online platform or marketplace to facilitate the listing and swapping of Items directly or indirectly between Users. Swapnix does not own, manage or have a financial interest in any Item listed on the Site. Swapnix’s responsibilities are limited to creating an online marketplace and providing the Services through the Site.

Users can list Items on the Site. Users can offer Swaps on each of their listed Items (“to offer a swap”). If Swapnix, through its proprietary algorithm, has determined a Swap Set all Users involved in a Swap Offer of the Swap Set will be asked to confirm their Swap Offers (“to approve a swap offer”). If all Swap Offers in the Swap Set are confirmed all Users involved will receive and are legally bound to deliver their respective items to their respective Swap Partners (“to deliver an Item”).

If a User1 has made a Swap Offer (“to offer a Swap”) and such Swap Offer is not part of a Confirmed Swap Set then:

Such User1 can at any time reject User3 as (”Swap Partner”) while at the same time maintaining the Swap Offer (“to offer a swap”)

Such User1 can at any time withdraw from such Swap Offer (“to offer a swap”)

If a User1 has made a Swap Offer (“to offer a Swap”) and such Swap Offer is part of a Confirmed Swap Set then

Such User1 is legally bound to deliver Item1 to User3 (“to approve a Swap Offer”)

Such User1 is legally entitled to receive Item2 from User2 (“to approve a Swap Offer”)

Some of the available Services are viewable without registering with us, but to actively participate, list your Items and/or search and swap Items, you must register as a User and authorize the use and disclosure of your User Content for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.

Swapnix does not research and verify any information about any Items listed on the Site. Your relationship relating to our Site is strictly with the User with whom you are swapping an Item. We are not involved in any way with the actual substance of that relationship or the Item provided by such User and we do not validate, and are not involved in, any Item provided by any User. You are strongly advised to perform your own investigation prior to (“offer a Swap”) on an Item by directly contacting via Swapnix’s message function the owner of the Item that interests you and confirming any other information through means that are reasonably available to you.

In furtherance of (and not in any limitation of) the above, you hereby acknowledge and agree that notwithstanding the assistance that the Services provided to you in Swapping your Items with the Items of other Users, the ultimate decision (“to offer a Swap”) for any such Items remains yours and yours alone, and you hereby agree to assume any risk inherent in utilizing the Services and/or deciding to actually make use of any Item listed in our Site.

Account Registration

In order to register as A User of the Site and Services, Users must provide certain information about themselves to create an account on the Site (“User Account”). You may login to our Site by creating A User Account directly on our Site using your name and email address. User Accounts will be made publicly available via the Site and Services. Other Users will be able to Offer-A-Swap for an Item you have listed on the Site based upon the information provided in A User Account.

Users may voluntarily submit, and hereby authorize Swapnix, its employees, agents and others operating on its behalf, to use and/or disclose information about such User, including, without limitation, certain information that personally identifies Users.

As part of the Services, we reserve the right to publish any User Content in A User Account, including information about such User’s Items and any reviews submitted by any User regarding the use of such User’s Items and to remove such User Content for any reason. We are not, however, responsible for any failure or delay in removing any User Content.

We will create your User Account for your use of the Site based upon the personal information you provide to us. You may not have more than one (1) active User Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You agree to immediately notify us of any unauthorized use of your User Account.

Listings

As A User, you may create Listings. To create a Listing, you will be asked a variety of questions about the Item to be included in your Listing. Listings will be made publicly available via the Site and Services. Other Users will be able (“to offer a Swap”) for your Item via the Site and Services based upon the information provided in your Listing.

You acknowledge and agree that you alone are responsible for any and all Listings and User Content you post. Accordingly, you represent and warrant that any Listing you post and any resulting Swap (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws and rules and regulations that may apply to any Item included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Swapnix assumes no responsibility for a User’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Swapnix reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Swapnix, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Swapnix’s then-current policies, or otherwise harmful to the Site or Services.

You understand and agree that Swapnix does not act as an insurer or as your contracting agent. If a Swap occurs and a Swap Partner receives your Item and you receive an Item from a Swap Partner (“to receive an Item”), any agreement entered between you and your Swap Partners is between such parties and Swapnix is not a party to it.

