Terms of Use

Welcome to LiveSwap®! CreationSwap® dba LiveSwap® ("LiveSwap®" "We" or "Us") is proud to provide you with our online and mobile services, our website, and our software and related services (collectively, the "Services," which are described in further detail, below).

We are dedicated to making sure your experience with LiveSwap® is positive. As such, we want to make sure the terms of our relationship are clear. This page outlines the Terms of Service (hereafter the "Agreement") under which the Services and the LiveSwap® website, https://www.liveswap.com (the "Site"), are provided to you.

This Agreement also incorporates our Privacy Policy, and our License Agreement (collectively, the "Additional Agreements"). Please read this Agreement and the Additional Agreements carefully. By accessing the Site and/or using our Services, you agree to be bound by this Agreement and the Additional Agreements, whether or not you are a registered user of LiveSwap®. If you're unwilling to be bound this Agreement and the Additional Agreements, please do not access the Site or use the Services.

Please note that we may revise this Agreement and the Additional Agreements at any time by updating them and posting them online. You should visit this page and the pages for the Additional Agreements frequently, as they are binding upon you.

Our Services

Summary of Our Services: We offer our users the ability to to access photos, text, vectors, templates and other design elements to create and share content ("Content") with others. The Services will support four categories of users: Individuals, Organizations, Administrators, and Authorized Users. Each type of user has different permissions and responsibilities, which are more fully defined below. For ease of reference, we will use the term "you" in these Terms of Service to refer to the user of the Services (whether they be an Individual, Organization, Administrator, or Authorized User).

Creating Content: LiveSwap® allows you to create Content in several ways. You may create Content using your own designs. You may also create Content which (a) incorporates a third party's artwork, or (b) incorporates another LiveSwap® user's Content, as long as you have their explicit permission. If you are using another's artwork to create your Content, you represent and warrant that you will not use any designs or other material in your Content that you do not have the right or permissions to use.

Intended Purpose of the Site and Services: The Site and Services are intended to allow individuals and groups to create Content for churches and non-profits, for church/non-profit related activities, and to comment, critique, post messages and create user profiles (the "Intended Purposes").

Users Of Our Services

Individual Users: Individual persons may sign up for an individual account to use the Services.

Organizational Users: The organization itself (e.g., a Church, a non-profit) may be a user of the Services (the "Organization"). An individual who has the full authority to enter into binding contracts and conduct business on behalf of the Organization (the "Initial User") must be the person who creates the account on the Organization's behalf (hereinafter, the "Group Account"). We may require the Initial User to provide proof that he or she has the authority to enter into contracts on behalf of the organization, and we reserve the right to suspend the Organization's access to the Services until such proof is provided. However, we specifically disclaim all liability for an account that was opened by an individual who had no authority to do so on the Organization's behalf.

By creating the Group Account, the Organization represents and warrants that all registration information that the Initial User submits is truthful and accurate, and that the Organization will maintain the accuracy of such information. If any information changes, the information must be immediately updated with the current information.

The Organization is responsible for complying with all applicable laws, rules and regulations, and represents and warrants that it and its Administrators and Authorized Users will not use the Services in a manner that violates the laws, rules and regulations in the applicable jurisdiction. The Organization shall also ensure that all Administrators and Authorized Users comply with these Terms of Service and the Additional Agreements. The Organization further represents and warrants that it is responsible for its Administrators and Authorized Users' conduct while using the Services. The Organization agrees to hold us harmless for the conduct of the Organization, the Administrators, and the Authorized Users.

Administrators: The Initial User is automatically an Administrator. Administrators manage the Group Account, and ensure that they and the Authorized Users (defined below) comply with this Agreement, the Additional Agreements, the Organization's directions, and the law. The Administrators must have full authority to enter into binding contracts and conduct business on behalf of the Organization. We may require the Administrators to provide proof that they have the authority to enter into contracts on behalf of the organization. However, we specifically disclaim all liability for the actions of Administrators who had no authority to act on the Organization's behalf.

