LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access Simple Swap LLC products and services in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from Simple Swap LLC products and services, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
USE. Your permission to use the service is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
· post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
· use the service for any unlawful purpose or for the promotion of illegal activities;
· attempt to, or harass, abuse or harm another person or group;
· use another user’s account without permission;
· provide false or inaccurate information when registering an account;
· interfere or attempt to interfere with the proper functioning of the Service;
· make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
· You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
· You will not post information that is malicious, false or inaccurate;
· You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
· You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any others use.
MODERATION. You agree we may moderate Simple Swap LLC products and services access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
SALES. Transactions/Swaps are conducted between two parties for products or money. Simple Swap LLC is not responsible for corrupted, broke, or anything therein products that are exchanged between users. Simple Swap LLC products and services are a digital bulletin board for users to post their products and nothing more.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to Simple Swap LLC products and services, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and Simple Swap LLC is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your Simple Swap LLC products and services use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“SIMPLE SWAP LLC PRODUCTS AND SERVICES ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) SIMPLE SWAP LLC ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL);
You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your Simple Swap LLC products and services use is governed by Florida (“FL”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Niceville, FL (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against Simple Swap LLC Entities; (6) (except government agencies) to indemnify Simple Swap LLC Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your Simple Swap LLC use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
MISC. Users complying with prior written licenses may access Simple Swap LLC thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls. If you feel content infringes your rights email us at email@example.com