Terms and Conditions

Introduction

Swaparific is an enabling site which allows its registered users to exchange computer games and other digital media. Swaparific has an ethical code of practice which enshrines the safety of your personal information. Please read our Privacy Policy for full details.

General

This web site (the "Site") is operated by Swaparific Limited ("us", "we", "our" or "Swaparific"). Your use of the Site is subject to our Terms and Conditions and your using the Site is acceptance of these Terms and Conditions. These may be updated from time to time and at any time without specific notice to you. The current version is always available on the Site.

Parts of the Site are accessible to all users and other parts of the Site are restricted to users who have registered with us ("registered users"). Unless otherwise stated, these Terms of Use apply to all users, including registered users. We may, in our sole discretion, decline to register anyone as a registered user without giving any reasons.

The Site exists as a facilitator to enable Users to swap items with each other. Swaparific is not offering any goods for commercial sale and has no relationship with, nor any other involvement in, any specific swap or other transaction created through contact through the Site.

The Site is proprietary, you may not copy anything on it

All copyright and other rights (including, without limitation, intellectual property rights) in and to the Site and the material (the "Content") on the Site are owned by us or by others. You may not use, copy, adapt, modify, sell, license, distribute, transmit, display, publish or create works derived from the Site or the Content or any part thereof without our prior written consent (except as permitted under applicable law).

"Swaparific" is our trade mark and there are other trade marks, names and logos on the Site which belong to us or other people. Use of this site does not give you any licence or right to use any of them.

The Site does not provide any recommendation

None of the Content constitutes any advice or recommendation whatsoever in relation to suitability for any purpose. The Site provides the opportunity for Users to provide information for the benefit of other users. Swaparific accepts no responsibility or liability for such content. No decision of any kind should be made on the basis of the Content.

We are not liable to you

We make no representation or warranty that the Content is accurate, up-to-date or complete or that any expressions of opinion or statements of intention are reasonable or honest. To the fullest extent permitted by law, we accept no liability (whether in contract, tort or otherwise) for any damages or loss of any kind arising from any inaccuracies, omissions or misleading, false or deceptive statements in the Content.

We and anybody else who helped us create, host or provide access to the Site and the Content are not liable for any damages or loss of any kind which you may suffer when you use the Site or attempt to use it. Without limiting the foregoing, the Site and the Content is made available without warranty of any kind, whether express or implied. to the fullest extent permissible under applicable law, we disclaim all liability (whether in contract, tort or otherwise) and all warranties in relation to the site and the content, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non infringement. We do not warrant that the Site will be available on an uninterrupted basis, that it will be error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful material and we do not accept any liability (whether in contract, tort or otherwise) in relation to the foregoing.

Under no circumstances are we liable for any loss of profits, direct or indirect, incidental, special or consequential damages (whether in contract, tort or otherwise).

The information you provide

In consideration of your use of the Site, you agree (a) to provide true, accurate, current and complete information about yourself when prompted by our registration form or any other form we ask you to complete at any time and (b) to maintain and update promptly any personal information which you are able to update on the Site so as to keep it true, accurate, current and complete.

The swaps you offer

Swapping illegally copied digital media is prohibited on Swaparific. You hereby confirm that any digital media you offer for swap is original and does not breach any copyright law.

Unsolicited Submissions/Feedback

Swaparific does not accept or consider unsolicited ideas, including ideas for new products, services, technologies, processes, marketing plans or new product names. Please do not send any original artwork, samples, demos or other works. If you do send such materials, Swaparific makes no assurances that your ideas and materials will be treated as confidential or proprietary. Any feedback or any other information you provide on this Site, other than that information required for registration purposes, will be deemed non-confidential. Swaparific is free to use such information on an unrestricted basis.

Your username and password

No person other than you is authorized to use your username or password. You must keep your username and password confidential and take all reasonable precautions to prevent unauthorized use thereoffore. If you suspect that anyone else has used or is using your username and password, you must notify us immediately. You are responsible for all use of the Site by your username and password whether or not the use was actually yours.

Privacy

Swaparific is committed to upholding your rights to privacy as enshrined in law. Please read our Privacy Policy for further information.

Data protection

During the registration process or at any subsequent time when you may answer questions or when cookies may be used we may collect and process the personal information you have provided. We may use information we have collected for running and improving the Site, providing usage statistics and other feedback to business and for any other purpose to which you consent.

We follow appropriate security procedures in the storage of personal information so as to prevent unauthorized access by third parties. However, the Internet is not a totally secure medium and you acknowledge and agree that, to the fullest extent permitted by law, we shall not be responsible for any unauthorized use, distribution, damage or destruction of personal data.

Termination

We may terminate or suspend the registration or permissions of any registered user, at will and without notice, in whole or part at any time. Such termination or suspension shall not give rise to any liability of Swaparific.

It may not be lawful or suitable for you to access the Site or parts of the Site

You are not entitled to access the Site or the Content or any part thereof if doing so would involve a breach of law by you or us in any country. It is your responsibility to check this. Parts of the Site may contain information on, or links to, games that are not suitable for younger children. It is your responsibility to check this. You should immediately leave the site if you are not permitted to use it.

We may restrict access

We are entitled to restrict any user or category of users from accessing all or any part of the Site and the Content. We may require a user or any category of users to complete additional forms before obtaining access to any part of the Site and the Content.

Links

On the Site we may provide links to other web sites. If you use these links, you will leave the Site. We have not reviewed any of these other web sites and we do not control and are not responsible for any of them or their content. We do not endorse or make any representations about them, or any information or product or materials you may find there. If you decide to access any site linked to the Site, you do so entirely at your own risk.

Cookies

The Site uses "cookie" information collection technology. Cookies may also be used by companies to which we link. If you do not wish to receive cookies, it is your responsibility to use a browser which does not (or is configured not to) accept cookies. This may limit the functionality of, and therefore your use of, the Site. Swaparific accepts no liability whatsoever for any problem that occurs through the use or otherwise of cookies.

Jurisdiction

These Terms of Use and any claim relating to the use of the Site and the Content are governed by English law and you consent to the exclusive jurisdiction of the courts of England in relation to any dispute arising in connection therewith. This provision shall not restrict Swaparific from pursuing action in any other court or jurisdiction which it considers necessary.