Additional Administrators may be added or deleted by another Administrator. In the event an Administrator is deleted from the Services, the Administrator shall cease to have access to the Services and any information within the Services. In addition, an Administrator may delete the Account and therefore all data and information related to the Account and Services if (any only if) the Administrator has the Organization's permission. However, Administrator's shall not take any action or inaction that is disparaging to the Organization or contrary to the Organization's mission or instructions. In the event of a conflict between Administrators or between Administrators and the Organization, the Organization must resolve the issue and provide us with written instructions, signed by the Chief Executive of the Organization, of how to proceed. We may suspend the Services until said conflict is resolved.

Administrators shall follow the instruction of the Organization, and shall comply with the Organization's policies and practices that are relevant to the use of the Services. Administrators shall also provide us with all rights, permissions and/or consents necessary to grant us the rights and licenses in these Terms of Service, and all rights, permissions and/or consents necessary for the lawful use and transmission of personal information and data that is required for the use and operation of the Services.

Furthermore, Administrators shall (a) ensure that Authorized Users understand and comply with all the Organization's policies and practices that are relevant to their use of the Services; (b) ensure that the Authorized Users understand and comply with these Terms of Service and our Privacy Policy; (c) obtain all rights, permissions and/or consents from Authorized Users that are necessary to grant us the rights and licenses in these Terms of Service; (d) obtain all rights, permissions and/or consents from Authorized Users for the lawful use and transmission of their personal information and data that is required for their use and operation of the Services; and (e) obtain all rights, permissions and/or consents from Authorized Users which are necessary for the Organization and LiveSwap®'s lawful use, modification, display, performance and/or license of Content created by any Authorized User.

Authorized Users: Individuals authorized by Administrators to access the Services as part of the Group Account ("Authorized Users") have access to certain Services. Authorized Users shall not take any action or inaction that interferes with the Organization's ability to use the Services, is disparaging to the Organization, or is contrary to the Organization's mission and/or instructions. Authorized Users shall follow the instruction of Administrators and the Organization.

Authorized Users acknowledge and agree that an Administrator may (a) remove their access to the Services; (b) delete or change any information that such user has entered into the Services; or (c) delete the entire LiveSwap® account for the Organization, which would result in the deletion of all data from Authorized Users.

Requirements for You to Use the Site and Services

Use the Site/Services only for the Intended Purpose: As one of the conditions of your use of the Site and Service, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site or Services for anything other than the Intended Purpose, or for any purpose or in any manner that is prohibited by this Agreement, the Additional Agreements, or by applicable law. It is your responsibility to ensure that your use of the Site and the Services comply with this Agreement.

Compliance with laws in your jurisdiction: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data exported from the United States or the country in which you reside.

Users of LiveSwap® must be over 18: You must be 18 years old or older to use or access the Services. Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of this Agreement. The Services and Site may not be used by anyone we previously prohibited from using the Site or the Services. By using the Site and the Services, you represent and warrant that you are over the age of 18 and have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

Acceptable Use of the Site and Services. You agree that you will NOT:

Removing Content and Users: LiveSwap® may terminate access to the Site and Services, or any portion thereof, for violating this Agreement and/or the Additional Agreements. You acknowledge and agree that your access to the Site, Services, and/or Content may be terminated or blocked at any time if you violate this Agreement and/or the Additional Agreements.

LiveSwap® Accounts

Types of LiveSwap® Accounts: Your user account with LiveSwap® gives you access to the type of Services for which you have paid. We have several different types of LiveSwap® accounts, some for individuals and some for organizations. For instance, you may purchase an individual account, or a Group Account.

Using Another User's LiveSwap® Account: You may never use another user's LiveSwap® account. You may not allow others to access or use the Site and/or Services with your unique username, password, or other security code. You agree to notify us immediately of any breach of security or unauthorized use of your account. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your account.

Changes to Your Account Information: By registering for an account with LiveSwap®, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. If any of your account information changes, you must update your account immediately with the current information. You may update or change any information related to your account by going to your settings and modifying your information. You can also contact us with questions on how to update or change your information by emailing us at support@liveswap.com.

