AdSwapper, Inc. Website Terms of Use

The Effective Date of these Terms of Use is April 17, 2017.

The website www.theadswapper.com (identified herein as the “Site“) and the web pages thereof are owned and operated by ADSWAPPER, INC., a Delaware corporation (“AdSwapper” or “we”). Please read the following sections carefully, as they contain the terms and provisions governing your use (the “Terms of Use”) of the Site. Additionally, you should review our Privacy Policy. Inquiries or concerns regarding these Terms of Use or the Privacy Policy may be sent by any of the following: via e-mail to [email protected], or by mail to Website Inquiries, AdSwapper, Inc., 1601 S. Providence Road, Columbia, Missouri 65211.

PLEASE READ THE FOLLOWING TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU SIGNIFY YOUR ASSENT TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT ASSENT TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT USE THE SITE.

TERMS OF AGREEMENT

The Terms of Use and Privacy Policy constitute a legally binding agreement (the “Agreement”) between you (“you” or the “User”) and AdSwapper. In order to use or participate in the offerings of the Site, you must (1) be 18 years of age or older, or be 13 years of age or older and have your parent or legal guardian’s consent to the Agreements, or otherwise comply with country-specific age requirements for entering into a contract, (2) have the lawful right and capacity to enter into a binding contract with us without being barred from doing so, and (3) reside in a country where AdSwapper service is available. AdSwapper has the right to modify this Agreement at any time. AdSwapper has the right to modify this Agreement or these Terms of Use at any time. Changes in these Terms of Use may be posted on this page, without other written, verbal, or electronic communication. Every time the User uses the Site, the User is agreeing to the then-current Agreement.

USER REGISTRATION

You may be required to register in order to access certain features of the Site. You will choose a user name and a password through Site’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. AdSwapper cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.

By registering on the Site, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information when registering on the Site, including, but not limited to, name, address, email, and/or telephone number. By registering with the Site, you consent to receive periodic communication from AdSwapper by e-mail regarding the status of your account or other information associated with your account. For more information on how AdSwapper may use the information you provide during registration, please see the Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

The Site and all materials available on it are the property of AdSwapper, its licensors, or its users, and are protected by copyright, trademark and other intellectual property laws. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of AdSwapper’s, our licensors’, or other users’ intellectual property rights.

PROHIBITED ACTIVITIES

The following activities are expressly prohibited from the Site:

  1. Creating a username in violation of anyone’s trade secret, copyright, or other intellectual property right.
  2. Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
  3. Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
  4. Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
  5. Framing or deep linking into the Site.
  6. Accessing the Site by means of automated process, spiders, bots or similar device.

 

USER SUSPENSION AND/OR TERMINATION

AdSwapper may cancel or terminate the User’s right to access or use any part of the Site at any time without notice. The User agrees that breach of any of the terms in this Agreement may result in the immediate termination of the User’s account and/or give rise to civil action against the User. The disclaimers and limitations of liability herein and all restrictions on the User regarding information downloaded or obtained from the Site shall survive any cancellation or termination of the User’s right to use the Site.

LINKS TO THIRD PARTY SITES

Any links to other websites not owned or operated by AdSwapper are provided solely as a convenience for the User. AdSwapper’s listing of any third party does not create a partnership or affiliation with the third party. AdSwapper’s listing of any third parties does not constitute sponsorship or endorsement of these third parties. The User shall make a competent consumer decision before purchasing goods, employing the services, or engaging in any other transaction of/with any linked or listed third party. The User hereby assumes all risk associated with obtaining goods or services from any third party or transacting with same.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to AdSwapper that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

MATERIALS PROVIDED TO ADSWAPPER OR POSTED ON THE SITE

AdSwapper does not claim ownership of the materials or ideas that you provide to AdSwapper (including feedback and suggestions) or that you post, upload, input or submit to AdSwapper through your use of the Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AdSwapper, its affiliated companies and necessary sublicensees an unlimited, irrevocable, worldwide, perpetual, sublicensable and royalty-free license to use the Submissions for any purpose including, without limitation, the rights to use the information in furtherance of any commercial purpose; to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid to you with respect to AdSwapper’s use of your Submission. AdSwapper is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in AdSwapper’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, you represent and warrant that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and grant the license above.

WARRANTY DISCLAIMER

THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ADSWAPPER AND/OR ITS LICENSORS OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ADSWAPPER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES OFFERED OR OBTAINED THROUGH THE SITE. ALL SUCH INFORMATION, PRODUCTS OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. ANY THIRD PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. ADSWAPPER AND/OR ITS LICENSORS OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ADSWAPPER AND/OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADSWAPPER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

ADSWAPPER’S LIABILITY TO ANY USER OF THE SITE SHALL BE LIMITED TO THE FEES PAID BY SUCH USER TO ADSWAPPER FOR ANY PRODUCTS OR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE SUCH CLAIM ALLEGEDLY AROSE.

USER INDEMNIFICATION

You agree to indemnify AdSwapper and its affiliates, employees, agents, representatives and third party service providers, and defend and hold each of them harmless from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include, but are not limited to, Submissions, unauthorized use of material obtained through the Site, or breach of this Agreement.

CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

AdSwapper and you agree that AdSwapper and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the App will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. AdSwapper and you further agree that AdSwapper and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the App.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in St. Louis, Missouri.

FEDERAL AND STATE LAWS

When using the App, when on the Site, or when using any other media provided by AdSwapper you must obey all applicable federal, state and local laws. The App is operated from the United States. Any use of the App that violates any applicable laws will be grounds for discontinuing your rights to access the App and the Site.

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Missouri, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Boone County, Missouri, U.S.A. in all disputes arising out of or relating to the use of the Site.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AdSwapper as a result of this Agreement or use of the Site.

AdSwapper’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of AdSwapper’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AdSwapper with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the User and AdSwapper with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and AdSwapper with respect to the Site.

COPYRIGHT COMPLAINTS

AdSwapper respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AdSwapper’s copyright agent with the following information.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. Description of the copyrighted work that you claim has been infringed;
  3. The location of the material that you claim is infringing is located on the Site;
  4. Your address, telephone number and e-mail address;
  5. A statement that your claim of infringement is based on a good faith belief; and
  6. A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

AdSwapper’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: [email protected].

EXPORT CONTROL

AdSwapper’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in a banned country, as updated by the Department of State and/or the Treasury Department, including Afghanistan, Belarus, Central African Republic, Cuba, Cyprus, Eritrea, Fiji, Iran, Iraq, Cote d’Ivoire, Lebanon, Libya, North Korea, Syria, Vietnam, Myanmar, China, Haiti, Liberia, Rwanda, Somalia, Sri Lanka, Republic of the Sudan (Northern Sudan), Yemen, Zimbabwe, Venezuela, Democratic Republic of the Congo; and (2) are not a denied party as specified in the regulations listed above.

You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Spotify under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.

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