Who Owns What and How You Can Use It

1. The copyright to all content on the App and Services is owned by the provider of that content
   1. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the App and the Services (“Copyright Content”) are the property of GlobalSwapp or its content suppliers and are protected under applicable copyrights, trademarks, and other proprietary rights.
   2. You may not copy, redistribute, use, or publish any part of the App or the Services, except as allowed by these Terms of Use.
   3. You do not acquire ownership rights to any content, document, or other materials viewed through the App or the Services.
2. You may not use trademarks appearing on the App or Services in an infringing manner
   1. You agree that GlobalSwapp, www.GlobalSwapp.com, GlobalSwapp Mobile, and other GlobalSwapp graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of GlobalSwapp or its affiliates (“Trademark Content”).
   2. GlobalSwapp trademarks and trade dress may not be used in connection with any product or service that is not owned, or expressly approved of in writing, by GlobalSwapp, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits GlobalSwapp.
   3. All other trademarks not owned by GlobalSwapp or its affiliates that may appear on the App or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GlobalSwapp or its affiliates.
3. You may use the GlobalSwapp App and Services for limited purposes
   1. GlobalSwapp grants you a limited license to access and make personal use of the App and the Services.
   2. GlobalSwapp does not grant you the right to download (other than page caching) or modify the App and the Services, or any portion of the App and the Services.
   3. You understand GlobalSwapp does not grant you the right to: (a) resell or make commercial use (except as provided herein) of the App and the Services or their contents; (b) make any derivative use of the App and the Services or their contents; (c) download or copy account information for the benefit of a third party or merchant; or (d) use any data mining, robots, or similar data gathering and extraction tools.
   4. You understand that the App and the Services or any portion of App and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, other than as required for the limited commercial use granted herein.
   5. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of GlobalSwapp and our affiliates without express written consent.
   6. You may not use any meta tags or any other “hidden text” utilizing GlobalSwapp’s name or trademarks without the express written consent of GlobalSwapp. Any unauthorized use terminates the permission or license granted by GlobalSwapp hereunder.
   7. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering of the Services.
   8. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of GlobalSwapp or to the page representing your listing(s) on GlobalSwapp so long as the link does not portray GlobalSwapp, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
   9. You may not use any GlobalSwapp logo or other proprietary graphic or trademark as part of the link without express written permission.
4. Some portions of the Services rely on Supported Platforms
   1. You acknowledge that the App and Services interoperate with several third-party sites and services, including but not limited to Twilio, Facebook, Apple Face ID, Google and other third-party services (the “Supported Platform(s)”), and that some of the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to provide availability to GlobalSwapp on reasonable terms, GlobalSwapp may cease to provide such features to you without any compensation.
   2. In order to use the features of the Services related to the Supported Platforms, you may be required to register for or log into such Supported Platforms on their respective websites. By enabling such Supported Platforms within the App or Services, you are allowing GlobalSwapp to pass your log-in information to these Supported Platforms for this purpose.
5. You have the necessary rights to share content and materials should you choose to
   1. The App and Services permit you and other users to create, submit, share, post, copy, link, store, and otherwise distribute certain information, images, photos, drawings, videos, icons, text, and/or other content (“User Content”).  You are responsible for your User Content, including without limitation its legality, reliability, and appropriateness.
   2. You warrant that either: (i) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (ii) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to GlobalSwapp as set forth herein, with full knowledge that GlobalSwapp may exploit it in any manner whatsoever. You make such warranties without GlobalSwapp incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
   3. You grant to GlobalSwapp the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache, or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or, hereafter developed, and to advertise, market, and promote the same.
   4. You further agree that GlobalSwapp is free to use any ideas, concepts, know-how, or techniques contained in any User Content you send to the App or GlobalSwapp, for any purposes whatsoever, including, without limitation, developing, producing, marketing, and otherwise exploiting products and/or services using such User Content without remuneration of any kind.
   5. You further perpetually and irrevocably grant GlobalSwapp the unconditional right to use and exploit your name, persona, and likeness included in any User Content.
   6. You also grant to GlobalSwapp the right to sub-license and authorize others to exercise any of the rights granted to GlobalSwapp.
