By joining this Site, you become a member of a national club committed to sharing DVDs. Each member lists DVDs he or she is willing to send out upon request. After listing your first 10 DVDs, you get one 'startup' DVD credit good toward the selection of any other club member's DVDs (limit one free startup credit per household). For each DVD you send out that is received, you earn one DVD Credit per disc (two DVD Credits per Blu-ray disc). With your DVD Credits, you may order DVDs from other members, who will ship them to you at their expense. Each DVD costs one DVD Credit and each Blu-ray costs two DVD Credits. Shipments also cost one "swap fee" (of $0.49 cents) each, to the requesting member.
When other members order DVDs from you, you ship the DVDs at your expense (US Media Mail or First Class postage are typically the least expensive methods) and when the DVDs are received, you earn one DVD Credit for each disc, or two DVD Credits for each Blu-ray.
At present, Site membership is free, but we may institute a charge at some point in the future to defray the cost of providing this valuable service. If we do add any fees, you will be given plenty of notice and have the opportunity to accept or decline the charges.
SwapaDVD grants you a non-exclusive, non-transferable, license to access, use and display this Web site (the "Site") and to use the associated service, as long as you comply with this Agreement in its entirety. This Site is only for your personal, noncommercial use. You promise not to interfere in any way with the operation of this Site.
This Site may be used only by persons 18 years of age or older. SwapaDVD makes no representations whatsoever regarding the suitability of any items exchanged through this Site.
One Account per Person, Maximum of Two Accounts per Address or Household
No individual is permitted to register more than one account. No individual may register "for" another person, or manage more than one account. No more than two accounts are permitted per address or household. Only one account per household will be eligible for startup DVD Credit.
No Institutional Membership
Membership is permitted for individuals only. No organization, institution or other association may become a member of, or participate in, the service.
Registration in Own Name
Accounts may be registered only by the individual seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real, is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. SwapaDVD prosecutes fraud to the fullest extent of the law.
Your account and DVD Credits are not transferable.
Correctional Institution Inmates Prohibited
By using this Site, you agree to participate in the free exchange of personal property, including but not limited to books, audio books, videotapes, DVDs, video games, CDs, Blu-rays, and other items as may be deemed appropriate for inclusion by the Site.
Listing or Posting
By listing or posting items for selection by the exchange community, you aver that you are the sole owner of the items and have the unrestricted right to transfer ownership thereof. By posting or listing an item for exchange with the Site, you agree to ship the item when requested. The posting or listing of items without the intention of exchanging them when requested is expressly prohibited and may constitute wire or mail fraud in violation of U.S. and state law. The listing or posting of items for exchange that you do not have in your physical possession is expressly prohibited.
You agree that all items posted and shipped are legal and do not infringe any intellectual property rights, including but not limited to copyrights, trademarks, and patents.
Sexually explicit, pornographic, or obscene material
You agree not to post or ship any items of a sexually explicit, pornographic, or obscene nature. X-rated material is specifically prohibited.
Members who have an item returned to them as defective agree not to re-list that same item for exchange unless and until the defect has been resolved.
Items in violation of law
You further agree that you will not post or ship any items in violation of the laws or regulations of any state, city, county, parish, township, municipality, federal agency, or other governmental entity.
This site is designed for the exchange of media items requested by other club members. Members shall not include additional material such as advertising, commercial solicitations, political materials, religious tracts or similar items in any requested mailing. Members further agree not to use member names, addresses, member lists, or any subset thereof for the development of mailing lists or the distribution of advertising, commercial solicitations, political materials, religious tracts or similar items, whether or not included with requested media.
No Site Review
You understand that SwapaDVD cannot review items posted to the Site. You agree to assume full responsibility for any items posted to your account and shipped by you. You agree to indemnify and hold SwapaDVD harmless for any violations of law or regulation that arise in connection with the posting to your account of items resulting in civil or criminal liability.
By shipping a requested item, you are transferring all ownership rights that you may have in such item and forever waive any claims thereto. Items exchanged through this service become the sole property of the recipient with no obligation to re-list the item.
