The Ashland KY Swap Club Web Site (the "Site") is an online information service provided by communities.cyclos.org. ("AKYSC"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. AKYSC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are AKYSC, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to AKYSC a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, read, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public or private areas of the Site (such as listings, comments, messages, feedback, bulletin boards, forums and newsgroups) or by e-mail to AKYSC by all means and in any media now known or hereafter developed. You also grant to AKYSC the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against AKYSC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to AKYSC.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of AKYSC. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
By joining this Site, you become a member of Ashland KY Swap Club . Each member lists items he or she is willing to give away for free. Upon signup, you may receive a certain number of free credits for use in the marketplace (limit one set of free credits per user). For each item that you give away, you can earn a certain number of credits based on the outcome of your agreement. With your credits, you can use on products/services in the marketplace from other members, who will either arrange for a local pickup or ship them to you at either your expense or theirs.
When other members agree to your terms on what you listed, their credits are automatically transferred to your account or held in "pending" status by AKYSC until items are delivered.
You agree not to post content or listings in an inappropriate category or areas of the site.
You agree not to violate any laws, third party rights or our policies.
You agree to deliver items agreedupon from you, unless the other member fails to meet the terms in your listing or you cannot authenticate the interested members identity.
You agree not to manipulate the price or interfere with any listings.
You agree not to post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
You agree not to promote your referral links or the Site using SPAM or deceptive tactics.
You agree not to distribute or post SPAM, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
You agree not to collect information about others, including email addresses, names, listings, etc. without their consent.
At present, Site membership is free, but we may institute a charge at some point in the future to defray the cost of providing this valuable service. If we do add any fees, you will be given plenty of notice and have the opportunity to accept or decline the charges.
You understand that, except for information, products or services clearly identified as being supplied by AKYSC, AKYSC does not operate, control or endorse any information, products or services on the Internet in any way. Except for AKYSC- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with AKYSC. You also understand that AKYSC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. AKYSC PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND AKYSC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. AKYSC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. AKYSC HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL AKYSC BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF AKYSC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, AKYSC LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
AKYSC makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-AKYSC web site, please understand that it is independent from AKYSC, and that AKYSC has no control over the content on that web site. In addition, a link to a AKYSC web site does not mean that AKYSC endorses or accepts any responsibility for the content, or the use, of such web site.
3. Membership Eligibility
This Site may be used only by persons of adult years of age or older. AKYSC makes no representations whatsoever regarding the suitability of any items exchanged through this Site.
One Account per Person, Maximum of Two Accounts per Address or Household
No individual is permitted to have more than one single account at any time. No more than one account is permitted per computer. No more than two accounts are permitted per address or household.
Registration in Own Name
Accounts may be registered only by the individual seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. AKYSC prosecutes fraud to the fullest extent of the law.
Your account and credits are not transferable outside of legitimate transactions on AKYSC.
4. Exchanged Material
By using this Site, you agree to participate in the free exchange of personal property.
Listing or Posting
By listing or posting items to give away, you aver that you have the unrestricted right to transfer ownership of the items. The posting or listing of items without the intention of giving them away when requested is expressly prohibited and may constitute wire or mail fraud in violation of U.S. and state law.
You agree that all items posted and shipped are legal and do not infringe any intellectual property rights, including but not limited to copyrights, trademarks, and patents.
Sexually explicit, pornographic, or obscene material
You agree not to post or ship any items of a sexually explicit, pornographic, or obscene nature.
Items in violation of law
You further agree that you will not post or ship any items in violation of the laws or regulations of any state, city, county, parish, township, municipality, federal agency, or other governmental entity.
No Site Review
You understand that AKYSC cannot review items posted to the Site. You agree to assume full responsibility for any items posted to your account and bid on by you. You agree to indemnify and hold AKYSC harmless for any violations of law or regulation that arise in connection with the posting to your account of items resulting in civil or criminal liability.
By giving away or shipping a requested item, you are transferring all ownership rights that you may have in such item and forever waive any claims thereto. Items given away through this service become the sole property of the recipient with no obligation to re-list the item.