When you approve a Swap Offer (“to approve a Swap Offer”) you are acknowledging that the Swap Partners meet any and all requirements you may have placed upon users who you are delivering Items to or receiving Items from, whether implicitly or explicitly stated. Once you

you approve a Swap Offer (“to approve a Swap Offer”) this Swap Offer may turn up at any time in a (“Confirmed Swap Set”) with its legal obligations unless you reject the Swap Partner or withdraw the Swap Offer before it turns up in a Confirmed Swap Set.

You agree that you alone are responsible for ensuring that your Listing is accurately represented in the images you upload. You alone are responsible for uploading any images to the Site and you warrant that you will cease to use the images if such images cease to accurately represent your Listing.

Please note that Swapnix does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Swapnix reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Swapnix will provide notice of any Listing fee collection via the Site and Services prior to implementing such a Listing fee feature.

As described in the above paragraph, Swapnix makes certain tools available to you to help you to make informed decisions about which Swap Offers to approve. You acknowledge and agree that you are responsible for your own acts and omissions.

Swapnix not a Party to any Swap

The Users, not Swapnix, are solely responsible for honoring any confirmed Swaps and making available any Item reserved through the Site and Services. If you, as a User, choose to enter into a transaction with another User for the Swap of any Item, you agree and understand that you will be required to enter into an agreement with such other User and you agree to accept any terms, conditions, rules and restrictions associated with such Item imposed by such other User. You acknowledge and agree that you, and not Swapnix, will be responsible for performing the obligations of any such agreements, that Swapnix is not a party to such agreements, and that Swapnix disclaims all liability arising from or related to any such agreements.

No Endorsement

Swapnix does not endorse any User, Listing or Property. Users are required by these Terms to provide accurate information, and although Swapnix may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or the User’s purported identity or background.

Any references in the Site or Services to a User being “verified” or “connected” (or similar language) only indicate that the User has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Swapnix about any User, including of the User’s identity and whether the User is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services and approve as a Swap Partner. We therefore recommend that you always exercise due diligence and care when deciding whether to (i) offer a Swap; (ii) approve a Swap Offer; or (iii) have any other interaction with any other User. We are not responsible for any damage or harm resulting from your interactions with other Users.

By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Swapnix with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Site and Services regarding the potential Swap of any Items.

Swapnix Fee

Cancellations

You are not allowed to cancel a Swap that has been confirmed (“Confirmed Swap”). In certain circumstances, Swapnix may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Swap made via the Site and Services. This may be for reasons set forth in the Swapnix Extenuating Circumstances policy or for any other reason. You agree that Swapnix and each User involved in the related Swap will not have any liability for such cancellations.

Ownership

The information provided and depicted through the Services and on Site are protected by copyright, trademark and other intellectual property laws, and are the sole property of Swapnix, except for any legal names and trademarks of Users listed in our Site, which belong to such Users. All Collective Content is provided to Users by Swapnix solely to support User’s permitted use of the Services. The Collective Content may be modified from time to time by Swapnix in its sole discretion and without notice. Except as expressly set forth herein, no license right or interest is granted to Users for any other purpose, and any other use of the Services, the Swapnix Content or any Third Party Content by Users shall constitute a material breach of these Terms. Swapnix retains all rights in the Services and Swapnix Content and any associated trademarks, copyrights, trade secrets or other intellectual property rights.

License

By making User Content available on or through the Site and Services, you hereby grant to Swapnix a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sub-license, to use, view, copy, adapt, modify (for formatting purposes only), distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access and otherwise exploit such User Content on, through or by means of the Services, including for commercial, advertising and promotional purposes relating to the Services.

Subject to your compliance with these Terms, Swapnix grants you a limited, non-exclusive, non-transferable license to (i) access and view any Swapnix Content solely for your personal and non-commercial purposes when you are using the Services; (ii) access and view any User Content that belongs to other Users to which you are permitted access, solely for your personal and non-commercial purposes when you are using the Services; and (iii) access and use the Services via an industry standard consumer web browser (such as MS Internet Explorer, Firefox, Safari, etc.), solely for the purpose of searching for and swapping Items with other Users, as permitted herein. You have no right to sub-license the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Swapnix Content, Third Party Content or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Swapnix or its licensors, except for the licenses and rights expressly granted in these Terms.