You agree to respond to all valid requests to ship posted items in a timely manner. Failure to promptly ship posted items may result in a forfeiture of DVD Credits for future exchanges. You agree to ship all items at your own expense.
Members are required to provide a current, dependable, and secure mailing address at which items may be reliably received. In the event of a change of address, Members are responsible for updating such changes to their Site account. Failure to report change of address in a timely fashion may result in loss of DVD Credit for misaddressed items.
Members shall promptly report to Site when items have been received in order to facilitate credit for shipping members. Failure to promptly report item receipt may result in forfeiture of DVD Credits and/or account suspension, in the sole discretion of Site.
Lost or Damaged Items
SwapaDVD is not responsible for any item that is shipped by a member and is lost or damaged in the shipping process. DVD Credits are only earned when items are received in good condition by the requesting member. Items lost or damaged in transit are the sole responsibility of the shipping member. In the event that there is a dispute between members regarding the shipment or condition of an exchanged item, SwapaDVD will attempt to mediate the dispute and may, in its sole discretion, grant DVD Credits or other compensation to members who have shipping or condition problems.
Members making inappropriate reports of damaged or lost items may be subject to DVD Credit forfeiture and/or account suspension, in the sole discretion of Site.
SwapaDVD may make available to users of the Site, message boards, opinion forums, bulletin board services or other interactive communication facilities. SwapaDVD cannot review all communications made on or through the Site. However, SwapaDVD reserves the right to monitor the Forums and edit, modify or delete any materials which SwapaDVD in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any SwapaDVD policy, either written or unwritten. SwapaDVD further reserves the right use posted materials for its own purposes for marketing, communication, advertising, or any other purpose at the sole discretion of SwapaDVD. You agree not to use SwapaDVD forums for the posting of any material that is illegal, threatening, sexually explicit, pornographic, obscene, infringing on intellectual property rights, injurious to third parties, defamatory, or otherwise objectionable.
SwapaDVD.com members may, if they choose, submit their original work in the form of reviews and tutorials, or other communications forums that Site may choose to make available. By posting material to these sections, users agree to the following terms:
Those submitting original material grant SwapaDVD an irrevocable license to publish posted material, either on this or an affiliated web site, or in some hardcopy form, in perpetuity without any compensation to the author whatsoever.
Submissions must be original. Those submitting material agree to indemnify and hold SwapaDVD harmless for any unauthorized posting of copyrighted works.
Submissions may not be libelous or defamatory. Those submitting material agree to refrain from submitting any libelous or defamatory material and to indemnify and hold SwapaDVD harmless for any such postings.
Submissions may not be illegal, threatening, sexually explicit, pornographic, obscene, or otherwise objectionable. Those submitting material agree to refrain from submitting such material and to indemnify and hold SwapaDVD harmless for submissions that result in liability for SwapaDVD in any way whatsoever.
Participants who comment on submitted works agree to do so in a respectful manner and avoid engaging in personal attacks or demeaning others' efforts. Participants understand and agree that the purpose of this service is to provide a forum for expression and the exchange of ideas between movie/TV enthusiasts. Those who do not respect the rules may be banned from participation.
SwapaDVD may make available to members links to other sites not owned or affiliated with Site. Site makes no representations whatsoever regarding the suitability or appropriateness of linked sites, provides no endorsement of outside companies, nor accepts any liability whatsoever for such links.
Participants in the Box-O-DVDs service agree to exchange multiple items with other members without the use of DVD Credits. Each Box-O-DVDs participant bears their own expenses for shipping and also bears the risk of nonreceipt of or damage to the exchanged items. In the event of nonreceipt, damage, or other problems associated with a Box-O-DVDs exchange, SwapaDVD assumes no liability. SwapaDVD may, in its sole discretion, attempt to mediate disputes between dissatisfied Box-O-DVDs participants or provide compensation in the event that mediation is unsuccessful, but is under no obligation to do so. Box-O-DVDs participants agree to hold SwapaDVD harmless from any liability associated with participation in the Box-O-DVDs service.
