Terms of Use
Effective: January 13, 2012
Updated: February 11, 2013.
ACCEPTANCE OF TERMS
Welcome to the My School Swap, LLC website located at www.myschoolswap.com (hereinafter “My School Swap” or “website”). My School Swap provides online classified ad listings and sponsored ad listings as well as other online resources (“Services”) visitors can use to facilitate school fundraising. Use of My School Swap’s Services subjects you to the following terms and conditions, and if you object to any of these Terms of Use, your only recourse is to immediately discontinue use of My School Swap.
A NOTE ABOUT CHILDREN
Children (defined as those persons under the age of 18) are not eligible to use My School Swap without supervision. If you are under the age of 18 and want to use the website, you may only do so with the supervision of your legal parents or guardian.
PRIVACY, SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to MySchoolSwap.com. We reserve the right to make changes to our website, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
ELECTRONIC COMMUNICATIONS
When you visit My School Swap and/or become a member or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, policies, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on My School Swap, such as text, graphics, logos, button icons, images, and software, is the property of My School Swap or our content or software suppliers and is protected by United States copyright laws. The compilation of all content and software used on this website is the exclusive property of My School Swap or our software suppliers and protected by U.S. copyright laws.
TRADEMARKS
My School Swap graphics, logos, button icons, and service names are trademarks, or trade dress of My School Swap in the U.S. My School Swap’s service name/logo is a registered trademark with USPTO. My School Swap's trademarks and trade dress may not be used in connection with any product or service that is not My School Swap's, or in any manner that is likely to cause confusion among users or members. All other trademarks not owned by My School Swap that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by My School Swap.
REAL ESTATE ADVERTISING
When posting a Real Estate Ad on My School Swap, you must comply with section 3604(c) of the Federal Fair Housing Act. This law generally prohibits stating, in any notice or ad for the sale or rental of a dwelling, a discriminatory preference based on any of the following protected categories:
Race or Color
National Origin
Religion
Sex
Familial Status
Handicap / Disability
The U.S. Department of Housing and Urban Development (HUD) and the Department of Justice provide further information. State and local laws also prohibit discrimination based on other factors. Housing discrimination can be reported to HUD at 1-800-669-9777 or to a local fair housing advocate. If an Ad on My School Swap seems to violate the Fair House Laws, please report this posting.
The Fair Housing Act provides additional protections, and limited exceptions, that are explained in publications from the U.S. Department of Housing and Urban Development ("HUD") and the Department of Justice.
LICENSE AND SITE ACCESS
My School Swap grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of My School Swap. This license does not include any resale or commercial use of this website or its contents; any collection and use of any item listings, descriptions; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another company or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of My School Swap. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of My School Swap without express written consent. You may not use any meta tags or any other "hidden text" utilizing My School Swap's name or trademarks without the express written consent of My School Swap. Any unauthorized use terminates the permission or license granted by My School Swap. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of My School Swap located at www.myschoolswap.com so long as the link does not portray My School Swap, or its listings in a false, misleading, derogatory, or otherwise offensive manner. You may not use the My School Swap logo or other proprietary graphic or trademark as part of the link without express written permission. You are granted a limited, revocable, and nonexclusive right to download certain school fundraising and promotional material (“material”) containing My School Swaps’ graphics, logos, and service names and or trademarks so long as you use the material solely to promote school fundraising and My School Swap and do not portray My School Swap in a false, misleading, derogatory or otherwise offensive manner.
YOUR ACCOUNT
If you use this website, you are responsible for maintaining your password and the confidentiality of your account, and you agree to accept responsibility for all activities that occur under your account or password. My School Swap does list products for children, but the website is intended to be used by persons over the age of eighteen (18) If you are under 18, you may use My School Swap only with involvement of a parent or legal guardian. My School Swap reserves the right to terminate accounts, remove or edit content, or cancel orders in our sole discretion.
CONTENT
You may post listings, ads, photos, and other content, suggestions, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. My School Swap reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post ad content or submit material, and unless we indicate otherwise, you grant My School Swap a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. This may include reposting any ad listing on Facebook, Twitter or Pinterest for promotional purposes. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify My School Swap for all claims resulting from content you supply. My School Swap has the right but not the obligation to monitor and edit or remove any activity or content. My School Swap takes no responsibility and assumes no liability for any content posted by you or any third party
NO SPAM POLICY
My School Swap has a strict anti-spam policy and you understand and agree that if you send unsolicited email advertisements through My School Swap or through our computer systems, it is a violation of these Terms and certain federal and state laws, including but not limited to the Computer Fraud and Abuse Act, and such violations may subject the sender to civil and criminal penalties.
REPORTING PROBLEMS
My School Swap provides you with a reporting system to report to us any problems or offensive content and we ask that you email us at: legal@myschoolswap.com so that we can take appropriate action to ensure that our website is operating properly. My School Swap reserves the right to remove content, restrict or limit a member’s service and take legal actions in the event we find a user is violating these Terms of Use or acting in a manner inconsistent with our policies. Notwithstanding, My School Swap disclaims any obligation to monitor My School Swap or for any unlawful or unauthorized content, including user replies to posted ad listingson My School Swap or any and all liability for claims resulting from My School Swap’s monitoring of content on the website.
COPYRIGHT COMPLAINTS
My School Swap respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at: legal@myschoolswap.com. Please identify the material on the website that you claim is misleading, make a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner and that you claim under penalty of perjury that your notice is accurate or that you are the owner of the content in question. Please also provide sufficient contact information such as your address, telephone number and email address as well as a physical or electronic signature so that we can contact you.
RISK OF LOSS
All items swapped or purchased or any services provided between parties arising from classified advertisements posted on My School Swap are made between the seller and the buyer. This means that the risk of loss and title for such items passed is solely between parties. My School Swap does not provide buyer or seller protection, guarantees or warranties.
PRODUCT DESCRIPTIONS
My School Swap does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY MY SCHOOL SWAP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MY SCHOOL SWAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MY SCHOOL SWAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MY SCHOOL SWAP DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM MY SCHOOL SWAP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MY SCHOOL SWAP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting MySchoolSwap.com, you agree that applicable federal law, and the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and My School Swap.
OUR ADDRESS
My School Swap, LLC
P.O. Box 292
Gainesville, Virginia 20156
http://www.MySchoolSwap.com
CONTACT
Legal@myschoolswap.com