User Agreement
Please review the following document to familiarize yourself with the
terms under which SwarmBuy allows you access to our site and services.
To protect SwarmBuy, our Users, and our Sellers it is necessary that
you agree to all of the terms and conditions outlined in this document.
Unfortunately some of it is probably a very dry and boring read, but as
with all legal documents one should slog onward to determine if there
are any disagreeable clauses. At any rate, it's just as boring and
uninteresting to write :)
This agreement is effective from July 8th, 2007 and onward until such
time as a revision is published. Upon a revision being published you
may choose to accept the revision or discontinue use of the sites and
services provided by SwarmBuy.
A. Definitions
For the purpose of this document the following definitions and their
plural forms are used to maintain brevity and clarity:
1) SwarmBuy is defined as the entity or entities having ownership
over the SwarmBuy sites and services.
1) Site is defined as any of the SwarmBuy sites.
2) Service is defined as any of the SwarmBuy sites or services.
3) User is defined as any person or entity making use of a
Service.
4) Buyer is defined as any User engaged in an Order with a Seller
for any Offer.
5) Seller is defined as any User that has put forth an Offer.
6) Swarm Point is defined as the main rallying point for Users
around any product or service registered for swarming.
7) Swarm is defined as the aggregation of Users around any
product or service offered up as a Swarm Point.
8) Offer is defined as any description of products, services, and
any other criteria deemed necessary by a Seller to encourage
Users to make an Order.
9) Order is defined as a User's interest in a Seller's offer as
determined by a user attaching an order to a Seller's Offer.
B. Agreement
1. When using the Services you will not:
a) use our Sites if you are unable to form a legally binding
contract, are below the age of 18, or have been suspended
(permanently or otherwise) from using our Sites;
b) post content or images to inappropriate areas of the site;
c) post copyrighted content or images for which you do not have
copyright permission;
d) post content or images that violate any laws, third party
rights, or our policies;
e) attempt to post any content or sell any items as deemed
inappropriate by Google's AdSense policy;
f) post content or images that are false, inaccurate,
misleading, libelous, or defamatory;
g) post spam;
h) fail to pay for an Order that you have confirmed unless you
are unable to authenticate the Seller's identity;
i) fail to deliver an Order for which you have received
payment;
j) attempt to circumvent, game, or otherwise undermine the
integrity of the feedback and rating system;
k) transfer your account or your account's login details to
another entity without our expressed written permission;
l) attempt to harvest or collect information about our Users;
m) attempt to use any User's personal information for any use
that violates our privacy policy;
n) generate unreasonable, inappropriate, or disproportionate
load upon our Services;
o) cause disruption of our Services or in any way attempt to
interfere with the the normal working of our Services or
activities conducted via our Services;
p) bypass any robot directives or other measures put in place
to restrict access to the Services;
q) copy, reproduce, modify, distribute, publicly display, or
create derivative works from any content found on our site,
with exception to your own information, without our
expressed written permission and, as may be applicable,
that of any other third-party.
2. Failure to act in accordance with the rules of this agreement,
or in the spirit of this agreement, may result in any of the
following actions being taken against your account:
a) decreased access to our Services;
b) temporary or permanent suspension of your account;
c) legal action.
3. SwarmBuy reserves the right to terminate any account for any
reason at its sole discretion.
4. SwarmBuy respects your privacy and will not sell or rent your
information to third parties without your consent. With
exception to your username and general regional information,
other personal data that you provide is not made available to
other users of the site, unless the other user is a seller from
whom you have agreed to make a purchase. Information provided
as part of the seller registration is made available to the
public so that they can verify your legitimacy for themselves.
A limited exception to this rule is your seller email address,
which is only visible to logged in users.
5. SwarmBuy respects the copyrights and trademarks of others and
will remove any infringing content as quickly as possible upon
notification of infringement by the copyright holder.
