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Terms of Use

1. Introduction
To avoid misunderstandings and disputes, you must agree to certain restrictions on the use of our facilities. Before you use any of our processes other than accessing the descriptions of them on our Home Page, you will be asked to accept these Of Use. TO AVOID BEING BOUND TO THESE , SIMPLY DO NOT USE OUR WEB SITE OR SERVICES.

2. Changes To Conditions Of Use
We reserve the right to make changes to these Conditions with or without notice to you in our sole and absolute discretion. Such changes will supercede any earlier version and be made by modifying this display of Conditions Of Use on our web site, a link to which is located at the bottom of each page on the site and will become effective as soon as displayed, except that any change to these Conditions or our services that increase subscribers' costs you have agreed to pay or reduce subscribers' services that we have agreed to provide will be displayed prominently on the Members' home pages for 30 days prior to the effective date of any such change. By agreeing to abide by these Conditions of Use, you must also agree to be bound by any such changes by using our subscribers' services after such changes are displayed.

3. Privacy
Any personal information you submit to our web site is subject to our Privacy Policy, for which a link appears below.

Privacy Policy

4. Membership Eligibility

4.1 In General
Our services are available only to, and may only be used by, individuals who can contract under applicable law. Without limiting the foregoing, our services are not available to persons under the age of 18 or to suspended BooksfreeSwap members. If you do not qualify, please do not use our Site. Further, your BooksfreeSwap account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement

4.2 One Account per Person, Two Accounts per Address or Household
No individual is permitted to have more than one account at any time. No more than two accounts are permitted per address or household, and BooksfreeSwap has the right to limit a household to one account when it deems it necessary to protect its users from fraud, or the risk of fraud.

4.3 Registration in Own Name
Only the individual seeking membership may register an account. Establishment of accounts in a name other than the name of the cardholder provided during registration is expressly prohibited. Such establishment constitutes fraud and may give rise to criminal prosecution and substantial civil damages.

5. Fees and Services
Joining BooksfreeSwap is currently free. If you decide to use BooksfreeSwap's shipping label service or buy supplies from BooksfreeSwap, we will charge you for those labels and supplies. We may establish fees for our services from time to time. Fees may be added, discontinued, or changed at any time; provided that all users will have the opportunity to refuse our services before incurring any charges. We may choose to temporarily reduce our fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the site for the period stated in the posting. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes. A one dollar account maintenance fee applies to your refund when cancelling your account.

6. Nature of BooksfreeSwap's Services

6.1 General
BooksfreeSwap is not any user's agent, nor a trader. Although we are commonly referred to as an online trading web site, it is important to realize that we do not trade; we merely facilitate trades between users. The Site acts as a place where traders can locate other trader and trade any book or cd audiobook, at anytime, and from anywhere. We are not involved in the actual transaction between traders. As a result, we have no control over the quality, safety or legality of the items traded, the truth or accuracy of the listings, or the ability of traders to trade. We cannot ensure that a trader will actually complete a trade.

6.2 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 verification on the Internet is difficult, BooksfreeSwap cannot and does not confirm each user's purported identity. Thus, we have provided on the Site a user-initiated feedback system through which users may report to all other users any verification problem they have discovered. In addition to encouraging the use of that system, we also encourage users to communicate directly with potential trading partners to avoid such problems.

6.3 Release of Liability
Since BooksfreeSwap is not and will never act as an agent for any user, your use of our services constitutes a release on your part of BooksfreeSwap and its officers, directors, agents, subsidiaries, joint venturers 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 your contacts and transaction with another user. If you are a resident of a jurisdiction which has a law which says: "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.", or words to that effect, your use of our services will also constitute a waiver of that restriction.

6.4 Information Control
We do not control the information provided by other users, so please use caution and common sense when using the Site. Please note that there are risks of dealing with children or people acting under false pretenses and that you may find other user's information to be offensive, harmful, inaccurate, or deceptive. By using this Site, you agree to accept such risks and that BooksfreeSwap is not responsible for the acts or omissions of other users on the Site.

BooksfreeSwap may make available to users of the Site message boards, opinion forums, bulletin board services or other interactive communication facilities. BooksfreeSwap cannot review all communications made on or through the Site. However, BooksfreeSwap reserves the right to monitor the Forums and edit, modify or delete any material that BooksfreeSwap, in its sole discretion, determines to violate this Agreement or to be in any other way offensive or contrary to any BooksfreeSwap policy, either written or unwritten. BooksfreeSwap further reserves the right to use posted materials for its own purposes for marketing, communication, advertising, or any other purpose at the sole discretion of BooksfreeSwap. You agree not to use BooksfreeSwap message boards or forums for the posting of any material that is posted for illegal, threatening, sexually explicit, pornographic, obscene, infringing on intellectual property rights, injurious to third parties, defamatory, or otherwise objectionable. Violation these policies can result in your account being suspended.

7. Trading
As a trader you are obligated to complete all trades. By accepting a trade you agree to be bound by the of the trade included in the item's description so long as those of trade are not in violation of this Agreement or unlawful. Accepted trades are not retractable except in exceptional circumstances, such as: when your trade partner materially changes the item's description after you accept or where a clear typographical error has been made in the description.

If you choose to trade for mature-audience items or items that are restricted to adult use, you are certifying that you have the legal right to purchase and own such items.

8. Listing

8.1 Listing Description Responsibilities
Your listing of items on the site constitutes your agreement to assume full responsibility for and to hold BooksfreeSwap harmless for any violations of law arising from postings to your account and items shipped by you, and that you have the legal power to transfer the full ownership interest in all items you post. Your listings may only include text descriptions and other content relevant to the condition and nature of the item you are trading.

