SwishSwap.Com - Cloud9 Media Limited Web Site Agreement

The SwishSwap.Com - Cloud9 Media Limited Web Site is an online information service provided by SwishSwap.Com - Cloud9 Media Limited subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. SwishSwap.Com - Cloud9 Media Limited MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are SwishSwap.Com - Cloud9 Media Limited , its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to SwishSwap.Com - Cloud9 Media Limited a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to SwishSwap.Com - Cloud9 Media Limited by all means and in any media now known or hereafter developed. You also grant to SwishSwap.Com - Cloud9 Media Limited the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against SwishSwap.Com - Cloud9 Media Limited for any alleged or actual infringement or misappropriation of any proprietary right in your communications to SwishSwap.Com - Cloud9 Media Limited

COPYRIGHT and TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive copyright or trademarks of SwishSwap.Com - Cloud9 Media Limited Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that SwishSwap.Com - Cloud9 Media Limited does not operate, control or endorse any information, products or services on the Internet in any way. website links, cars or other items that may be listed by third unknown parties, products or services, all information, products and services offered through the Site or on the Internet generally are offered by parties, that are affiliated or unconnected with SwishSwap.Com - Cloud9 Media Limited You also understand that SwishSwap.Com - Cloud9 Media Limited cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. SWISHSWAP.COM - CLOUD9 MEDIA LIMITED PROVIDES THE SITE AND RELATED INFORMATION AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND SWISHSWAP.COM - CLOUD9 MEDIA LIMITED SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. SWISHSWAP.COM - CLOUD9 MEDIA LIMITED DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. SWISHSWAP.COM - CLOUD9 MEDIA LIMITED HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL SWISHSWAP.COM - CLOUD9 MEDIA LIMITED BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF SWISHSWAP.COM - CLOUD9 MEDIA LIMITED OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE INCLUDING LINKS AND CONTENT. SWISHSWAP.COM - CLOUD9 MEDIA LIMITED LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

SwishSwap.Com - Cloud9 Media Limited makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a SwishSwap.Com - Cloud9 Media Limited web site, please understand that it is independent from SwishSwap.Com - Cloud9 Media Limited, and that SwishSwap.Com - Cloud9 Media Limited has no control over the content on that web site. In addition, a link to a SwishSwap.Com - Cloud9 Media Limited web site does not mean that SwishSwap.Com - Cloud9 Media Limited endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless SwishSwap.Com - Cloud9 Media Limited, its owners, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of SwishSwap.Com - Cloud9 Media Limited and its owners, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The UK applicable to agreements made and to be performed in The UK. You agree that any legal action or proceeding between SwishSwap.Com - Cloud9 Media Limited and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a UK court of competent jurisdiction sitting in The UK . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. SwishSwap.Com - Cloud9 Media Limited failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. SwishSwap.Com - Cloud9 Media Limited may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

PRIVACY POLICY

We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). This is to help us and gather feedback in order to provide you with the best possible service. We will give you the chance to refuse any marketing email from us in the future. The information we hold is that submitted by a user, we cannot verify it's authenticity but do our best to ensure it is correct.

Details of the information that we collect;

Registration Details -

Name, Address and Postcode, including your telephone number and/or mobile, plus your email address. 

The above information is used, only to identify you and enable you to place advertisements on SwishSwap.com - further to allow registered users locate the products, services or items that you are advertising. When someone is interested in your ad, they will contact you directly and usually by email. Only logged in users can view the following information; Your Town, Postcode and be able to contact you via email through SwishSwap.com. 

Credit Card Payments & PayPal Payments;

To process payments for additional features on your advertisements, we need to process these payments through PayPal Payments Pro. The information we collect is 100% secure and sent through an SSL HTTPS connection, directly to PayPal Payments Pro systems. At all times your information is ONLY used to process that payment, we DO NOT store ANY credit card information, or payment details relating to ANY payment you make to us. The information you enter, is only used to process that payment and is used during that transaction between you, SwishSwap.com and PayPal Payments Pro. Those using the normal Paypal ID payments made by those that have PayPal accounts, make payments from within PayPal and SwishSwap.com send the user direct to PayPal to complete the order. 

Amending Registration Information or Cancelling Your Registration/Account -

When you register on SwishSwap.com you decide on a username and password, to use to gain access to the administration of your account online. At any point, you can edit any part of your registration information, with immediate affect. Should you wish to remove your account completely and for us to delete ALL registration information that you have entered, please contact us on info@swishswap.com

If you have any concerns or questions regarding our privacy policy please contact us. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.

Delivery Policy

SwishSwap.com - Cloud9 Media Limited. Provide an online service to facilitate registered users to the use of our services. The services are available in a limited fashion to those that have not registered; you can search and browse the site and ads, but you can not contact sellers. Only those that have registered on the SwishSwap.com website, have access to the facilities that allow you to contact other sellers and place adverts of your own.

Placing of advertisements for the first 7 days of each advert are free, longer periods and extra functions are available and a small charge is levied for these extra add ons to your advertisement, but are not required and are completely optional. Pricing can be found within the site and also under the section called 'What We Charge'.  

Should you place an entirely free advertisement, where there are no additional options requested by you, then your ad will appear live, subject to acceptable use and our policy on ad placement contents. 

If payment is required, the advert will only appear if payment has been successfully made. As soon as the payment is cleared, then your ad will appear immediately after the payment has been successfully taken.

NO PHYSICAL ITEMS ARE SENT BY US TO YOU. The service we provide is completely 100% online and delivered to you through the use of the services on our website - www.swishswap.com

Return / Refund / Cancellation Policy

Returns -

Due to the nature of our services, returns are redundant, as we do not ship, post or provide any physical product, in exchange for payment or for free. Therefore, please do NOT expect anything physical from SwishSwap.com - the only items you will receive, are the items that you exchange via our website with other registered users, for which we can't be held responsible for. We expect all our users to use their own due diligence and use common sense in terms of agreement on exchange or items, services, products etc. We do not provide any guarantee in any manner on the items that are exchanged via the use of the services on www.swishswap.com 

Refunds -

SwishSwap.com offer a full 100% refund policy. Should you not be 100% satisfied with our service, please contact us on info@swishswap.com to lodge your complaint. Upon receipt of the complaint, we will issue an immediate refund on the service that you have paid for. The refund will be made by PayPal Payments Pro or PayPal standard. Dependent on the payment gateway used. Refunds are made to the same card or ID that was used on the original transaction. Please be aware that refunds can take time to filter through and may take up to 10 days to appear on your statement.

Cancellation -

Should you wish to cancel any service, or cancel the Storefronts subscription. You can do so from within the user administration part of the website, which can be accessed from the login link on the www.SwishSwap.com website. Should you have any issues with the cancellation, or seek a refund on any part of our service resulting from a complaint that you wish to lodge, then please contact us at info@swishswap.com. 

We have a zero tolerance towards spam, if you spam, your account will be terminated and you will be forever banned from SwishSwap.Com - Cloud9 Media Limited and all partner sites.