Responsibility for Your LiveSwap® Account: You are solely responsible for the activity that occurs on your account. You shall keep your account password secure, and take appropriate measures to safeguard the security of your account and electronic device(s).

User Profiles

Users are invited to post information and Content to their unique LiveSwap® user profile, which is displayed to the public ("Profile"), subject to the following limitations: (a) LiveSwap® may limit the amount of bandwidth dedicated to any account; and (b) LiveSwap® reserves the right to display advertising on Profile pages. Profiles are governed by this Agreement and the Additional Agreements.

Under no circumstances may Profiles be used to infringe the intellectual property rights or any other right of any person or entity. LiveSwap® reserves the right to modify or discontinue your Profile at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile.

Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may NOT include the following items:

Please note that the information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, or products or services for which LiveSwap® assumes no responsibility or liability. By using the Site and Services, you agree that you shall not hold LiveSwap® liable for the Profiles of others.

User Created Content

Content Providers: If you have an individual account and create and share Content on that account, you, the individual, are a "Content Provider". In contrast, for Group Accounts, the Organization is deemed a "Content Provider".

License for Content Created in a Group Account: By using the Services, Administrators and Authorized Users grant to the Organization a royalty-free, non-exclusive, irrevocable license to use, modify, display, perform and license any and all Content that is created using the Services. To be clear, if you create Content within a Group Account, the Organization may continue to use, display, modify or sublicense the Content you have created without any further authorization or compensation to you, even if you no longer use the Services. In the event of a dispute regarding ownership of Content that an Authorized User or Administrator created within a Group Account, the parties shall cooperate to resolve the dispute themselves, and shall hold us harmless.

Content on LiveSwap®: Content Providers (i.e., the Individual or the Organization) are solely responsible for their Content. Therefore, we do not make any guarantees or warranties that the Content available on LiveSwap® is free from defects, will suit your purposes, or will be always available (See below for the complete list of warranties and disclaimers, all of which apply to the Content). Because the Services allow you to use third-party's content to create new Content, Content Providers represent and warrant that they have the necessary rights and permissions to use said third-party's content.

Content Prover's Share: We look forward to opening up LiveSwap® for designers to contribute and sell templates. For now, you may contribute to LiveSwap® by uploading photos to CreationSwap®.

Content Providers shall receive a share of CreationSwap®'s monthly Premium Service subscription revenue and revenue from LiveSwap® users who export CreationSwap® Premium Content or Paid Content (collectively, the "Content Provider's Share"), which varies and is dependent on the number Premium Subscriber downloads of the Content Provider's Paid Content. Duplicate downloads of Paid Content, defined as the same piece of Content downloaded by the same Premium Subscriber, will not be calculated in the Content Provider's Share. Please note that adding a photo to a design in LiveSwap® does not count as a download. Content Providers will be paid only when a user clicks the Export button and chooses to download or share to social media.

The Content Provider's Share is calculated as follows:  $ Paid Per Item = (Subscription revenue weighted by type) X (Premium Content Percent payout by type*) X (Downloads of "for sale" item / Total number of premium downloads of "for sale" content by type).

*We are offering Premium Content Percentage Payouts for LiveSwap®: 30% Photos

Content Offered At-Will By Content Provider: Content on the Site is offered at will by the Content Provider or other third parties, and as such, the Content Provider or third party may take down or cease to offer his or her content at any time, for any reason. In short, content available one day on the Site and through the Service may not be available the following day.

Downloading and Risk of Loss; Availability of Digital Content: Once you have downloaded the Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download of the Content after having reviewed our online help resources, please contact support. You bear all risk of loss after purchase and for any loss of Content you have downloaded, including any loss due to a computer or hard drive crash.

No Liability for Content of Others: Please note that the Content provided by LiveSwap® users or other third parties may contain inaccurate, inappropriate or offensive material, or products or services for which LiveSwap® assumes no responsibility or liability. By using the Site and Services, you agree that you shall not hold LiveSwap® liable for the Content of others. You also shall evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge and agree that you may not rely on any Content created by or obtained through the use of LiveSwap®, including without limitation, information posted on message boards.

