Terms Of Service

This is the Terms of Service for http://www.exchangester.com

ACCEPTANCE OF TERMS

Exchangester provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated at anytime without notice to you. You can review the most current version of the TOS at: http://www.exchangester.com/help/terms/.

DESCRIPTION OF SERVICE

Exchangester currently provides users with access to various communication tools which will be referred to as the “Service”.

You understand and agree that unless explicitly stated otherwise, any new features of the Service, shall be subject to the TOS.

You understand and agree that the Service is provided "AS-IS" and that Exchangester assumes no responsibility for any failure in communications.

You understand and agree that you are responsible for obtaining access to the Service.

You understand and agree that the Service may include advertisements and that these advertisements are considered part of Exchangester membership and you will not be able to opt out of receiving them.

You understand and agree that the Service may include communications from Exchangester and that these communications are considered part of Exchangester membership and you will not be able to opt out of receiving them. You further understand that these communications may be in various forms including but not limited to email.

You understand and agree that Exchangester has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view these areas.

REGISTRATION REQUIREMENTS

When you register you agree:

  1. that you are of legal age to form a binding contract under the laws of the United States and you are at least 18 years of age or older.
  2. to provide truthful information on your registration form.
  3. to update your registration data to keep it truthful and accurate.
  4. to not use automated methods to register for an account.
  5. to only create one account.
  6. to not share your account with another person.

If you provide any false information on your registration form Exchangester has the right to terminate your account and refuse any future service.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will choose a password and account name upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to notify Exchangester immediately of any unauthorized use of your account or any other breach of security. Exchangester will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You agree to assume all risk and liability arising from your use of the Service, including the risk of a breach in the security of any private information you may have submitted.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

You understand that all information, data, text, software, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Exchangester be liable in any way for any Content.

Exchangester does not claim ownership to any content you upload to the service.

You acknowledge that Exchangester may not pre-screen Content, but that Exchangester and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service.

You acknowledge, consent and agree that Exchangester may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Exchangester, its users and the public.

MEMBER OR USER CONDUCT

You agree as either a registered member or non-registered user of this website to not use the Service to:

  1. intentionally or unintentionally violate any applicable local, state, national or international law.
  2. upload, post, email, or otherwise make available Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way.
  3. impersonates any person or entity.
  4. upload, post, email, or otherwise make available Content that includes personal or identifying information about another person without that person's explicit consent.
  5. upload, post, email, or otherwise make available Content that contains affiliate marketing, chain letters, pyramid schemes, or unsolicited commercial advertisements (spam or junk mail).
  6. scrape data or email addresses using an automated method.

MODIFICATIONS TO SERVICE

Exchangester reserves the right to change, modify, suspend, or terminate the service (or any part of the service) at anytime with or without prior notification.

TERMINATION

You agree that Exchangester may terminate your account at anytime for any reason and without prior notice.

EXCHANGESTER'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

Exchangester grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.

You agree not to access the Service by any means other than through the interface that is provided by Exchangeser for use in accessing the Service.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE EXCHANGESTER SITE AND SERVICE IS AT YOUR OWN RISK. THE EXCHANGESTER SITE AND SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCHANGESTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCHANGESTER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXCHANGETSER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

TRADEMARK INFORMATION

Exchangester is a trademark of Exchangester and you agree not to display or use it in any manner, without prior permission from Exchangester.

GENERAL INFORMATION

The TOS constitute the entire agreement between you and Exchangester.