5. Shipping and Pickups
You agree to respond to all valid requests to ship or pickup items in a timely manner. Failure to promptly arrange for shipping or pickup of items may result in a forfeiture of credits. You agree to work out shipping expenses with the other member outside of the Site. AKYSC is not responsible for any lost shipping expenses and cannot refund or help recover shipping expenses for any reason, including lost or stolen items, damaged items or non-shipment.
Lost or Damaged Items
AKYSC is not responsible for any item that is shipped by a member and is lost or damaged in the shipping process. Items lost or damaged in transit are the sole responsibility of the shipping member. In the event that there is a dispute between members regarding the shipment or condition of an item, AKYSC will attempt to mediate the dispute and may, in its sole discretion, grant credits or other compensation to members who have shipping or condition problems.
Members making inappropriate reports of damaged or lost items may be subject to credit forfeiture and/or account suspension, in the sole discretion of Site.
6. Credit Accounts And Licensing
Each AKYSC credit is a virtual token that represents a contractual permission from AKYSC to access features and services of the Site. Credits are purchased or distributed at AKYSC's discretion and are not redeemable for monetary value from AKYSC.
The Site includes a component of virtual tokens ("Credits"), each of which constitutes a limited license permission to use features of the Site as set forth below. AKYSC may charge fees to acquire or use Credits from time to time, and these fees may change at any time.
When you receive a Credit, AKYSC hereby grants you a limited license ("Credit License") to use the Credit as a virtual token to be held, bartered, traded and/or transferred on the Site with other users (and/or AKYSC), in exchange for permission to access and use content, applications, services, and various user-listed items, in accordance with these Terms of Service. The Credit License is transferable by the holder to any other user, provided that both users comply with these Terms of Service and maintain their accounts in good standing. Except as expressly permitted by this Agreement or otherwise expressly permitted by AKYSC, the Credit License may not be sublicensed, encumbered, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any attempted disposition in violation of these Terms of Service is null and void. AKYSC may revoke the Credit License at any time without notice, refund or compensation in the event that: (i) the Credit program is suspended or terminated; (ii) AKYSC determines that the account holder has committed fraud or other illegal conduct; (iii) AKYSC imposes an expiration date on usage of Credits in compliance with applicable laws and regulations; (iv) the holder's Account is terminated for violation of these Terms of Service; or (v) the holder ceases to maintain an active account or terminates this Agreement.
You acknowledge that Credits are not real currency or any type of financial instrument and are not redeemable for any sum of money from AKYSC at any time. You agree that AKYSC has the right to manage, regulate, control, and/or modify the license rights underlying such Credits as it sees fit and that AKYSC will have no liability to you based on its exercise of this right. AKYSC makes no guarantee as to the nature, quality or value of the features of the Site that will be accessible through the use of Credits, or the availability or supply of Credits.
When you respond to and agree on listers terms of a listing, your amount in Credits will be subtracted from your credit account. When another user agree on your listing terms, you get the amount in Credits added to your credit account. Credits may also be purchased for a fee from Site.
Swap Credits Loans - Members wishing to apply for a loan will be required to submit a loan application, financial statement, credit agreement, promissory note or equivalent collateral. The applicant will be required to personally guarantee repayment of such loans. Approval of any Swap Credit(s) loan is solely at the discretion of AKYSC and AKYSC is under no obligation to extend credit. Any account in a swap credit deficit will be charged interest of 1% per month in swap credit. Member grants to AKYSC the right and power to make Swap Credit loans to any member on terms and conditions consistent with the members’s credit worthiness and ability to repay. While operating with such a loan in effect, Member must accept all Swap Credit exchanges at 100% Swap Credit until such deficit has been repaid. Violation of this clause will make the loan immediately due and payable in cash.
An account may be deemed "dormant" when no items have been listed or bids placed within any 1 year period. Dormant accounts may be closed and any accumulated credits forfeited without compensation to the account holder.
You agree to indemnify, defend and hold harmless AKYSC, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
8. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 7 (Indemnification) are for the benefit of AKYSC and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service),7 (Indemnification), 8 (Third Party Rights) and 10 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of United States of America applicable to agreements made and to be performed in United States of America. You agree that any legal action or proceeding between AKYSC and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. AKYSC's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. AKYSC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.