Terms of Use

Last updated: November 18, 2014

Please read these Terms of Use (“Terms”) carefully. By downloading, accessing or using the mobile applications, websites or other products or services (collectively, the “Services”) of Swapp BV and our affiliates “Swapp”, “we” or “us”, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Swapp account.

Swappiness – have fun!

The language below is meant to support this rule. It allows us to continue providing and improving our Services, and it helps to ensure that a few mean users don’t ruin the fun for everyone else. Your part in that is simple. Just use common sense—keep sending and uploading awesome fashion pictures, Swapps, bids, comments and messages.

Our Audience

Swapp is intended for use by people who are 13 years of age or older, and persons under the age of 13 are prohibited from creating Swapp accounts. However, we can not prevent youngsters from using our Services.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Swapp account.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.

Usage Data

By using the Swapp application you agree to let Swapp collect information about your usage of the application, including interactions with Swapps, bids, chats and other features the Swapp application offers. For example, when you open a message or capture a screenshot of a Swapp, photo, write a message/chat/comment, bid, we attempt to detect those interactions.

You also agree to let Swapp collect certain types of information from and about your device. For example, if you choose to use our “Find Friends” feature, you agree to let Swapp access the address book on your device and upload data to its servers to sync your contacts and find which of your friends are already Swapp users. For more information about the information we collect from you and your device and Swapp’s privacy practices, please review our Privacy Policy.

User Content

The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to photos, (videos), text, graphics, items or other materials (collectively, “User Content”).

You understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings.

You agree that you are solely responsible for your User Content and that Swapp is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.

You retain all ownership rights in your User Content. However, by submitting User Content to Swapp, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services, subject to your use of privacy settings in the Services to control who can see your User Content.

Feedback

You agree that any feedback, suggestions, ideas or other information or materials regarding Swapp or the Services that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of Swapp. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

Swapp Content

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Swapp Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Swapp Content may violate such laws and these Terms. Except as expressly provided in these Terms, Swapp does not grant any express or implied rights to use Swapp Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Swapp Content, the Services or any related software, except as expressly stated in these Terms.

You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Swapp Content. This license is revocable at any time. This license is subject to these Terms and does not include:

Any use of the Services or Swapp Content other than as specifically authorized in these Terms, without the prior written permission of Swapp, is strictly prohibited and will terminate the license to use Swapp granted in these Terms.

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you agree that you will not:

You further agree to abide by any third-party terms that apply when posting reviews of Swapp, including the iTunes App Store  Terms of Service and/or the Android Market Terms of Service. Posting Swapp usernames in app store reviews is strictly prohibited and may result in the deletion of your Swapp account.

Account Security

After opening a Swapp account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account.

Modifications to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.

Disclaimer

THE SERVICES AND THE SWAPP CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE SWAPP ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.

Note to International Users

The Services are hosted in The Netherlands, Amsterdam. If you are a user accessing the Services from the United States, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Dutch law, please be advised that through your continued use of the Services, which are governed by Dutch law, you are transferring your personal information to The Netherlands and you consent to that transfer.

Disputes

1) Indemnification

By agreeing to these Terms you agree to indemnify, defend and hold harmless Swapp, our managing members, shareholders, employees, affiliates, licensors and suppliers (the “Swapp Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, payments, or made agreements with other Swappers/Users, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.

2) Limitation of

Except where prohibited by law, in no event will Swapp or the Swapp Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Swapp has been advised of the possibility of such damages.

You assume total responsibility for your use of the Services. Your only remedy against Swapp for dissatisfaction with the Services or any content is to stop using the Services.

If, notwithstanding these Terms, Swapp is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, Swapp’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Applicable Law

Any dispute between you and Swapp will be governed by these Terms and the laws of Amsterdam, The Netherlands, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Swapp.

Questions and Comments

Swapp welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting www.swapp.nl or send us an e-mail to: team@swapp.nl

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