   7. You authorize GlobalSwapp to publish your User Content in a searchable format that may be accessed by users of the App, Services, and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
6. GlobalSwapp’s Copyright Policy
   1. GlobalSwapp neither condones nor authorizes any activities on or through the Services that infringe copyright or intellectual property rights. If you are a copyright holder or an agent thereof who has a good faith belief that any User Content or any other information available on the App infringes upon your copyrights (“Complaining Party”), please provide a written notice pursuant to the Digital Millennium Copyright Act (“DMCA”) of the alleged copyright infringement with the information listed below (“Infringement Notice”). The Infringement Notice must be sent to our designated copyright agent below (“Designated Agent”) for receipt of such notices:
   2. GlobalSwapp Inc.
   3. 117-24 229th Street
   4. Cambria Heights, NY 11411
   5. Phone: [company phone number]
   6. Email: info@globalswapp.com [This can be any GlobalSwapp email you choose, but you may want to consider creating an admin account that addresses all customer service issues, including copyright concerns]
   7. The Infringement Notice must include the following information (see 17 U.S.C 512(c)(3) for further detail):
   8. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed. Whoever signs the notice should also identify whether they are the copyright owner or an agent of the owner;
   9. A description of each copyrighted work claimed to have been infringed;
   10. A description of the content claimed to be infringing;
   11. A description of where the content claimed to be infringing is located on the App, including identification of the URL or other specific location on the App;
   12. Contact information for the Complaining Party, including the complete name, address, telephone number, and email address; and
   13. The following two statements:
   14. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
   15. “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
   16. Upon receipt of an Infringement Notice, containing the necessary information and statements specified in this Section V(6), we will promptly: (a) disable or remove access to the material that is allegedly infringing; (b) forward the Infringement Notice to such alleged infringer (“Infringement Notice Recipient”); (c) take reasonable steps to notify such Infringement Notice Recipient that we have removed or disabled access to the materials and that such Infringement Notice Recipient has the right to file a Counter Notice (as defined below in Section V(7)).
   17. Complaining Party acknowledges that if the Complaining Party fails to comply with all of the requirements of this Section V(6), the Infringement Notice may not be valid and GlobalSwapp is not obligated to promptly remove the requested content.
7. Counter Notice
   1. If the Infringement Notice Recipient has a good faith belief that GlobalSwapp disabled or removed material the Infringement Notice Recipient posted by mistake or misidentification, the Infringement Notice Recipient may provide a written counter notice with the information listed below in this Section V(7) (a “Counter Notice“) to our Designated Agent listed in Section V(6). The Counter Notice, pursuant to the DMCA, must be a written communication provided by an Infringement Notice Recipient to our Designated Agent by e-mail or regular mail, and must include the following:
   2. A physical or electronic signature of the Infringement Notice Recipient;
   3. Identification of the content that has been removed or to which access has been disabled;
   4. The location at which the content appeared before it was removed or access to it was disabled;
   5. A statement under penalty of perjury that the Infringement Notice Recipient has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
   6. The Infringement Notice Recipient’s name, address, and telephone number, and a statement that the Infringement Notice Recipient consents to the jurisdiction of Federal District Court where the Infringement Notice Recipient is located or where GlobalSwapp is located if Infringement Notice Recipient is located outside the United States, and that the Infringement Notice Recipient will accept service of process from the person who provided notification or an agent of such person.
   7. Please note submitting a Counter Notice has real legal consequences.  If the Complaining Party disagrees that the Infringement Notice is mistakenly filed, the Complaining Party may file a lawsuit to keep the allegedly infringing content disabled. An Infringement Notice Recipient should contact an attorney to thoroughly investigate the validity of the Infringement Notice prior to submitting a Counter Notice.   
   8. Upon receipt of a Counter Notice containing the information as outlined in this Section V(7):
   9. GlobalSwapp will provide the Complaining Party, with a copy of the Counter Notice;
   10. GlobalSwapp will inform the Complaining Party that it will replace the removed content or cease disabling access to the content within ten (10) to fourteen (14) business days;
   11. GlobalSwapp will replace the removed content or cease disabling access to the content within ten (10) to fourteen (14) business days following receipt of the Counter Notice, provided the Designated Agent has not received notice that an action has been filed seeking a court order to restrain the Infringement Notice Recipient from engaging in infringing activity relating to the content on the App’s network or system.
   12. Please be aware that if you knowingly materially misrepresent that the content is infringing or that GlobalSwapp, by mistake or misidentification, removed the content or disabled access, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
8. Repeat Infringer Policy
   1. Notwithstanding the fact that GlobalSwapp has no legal obligation to monitor or screen the User Content or user’s activities on the App, GlobalSwapp reserves the right to remove or disable access to any content at any time, and to disable any user’s access to all content and Services on the App, for any reason and without liability, including without limitation, the belief that the User Content or user’s activity infringes or potentially infringes any third party rights, the User Content or User’s activity breaches any of these Terms of Use or applicable law, and any User Content or user’s activity otherwise unacceptable to GlobalSwapp.
