Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SWITCHPLANET.COM SITE OR SERVICES. BY USING, VISITING, OR BROWSING THE SWITCHPLANET.COM SITE OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, YOU DO NOT HAVE ANY RIGHT TO USE SWITCHPLANET.COM SITE OR SERVICES.

The Web pages available at www.switchplanet.com, and all linked pages (“Site”), are owned and operated by SwitchPlanet.com, LLC (“Company”), a California limited liability company, and are accessed by you (“User”) under the following terms and conditions:

User certifies to Company that if User is an individual (i.e., not a corporation), User is at least 18 years of age. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. These Terms of Use are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

SITE CONTENT. The Site and its contents are intended solely for the use by Company’s Users and may only be used in accordance with the terms of these Terms of Use. All materials displayed or performed on the Site including, but not limited to, text, graphics, news articles, photographs, images, illustrations, audio clips, and video clips (“Content”) are protected by copyright. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

This Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Terms of Use), create derivative works based on, distribute, perform, display, or in any way exploit any of the Content, software, materials, or Services.

User may not download or copy the Content, or other items displayed on the Site for download, without the express written consent of Company. User shall not store any portion of any Content in any form. The copying or storing of any Content is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content”s copyright notice.

User acknowledges and agrees that if User uses any of the Services to contribute Content to the Site, such Content shall become Company property, and User hereby assigns all rights, title, and interests in and to such contributions to Company and Company is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so.

User may not use the Site or Services for any commercial purposes or for the benefit of any third party.

USING THE SITE

– While using the Site, you will not:

– post content or items in an inappropriate category or areas on the Site;

– violate any laws, third party rights, or our policies;

– use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;

– fail to deliver items requested from you;

– post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

– take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to SwitchPlanet.com;

– transfer your SwitchPlanet.com account (including feedback) and User ID to another party without our consent;

– distribute or post spam, chain letters, or pyramid schemes;

– distribute viruses or any other technologies that may harm SwitchPlanet.com, or the interests or property of SwitchPlanet.com users;

– copy, modify, or distribute content from the Site and SwitchPlanet.com’s copyrights and trademarks; or

– harvest or otherwise collect information about users, including email addresses, without their consent.

CDs, DVDs, BOOKS AND VIDEO GAMES. Users may not illegally copy CDs, DVDs, BOOKS and/or Video Games. A User’s access to the Site or Services may be immediately terminated in the event the User uses the Site or Services for illegal purposes or makes unlawful copies of CDs, DVDs, BOOKS and/or Video Games or unlawfully distributes CDs, DVDs, BOOKS and /or Video Games. As a User, you acknowledge and agree that you have valid title and ownership rights to any CDs, DVDs, BOOKS and/or Video Games that you make available on the Site or Service.

PRIVACY. Usage of the Site or Services and any information submitted therein is subject to our Privacy Policy, the terms of which are incorporated herein. Users are advised to review our Privacy Policy.

LINKS. The Company Site or Services may contain links to or references to third-party websites. The Company is not responsible for these websites and has not reviewed such websites.

MEMBERSHIP, BILLING, PAYMENT. Details of your membership are available on the User account page of the Site. On occasion, the Company may offer a free trial, promotions, or other incentives. These offers are only available while they last and are subject a maximum of one per household. At the end of any free trial, promotion, or incentive, you will begin to be billed automatically unless you cancel, as required by the Company. You agree that as a User we are permitted to automatically charge or debit, as applicable, without further notice, the fees you incur in your use of the Site or Services. The fees for the Site and Services will be automatically renewed and charged to you.

WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to User. User acknowledges that Company has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content a User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Company from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. the services, content, site and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. COMPANY WILL NOT BE LIABLE FOR THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON COMPANY’S EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH USER’S USE OF THE SERVICES.

Company does not transfer legal ownership of items from one User to another User, and nothing in this Agreement shall modify the governing provisions of California Commercial Code – 2401(2) and Uniform Commercial Code – 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item’s lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code – 2401(2) and Uniform Commercial Code – 2-401(2).

REGISTRATION AND SECURITY. As a condition to using Services, User may be required to register with Company and select a password and User name (“Company User ID”). User shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of User’s account. User may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than User without appropriate authorization. Company reserves the right to refuse registration of, or cancel, a Company User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s Company password.

INDEMNITY. User will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless, including costs and attorneys’ fees, from (i) any claim or demand made by any third party due to or arising out of User’s access to the Site, use of the Services, the violation of these Terms of Use by User, or the infringement by User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY. in no event shall company be liable to a user with respect to the site or the services (i) for any amount in the aggregate in excess of the fees paid by user during the twelve (12) months immediately preceding the claim or twenty-five dollars ($25), whichever is less; or (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever.

If you have a dispute with one or more users, you release Company (and Company’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code – 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

FEES AND PAYMENT. Some of the Services require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User. User authorizes Company to automatically charge User for any and all fees incurred by User. Company reserves the right to change its price list and to institute new charges at any time. Use of the Services by User following such changes constitutes User’s acceptance of any new or increased charges.

FRAUD, ACCOUNT SUSPENSION OR TERMINATION, PROTECTION PROGRAM, ETC. User agrees not to commit fraud using the Site or Services. Examples of fraud include, but are not limited to, committing to send a DVD but not actually sending it, claiming a DVD was never received when in fact it was, claiming a DVD is lost, broken, incorrect, scratched, or otherwise problematic when it is not, etc.

Company reserves the right, in its sole and complete discretion, to suspend or terminate a User’s account or a User’s access to the Site or Services at any time with or without cause for any reason or no reason. Upon termination of the User’s account, User’s right to use the Services, access the Site, and any Content will immediately cease. Any fees paid by a User are non-refundable.

