ACCEPTANCE OF TERMS OF SERVICE
Thank you for visiting DISCSWAP.COM. Please read these Terms of Use ("Terms") carefully before accessing or using this website ("Site"). By accessing or using the Site, you agree to be bound, without limitation or qualification, by the Terms. If you do not accept any of the Terms stated here, do not use the Site. DISCSWAP.COM may, in its sole discretion, modify or revise these Terms at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. In addition, your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

ACCEPTABLE SITE USE
By entering DISCSWAP.COM, you certify the following information and understand that we are relying on such certification and agreement to these terms of service for allowing entry into the site. You hereby certify under sworn declaration, under penalty of perjury the following:

1. That you are 18 years of age or older;
2. That you are familiar with all local laws in your State or governing area affecting the trading of legal, licensed media materials.
3. That you have the legal right to access adult-oriented materials and DISCSWAP.COM has the legal right to transmit them to you; that you are requesting adult-oriented materials for your own private enjoyment and that you will never share these materials with a minor or in ANY WAY make these materials available to a minor.

DISCSWAP.com is to be used solely for the trading of legal, licensed media. By using this site you have agreed that all Discs in your inventory, made available at this site, do not, in any way, infringe upon the copyright, trademark or other rights of third parties.

DISCSWAP.COM is a Venue.
Because we are only a venue, in the event that you have a dispute with other users, you release DISCSWAP (and the officers, directors, shareholders, affiliates, agents, subsidiaries, joint ventures and employees of Discswap, Inc.) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you hereby acknowledge that you are familiar with, and waive any and all rights under California Civil Code §1542. California Civil Code §1542 provides as follows: "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."

We use many techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, DISCSWAP cannot and does not guarantee each user's purported identity and cannot ensure that a member of DISCSWAP will actually complete a transaction. DISCSWAP offers multiple levels of protections to help make your trading experiences positive ones. First, we have established the SWAP RATING: a user-initiated feedback system to help you evaluate those with whom you are trading before initiating or accepting a trade.
The SWAP Rating is established solely by users of DISCSWAP.COM and DISCSWAP makes no representations or warranties regarding the validity or accuracy of such ratings. In addition, DISCSWAP accepts no responsibility for the ratings assigned to any member or any impact it may have on such users ability to execute trades on this site.

NON-SHIPMENT PENALTY
To protect the members of DISCSWAP from member’s who don’t ship their DVD after completing a successful trade, each member of DISCSWAP agrees to a $10 Non-Shipment Penalty charged to their credit card if it is found that after completing a trade, said member does not ship their DVD, as agreed.

After completing a successful trade each member will receive a completed USPS shipping label complete with USPS Delivery Confirmation. All properly shipped DVD’s will be entered into the USPS Tracking System at the point of departure.

If you do not receive your Disc within 10 business days of a successful trade, contact DISCSWAP Customer Service via our Email link: customerservice@discswap.com

DISCSWAP will verify all tracking and transaction information pertaining to your trade.
Non-Shipment penalties will only be assessed if DISCSWAP discovers that a member’s Disc was not shipped and therefore not issued a departure scan at a United States Post Office within 10 business days after the date the trade was executed. No penalty, warranty or guarantee will apply to any Disc “lost in the mail” after being properly shipped and scanned by the USPS.
All proceeds of such $10 Non-Shipment Penalty shall be retained by DISCSWAP to cover the costs incurred by DISCSWAP in investigating such transactions. No user shall receive any portion of the $10 Non-Shipment Penalty or any other consideration or remuneration in connection with any unsuccessful trade.By agreeing to the terms of this site you agree to be bound by the application of such $10 Non-Shipment Penalty in the discretion of DISCSWAP.

TRADES AND OFFERS
As a user of DISCSWAP, you are obligated to complete all trades/transactions that are properly initiated and/or accepted by you.

Listing Description. You must hold title and have the legal right to trade the item(s) you list for trade on our site at the time such item is listed on the site. You hereby agree to accurately describe your item using the DISCSWAP description rating system in the INVENTORY section of the SWAP BOX. All items listed for trade must be listed in an appropriate category.

Accepting Offers on an Item for Trade.
By accepting a trade offer presented through DISCSWAP by another member you are, by description, the Acceptor.
As Acceptor, you are obligated to complete the transaction with the Presenter: By accepting a trade offer on an item, you agree to be bound by the conditions of the trade included in the item's description provided that such conditions are not in violation of this Agreement or unlawful.

