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Swap My Games - Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY! DESCRIBED BELOW ARE YOUR RIGHTS AND RESPONSIBILITIES AND THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SWAPMYGAMES.COM INC. REGARDING YOUR USE OF OUR INTERNET WEBSITE SERVICE SWAPMYGAMES.COM. BY USING THE SERVICE, INCLUDING VIEWING CONTENT, YOU AS AN INDIVIDUAL AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU AND SWAPMYGAMES.COM INC. (WHETHER OR NOT YOU CHOOSE TO BECOME A MEMBER). YOUR ACCESS TO AND USE OF SWAPMYGAMES.COM IS EXPRESSLY CONDITIONED ON YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS.

These are official terms and conditions ("Terms of Use") and form a legally binding agreement between you and SwapMyGames Inc. ("SwapMyGames", "we", "us", or "our") regarding your use of SwapMyGames.com's internet web site located at http://www.swapmygames.com ("Site"), as well as the associated web pages services, features and functions made available by SwapMyGames.com and this Site (individually and collectively, the "SwapMyGames Services"). The term "SwapMyGames Services" also includes any and all branded, equivalent, mirror, replacement, substitute or backup websites and web pages and those containing authorized content owned by SwapMyGames. This Agreement includes SwapMyGames's policy for acceptable use of SwapMyGames Services and content posted on the Site, your rights, obligations and restrictions regarding your use of SwapMyGames Services and SwapMyGames's Privacy Policy. In order to participate in SwapMyGames Services.

TERMS OF SERVICE:

SwapMyGames Services are offered and made available only to users 18 years of age or older - SwapMyGames Services is not intended for children under 18. Your account may be terminated without warning, if we believe, in our sole discretion, that you are under 18 years of age. By using or attempting to use SwapMyGames Services, you certify that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are not yet 18 years old, or your use of our SwapMyGames Services is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please do not use SwapMyGames Services. Use of SwapMyGames Services is void where prohibited.

By using SwapMyGames Services, you understand, acknowledge and agree to be bound by the Agreement and that you will abide by the terms and conditions of our Agreement with you, whether you are a "Visitor", meaning that you simply browse the Site or you are a "Member" meaning that you have registered with SwapMyGames. The term "User" refers to a Visitor or a Member. When we use the term "Agreement" we are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of Content and Postings (including Videos) all as defined below, any features, functions and services we make available to you from time to time through our SwapMyGames Services, any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters ("Rules") and any additional terms and conditions referred to in any of the foregoing documents. These Terms of Use and our use of the term "Agreement" also includes our Privacy Policy. All of these are hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you are a user of SwapMyGames Services, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.

The words "use" or "using" in this Agreement, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from SwapMyGames Services, transmit, receive or exchange data or communicate with the SwapMyGames Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the SwapMyGames Services, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.

Please choose carefully the information you post on SwapMyGames Services and that you provide to other Users. Your postings may not include the following items: (i) Postings that violates any copyrights, trademarks, trade names, or that violates any other rights, (ii) telephone numbers, street addresses, last names, and (iii) any photographs or videos containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and SwapMyGames assumes no responsibility or liability for this material. If you become aware of misuse of SwapMyGames Services by any person, please contact us by submitting your request via contact us page.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SwapMyGames without restriction or notice to you.

1. REGISTRATION

This Agreement shall remain in full force and effect while you use SwapMyGames Services or are a User. There are portions of SwapMyGames Services and this Site that we make available to Users in the general public without registering and you may visit and browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.

SwapMyGames reserves the right, in its sole discretion, to reject, refuse to post or remove any posting, including email, by you, or to restrict, suspend, or terminate your access to all or any part of SwapMyGames Services at any time, for any or no reason, with or without prior notice, and without liability. Even after your account is terminated, this Agreement will remain in effect, including all sections.

In order to access and use certain services, features or functions of the SwapMyGames Services, such as adding items to your games I have and games I want lists, posting game reviews, posting user feedback, and in general any interactive feature of the SwapMyGames Services, we require users to register and create an account. As part of the registration process, you will need to select and provide us with a unique user name and choose a password which must form a unique combination (a "Membership ID"), you shall provide your valid e-mail address, and we may request that you provide other information that we may require. We may also, from time to time and at any time, provide users with additional codes or passwords necessary to access and use certain services, features or functions of the SwapMyGames Services. Please read our Privacy Policy, which describes the non-public, personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs with your Membership ID and you must keep your account password secure. You are entirely responsible for maintaining the confidentiality of your password. Your Membership ID is personal to you and you may not allow any others to use your Membership ID under any circumstances. You may never use another's account without permission. We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your Membership ID, disclosure or your authorization of anyone else to use your Membership ID. You agree to immediately notify SwapMyGames if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your Membership ID or any other need to deactivate your Membership ID due to security concerns. Although SwapMyGames will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SwapMyGames or others due to such unauthorized use.