In addition, in the event a User claims more than three (3) instances of a lost, broken, incorrect, damaged, or otherwise problematic item per one hundred (100) items received by that User, Company may, at its sole and complete discretion, determine that the User is not eligible for the SwitchPlanet.com Protection Program, and Company may elect not to apply any credit to the individual’s account for such lost, broken, incorrect, damaged, or otherwise problematic items. In addition to suspending or terminating a User’s account or access to the Site or Services, Company may pursue any remedies available at law.

Without limiting other remedies, Company may limit your activity, warn its community of your actions, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account and refuse to provide Site or Services to you if: (a) you breach these Terms of Use or the documents it incorporates by reference; (b) Company is unable to verify or authenticate any information you provide to Company; or (c) Company believes that your actions may cause financial loss or legal liability for you, Users, or Company.

ABUSING SWITCHPLANET.COM

Without limiting other remedies, Company may limit, suspend, or terminate our the Services and User accounts, prohibit access to the Site, remove hosted content, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these Terms of Use.

MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including “line-noise” interference). If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable, or sub licensable by User except with Company’s prior written consent. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Both parties agree that these Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms of Use and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and User does not have any authority of any kind to bind Company in any respect whatsoever. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

DESCRIPTION OF SERVICES

Company reserves the right to change the nature, scope and type of services at any time and from time to time in its sole discretion. Notwithstanding the foregoing, following is an overview of some of the services and currently developed:

– SWITCHBUCS

SwitchBucs are the “currency” upon which all SwitchPlanet.com transactions are based. One SwitchBuc will be worth a “real money” value of the current going rate derived from the Switchbuc Calculator algorithm. Users can earn SwitchBucs by sending their items or they can purchase them using a credit card at the current going rate derived from the Switchbuc Calculator algorithm per SwitchBuc. Switchbucs whether purchased with a credit card or acquired via switching are not refundable for cash at this time. All switchbuc purchases are final.

– USER PROFILES

Users can create a profile that will include a picture either uploaded by them or one of Company’s default pictures, state and city, DOB, male or female, my favorite movies, my favorite CDs, my favorite video games, my favorite TV shows, and an “About Me” section where a User can input any text they choose. User profiles include a Comments section where other Users can leave messages. Within each User profile, there is also a contact form so Users can contact one another via email.

– EMAIL VERIFICATION DURING SIGN UP

When a new SwitchPlanet.com User signs up for a SwitchPlanet.com account, they will be taken through a process to verify their email address before their account is activated. When a new User wishes to sign up for an account, they must come to the Site and click “Sign Up Now.” The User is prompted to fill out some basic account information, including name, phone number, and email address. Once the new User has filled out that information, the Site will automatically send a “verification” email to that User’s email address and the User will be prompted to check their email account for that email. The email will contain a link back to SwitchPlanet.com that the User must follow. Once the member successfully follows that link, their account will be activated and they may begin trading discs on the Site.

– INVITE-A-FRIEND REFERRAL SYSTEM

Users can list one or more friends’ emails and send a message to those friends to join SwitchPlanet.com. When a new User signs up from one of these invitations, the referring User may receive credits for the referral.

– USER FEEDBACK AND DISC REVIEWS SYSTEMS

The Site allows Users to post feedback on other Users from whom they have requested items. Also, the Site allows Users to write reviews on any items within the system.

– MY ITEMS LIST

Each User may keep a list of the items that the User is willing to trade for SwitchBucs. To manage this list, Users may input their items by using the items name or search from a list of all items currently available and choose their items from there. Once a item is added to a User’s “My Items” list, the User can choose whether to offer that item for trade, to not offer that item for trade, or to remove that item from the list altogether. Items available for trade on the Site are managed through Users’ “My Items” lists.

– MY REQUEST LIST

In addition to listing their available items, Users can create a list of items they would like to request as SwitchBucs become available. This list is designed to facilitate trading among Users and to make each User’s experience more personalized. Users can place any number of items in this list and may request a item directly from their request list at any time.

– PROFILE AND SETTINGS

Users are encouraged to keep a personal profile with personal information about themselves, including interests, images, likes, dislikes, habits, favorites, etc. Users can update their profile at any time. Logged-in Users can search through the other Users’ profiles and can post comments to a User profile. Users can set their account status to “On Hold” at any time. This status setting will remove all of that User’s items from the Site and will stop automatic requests from the User’s request lists. This allows Users who are going out of town or are going on vacation to safely make their account “dormant” so that Users aren’t requesting their items while they are gone. When the User becomes available again, they can simply switch their account back to “active” and continue using their account just as they had in the past.

– COMMENT BOARD

Within each User profile there will be a User comment board. Any logged-in User can post a comment to another User’s profile. Once a User has posted a comment, that comment cannot be edited by the posting User. Each User has the option to “screen” their comments, or to let the comments be posted unscreened. If a User chooses to “screen” his/her comments, he/she will receive an email notification when a comment is posted. The User can then log-in and choose to make that comment “visible,” effectively approving the “screened” comment.

– ITEM REVIEWS

Users can post comments and reviews on each item within the SwitchPlanet.com item database. Users can submit a comment using a rating from a 1-5 rating system. All item ratings will appear in that items detail view, and an average rating will be summed from all User ratings posted for that item. Users can view all of the reviews they have submitted from their account area. Members have access to remove any reviews that they have posted in the past.

– USER FEEDBACK

Each User that requests a item from another User can rate the sending Use after the transaction has been completed. The User ratings system is a closed system whereby only Users who have requested items from a certain User can rate that member. When rating a sending User, the requesting User can post a text comment using a graduated scale (e.g., one to five – one being “Bad,” five being “Great,” etc.). Each User can view all of his/her ratings and can send in a request to SwitchPlanet.com to “dispute” any ratings that he or she doesn’t feel is accurate.