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THIS DOCUMENT SETS FORTH THE TERMS OF USE POLICY OF SWAPNOTES, INC. ("SWAPNOTES") AND THE WEBSITES WWW.SWAPNOTES.COM ("SITE"). BY USING THIS SITE YOU, THE USER ("YOU") INDICATE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE IN ANY MANNER. DESCRIPTION OF SITE The term "Site" includes the SwapNotes website, all of its content and policies, modifications, updates, enhancements, revisions, and features. SwapNotes may modify, update, enhance or revise the site at any time, without prior notice. CREATIVE COMMONS SwapNotes operates under a Creative Commons Attribution 3.0 United States license. A summary can be found at http://creativecommons.org/licenses/by/3.0/ with the full text at http://creativecommons.org/licenses/by/3.0/legalcode You can also view the license by clicking on the link on the lower right hand side of the SwapNotes homepage OWNERSHIP This site, including all text, logos, and graphics is protected by intellectual property laws, including, but not limited to, patent, trademark, copyright, and trade secret laws. The Site is property of SwapNotes and/or third party licensors. All rights, title and interests in the Site remain with SwapNotes and/or third party licensors. Users shall have no rights but those expressly given. MATERIALS UPLOADED You agree that you will not upload any file infected with a virus or other damaging material. You agree that any file uploaded is either (i) your own work; (ii) have the permission of the creator and anyone else needed in order to be in compliance with relevant law. HYPERLINKS A link from the Site to a non-SwapNotes site does not mean that SwapNotes endorses or accepts any responsibility for its content, function, or use. Users enter such third party websites at their own risk. A link to the Site from a third party website shall not be construed as an endorsement from SwapNotes of that third party website. Users are cautioned to take precautions against viruses from websites. USE RESTRICTIONS You must be eighteen (18) years of age to use the Site. The Site is meant for personal use only. You agree not to (i) post or transmit any false, defamatory, obscene, pornographic, libelous, threatening, or unlawful materials that encourage conduct or could constitute conduct that would be considered criminal or give rise to civil liability; (ii) use the Site in any manner that violates any law, regulation, order or other restrictions. You further agree not to mirror the site, spider the site for purposes of data mining or harvesting. INDEMNIFICATION You will indemnify, defend and hold SwapNotes harmless against any and all claims, losses, liabilities, suits, damages and disputes, including but not limited to attorneys fees, arising from your use of the Site. This includes, but is not limited to, sending Materials to the site. CHANGES TO TERMS OF USE SwapNotes may modify these Terms of Use at any time, without prior notification. Continued use of the site shall constitute an agreement to the new Terms of Use. ACCOUNT AND SITE TERMINATION SwapNotes reserves the right to terminate the website, without prior notice. SwapNotes further reserves the right to terminate a user account, or restrict its access, at any time, at its sole discretion. INFORMATION You agree to provide SwapNotes with accurate information requested, and to update information as required, within a reasonable time frame. NOTICES AND PROCEDURES FOR COPYRIGHT INFRINGMENT SwapNotes does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SwapNotes will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. SwapNotes reserves the right to remove Content and User Submissions without prior notice. SwapNotes will also terminate a User's access to its Website, if they are determined to be a repeat infringer. SwapNotes also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. SwapNotes may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. SwapNotes will investigate notices of copyright infringement and take appropriate actions as warranted by the DMCA. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Send the written communication to the following postal address: SwapNotes Attn: DMCA Complaints 35 Spruce Street Cedarhurst, New York 11516 REPRESENTATION AND WARRANTY DISCLAIMER The Site and all information on the Site, including but not limited to text, images, links, on any websites, affiliated or unaffiliated with SwapNotes, which you may visit through the site, is provided "AS IS" by SwapNotes as a convenience to all users, without representation of any warranty to you or any third party. This includes, but is not limited to, express or implied warranties (I) of merchantability for a particular purpose; (II) of accuracy; (III) non-infringement; (IV) title; (V) of the Site being operated error free or uninterrupted; (VI) of prompt correcting of any errors or mistakes in the site; (VII) that the Site is compatible with any hardware or software. Efforts to modify, correct or accommodate the Site shall not be deemed a waiver of these limitations. SwapNotes shall not be liable to you or any third party for any lost profits, loss of use, interruption of business, whether direct or indirect, incidental or consequential damages of any kind whether under these terms of use, statutes, regulations, common law, even if SwapNotes was advised of the possibility of such damages or was negligent. In jurisdictions that prohibit limitations of liability for consequential or incidental damages, SwapNotes' liability is limited to the greatest extent permitted by law. INTERNATIONAL ISSUES SwapNotes makes no claim that the Site may be lawfully viewed or used outside of the United States of America. JURISDICTION AND VENUE These terms of use are entered into the state of New York and shall be governed and construed in accordance with the laws of the state of New York and the United States of America. Exclusive jurisdiction for any dispute, controversy or claim arising out of or in connection with these terms of use shall only be in the Federal or State court with competent jurisdiction located in Nassau County, New York. You consent to personal jurisdiction by such court in any such action. CONTACT INFORMATION Contact Information: Questions or comments regarding these terms can be directed to SwapNotes at info@swapnotes.com.
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