2. MODIFICATIONS

SwapMyGames may modify this Agreement from time to time at our sole discretion and such modification shall be effective upon posting by SwapMyGames on the Site. We will post or display notices of material changes on this Site and we may also e-mail you about these changes. Once we post them on SwapMyGames, these changes become effective immediately and if you use the SwapMyGames Services after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. We reserve the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the SwapMyGames Services at any time, without any liability or obligation to you, with or without notice.

3. PRIVACY

We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of SwapMyGames Services. If you have any questions regarding SwapMyGames's privacy practices, you may send your question to us by submitting the form on contact us page.

4. OWNERSHIP AND PROPRIETARY RIGHTS

SwapMyGames Services, except all User Submissions (as defined below), including without limitation, all content, media and materials, all SwapMyGames software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of SwapMyGames Services, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed by SwapMyGames and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions. Our Content is legally protected, without limitation, under Canadian Federal and Provincial, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "SwapMyGames Services" includes "Content" as well.

Content on the Site is provided to you AS IS for your information and personal use only. SwapMyGames Services contain Content of Users and other SwapMyGames licensors. Except for Content posted by you and unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, including User Submissions, without the express prior written consent of SwapMyGames. SwapMyGames authorizes you to access Content and grants you the right to use SwapMyGames Services solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on SwapMyGames Services including notices on any Content you download, transmit, display, print or reproduce from SwapMyGames Services. SwapMyGames reserves all rights not expressly granted in and to the Site and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of SwapMyGames Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of SwapMyGames Services or the Content therein. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.

By displaying or publishing ("posting") any Content, or any other materials on or through SwapMyGames Services, you hereby grant to SwapMyGames a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through SwapMyGames Services. This license will terminate at the time you remove such Content from SwapMyGames Services. You represent and warrant that: (i) you own the Content posted by you on or through SwapMyGames Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through SwapMyGames Services.

We have no obligation to maintain or store any Content posted by you. We have the right to delete any Content for any reason or no reason, including but not limited to service cancellation or violation of this Agreement. Once deleted, any Content you have stored on or through the SwapMyGames Services cannot be retrieved.

You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from the SwapMyGames Services, unless you are expressly authorized to do so by SwapMyGames. You agree not to use or launch any automated system that accesses the Site in a manner that sends more request messages to SwapMyGames servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, SwapMyGames grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SwapMyGames reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions. As an express condition of your use of the SwapMyGames Services, you warrant to SwapMyGames that you will not use SwapMyGames Services for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. SwapMyGames makes no representation that any Content is legal or appropriate for use outside of Canada or that it is authorized for export from Canada or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of Canada from which you may access SwapMyGames Services.

SwapMyGames's Content is protected by copyright, trademark, patent, trade secret and other laws, and SwapMyGames owns and retains all rights to its Content and SwapMyGames Services. We require users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other users. On notice, we will act expeditiously to remove content on the SwapMyGames Services that infringes the copyright rights of others and will disable the access to SwapMyGames Services, this Site and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others.

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications on or of SwapMyGames Services, including, without limitation, "SwapMyGames.com", are the intellectual property of, and proprietary to SwapMyGames.com Inc., its affiliates, its or their Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of SwapMyGames.

5. GAME TRADING POLICIES

If you list any items for trade to other users, your listings must not misrepresent the items.