LiveSwap® Right to Remove Content: If any Content is believed to be, or alleged to be, infringing of any third-party rights, this Agreement, or the Additional Agreements, we reserve the absolute right to remove, block, and/or refuse to publish such Content immediately and without notice. Moreover, we may suspend the Services, remove the Site, or otherwise discontinue any portion of any part of the Site and/or Services at any time for any reason. We may also remove any user for any reason, and block that user indefinitely from use of the Site and Services. You acknowledge and agree that we may refuse to publish, distribute, or make available the Content you create through LiveSwap®. You further acknowledge and agree that we are not liable for any damages, including loss of income, if your Content is no longer accessible to you or available through the Site and/or Services.

Content on Group Accounts: Administrators and the Organization may provide us with instructions on what to do with Content created by their Authorized Users. For example, Administrators may allow or deny an Authorized User access to the Services or certain features of the Services, enable or disable third party integrations, manage permissions, or add or delete Content from the Group Account. Since these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all of the Authorized User(s) or Administrator(s) Content, Authorized Users and Administrators must work together to resolve issues and questions regarding the Group Account management and policies. To be clear, if you are an Administrator or Authorized User of a Group Account and you share Content within your Group Account, an Administrator may delete or modify that Content, or continue using the Content even after you are no longer using the Services. In addition, other Administrators and Authorized Users of your Group Account will have access to view, use and/or modify the Content you have shared within your Group Account.

Taxes and Independent Contractor: You are responsible for paying any applicable taxes relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions. You understand and agree that you are not an employee, agent, joint venturer, or partner of LiveSwap®. Nothing in this Agreement shall be interpreted or construed as creating or establishing an employment relationship between you and LiveSwap®.

Intellectual Property Rights

LiveSwap®'s Intellectual Property: Our Services and Site, including but not limited to text, graphics, images, logos, buttons, icons, software and other materials and the overall "look" and "feel" of the Site, are the sole property of LiveSwap®, and are protected patents, copyrights, trademarks, and service marks of LiveSwap® (the "LiveSwap® IP"). Content which is not created by LiveSwap®, and all other third-party product and service marks, are the trademarks and copyrights of their respective owners. Unauthorized use of the LiveSwap® IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the LiveSwap® IP except as permitted under this Agreement or the Additional Agreements. This includes copying or adapting the HTML code used to generate web pages on the Site.

User's Intellectual Property: The Content that you and the users of LiveSwap® create through LiveSwap® is protected under copyright and other intellectual property laws. Content Providers and owners of content available on the Site or through the Services may strictly enforce breach of the copyrights and/or circumvention of security measures. We ask that all users respect the law, and not violating anyone's intellectual property rights. Thus, you represent and warrant that:

UponUpon making or learning of any claim that is inconsistent with any of the representations or warranties made by you regarding intellectual property (including a DMCA notification, discussed below), we will send you a written notice of such claim, using the email address provided by you to us, specifying the details of the claim. Pending the determination of such claim, we may [suspend your account, withhold your access to the Services?].

By using the Services, you hereby grant us a royalty-free, non-exclusive, worldwide right to use and display the Content in connection with providing the Services.

Third Party Intellectual Property: LiveSwap® uses several third parties to make certain features of the Site and Services available to you, including but not limited to Google Fonts. You agree to be bound by these third party licenses of software or content, and you further agree to abide by the terms of use and privacy policies of any such third party software or content.

DMCA: We are committed to protecting copyrights and expect our users of LiveSwap® to do the same. We abide by the federal Digital Millennium Copyright Act ("DMCA"). If you believe that a user’s Content is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify us of any such copyright. Similarly, if you disagree that your Content constitutes an infringement, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:

Attn:
P.O. Box 549
Bend, OR 97709
Email: support@liveswap.com

Please note that third party providers have their own DMCA procedures. If you believe a user on a third party site is infringing on your propriety work, please use that third party’s DMCA complaint procedure.

