Terms of Use

1. Acceptance of Terms

Swapsteel provides a collection of online resources, including classified ads, and various email services subject to the following terms of use. By using the service in any way, you are agreeing to comply with the following terms. Should you object to any term or condition, any guidelines, or any subsequent modifications thereto or become dissatisfied with Swapsteel in any way, your only recourse is to immediately discontinue use of Swapsteel.com. Swapsteel has the right, but is not obligated, to strictly enforce these terms through self-help, community moderation, active investigation, litigation and prosecution.

2. Any Changes to this Agreement

Swapsteel reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from Swapsteel.com, are the sole responsibility of the person from whom such Content originated. More specifically, your are entirely responsible for each individual item of content that you post, email or otherwise make available via Swapsteel.com. You understand that Swapsteel.com does not control, and is not responsible for content made available through the service. Furthermore, the Swapsteel site and content available through the service may contain links to other websites, which are completely independent of Swapsteel.com. Swapsteel makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will Swapsteel be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via Swapsteel's service. You acknowledge that Swapsteel does not pre-screen or approve content, but that Swapsteel shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the service, for violating the letter or spirit of the terms of use or for any reason.

4. Third Party Content, Sites, and Services

The Swapsteel site and content available through the service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Swapsteel, 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 Swapsteel.com, 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 Swapsteel.com 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 site, or between users and any third party, you understand and agree that Swapsteel.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Swapsteel.com, its 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."

5. Privacy and Information Disclosure

Your use of the Swapsteel.com website or the service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Swapsteel.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the terms of use; respond to claims that any content violates the rights of third-parties; respond to claims that content information (i.e. phone number, street address) of a third party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Swapsteel.com. its users or the general public.

6. Conduct

You agree not to post, email, or otherwise make available content:

• a. That impersonates any person or entity, including, but not limited to, a Swapsteel.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);
• b. That includes personal or identifying information about another person without that person's explicit consent;
• c. That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
• d. That infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• e. That constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain letters", "pyramid schemes", or unsolicited commercial advertisement;
• f. That constitutes or contains any form of advertising or solicitation if: posted in areas of the Swapsteel.com sites which are not designated for such purposes; or emailed to Swapsteel.com users who have not indicated in writing that is is ok to contact them about other services, products or commercial interests.;
• g. That includes links to commercial services or websites, except as allowed in the terms of use.;
• h. That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.;
• i. That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• j. That disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the service, or that otherwise negatively affects other users' ability to use the service; or
• k. That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disquise the origin of content transmitted through the service.
• l. Contact anyone who has asked not to be contacted
• m. "stalk" or otherwise harass anyone;
• n. Collect personal data about other users for commercial or unlawful purposes;
• o. Use "automated" means, including spiders, robots, crawlers, data mining tools, or the like to download data from the service.
• p. Attempt to gain "unauthorized" access to Swapsteel.com's computer systems or engage in any activity that disrupts, dimishes the quality of, interferes with the performance of, or impairs the functionality of, the service of Swapsteel.com's website; or

7. Posting Agents

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content to the service on behalf of others. To moderate demands on Swapsteel.com's resources you may not use a posting agent to post content to Swapsteel.com without the express permission or license from Swapsteel.com.

8. No Spam Policy

You understand and agree that sending unsolicited email advertisements to Swapsteel.com email addresses or through Swapsteel.com's computer systems, which is expressly prohibited by these terms, will use or cause to be used servers located in California. Any unauthorized use of Swapsteel.com's computer systems is a violation of these terms and certain federal and state laws, including without limitation the computer fraud and abuse act (18 U.S.C. AS 1030 et seq.) Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

9. Limitations on Service

You acknowledge that Swapsteel.com may establish limits concerning use of the service, including the maximum number of days that content will be retained by the service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the service, and the frequency with which you may access the service. You agree that Swapsteel.com has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the service. You acknowledge that Swapsteel.com reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice, and that Swapsteel.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

10. Access to the Service

Swapsteel.com grants you a limited, revocable, nonexclusive license to access the service per the agreement of this service. It retains all rights to monitor, delete, or deny access to site if agreement is not acceptable per the terms of this agreement. Use of this service beyond the scope of authorized access granted to you by Swapsteel.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the service or any content made available via this service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Swapsteel.com.

11. Termination of Service

You agree that Swapsteel.com, 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 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 Swapsteel.com believes that you have acted inconsistently with the letter or spirit of the terms of use. Further, you agree that Swapsteel.com shall not be liable to you or any third party for any termination of your access to the service.

12. Copyrights

Swapsteel.com is copyright protected and Trademark protected. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of Swapsteel.com. Swapsteel.com is a registered mark in the U.S. Patent and Trademark office. Although Swapsteel.com does not claim ownership of the content that it's users post, by posting content to any public area of the service, you automatically grant, and you represent and warrant that you have the right to grant, to swapsteel.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. By posting to any public areas on Swapsteel.com, you are automatically grant Swapsteel.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on Swapsteel.com by any party for any purposes.

13. Limitations of Liability

Under no circumstances shall Swapsteel.com be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Swapsteel.com has been advised of the possibility of such damages), resulting from any aspect of your use of the Swapsteel.com site or the service, whether the damages arise from use or misuse of the Swapsteel.com site or service, from inability to use the Swapsteel.com site or service, or the interruption, suspension, modification, alteration, or termination of the Swapsteel.com site or service. 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 Swapsteel.com site or service or any links on the Swapsteel.com site, as well as by reason of any information or advice received through or advertised in connection with the Swapsteel.com site or service or any links on the Swapsteel.com site.

14. Indemnity

You agree to indemnify and hold Swapsteel.com, 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 Swapsteel.com, your use of swapsteel.com, your violation of these terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another.