   2. GlobalSwapp will terminate your access to the App and Service if GlobalSwapp determines, in its sole discretion, that you have repeatedly infringed on any copyrighted materials or repeatedly breached these Terms of User. Any user that receives more than two (2) Infringement Notices as described in Section V(6) without any valid Counter Notice as described in Section V(7), shall no longer have any access to the App and Services, and such user’s account shall be terminated.
   3. GlobalSwapp will terminate your account without warning if ordered to do so by a court, or in other appropriate circumstances, as determined at GlobalSwapp’s discretion.

What Laws and Rules You are Responsible for Following

1. You promise to comply with this Agreement and any laws or regulations applicable to you
   • You promise not to use the App or the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the App and the Services. You shall abide by all applicable local, state, national, and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.
2. You agree to comply with GlobalSwapp’s conduct policies when using the App or Services
   1. We do our best to keep the App and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
   2. You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, or in any way exploit the App or Services except as expressly authorized by GlobalSwapp;
   3. You will not take any action that imposes or may impose (as determined by GlobalSwapp in its sole discretion) an unreasonable or disproportionately large load on GlobalSwapp’s (or its third-party providers’) infrastructure;
   4. You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the App or Services, except to the limited extent applicable laws specifically prohibit such restriction;
   5. You will not interfere or attempt to interfere with the proper working of the App and Services or any activities conducted on the App and Services;
   6. You will not bypass any measures GlobalSwapp may use to prevent or restrict access to the App and Services (or other accounts, computer systems, or networks connected to the App and Services);
   7. You will not run any form of auto-responder or “spam” on the App and Services;
   8. You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the App;
   9. You will not harvest or scrape any content or materials from the App and Services;
   10. You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
   11. You will not upload, post, transmit, share, store, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   12. You will not upload, post, transmit, share, store or otherwise make available any objectionable content on the App or Services, including but not limited to content directed at users. GlobalSwapp reserves exclusive discretion to determine what content is objectionable and take appropriate action to remove such content, including but not limited to editing, modifying, or deleting the objectionable content, or suspending or banning the account of the offending user.
   13. You will not upload, post, transmit, share, store, or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you, (ii) are taken by you, or (iii) are original content created by you;
   14. You will not otherwise take any action in violation of GlobalSwapp’s guidelines and policies.
   15. You will not threaten, intimidate, harass, or otherwise engage in abusive behavior targeting another user or any parties, including but not limited to any user, on or through the App or Services.
   16. You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, credit card number, social security number, or other government-issued identification information) for commercial or unlawful purposes;
   17. You will not falsely represent your identity or impersonate a third party, nor will you falsify or mislead third parties regarding your affiliation with any entity.
   18. You will not transmit or disseminate any “lobbying” or “electioneering” materials within the meaning of the United States Internal Revenue Code of 1986, as amended.
   19. You are solely responsible for all Submissions from your account.  “Submissions” means anything that a user transmits to the App or the Services in the course of using the App or the Services.  You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality, or validity of any statement or any other detail contained in the Submissions.
   20. You will not use the App or Services in any manner or transmit any Submission that: infringes (or results in the infringement of) GlobalSwapp’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized; or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity; or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to the location(s) of all other parties to the transaction, or; would cause GlobalSwapp to be in violation of any law or regulation, or to infringe any right of any third party.
   21. You will not transmit any Submission and will not use the App or Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive; material that is defamatory, harassing, or threatening; pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or material that may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation, or is otherwise inappropriate.

Warnings

1. You use the App and Services at your own risk
   1. GlobalSwapp has no obligation to review any content or material, posted to or through the App or the Services and cannot therefore be responsible for such material or content.
   2. By operating the App and the Services, GlobalSwapp does not represent or imply that it endorses any content or material there posted, or that it believes such content or material to be accurate, useful, or non-harmful.
   3. You are responsible for taking precautions as necessary to protect yourself and your computer systems and mobile devices from viruses, worms, Trojan horses, and other harmful or destructive content.
   4. The App or the Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
   5. The App or the Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
   6. GlobalSwapp disclaims any responsibility for any harm resulting from the use by visitors of the App or the Services or from viewing or downloading by those visitors of content posted on the App or the Services.