Copyright infringement Notification To file a copyright infringement notification, please send us written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process your request, please use the following format:

Counter-Notification If you disagree that your Content is an infringement of another’s work, you may elect to send us a counter notice. To be effective, your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements) To expedite our ability to process your request, please use the following format:

Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of this Agreement. This Agreement is not legal advice, and before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.

Your License Grant to LiveSwap®: By publishing your Content on the Site and/or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to LiveSwap® a world-wide, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and Services and our business.

Monitoring, Security and Payment

Monitoring: LiveSwap® has no obligation to monitor the Site and/or the Services, or prevent parties not under LiveSwap®'s control from obtaining information about you. You acknowledge and agree that we have the right to monitor the Site and Services electronically from time to time and to disclose any information that we deem necessary to satisfy any law, regulation or other governmental request, to operate the Site and/or Services properly, or to protect itself or its users, affiliates, partners and contracted parties, as discussed in further detail in our Privacy Policy.

Security: While we take the security of its Site and Services very seriously, we cannot ensure or guarantee the security of the Site and Services. It is therefore recommended that the Site and Services not be used for the transmission of confidential information. Any such use shall be at your sole risk, and LiveSwap® and our affiliates and related companies shall be relieved of all liability in connection therewith. To the extent that you voluntarily post information about yourself via your Profile, the post or critique features, you understand that your information is publicly accessible and the LiveSwap® cannot, and will not, monitor or protect such information in any way.

Third Party Payment Processing: LiveSwap® uses a third party to process payments related to the Site and Services. When making purchases or other transactions through the Site or Services, you may be asked by the third party payment processer to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any third party payment processer through the Site and Services will be accurate and complete. You agree to pay all charges incurred by you and/or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the Site and through the Services. LiveSwap® is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner. LiveSwap® will only use such information for the purchase of the Services on the Site. We retain sufficient personal information to report to the IRS or other government authority, and retain such information for at least the minimum statutory period.

How We Charge You For the Services: Our Services are offered on a paid subscription basis. There are two different ways to pay for the subscription: a monthly fee that is charged each month (the "Monthly Plan"), or a yearly fee that is charged each year (the "Yearly Plan"). Please note that both the Monthly Plan and Yearly Plan have a commitment requirement of one year. This means you cannot cancel your plan for the entire year after you sign up. This also means that you are responsible for the payments for that entire year. After the end of the year, you may cancel the plan by contacting us at support@liveswap.com. We will not issue refunds.

If you sign up for the Monthly Plan, your subscription to the Services will automatically renew each month for a fee until either you or LiveSwap® terminates the Services. Likewise, if you sign up for a Yearly Plan, your subscription will automatically renew each year for a fee until either you or LiveSwap® terminates the Services.

YouYou specifically acknowledge that the Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. To be clear, if you select the Monthly Plan for the Services, the Monthly Plan will be automatically extended for successive periods of one month. If you select the Yearly Plan for the Services, the Yearly Plan will be automatically extended for successive periods of one year. As such, your payment method will be automatically charged at the then-current subscription rate for each successive period of either one month (for the Monthly Plan) or one year (for the Yearly Plan). Please note that if you sign up for a subscription for the Services, we will submit the charges to the payment method you used to set up without further authorization from you, until you cancel the Services, or change your payment method. Such notice will not affect charges submitted before LiveSwap® could reasonably act.

If, for any reason, the fee for the Services is not paid on the date it is due, we shall terminate your access to the Services. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the cancellation of your Services for this reason.

Advertising

LiveSwap® may advertise on the Site, including on all pages of the Site, which may include your Profile, and any page that the Site displays. You understand and agree that we have no obligation to share revenue generated by advertising with you or any user.

Advertising on the Site is "as is" and without warranty of any kind. You understand that the advertiser is wholly responsible for the content of any advertisement, and you agree that you will not look to LiveSwap® for any liability related to advertising, including the availability of the products, the truthfulness of the advertisement or the content of the advertisement.

