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TERMS OF USE and End User License Agreement
DatingSwap.com is part of the WebSwap Ltd network.
AGREEMENT BETWEEN USER and WebSwap Ltd (the "WebSwap").
WebSwap provides a variety of services to third party web sites who have registered at the
site (the "Member Sites"). WebSwap bears no responsibility for the actions or the contents
of any Member Site, any link contained in a Member Site, or any changes or updates to such sites.
WebSwap's services are offered to you on condition of your acceptance without modification
of these Terms of Use and Notices. Your use of WebSwap constitutes your agreement to these
Terms of Use and Notices.
You hereby grant WebSwap the right to access your website in order to verify the placement
and correctness of the WebSwap HTML code. You acknowledge that the WebSwap HTML code
incorporated into your web site may display an advertisement from a sponsor. All WebSwap HTML
code must be placed on a page in your website so that the majority of people visiting that page will
see the ad displayed via the HTML code.
WebSwap reserves the right to deactivate accounts for any reason, including but not limited to:
Displaying an inordinate number of Exits for or links to competing Exit exchange services.
The WebSwap HTML code appearing on an inordinate number of dynamically-generated web pages.
Providing little or no original content.
Your participation in the WebSwap service prohibits you from:
Artificially inflating traffic counts to your website using any device, program or other means.
Inserting more than one WebSwap HTML code on any single web page on your web site.
Including the WebSwap HTML code on any pages of your website that automatically reload
or go to another page without interaction from the user (e.g., client pull or server push technology).
Including the WebSwap HTML code on any web page that is not generally accessible to
all Internet users (e.g., pop-up windows and hidden frames).
Placing any WebSwap HTML code on web page that is unrelated to your web site.
You acknowledge and agree that your website information may be used by WebSwap and disclosed
to third parties. You agree to allow WebSwap to use screen shots of any web page that contains
WebSwap HTML code in WebSwap promotional materials, and represent and warrant that you
have the authority sufficient to grant the foregoing rights.
MODIFICATION OF THESE TERMS OF USE
WebSwap reserves the right to change these Terms of Use at any time and at its discretion.
You are responsible for regularly reviewing these terms and conditions. Continued use of
WebSwap after any such changes shall constitute your consent to such changes.
USE LIMITATION
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software, products, services
or benefits obtained from WebSwap.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of WebSwap, you warrant to WebSwap that you will not
use WebSwap for any purpose that is unlawful, or prohibited by these Terms of Use and
Notices. In addition, you may not link to WebSwap any site containing an inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information,
or material or information that violates any applicable intellectual property, proprietary, privacy
or publicity rights.
The information provided by WebSwap to you may be proprietary in nature. You agree not to share
any information provided to you by or on behalf of WebSwap with any third party. If you sell or
otherwise distribute goods or services that compete with or may otherwise serve as a substitute for
products or services sold or otherwise distributed by WebSwap, you may not: (a)use or acquire,
or have any other person use or acquire on your behalf, the products or services of WebSwap
for which you offer competing or substitute products or services; and (b)advertise, promote, market
or solicit offers to acquire such competing or substitute products in connection with your use of any
WebSwap products or services.
LIABILITY DISCLAIMER
The information, software, products, services and other material included in or available through
WebSwap may include inaccuracies or errors. They may also be modified or deleted. Advice,
information, products, services or other materials received via WebSwap should not be relied
upon for personal, medical, legal, business, financial or other decisions and is not intended to
replace the advice of qualified professionals.
Your access to and use of the WebSwap Network and products and services of WebSwap,
is at your own risk. WebSwap, and its members and sponsors, will not be liable for any damage,
loss or disclosure of information, data, revenue, accounts or business that occurs in connection with
your use of WebSwap, or such products or services. WebSwap makes no guarantees of any
kind regarding the dependability, accuracy, security, timeliness or availability of WebSwap,
or such products or services.
Without limiting the foregoing, WebSwap AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY,
TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED ON
THE WebSwap Network FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WebSwap AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL WebSwap AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE WebSwap Network OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO
USE THE WebSwap Network OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
WebSwap Network , OR OTHERWISE ARISING OUT OF THE USE OF THE WebSwap Network , WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WebSwap OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WebSwap Network ,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
WebSwap Network AND ITS RELATED SERVICES.
You agree to defend, indemnify and hold WebSwap harmless from and against any and all claims,
losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your
violation of these Terms of Use (including, without limitation, violation of applicable Additional Terms
of Use), or any third-party's rights, (including, without limitation, infringement of any copyright,
violation of any proprietary right and invasion of any privacy rights). These obligations will survive
any termination of your relationship with WebSwap.
SERVICE CONTACT
ACCESS RESTRICTION
WebSwap reserves the right to deny in its sole discretion any user access to the WebSwap
Network or any portion thereof without notice. You are responsible for safeguarding the confidentiality
of your password(s) and user name(s) issued to you by WebSwap, and for any use or misuse of your
account or the WebSwap Network resulting from any third party using a password or user name
issued to you.
TERMINATION
WebSwap may terminate this agreement and the related services at any time, with or without cause,
effective immediately. Anyone determined by WebSwap to have violated these Terms of Use and
Notices, or any Additional Terms may be barred from using WebSwap, or from receiving any products,
services or benefits from WebSwap.
FOR INFORMATION REGARDING THE WebSwap PRIVACY STATEMENT visit:
http://www.DatingSwap.com/policy.asp.
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