6. SwarmBuy allows Sellers to post prices in their native
currency. When Users view various information pertaining to
prices they will usually see the information in their native or
preferred currency. In some areas both values will be present,
the actual price in its originating currency, and the price in
the user's preferred currency. SwarmBuy Users are responsible
for the prices in the originating currency of the price.
Preferred currency is merely for convenience. Currency
conversions are performed automatically and hopefully will be
reasonably up to date.
7. Currently most services at SwarmBuy are free to both Users and
Sellers. This may change in the future depending on
infrastructure costs (although we hope it won't). Users will be
given a minimum of 14 days notice in the event that new fees are
added. Such fees will not apply to existing Offers.
8. All SwarmBuy fees are quoted in Canadian dollars (CAD). You are
responsible for paying all fees and applicable taxes associated
with the Services using a valid payment method. If your payment
method fails (such as a retraction) or your account is past due,
we may attempt to collect fees owed using other less savoury
collection mechanisms (such as collection agencies, etc).
9. When you provide content, you grant SwarmBuy a worldwide,
non-exclusive, perpetual, irrevocable, royalty-free, and
sublicensable (via any number of tiers) right to exercise the
copyright, publicity, and database rights (but no other rights)
you have in the content, in any media currently known or
available in the future.
10. You will not hold SwarmBuy responsible for the actions or
inactions of Users of the Services. You understand and
acknowledge that items and services not explicitly stated as
being sold by SwarmBuy are are not sold by SwarmBuy. Such items
and services are sold by the Sellers who have created specific
offers for such items or services. SwarmBuy is not involved in
the actual sales transaction between Buyer and Seller and we
have no control over the accurateness of information provided
by Sellers and Buyers. Validated addresses and phone numbers
do not guarantee authenticity, they are merely an indication that
the account holder was reached at the validated destination.
11. The legal ramifactions for engaging in a sale between a Buyer
and a Seller are entirely the responsibility of the Buyer and
the Seller. You understand that you are responsible for your
role in any such transaction. Responsibilities may include, but
are not limited to, acknowledgement of any and all laws that
are applicable to you when engaging in sales (such as
municipal, state, provincial, national, international, etc.).
SwarmBuy cannot guarantee the continuity or security of our
Services since such Services may be interfered with by numerous
element outside of our control. As such we exclude all implied
warranties and terms and conditions to the maximum extent
permitted by law. We are not liable for the loss of any money,
resources, goodwill, or reputation. Additionally, we are not
liable for for any special, indirect, or consequential damages
arising out of your use of our Services. If somehow, amazingly,
beyond all hope we are found to be liable, our liability to you
or any other party is limited to the greater of:
a) the total fees payed by you to us in association with
the liability;
b) 0.01 CAD.
12. If you have a dispute with one or more Users, you release
SwarmBuy (and all associated entities) from any and all claims,
demands, and damages arising out of, or in any way connected
with, such disputes.
13. You agree to indemnify SwarmBuy and hold us harmless from any
and all claims and demands arising from any of the following:
a) any breach of this agreement;
b) any violation of any law;
c) any violation of the rights of a third party.
14. You understand that acceptance of this agreement in no way
creates any relationship between SwarmBuy and yourself that
goes beyond you simply being a User.
15. In the event of a dispute arising between you and SwarmBuy we
ask that you contact us directly via our contact area. In the
event that a resolution cannot be obtained directly we will
consider requests to resolve the dispute through reasonable
venues. In the event of litigation you agree that all such
action must be resolved in a court located in Ontario, Canada
except as otherwise expressed in writing by SwarmBuy.
16. You understand that from time to time there may be outages or
data loss that are beyond our control. In the event of such
outages or data loss you agree to release SwarmBuy from any
responsibility for consequences arising from such outages or
data loss.
17. If any provision of this Agreement is found and held to be
invalid or unenforceable, such provision shall be struck from
the agreement and the remaining provisions shall retain their
efficacy and be enforced.