User Conduct

The Services are offered solely for User’s personal use for the purposes described in these Terms. Any and all other uses are prohibited. You agree not to (and not to allow any third party to):

violate any local, state, provincial, national, or other law or regulation, or any order of a court;

offer, as a User, any Item that you do not yourself own or have permission to Swap;

offer, as a User, any Item that may not be swapped pursuant to the terms and conditions of an agreement with a third party;

recruit or otherwise solicit any User to join third-party services or websites that are competitive with Swapnix, without Swapnix’s prior written approval;

impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

as a User, submit any Listing with false or misleading information;

use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages, database records or other services contained in the Site, Services, Swapnix Content or Third Party Content;

use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;

take any action that imposes or may impose (in Swapnix’s sole determination) an unreasonable or a disproportionately large load on the Services or Swapnix’s infrastructure;

interfere with or damage our Site or Services, 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;

systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

attempt to probe, scan, or test the vulnerability of any Swapnix system or network or breach any security or authentication measures;

use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity without their permission;

copy, store or otherwise access any information contained on the Site or Services for purposes not expressly permitted by these Terms;

use any portion of the Services, Swapnix Content or Third Party Content to provide, or incorporate any portion of the foregoing into, any product or service provided to a third party;

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;

modify any Services, Swapnix Content or Third Party Content, or create any derivative product from any of the foregoing;

use the Services, Swapnix Content or Third Party Content for any illegal purpose;

publicly disseminate information regarding the performance of the Services, Swapnix Content or Third Party Content or access or use any of the foregoing for competitive analysis or bench marking purposes; or

advocate, encourage, or assist any third party in doing any of the foregoing.

Swapnix has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Swapnix may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Swapnix or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Swapnix, its users, or members of the public. You acknowledge that Swapnix has no obligation to monitor your access to or use of the Site or Services or to review any Collective Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.

Privacy Policy

Swapnix is committed to helping you safeguard your privacy online. Each User must review our privacy policy for details about how we collect and use information about the use of Swapnix’s Services. Swapnix’s privacy policy is expressly incorporated herein by this reference.

Links

The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Swapnix is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Swapnix of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

Account Suspension and Termination

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your User Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your User Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your User Account, your User Content, or receive assistance from Swapnix customer service, (b) any pending or accepted future Swaps will be immediately terminated, (c) we may communicate to your Guests that a potential or confirmed Swap has been canceled, and (d) you will not be entitled to any compensation for any confirmed Swap that was canceled as a result of a suspension, deactivation or termination of your User Account. You may cancel your User Account at any time by sending us an email. Please note that if your User Account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Site, and Services, including, but not limited to, any reviews or Feedback.

Communications

Swapnix may send you email messages to provide you information regarding our Services. You may report a problem to us regarding any User listed on our Site, but we cannot guarantee that we will contact the User to remedy such problem.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR SWAP OF ANY PROPERTY VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF Swapnix WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER SWAPNIX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR FROM YOUR LISTING OR SWAPPING OF ANY PROPERTY VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Swapnix HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL SWAPNIX AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR SWAPPING OF ANY ITEM VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ITEM OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR USING THE SITE, AND SERVICES AS A USER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SWAPNIX AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Disclaimer of Warranties

IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SWAPNIX DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SWAPNIX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Swapnix MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, OR PROPERTY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SWAPNIX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ITEMS, USERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SWAPNIX OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT Swapnix DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY PROPERTY. SWAPNIX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SWAPNIX. SWAPNIX EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

Indemnification

You agree to release, defend, indemnify, and hold Swapnix and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services or Collective Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) Swap of an Item, or (iii) creation of a Listing; and (d) the use of an Item by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the Swap and use of an Item.

Reporting Misconduct

If you Swap a Property with anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Swapnix by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Electronic Contracting and Notices

Your affirmative act of using and/or registering for the Services constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Swapnix and you regarding the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Swapnix and you regarding the Site and Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Swapnix’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Swapnix may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Swapnix (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of Arizona, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Tucson, Arizona or a United States District Court located in Tucson, Arizona for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction, as set forth in the Dispute Resolution provision below.

Dispute Resolution

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Swapnix or their successors or assigns shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and Swapnix must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR SWAPNIX MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Swapnix will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) Swapnix also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator shall honor claims of privilege and privacy recognized at law; (f) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

Notwithstanding the foregoing, either you or Swapnix may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Tucson, Arizona. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Tucson, Arizona in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located in Tucson, Arizona for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of sub parts (a) and (b) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Swapnix shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Tucson, Arizona.

For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

General

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms shall continue in effect. The failure of Swapnix to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Swapnix. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contacting Swapnix

If you have any questions about these Terms, please contact Swapnix at This email address is being protected from spambots. You need JavaScript enabled to view it..