Users cannot:
  • Misrepresent the item location from which their item will be shipped.
  • Misrepresent the item condition of the item that is being offered for trade.
  • Have misleading comments that do not accurately describe the item for trade.
There are currently no fees for using any of SwapMyGames Services. In the event that SwapMyGames decides to introduce feed for certain Services - all Users will be contacted via email allowing them to opt-out from any such Service offerings.
Except as noted in the specific policy as exceptions, users cannot:
  • Solicit other users to mail cash or use other payment methods for any non-SwapMyGames Services.
  • Use certain types of HTML and JavaScript in item listings and game reviews.
  • Promote giveaways, random drawings, raffles or prizes.
  • Create a listing that does not offer an item or service.
  • Use profanity in game reviews, user feedbacks and Games I Have listing.
  • Use Trade names or Trademarks in a manner that violates third party rights.
Misleading & Discouraging Payments
This policy applies to all User Submissions.
Violations of these policies may result in a range of actions, including:
  • Listing cancellation
  • Limits on account privileges
  • Account suspension
User that are involved in game trades/swaps and requests for exchanges cannot:
  • Commit to an exchange of an item without shipping or delivering the item.
  • Agree to the trade requests without serious intentions to complete the trade exchanges. Each trade acceptance is a binding contract.
  • Accept trade requests without reading the Comments of the user regarding their item that is being offered in exchange (when available).
All trade parties can continue an exchange transaction or offer to trade their games outside of the Site at their own discretion. In some countries trades might require specific license or written agreements for conducting trades or for other exchange transactions (the "Specific Licenses"). By using the Services you specifically confirm you have either obtained such Specific Licenses or that you are not subject to the requirement to achieve such Specific Licenses. SwapMyGames can not advice you if you are required to obtain Specific License and you urged to seek for independent legal advice in this matter. In any case by accepting the terms of use you agree to indemnify SwapMyGames from and against any damages and liability that may result from your failure to do achieve or to comply with the terms of any Specific License.

6. WEB COMUNICATIONS, POSTINGS

Services contains communication facilities that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users and/or with us and these are referred to in this Agreement as a "Post" or "Posting." SwapMyGames Services permits the submission of images or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, SwapMyGames does not guarantee any confidentiality with respect to any submissions. SwapMyGames reserves the right at all times, but does not have the obligation to edit, refuse to post, or to remove any Posting, in whole or part, that SwapMyGames deems inappropriate for any reason or for no reason. SwapMyGames may delete any Content that in the sole judgment of SwapMyGames violates this Agreement or which may be offensive, illegal or violate the rights including trade names and trade, harm, or threaten the safety of any person. SwapMyGames assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time SwapMyGames chooses, in its sole discretion, to monitor SwapMyGames Services, SwapMyGames nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You must take into account that your Postings will be read by others, with or without your knowledge or permission... Your Posting using the Services will become public and some cases permanent.

SwapMyGames does not endorse and has no control over the Content and SwapMyGames expressly disclaims any and all liability in connection with User Submissions. You understand that when using SwapMyGames Services, you will be exposed to User Submissions from a variety of sources, and that SwapMyGames is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You use the Services solely at your own risk, you are solely responsible for the Content that you post on or through any of SwapMyGames Services, and any material or information that you transmit to other Members and for your interactions with other Users. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SwapMyGames with respect thereto, and agree to indemnify and hold SwapMyGames, its owners and operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. SwapMyGames neither endorses nor controls user Postings available, delivered or displayed using SwapMyGames Services and SwapMyGames assumes no duty to monitor or endorse Postings, nor does SwapMyGames represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement and you should never rely upon any Posting as being true, accurate or reliable.

You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not us or SwapMyGames Services, are entirely responsible for the consequences of all your Postings on SwapMyGames Services. Postings do not reflect the views of SwapMyGames or any affiliates. In no event shall SwapMyGames or any affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the SwapMyGames Services; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on SwapMyGames Services. You retain all of your ownership rights in your User Submissions. If a Posting originates from you or your User ID, you hereby agree that:

(a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize SwapMyGames Services and its affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting SwapMyGames and its affiliates a royalty-free, worldwide, perpetual, irrevocable, unrestricted, unconditional, non-exclusive, transferable license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, in connection with SwapMyGames Services and SwapMyGames's (and its successors) business, including without limitation for promoting and redistributing part or all of SwapMyGames Services (and derivative works thereof) in any media formats and through any media channels, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise. You also hereby grant each user of SwapMyGames Services a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use.

(b) you represent and warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SwapMyGames to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use; the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or otherwise unlawful or inappropriate information, infringe or violate any copyright protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SwapMyGames all of the license rights granted herein, violate any other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use, (v) the Posting will not contain falsehoods or misrepresentations that could damage SwapMyGames or any third party, (vi) the Posting shall not be damaging or injurious to SwapMyGames, any of its affiliates or any user, (vii) you will not post advertisements or solicitations of business; (viii) you will not impersonate another person, and (ix) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;

(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant SwapMyGames and its affiliates the right to use such Posting as described above; and

(d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made). SwapMyGames does not permit copyright infringing activities and infringement of intellectual property rights on its Site. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. SwapMyGames will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. SwapMyGames reserves the right to remove Content and User Submissions without prior notice. SwapMyGames will also terminate a User's access to SwapMyGames Services, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. SwapMyGames also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SwapMyGames may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To contact SwapMyGames's designated Copyright Agent, please see the Notice and Procedure for Making Claims of Copyright Infringement in this document. The amount of storage space on SwapMyGames Services per user is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. SwapMyGames permits you to link to materials on the Site for personal, non-commercial purposes only.

