Updated: January 3, 2013
These Terms of Service ("Terms") govern your access to and use of the website www.HipSwap.com (the "Site") and all the services and mobile applications (together, the "Service") offered by HipSwap, Inc. ("HipSwap" "we" "our" or "us"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
You may be required to create an account in order to use or access the Service, and you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a profile name, email address and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, profile name, or password of someone else at any time. You agree to notify HipSwap immediately on any unauthorized use of your account, profile name, or password. HipSwap shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by HipSwap, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
Neutral Venue: HipSwap is a venue through which users conduct in-person transactions. HipSwap is not directly involved in the transactions between buyers and sellers, people who swap items, or with respect to items that are given away through the Service. As a result, HipSwap has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items, the ability of buyers to pay for items, the ability of people to verify the items been swapped, or the right of users to give away item. HipSwap does not pre-screen users or the content or information provided by users. HipSwap cannot ensure that a buyer, seller or person who swaps an item with another persion will actually complete a transaction. You agree that HipSwap is a neutral venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on HipSwap.
Identity Verification: We do not confirm any user's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of this Service. While we include a rating system in the application and service, we do not investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits to the Service. We encourage you to communicate directly through the tools available on the Service and to review profile pages, public comment streams on individually posted items, and color coded and numbered user ratings on other users profile screens.
Interactions with Other Users: You are solely responsible for your interactions with other users of the Service. We will not be responsible for any damage or harm resulting from your interactions with other users. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Service and to take any other action in good faith to restrict access to or the availability of any material that we or another user of the Service may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
In your use of the Service, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
The foregoing is merely a list of examples of prohibited conduct. HipSwap reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
License Grant: HipSwap does not claim ownership rights in your Content. By submitting any content (including without limitation, any photograph, video, words, pictures, or symbols) to the Service, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose. You represent and warrant that you have sufficient rights to grant us this license.
Content Restrictions: You are solely responsible for any content that you submit, post or transmit via the Service. You may not post or submit any content that:
No Obligation to Post Content: We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
Third Party Content, Sites, and Services
The Service may contain features and functionalities that may link you or provide you with access to third party content that is completely independent of HipSwap, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that HipSwap shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Service, or between users and any third party, you understand and agree that HipSwap is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release HipSwap, its directors, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 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."
All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of HipSwap and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the HipSwap name or any of the HipSwap trademarks, logos, domain names, and other distinctive brand features. You may use the HipSwap name or any of the HipSwap trademarks, logos, domain names, or other distinctive brand features only in the event HipSwap grants you the right to do so in a separate written agreement. Any feedback, comments, or suggestions you may provide regarding HipSwap, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Use of Software/App: HipSwap makes certain software available to you from the Site or from third party sites, including without limitation our iPhone and/or Android app (the "Software"). If you download our Software, it is deemed to be licensed to you by HipSwap, for your personal use only. We do not transfer either the title or the intellectual property rights to the Software, and we retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
Copyright Infringement: HipSwap has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. We have adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of HipSwap or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want HipSwap to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counterfeit Items: We do not allow replicas, counterfeit items, or unauthorized copies to be listed on HipSwap. Unauthorized copies may include things that are bootlegged, illegally duplicated, or pirated. If your listing violates this policy, it may be removed, and you may be subject to a range of other actions, including limits of your buying and selling privileges and suspension of your account. Please report listings that you believe offer counterfeit items or replicas.
You agree that HipSwap, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if HipSwap believes that you have acted inconsistently with the letter or spirit of these Terms. Further, you agree that HipSwap shall not be liable to you or any third-party for any termination of your access to the Service. The sections entitled Disclaimer of Warranties, Limitation of Liability and Indemnity shall survive termination of your use of the Service.
Disclaimer of Warranties
YOU AGREE THAT USE OF THE SERVICE AND SOFTWARE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HIPSWAP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE OR SOFTWARE. TO THE FULLEST EXTENT PERMITTED BY LAW, HIPSWAP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, HIPSWAP DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE OR SOFTWARE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HIPSWAP BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HIPSWAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE OR SOFTWARE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE OR SOFTWARE, FROM INABILITY TO USE THE SERVICE OR SOFTWARE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE OR SOFTWARE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold HipSwap, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of these Terms, your breach of any of the representations and warranties herein, or your violation of any rights of a third party.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Los Angeles County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The failure of HipSwap to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
The Service is operated and provided by HipSwap, Inc.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.