Fees and Payment
Users agree to mail items at their own expense. SwapaDVD reserves the right to institute a monthly or yearly fee for continuing use of the Service, provided that all users will have the opportunity to opt out before incurring any charges. SwapaDVD also reserves the right to charge fees for incidental benefits associated with membership. Fees may be charged for DVD Credits, Box-O-DVDs participation, delivery confirmation, wish lists, or other services, in the sole discretion of SwapaDVD. Fees may be added, discontinued, or changed at any time without notice. Once a member elects to purchase a fee-based good or service, payments are non-refundable.
When you order a DVD, one DVD credit will be subtracted from your DVD Credit account PER DISC (2 DVD Credits PER DISC for Blu-Ray movies), and one Swap Fee (per shipment) will be subtracted from your SwapaDVD Money balance. When you ship a DVD and the recipient acknowledges receipt, you get a DVD Credit added to your credit account. DVD Credits may also be purchased for a fee from Site. DVD Credits have a cash value of 1/20th of one cent. SwapaDVD reserves the right to change the cash or exchange value of DVD Credits at any time without prior notice and without any compensation to members with existing DVD Credits.Dormant Accounts
An account may be deemed "dormant" when a member has not logged in within any 1 year period. Dormant accounts may be closed and any accumulated DVD Credits forfeited without compensation to the account holder.
SwapaDVD accepts credit cards, money orders, checks, and PayPal as a means of adding funds to a member's SwpaDVD Money account. SwapaDVD Money can be used to purchase SwapaDVD Printable Postage, SwapaDVD Delivery Confirmation, Custom DC and other services as defined in the Kiosk; SwapaDVD Money has no redeemable cash value. SwapaDVD reserves the right to change the price of DVD Credits and other goods or services at any time without prior notice and without any compensation to members with existing funds in their SwapaDVD Money accounts. Funds added to a member's account are earned by SwapaDVD when deposited and are non-refundable.Dormant Accounts
An account may be deemed "dormant" when a member has not logged in within any 1 year period. Dormant accounts may be closed and any accumulated SwapaDVD Money forfeited without compensation to the account holder.
SwapaDVD 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 for outstanding DVD Credits or SwapaDVD Money, whether earned through DVD shipments or purchased.
You are solely responsible for any fees involved in connecting to this Site, including telephone and long distance charges, computer charges, online subscriptions, etc.
If the Site institutes a monthly or annual fee, users who are dissatisfied with this service may cancel within the first 30 days of use and receive a refund of annual membership fees, in the event that fees have been paid, computed according to the following schedule:
- No DVD Credits used: Full refund
- 1 DVD Credit used: 50% refund
- 2 DVD Credits used: No refund
Regardless of the number of DVD Credits used, no refunds will be issued after 30 days of service.
Distribution of Site Materials, Posted Items
You agree not to post, transmit or otherwise distribute site materials, including but not limited to, product lists and program terms.
Commercial Use Prohibited
This Site and the associated service are to be used for non-commercial purposes only. Commercial use of the Site or associated service is absolutely prohibited and constitutes a breach of this contract, giving rise to substantial damages. Commercial use includes but is not limited to the following:
- Any systematic effort to resell ordered items online or in person
- Any use of bots or other systems to repeatedly access the site in an automated fashion
- Use of the search function on the site for any purpose not directly related to participation in the DVD exchange
Commercial use will result in immediate cancellation of service and forfeiture of DVD Credits and SwapaDVD Money. You hereby agree that damages from the commercial use of this site are difficult to compute. Damages from breach of this commercial use provision shall therefore be set at $10 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.
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 service by competing businesses, affiliates, employees, or other associates is absolutely prohibited and constitutes a breach of this contract, 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 competitor provision shall therefore be set at $10 per unauthorized Site visit. You hereby agree that such damages are a reasonable estimate of actual damages and waive your right to contest these damages in a court of law or other proceeding.