All items listed must be in a condition no worse than acceptable and must be fully functional, readable and accurate according to the condition guidelines laid out here: http://www.booksfreeswap.com/condition .

8.2 Shipping
You agree to ship your item within 24 hours of a trade, being accepted. Failure to do so is in violation of BooksfreeSwap's policy and can result in your account being suspended.

8.3 Fraud
Without limiting any other remedies, BooksfreeSwap may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. This includes, without limitation, failing to ship an item when you are obligated to do so, or failing to acknowledge the delivery of an item when you in fact have received it. All users should know that BooksfreeSwap's policy is to cooperate fully with any State or federal prosecution for any fraudulent acts by its users; particularly wire and mail fraud.

9. Your Information

9.1 Definition
"Your Information" is defined as any information you provide to us or our users in the registration, trading or listing process, in any public message area (including discussion groups, item reviews or the feedback 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.

9.2 Restricted Activities
Your Information (or any items 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, anti-discrimination 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 concurrently listed for trade on a web site other than BooksfreeSwap's (this does not prevent linking to or advertising a BooksfreeSwap item from another web site); or (cc) for which you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any trade that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.

9.3 License
Solely to enable BooksfreeSwap 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, sub-licensable (through multiple tiers) right to exercise the intellectual, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known. BooksfreeSwap will only use Your Information in accordance with our Privacy Policy.

9.4 Passwords
Use of this Site requires a password. You agree to maintain confidentiality of your password and are solely responsible all activities associated with its use, whether authorized or unauthorized. Sharing of account passwords with other persons is a violation of this agreement and may result in account termination.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID or password) you should notify BooksfreeSwap immediately of the problem to avoid possible liability for unauthorized charges to your account.

9.5 User Content Posted on the Site
You are solely responsible for the messages, notes, text, information, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that BooksfreeSwap may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of BooksfreeSwap violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to BooksfreeSwap.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to BooksfreeSwap an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that BooksfreeSwap may retain archived copies of your User Content. BooksfreeSwap does not assert any ownership over your User Content; rather, as between us, subject to the rights granted to us in these Conditions, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

10. Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to BooksfreeSwap by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of BooksfreeSwap and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

11. Feedback Integrity
You may not take any action that may undermine the integrity of the feedback system. We may limit the number of trades and items for trade you may place on the Site based upon the level of your feedback. If you earn a net feedback rating below a level we deem to be unacceptable, your membership may be suspended, and you may be unable to list, trade or even login to the site.

12. Breach
Without limiting other remedies, we may limit your activity, immediately remove your trades or item listings, warn our community of your actions, issue a warning, or temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our 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.

13. Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit 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 at http://www.booksfreeswap.com/privacy_policy.php. If you object to your Information being transferred or used in this way please do not use our services.

14. Service Termination
BooksfreeSwap reserves the right to terminate service at any time without notice. In the event of service termination, Site members will not be entitled to any compensation.

15. No Warranty
We, our subsidiaries, officers, directors, 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, officers, directors, 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.

16. Liability Limit
You and BooksfreeSwap are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (A) the amount of fees you pay to us in the 12 months prior to the act giving rise to liability, and (B) $100. 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.

17. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Conditions of Use or the documents it incorporates by reference or your violation of any law or the rights of a third party.

18. Competitor use Prohibited, Liquidated Damages for Competitive Use
This Site and the associated service are to be used for non-competitive purposes only. Use of the Site or associated services by a competitor, it's affiliates, employees, or other associates is absolutely prohibited and constitutes a breach of these Conditions of Use , giving rise to substantial damages.

If you are an owner, employee or other associate of a competing site (other than simply a member), you hereby agree that damages from the unlicensed visitation of this site are difficult to compute. Damages from breach of this competitors'- use provision shall therefore be set at $100 per unauthorized Site visit. You hereby agree that such damages are a reasonable estimate of actual damages and you waive your right to contest these damages in a court of law or other proceeding.

19. Notices
Except as explicitly stated otherwise herein, any notice to BooksfreeSwap shall be given by US mail, postage prepaid, to BooksfreeSwap, Attn: Legal Department, (mailing address) and any notice to you shall be given by certified mail, postage prepaid and return receipt requested or by email to the email address you provide during the registration process. Notice by way of email to you shall be deemed given 24 hours after email is sent, and notice by way of certified mail shall be deemed given 3 days after the date of mailing.

20. Resolution of Disputes

20.1 Self-help
If you ever have a complaint about BooksfreeSwap or any of its services, we strongly encourage you to contact us before doing anything else. Although the service is new to the market, those who are familiar with the customer service offered since 2000 by our parent, Booksfree.com Corporation, will attest to the excellent service guaranteed by our management in the past, so making a complaint to us is not likely to be a waste of your time.

20.2 Jurisdiction and Venue of Courts
Any claim by or against BooksfreeSwap and any user shall be adjudicated in a State court in Fairfax County, Virginia, or the Federal District Court of the Eastern District of Virginia, and your use of our facilities constitutes your consent to the exclusive jurisdiction and venue of one or other of said courts.

21. General Provisions

21.1 Applicable Law
By using our facilities, you agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these of Use and any dispute of any sort that might arise between you and BooksfreeSwap.

21.2 Headings
Headings of paragraphs used in these Conditions are for reference purposes, only, and do not define, limit or describe the content of each section.

21.3 No waiver by conduct.
Our failure to act with respect to a breach by you or others on your behalf does not waive our right or power to act with respect to other or similar breaches.

21.4 Entire Agreement
These Conditions set forth the entire understanding between us with respect to the subject matter, once you accept them.

21.5 Survivability.
If any provision of the agreement created by your acceptance of these Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, it shall be struck, and the remaining provisions shall be enforced.

END OF CONDITIONS