2. You are responsible for your own conduct
   1. You are solely responsible for your interactions with other users.
   2. You agree to treat other users in a courteous and lawful manner, to reasonably cooperate with other users to allow them to perform the transaction, and, if applicable, to provide a safe and appropriate environment for users that is in compliance with all applicable laws and regulations.
   3. GlobalSwapp shall not be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the App or Services, including without limitation, bodily injury, emotional distress, property damage, damage to premises, and/or any other damages resulting from communications or meetings with other users of the App or Services, or persons you meet through the App or Services.
3. GlobalSwapp is not responsible for what happens outside of the App and Services, including on websites the App or Services links to
   1. You understand the App and the Services may contain (or you may receive from GlobalSwapp, third parties or users) links to other websites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, video, information, software, applications, and any other content, including but not limited to from Supported Platforms (“Third Party Content”).
   2. You understand and agree that GlobalSwapp is not responsible for, and does not control, Third Party Sites and Third-Party Content. You also understand and agree that GlobalSwapp is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites and Third Party Content.
   3. You acknowledge and agree that GlobalSwapp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
   4. The App and Services may also, from time to time, access Third Party Content by accessing third-party Application Programing Interfaces (“APIs”) within the App and Services, including but not limited to from Supported Platforms. You understand and agree that the App and Services are not endorsed, certified, or otherwise approved in any way by the third-party providing such API and the provider of the API is not responsible for the App and Services. Notwithstanding any license provided under these Terms of Use (including the end user license granted under these Terms of Use), (a) any such third-party API is provided “as-is,” without any warranties and all implied warranties, including the implied warranties of merchantability, fitness for a  particular purpose and non-infringement, are expressly disclaimed; (b) you may not modify or create derivative works based on any part of any such third party API; (c) you may not decompile, reverse-engineer, disassemble, and/or otherwise reduce any such third-party API to source code or other human-perceivable form, to the full extent allowed by law; (d) ownership of any such third-party API and any services related to any such third-party API remain with the owner of the API; and (e) the provider of any third-party API used in connection with the App and Services disclaims any and all liability on the part of the third-party API provider for any interruption in its services as accessed via the App and Services.
4. Information and press releases should not be relied upon
   1. The App and the Services may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases.  Information about companies other than ours contained in the press releases or otherwise should not be relied upon as being provided or endorsed by us.

VIII.Legal Conditions

1. GlobalSwapp’s liability is limited
   1. GlobalSwapp is not responsible for any Third-Party Sites, Third Party Content, Supported Platforms, or any other content posted on the App or the Services, whether posted or caused by users of the App or the Services, GlobalSwapp, third parties or by any of the equipment or programming associated with or utilized in the App or the Services.
   2. GlobalSwapp is not responsible for the conduct, whether online or offline, of any user of the App or the Services.
   3. GlobalSwapp assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, or alteration of, user communications.
   4. You understand that it is your duty to confirm and verify any information provided on or through the App and Services, and that you bear the sole risk of relying on any such information, including but not limited to User Content, Third Party Content, or links.
   5. GlobalSwapp is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or App, including injury or damage to users or to any other person’s computer, and/or mobile device.
   6. Neither GlobalSwapp nor any of its affiliates, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the App or the Services, anyone’s use of services purchased via the App or Services, any content posted on the App or the Services or transmitted to users, or any interactions between users of the App or the Services, whether online or offline.
   7. WE TRY TO KEEP THE APP AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE APP AND THE SERVICES IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, APP AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS APP OTHER LIMITATIONS.  IN NO EVENT WILL GLOBAL SWAPP OR ITS OFFICERS, EMPLOYEES, AFFILIATES, MEMBERS, MANAGERS, AGENTS, OR SUBSIDIARIES HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, THE SERVICES, THE APP, OR TRANSACTION WITH ANOTHER USER.  WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE APP OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
   8. GLOBAL SWAPP DOES NOT CONTROL THE INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING USERS) OR SUPPORTED PLATFORMS ON THE APP OR SERVICES, AND THEREFORE SHALL NOT BE RESPONSIBLE FOR YOUR RELIANCE ON ANY INFORMATION OR STATEMENTS MADE ON OR THROUGH THE APP OR SERVICES.  THIS INCLUDES, BUT IS NOT LIMITED TO, STATEMENTS MADE BY (1) USERS RELATED TO ANY CONTENT OR INFORMATION ADVERTISED OR LISTED ON THE APP AND/OR SERVICES; (2) ALLEGED PROMISES RELATED TO THE ALLOCATION OF FUNDS, ITEMS TO BE PROVIDED, AND/OR ANY TIMELINES, AND (3) ANY THIRD-PARTY STATEMENTS, INCLUDING THOSE OF OTHER USERS.