Use of this Site requires a password. You agree to maintain confidentiality of your password and are solely responsible for 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, password, or any credit, debit or charge card number stored on the Site) you should notify SwapaDVD immediately of the problem to avoid possible liability for unauthorized charges to your account or unauthorized use of your DVD Credits.
Trademarks & Copyrights
The web pages on this Site are owned by SwapaDVD and are the sole property thereof. SwapaDVD retains all rights, title, and interest in the content of these web pages. You agree not to use any trademarks, service marks, names, logos, or other identifiers of SwapaDVD without the express written consent of SwapaDVD.
One or more patents apply to this Site and its features and business processes, including but not limited to US Patents and patents pending and all corresponding foreign counterparts.
SwapaDVD respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact SwapaDVD and provide the following information:
- A description of the copyrighted work that you claim has been infringed;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A sworn statement that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may contact SwapaDVD at the following address:
3651 Peachtree Parkway Suite E-390
Suwanee, GA 30024
DISCLAIMER OF WARRANTY
ALL ITEMS EXCHANGED THROUGH THIS SITE AND THE ASSOCIATED SERVICE ARE PROVIDED BY THE SITE MEMBERS "AS IS." SWAPADVD MAKES NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT WITH RESPECT TO ANY ITEMS EXCHANGED THROUGH THIS SITE OR THE ASSOCIATED SERVICE.
Limitation on liability
USE OF THIS SITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL SWAPADVD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE SWAPADVD SITE OR ASSOCIATED SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHER THEORY OF LIABILITY) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE SWAPADVD SITE.
No class actions
You forever waive your right to participate in any class action against SwapaDVD, its successors, subsidiaries, affiliates, or assigns, whether in a court of law, administrative body, through arbitration, or any other process in a joint action with other similarly situated complainants. No legal, arbitrative, administrative, or other action against SwapaDVD, its successors, subsidiaries, affiliates, or assigns, may be combined with any other action and you agree that you will consent to any motion to sever any action of which you are a part and proceed against SwapaDVD individually.
You agree that any claim or dispute against SwapaDVD, its successors, subsidiaries, affiliates, or assigns, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this contract, including the validity of this arbitration clause, shall be resolved by binding arbitration, except that, to the extent you have in any manner violated or threatened to violate SwapaDVD's rights, SwapaDVD may seek injunctive or other appropriate relief in any state or federal court in the state of Georgia or any other state or territory of appropriate jurisdiction, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted by the National Arbitration Forum, under the Code of Procedure then in effect, with costs of the proceedings born equally by you and SwapaDVD. Any award of the arbitrator may be entered as a judgment in any court of competent jurisdiction. If for some reason this arbitration provision does not apply, we each waive our right to any trial by jury.
SwapaDVD reserves the right to immediately terminate the service and forfeit all DVD Credits and SwapaDVD Money balances of any member who SwapaDVD determines, in its sole discretion, has violated one or more conditions of this contract. In the event such termination occurs, SwapaDVD has no obligation whatsoever to refund any portion of fees paid or to pay compensation for DVD Credits forfeited, SwapaDVD Money balance, or lost use of Site privileges.
SwapaDVD shall not be liable in damages for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of SwapaDVD.
In the event that any provision of this Agreement shall be found to be void or unenforceable, such finding shall not be construed to render any other provision of the Agreement either void or unenforceable, and all other provisions shall remain in full force and effect unless the provisions which are void or unenforceable shall substantially affect the rights or obligations granted to or undertaken by either party.
This Agreement constitutes the "entire agreement" between the parties. No warranties, conditions, or representations (including any that may be implied by statute) have been made and there are no agreements between the parties other than those specifically set forth herein. No individual modifications to this Agreement shall be of any force or effect unless reduced to writing and signed by both parties hereto and expressly referred to as being modifications of this Agreement.
This Agreement and the documents to be entered into pursuant to it shall be governed by and construed in accordance with the law of the state of Georgia, USA, with Atlanta, Georgia, USA the site of any hearings or other proceedings pursuant to this agreement.