You are solely responsible for your interactions with other SwapMyGames Members. SwapMyGames reserves the right, but has no obligation, to monitor disputes between you and other Members.

7. CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS

If you believe SwapMyGames Services contains elements that infringe your copyrights in your work, please go directly to our Notice and Procedure for Making Claims of Copyright Infringement and follow the procedures described.

If you believe that any Content on SwapMyGames Services (including, without limitation, any Posting) violates any of the terms or conditions of this Agreement, please submit your request via contact us page. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

8. ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners ("Advertisers") as a result of or in connection with your use of SwapMyGames Services or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). SwapMyGames will not be a party to or is in no way responsible for monitoring any transaction between you and an Advertiser. You should use your best judgment and exercise caution where appropriate.

9. RULES OF CONDUCT

Your use of SwapMyGames Services is subject to all applicable local, provincial, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. The following is a partial list of the kind of Content and activity that is illegal or prohibited to post on or through the Services. SwapMyGames reserves the right to investigate and take appropriate legal action against anyone who, in SwapMyGames's sole discretion, violates this provision, including without limitation, removing the offending communication from SwapMyGames Services and terminating the accounts of such violators; and/or reporting you to law enforcement authorities. Prohibited Content and/or activity include, but are not limited to Content and/or activity that, in the sole discretion of SwapMyGames are itemized below. You shall not use, allow, or enable others to use SwapMyGames Services, or knowingly condone use of SwapMyGames Services by others, in any manner that is, attempts to, or is likely to:

1) be libelous, patently offensive, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, sexually suggestive or sexually or violently exploitative, racially, culturally, or ethnically offensive, harmful, harassing or advocating harassment of another person, promoting bigotry, hatred or physical harm of any kind against any group or individual, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;

2) submit any Content that contains nudity, violence, or is of an offensive subject matter;

3) affect us adversely or reflect negatively on us, SwapMyGames, SwapMyGames Services, this Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of SwapMyGames Services, or from advertising, linking or becoming a supplier to us in connection with the SwapMyGames Services;

4) further or promote any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

5) promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

6) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

7) promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

8) use the Services in a manner inconsistent with any and all applicable laws and regulations;

9) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages and/or mass mailings, instant messaging, or so-called "spamming," "spimming," and "phishing";

10) use any information obtained from SwapMyGames Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Members from such advertising or solicitation;

11) You may not transmit any chain letters or junk email to other Users. SwapMyGames reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which SwapMyGames deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through SwapMyGames Services, you acknowledge that you will have caused substantial harm to SwapMyGames, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay SwapMyGames $50 for each such unsolicited email or other unsolicited communication you send through SwapMyGames Services;

12) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;

13) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;

14) forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;

15) cover or obscure the banner advertisements on your personal profile page, or any SwapMyGames Services' page via HTML/CSS or any other means;

16) any automated use of the system, such as using scripts to add friends, send contact messages, add items to have and want lists, etc.;

17) sell or otherwise transfer your profile;

18) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from Canada), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; no Software may be downloaded from the Services or otherwise exported or re-exported in violation of Canada and U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law;

19) gain unauthorized access to SwapMyGames Services, other users' accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to SwapMyGames Services or to use SwapMyGames Services in any manner which violates or is inconsistent with the terms and conditions of this Agreement;

20) use the account, username, or password of another User at any time or disclose your password to any third party or permit any third party to access your account; or attempt to impersonate another User or person;

21) solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; or solicit personal information from anyone under 18;

22) include a photograph or image of another person that you have posted without that person's consent;

23) contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

24) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of SwapMyGames Services or the rights or use and enjoyment of SwapMyGames Services by any other person, firm or enterprise; or

25) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of SwapMyGames Services, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

10. PROMOTIONS

From time to time, SwapMyGames, its affiliates, or SwapMyGames Services service providers, suppliers, and Advertisers may conduct promotions on or through the SwapMyGames Services, including, without limitation, auctions, and contests ("Promotions"). Each Promotion may have additional rules which will be posted or otherwise made available to you (the "Rules") and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement;

11. HYPERLINKS TO THIRD PARTY SITES

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on SwapMyGames Services or any other form of link or re-direction of your connection to, with or through SwapMyGames Services, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of SwapMyGames, its Affiliates or any of its or their respective officers, directors, employees, agents, representatives, licensors, suppliers, and service providers, successors and permitted assigns. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including the Privacy Policy), or any goods or services associated with or obtained in connection with any such site, whether SwapMyGames or any Affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement.