Accepted Offers may not be cancelled except in exceptional circumstances (such as: when the presenter materially changes the item's description or a clear typographical error is made.)

If you choose to trade adult oriented or materials or items that are restricted to adult use, you hereby certify that you have the legal right to purchase, sell and possess such items.

Furthermore you certify that you have full transferable rights and license to the item or items you are offering, and upon completing the transaction, you will surrender all rights and license to aforementioned item to your fellow trader.
Presenting an Item for Trade.

By Presenting a trade offer through DISCSWAP to another member you are, by description, the Presenter.

As Presenter, you are obligated to complete the transaction with the Acceptor: By presenting a trade offer, you agree to be bound by the conditions of the trade included in the item's description provided that such conditions are not in violation of this Agreement or unlawful.

Presented Offers may not be cancelled after they have been accepted except in exceptional circumstances (such as: when the Acceptor materially changes the item's description or the description of the Disc they have proposed to trade or a clear typographical error is made.)

If you choose to trade adult oriented materials or items that are restricted to adult use, you hereby certify that you have the legal right to purchase, sell or possess such items.

Furthermore you certify that you have full transferable rights and license to the item or items you are offering, and upon completing the transaction, you will surrender all rights and license to aforementioned item to your fellow trader.

Fraud. Without limiting any other remedies, DISCSWAP may unilaterally elect to suspend or terminate your account if we reasonably suspect that you have engaged in fraudulent activity in connection with our site.

Your Information.
Definition. "Your Information" is defined as any information you provide to us or other users in any forum, including, but not limited to, the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Restricted Activities. Your Information (or any items listed therein) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the DISCSWAP.COM and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for trade or sale on a web site other than DISCSWAP. Furthermore, you may not list any item on the site (or consummate any transaction that was initiated using our service) that, by paying to us any fees, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.

License. Solely to enable DISCSWAP to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. DISCSWAP will only use Your Information in accordance with our Privacy Policy.

Access and Interference.
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the DISCSWAP site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to DISCSWAP by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of DISCSWAP or the appropriate third party.

Feedback.
If you earn a net Swap Rating of less than 2.0, your membership may be suspended, and you may be unable to list or bid.

Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by DISCSWAP, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between DISCSWAP users, you agree that you shall not market or export your DISCSWAP Swap Rating in any venue other than an DISCSWAP operated website.

Import. We do not provide you the technical ability to import feedback from other (non- DISCSWAP operated) websites to DISCSWAP.COM because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

Breach.
Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide any services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

10. Privacy.
We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available on DISCSWAP.COM. If you object to your Information being transferred or used in this way please do not use our services.

No Warranty.
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE OR WILLFULL MISCONDUCT).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AGGREGATE OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, shareholders, agents, and employees, harmless from any and all actions, causes of actions, losses, fines, claims, demands, or other costs including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Compliance.
You hereby agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

No Agency.
You and DISCSWAP are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices.
Except as explicitly stated otherwise, any notices shall be sent by email to legal@ discswap.com, this address may not be used except for user legal concerns or matters, any other use is considered abuse or spam and subject to the laws governing this in the state of California. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to DISCSWAP during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by DISCSWAP to collect our fees and/or recover damages for, or obtain an injunction relating to, the DISCSWAP site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or DISCSWAP may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California necessary to protect the rights or property of you or DISCSWAP pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs.

General.
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by DISCSWAP, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.4 (Release), 6.3 (License), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Arbitration) shall survive any termination or expiration of this Agreement.

Additional Terms.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site.

Disclosures.
The services hereunder are offered by DISCSWAP. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of WorldVillage.com's Internet site, services, or policies. DISCSWAP.COM is not affiliated with WorldVillage.com.

Beta Test.
All Beta testers understand DISCSWAP.COM is in beta test, and may not function correctly, or may generate unexpected results. All Beta testers will be required to respond fully to a DISCSWAP feedback form at the conclusion of the beta test. The feedback form will be offered only on the Internet via DISCSWAP website and must be completed within 15 days of the close of the beta test. The beta test close date will be clearly posted on all pages of the DISCSWAP website, and all users will receive an email notifiying them no later than seven days to the close of the Beta test.