Termination

If you cancel your Account: You are solely responsible for properly cancelling the Account. Again, because we require a one year commitment, you cannot cancel your account until your first year is up. After the first year, you may cancel the plan by contacting us at support@liveswap.com. We will not issue refunds after you submit payment. After Cancellation, you will no longer have access to the Services. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the cancellation of your Account.

We may also terminate or suspend your Account: We, in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of the Services for any reason at any time, including a violation of these Terms of Service. Again, we will not issue any refunds in this event. In addition, in the event your payment method fails, we shall suspend the Services and, after 30 days, terminate your Account. After Termination, you will no longer have access to the Services. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account.

Indemnification, Limitations of Liability & Warranties

Indemnification: By using the Site and Services you agree to defend, indemnify and hold harmless LiveSwap® from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your conduct or your use of the Site and/or Services. If you are an Organization, you agree to defend, indemnify and hold harmless LiveSwap® from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from the actions or inactions of your Administrators and Authorized Users.

Release and Limitations of Liability: You agree to release LiveSwap® from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this Agreement, the Content, and/or your use of the Site and/or Services.

IN NO EVENT SHALL LIVESWAP® BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INNACURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE, THE SERVICES, THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIVESWAP® IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN LIVESWAP®'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES.

Warranties: By entering into this Agreement you acknowledge that LiveSwap® is simply providing the Site and Services for free, or at times for a fee, and that it makes no warranties of any kind relating to the Site and Services, any data or content on the Site, any data or content available through the Services, and documents or products on the Site or available through the Services.

Furthermore, nothing on the Site or Services shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their website, products, technologies, services, business practices or otherwise.

LIVESWAP® DOES NOT WARRANT THAT ITS SITE, SERVICES, OR THE CONTENT AVAILABLE ON THE SITE AND/OR SERVICES WILL MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE, SERVICES OR THE CONTENT AVAILABLE ON THE SITE AND/OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOLWEDGE AND AGREE THAT LIVESWAP® IS NOT RESPONSIBLE FOR THOSE COSTS.

YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITE, SERVICES AND THE INTERNET IN GENERAL. THE SITE, SERVICES AND CONTENT AVAILABLE ON OR THROUGHT THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. LIVESWAP®, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIVESWAP® MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.

Limitation of Actions: You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of LiveSwap® or the Site or Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

Communications

Email Notification: You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to the Site and/or Services, including any notices required by law, in lieu of communication by postal mail. Therefore, please make sure your email address listed under your "Account Information" section is current and accurate. If you do not want to receive such notices through email messages, you may opt out or change your preferences in your settings page. In the event your account is cancelled or terminated, we will notify you via the email you had previous listed, unless you instruct us otherwise.

Communications to LiveSwap®: You may contact us at support@liveswap.com. If you contact us, you agree that if you have ideas regarding improvements or additions to us, we would like to hear them -- but any submission will be subject to this Agreement.

UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO LIVESWAP® BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO LIVESWAP®, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO LIVESWAP® THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT LIVESWAP® IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY LIVESWAP®, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

General Provisions

Access outside the USA: LiveSwap® makes no claims that the Content, Site and Services are appropriate or legal to be viewed by certain persons or in certain countries. The Site and Services were made for users in the United States. If you access the Site or Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Partial Validity: If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Equitable Relief: You understand and agree that due to the nature of this Agreement, in addition to money damages, LiveSwap® will be entitled to equitable relief upon a breach of this Agreement by you.

Governing Law: This Agreement is governed by the laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in San Diego County, California.

Entire Agreement: Except as expressly provided in a particular Legal Notice, Software License or other notices published on the Site or through the Services, these terms represent the entire binding Agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding LiveSwap®, the Site, or Services.

Changes: LiveSwap® may change the terms of this Agreement from time to time, and we recommend that you check these terms frequently to verify any changes that may have taken place. You agree that your ongoing use is an agreement to the terms and conditions in effect as of the latest time that you have used the Site or Services.

Digital Admissibility: You hereby agree that a printed version of this Agreement and of any other notice given in electronic form by LiveSwap® or in the Site, which is based upon or relating to this Agreement, shall be admissible in judicial or administrative proceedings and subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.