The information contained in this archive is provided 'as is' without warranty of any kind. The entire risk as to the results and the performance of the information is assumed by the user, and in no event shall Swaplogic Inc. be liable for any consequential, incidental or direct damages suffered in the course of using the information in this archive. Use of the information contained in this archive are governed by their respective license agreements and may contain restrictions on use.
The information contained in this website is for general information purposes only. The information is provided by "Swaplogic" and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.
Through this website you are able to link to other websites which are not under the control of "Swaplogic". We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, "Swaplogic" takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
Welcome to Swaplogic.com. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Swaplogic's relationship with you in relation to this website.
The term "Swaplogic" or "us" or "we" refers to the owner of the website, Swaplogic Inc., a Canadian Corporation operating in the province of Ontario. The term "you" refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without [business name]'s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Canada.
The User Agreement below is effective for all users on January 16, 2008.
Welcome to the User Agreement for Swaplogic Inc. (the "Agreement"). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and subdomains of www.swaplogic.com (the "Site") and the general principles for the websites of our parent, subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use the Site or access our services.
If you have any questions please refer to our User Agreement Frequently Asked Questions or our User Agreement Revision Frequently Asked Questions.
You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Swaplogic. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an Swaplogic user. Please note that underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other Swaplogic websites will be governed by the user agreement and privacy policies posted on those websites.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. In addition, we will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and Swaplogic Inc. This agreement is effective upon acceptance in registration for new registering users and is otherwise effective on January 16th, 2008 for all users registered.
Certain taxes and government charges may be payable in relation to any given Swaplogic transaction. We accept no responsibility for such taxes and other government charges on transactions on the Site.
Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user authentication on the Internet is difficult, Swaplogic cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential counterparties through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Release. Because we are a venue, in the event that you have a dispute with one or more users, you release Swaplogic (and our parent and its subsidiaries and joint ventures and all such person's, officers, directors, agents and employees) from 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.
Information Control. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe negotiation when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence. By using this Site, you agree to accept such risks and Swaplogic is not responsible for the acts or omissions of its users.
Contracts Drafted on Swaplogic. If you create a Contract on Swaplogic, you are not obligated to enter into a contractual obligation until the counterparty agrees and accepts the terms presented in the contract. If you receive a Contract offer on Swaplogic, you are not obligated to enter into a contractual obligation until you accept the terms presented in the Contract.
Responses to Bids Posted on Swaplogic. If you create a Bid on Swaplogic, this does not obligate you to enter into a contractual obligation with any member who responds. You may also enter into multiple contractual obligations with seperate members relating to the same original Bid. If you respond to a Bid on Swaplogic, you are not guaranteed that the creator of the Bid will enter into a contractual agreement with you. The Bid creator may choose not to transact with you and in turn will decline your Contract Invite.
Responses to Asks Posted on Swaplogic. If you create an Ask on Swaplogic, this does not obligate you to enter into a contractual obligation with any member who responds. You may also enter into multiple contractual obligations with seperate members relating to the same original Ask. If you respond to an Ask on Swaplogic, you are not guaranteed that the creator of the Ask will enter into a contractual agreement with you. The Ask creator may choose not to transact with you and in turn will decline your Contract Draft.
Fraud. Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site.
Rights Ownership. Listed items cannot infringe upon the copyright, trademark or other rights of third parties. Members can report listings offering infringing items, and request that such items be removed. Rights owners may have limited access to some of your personal information as described in the Privacy Policy.
Restricted Activities. Your Information (or any items or services listed) 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 Mature Audiences section 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 identical to other items or services you have up for sale but are priced lower than your item's or service's listed price; (cc) are concurrently listed for sale on a web site other than Swaplogic's (this does not prevent linking to or advertising an Swaplogic item from another web site); or (dd) you do not have a right to link to or include. 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 the listing fee or the final value fee, 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 us 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, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. You also waive all moral rights you have in such information. We will only use Your Information in accordance with our Privacy Policy.
Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by us, 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 transactions between Swaplogic users, you agree that you shall not market or export your Swaplogic feedback rating in any venue other than an Swaplogic operated website.
Import. We do not provide the technical ability to allow you to import feedback from other (non-Swaplogic operated) websites to Swaplogic because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than US$5,000, you or Swaplogic may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by an Arbitrator selected by Swaplogic, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Toronto, Ontario, Canada or where the defendant is located (in our case Toronto, Ontario, Canada, and in your case your home address or principal place of business). You and Swaplogic agree to submit to the personal and of the courts located within the city of Toronto, Ontario, Canada.
Alternative Dispute Resolution. Alternatively, Swaplogic will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Toronto, Ontario, Canada or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to US$1500, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to service you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
Disputes between you and Swaplogic regarding our Site may be reported to Customer Support. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general or a certified mediation or arbitration entity.
The privacy practices of this statement apply to our services available under the domain and sub-domains of Swaplogic and apply generally to our parent, subsidiaries and joint venture websites whose specific privacy policies are available on their respective websites. By visiting this website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree, please to not use or access our Site.
By accepting the Privacy Policy and User Agreement in registration, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the Swaplogic User Agreement. This Privacy Policy is effective upon acceptance in registration for new registering users, and is otherwise effective on January 16, 2008 for all users.
In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to use our Site, we may require you to provide contact and identity information, billing information, shipping information and other personal information as indicated on the forms throughout the Site. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature.
Under some circumstances, we may require some additional financial information. We use your financial information, including credit card information to verify the accuracy of your name, address, and other information, as well as to bill you for your use of our services.