If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how SwapMyGames collects and uses your Personal Information and co-branding relationships.

These Terms of Use apply to all users of SwapMyGames Services, including users who are also contributors of video content, information, and other materials or services on the Site. SwapMyGames Services may contain links to third party websites that are not owned or controlled by SwapMyGames. SwapMyGames has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SwapMyGames will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve SwapMyGames from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave this Site and to read the terms and conditions and privacy policy of each other website that you visit.

12. TERMINATION OF YOUR REGISTRATION

You may terminate your registration and User ID, at any time and for any reason, by sending a request via the form on contact us page with your username, password, and e-mail address and requesting termination of your registration. We will use commercially reasonable efforts to promptly remove your registration from the SwapMyGames Services and the Site. We may terminate your use of and registration on SwapMyGames Services and this Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Termination of your registration will not relieve you from your undertakings under this Agreement.

13. DISCLAIMER AND LIMITATIONS OF LIABILITY

SWAPMYGAMES SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SWAPMYGAMES MAKES AND PROVIDES NO GUARANTY OR ASSURANCE SWAPMYGAMES SERVICES OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES. WITHOUT LIMITING THE FOREGOING, SWAPMYGAMES IS NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF YOUR USE OF SWAPMYGAMES SERVICES OR ANY SITES LINKED TO SWAPMYGAMES SERVICES 2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN 3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR 5) THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, FRAUDULENT, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING SWAPMYGAMES SERVICES AND THE FEATURES AND FUNCTIONS OF AND/OR ASSOCIATED WITH SWAPMYGAMES SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SWAPMYGAMES, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF SWAPMYGAMES SERVICES OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You further understand and acknowledge the capacity of SwapMyGames Services, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that SwapMyGames assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of SwapMyGames Services for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

SwapMyGames.com is controlled and offered by SwapMyGames from its facilities in Canada and the United States of America. SwapMyGames makes no representations that this Site is appropriate or available for use in all other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

14. INDEMNIFICATION

You agree to indemnify, defend and hold SwapMyGames, its affiliates, subsidiaries and its and their respective officers, directors, partners, employees, agents, licensors, representatives, Advertisers, service providers and suppliers harmless from and against: (i) any and all claims, actions, losses, expenses, damages, demand, obligation, liabilities, debt and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or resulting from your use of SwapMyGames Services and/or Postings and/or any Content you provide, submit or make available on or through SwapMyGames Services or your unauthorized use of any Content (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that one of your Postings caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the SwapMyGames Services.

SwapMyGames reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with SwapMyGames in the defense of any such claim, action, settlement or compromise negotiations, as requested by SwapMyGames.

15. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS

This Agreement, including, without limitation, our Privacy Policy, any Rules and any additional terms and conditions that apply to your use of any specific services, features and functions or the purchase of any products, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated by this reference, contains the entire understanding and agreement between you and SwapMyGames and supersedes any and all prior, inconsistent or other understandings relating to SwapMyGames Services and your use of SwapMyGames Services. This Agreement cannot be modified, changed or terminated, except as specifically described in Section 2. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of SwapMyGames Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Agreement and your use of SwapMyGames Services shall be governed by, construed and enforced in accordance with the substantive laws of the Province of Ontario applicable to contracts made, executed and wholly performed in that Province, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Province and Federal Courts situated in the Province of Ontario and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenience or otherwise; provided, however, that notwithstanding the foregoing, you agree that SwapMyGames has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF SWAPMYGAMES SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND SWAPMYGAMES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright © 2009 SwapMyGames.com Inc. - All Rights Reserved.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on SwapMyGames Services should be sent ONLY to our Designated Agent. NOTE: The following information is provided solely for notifying the service providers referenced below that your Copyrighted material may have been infringed.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent: Service Provider(s): SwapMyGames.com Inc.

Name of Agent Designated to Receive Notification of Claimed Infringement:
Alex Smirnov. 388 Richmond St. W, Toronto, ONTARIO, Canada, M5V3P1
Telephone Number and Facsimile Number of Designated Agent can be requested via contact us form.

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Webmaster through contact us page. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

(2) Identification of the copyrighted work (or works) that you claim has been infringed;

(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);

(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;

(5) Your name, address, telephone number, and e-mail address;

(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.