We automatically track certain information about you based upon your behaviour on our Site. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on our Site or not), which URL you next go to (whether this URL is on our Site or not), your computer browser information, and your IP address.
We use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie." We also use "cookies" allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our Site and you may be required to re-enter your password more frequently during a session.
Additionally, you may encounter "cookies" or other similar devices on certain pages of our Site that are placed by third parties. For example, if you view a web page created by a user, there may be a "cookie" placed within that web page. We do not control the use of cookies by third parties.
If you choose to create any content on the Site (including, but not limited to, Bids, Asks, Contracts, Bios, Comments, Uploading Multimedia Content, Voting, Bios, Feedback or otherwise adding to your or another member's profile), we collect information about your content creation behaviour. We also collect other users' comments about you in our feedback area.
If you choose to post messages in any of our message areas or leave feedback for other users, we will collect that information that you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.
If you register for Swaplogic on another web site or use a web site providing a service for Swaplogic or a web site that helps facilitate your activity on Swaplogic, that web site may provide personal information about you and your transactions back to Swaplogic.
If you choose buy credits or any other products or services offered by Swaplogic, or otherwise provide us your financial information, we use your address and financial information to bill you and provide associated support.
You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze Site usage, to improve our content and product offerings, and to customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.
You agree that we may also use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications on the notification preferences. You may make changes to your notification preferences at any time.
Advertisers. We aggregate (gather up data across all user accounts) personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, and financial information are not disclosed to these third parties in a personally identifiable manner without your explicit consent.
Swaplogic Community. Your User ID is displayed throughout the Site, and is therefore available to the public. All of your activities on the Site will be identifiable to your User ID. Other people can see your Bids, Asks, Contracts, Bios, Comments, Uploading Multimedia Content, Voting, Bios, Feedback or otherwise adding to your or another member's profile and so on. Therefore, if you associate your name with your User ID, the people you have revealed your name to will be able to personally identify your Swaplogic activities. Although our pages are coded with robot exclusion headers, others may attempt to automatically collect your email address from our Site. We also provide a number of ways to allow other users to find out more about you and your Site activities such as our feature that allows users to quickly see all of the items you are offering at the time. If you are involved in a contract negotiation, we have features that restrict other users from viewing your email address and other contact information. Further, we may send out notices to you or other community members regarding suspicious activity or policy violations on the Site.
External Service Providers. There are a number of separate services offered by third parties that we refer to as external service providers that may be complimentary to your use of the Site (e.g., listing agents, escrow, authentication, mediation, shipping, packaging). If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. We do not disclose your personal information to external service providers unless you provide your explicit consent. With your consent we may provide some of your personal information to the external service provider offering such services, for your convenience. To prevent our disclosure of your personal information to an external service provider, you can decline such consent or simply not to use their services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services. Users who register on an Swaplogic co-branded web site grant Swaplogic permission to pass your email address back to that co-branded web site. The use of your email address by the co-brand web site is limited by their applicable privacy policy.
Internal Service Providers for Our Operations. We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you (e.g. search technology, discussion boards, bill collection) and therefore we may provide some of your personal information directly to these internal service providers. These internal service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the personal information we provide them for any other purpose except to facilitate the specific outsourced Swaplogic related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your information is governed by their applicable privacy policy.
Other Corporate Entities. We share much of our data, including personal information about you, with our subsidiaries and joint ventures that are committed to serving your contract related needs and related services, throughout the world. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users. Our subsidiaries and joint ventures follow privacy practices no less protective of all users than our practices described in this document, to the extent allowed by applicable law. Swaplogic, its subsidiaries, its joint ventures, or any combination of such, will share some or all of your personal information with another business entity should we plan to, merge with, or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice to that event.
Legal Requests. Swaplogic cooperates with law enforcement inquires, as well as other third parties to enforce laws such as: intellectual property rights, fraud and other rights, to help protect you and the Swaplogic community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorized us to) disclose your name, city, province, telephone number, email address, UserID history, fraud complaints, and website activity history without a subpoena. However, in an effort to balance your right to privacy and the ability to keep the community free from bad actors, we will not disclose additional information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when the additional disclosure of information is necessary to prevent imminent physical harm or financial loss.
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
By entering into our User Agreement, you agree that, with respect to other user's personal information that you obtain through the Site or through an Swaplogic-related communication or Swaplogic-facilitated transaction, Swaplogic hereby grants to you a license to use such information only for: (a) Swaplogic-related communications that are not unsolicited commercial messages, (b) using co-branded services offered through Swaplogic, and (c) any other purpose that a such user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personal information about another user to any third party without our consent and the consent of that user. You agree that other users may use your personal information to communicate with you in accordance with this Section. Note that law enforcement personnel and other rights holders are given different rights with respect to information they access.
Swaplogic and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Swaplogic user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent. To report Swaplogic related spam to Swaplogic, please contact us using this link.
If you do send an email using one of our services to an email address that is not registered on our Site, we do not use that email address for any purpose other than to send your email. We do not rent or sell these email addresses.
Upon your request, we will deactivate your account, contact information, billing information, shipping information and financial information from our active databases. To make this request, please contact us through this page. Such information will be deactivated as soon as reasonably possible based upon your account activity and in accordance with our deactivation policy and applicable law.
We will retain in our files some personal information you have requested to remove to prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement and comply with legal requirements as is permitted by law. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests. However, such personal information will be deactivated from public and member viewing and will only be available to select Swaplogic personal.