   9. FURTHERMORE, YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION THAT YOU PROVIDE ON THE APP AND SERVICES, INCLUDING BUT NOT LIMITED TO PICTURES, DESCRIPTIONS, VIDEOS, WARRANTIES, GUARANTEES, SOUNDS, GRAPHICS, MUSIC, SOFTWARE, OR ANY OTHER INFORMATION YOU PROVIDE IN THE REQUEST, OFFER, PURCHASE, OR SALE ON THE APP OR SERVICES.
   10. THE QUALITY OF THE ITEMS REQUESTED OR ACCEPTED THROUGH THE APP AND/OR SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE USER WHO ULTIMATELY PROVIDES SUCH ITEMS TO YOU. YOU THEREFORE ACKNOWLEDGE AND AGREE THAT BY USING THE APP AND/OR SERVICES, YOU MAY BE EXPOSED TO USERS WHO ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE, OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APP OR SERVICES AND PARTICIPATE IN ANY TRANSACTION WITH A USER AT YOUR OWN RISK.  GLOBAL SWAPP SHALL NOT BE LIABLE FOR ANY TRANSACTIONS MADE BETWEEN YOU AND ANY THIRD PARTY, INCLUDING ANY REQUEST YOU MAKE OR ACCEPT THROUGH THE APP OR SERVICES, AND YOU AGREE THAT ANY SUCH TRANSACTION IS EXPRESSLY BETWEEN YOU AND THE THIRD PARTY; YOU THEREFORE RELEASE GLOBALSWAPP AND ITS OFFICERS, EMPLOYEES, AFFILIATES, MEMBERS, MANAGERS, AGENTS, AND SUBSIDIARIES, FROM ANY AND ALL CLAIMS, DEMANDS, AND DISPUTES.
   11. GLOBALSWAPP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES, IF ANY, PAID BY YOU TO US FOR THE SERVICES AND USE OF THE APP, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $100. YOU AGREE THAT DISPUTES BETWEEN YOU AND GLOBALSWAPP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE APP AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.  IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “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”.
   12. NOTWITHSTANDING THE FOREGOING, IF YOU ARE A NEW JERSEY RESIDENT, YOU ARE ENTITLED, PURSUANT TO NEW JERSEY’S TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT (“TCCWNA”), TO SEEK CIVIL PENALTIES, DAMAGES, ATTORNEYS FEES AND COSTS IF THIS CONTRACT CONTAINS ANY PROVISION THAT VIOLATES “CLEARLY ESTABLISHED LEGAL RIGHTS.” PURSUANT TO A RULING BY THE NEW JERSEY SUPREME COURT, IN ORDER TO BRING A CASE AND OBTAIN DAMAGES UNDER TCCWNA, THE USER MUST SUFFER ACTUAL INJURY AS A RESULT OF THE CONTRACT’S VIOLATION OF RIGHTS.
2. You agree to indemnify GlobalSwapp
   • You agree to indemnify, defend, and hold harmless GlobalSwapp, its contractors, licensors, subsidiaries, and affiliates and their respective partners, directors, officers, members, managers, employees, and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the App and Services, including but not limited to any requests, transactions, inquiries or communications between users, (2) any User Content, Third Party Content, Third Party Sites and any other content, (3) your violation of these Terms of Use or of any law or the rights of any third party, (4) your breach of these Terms of Use and/or any breach of your representations and warranties set forth herein, and (5) your failure to comply with any and all applicable laws, rules, and regulations in the transaction with another user via the App and/or Services.
3. Territorial Restrictions
   • The information and/or features provided within the App or Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject GlobalSwapp to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of our App or Services or any portion of the App or Services, to any person, geographic area, or jurisdiction at any time and in our sole discretion and to limit the quantities or features of any content, product, service, or other feature that we provide.
   • Services provided by GlobalSwapp may be subject to United States export controls. Thus, no software from the App and Services may be downloaded, exported or re-exported: (1) into (or to a national or resident of) any country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By downloading any software or applications related to the App and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
4. You agree that New York law applies to this Agreement
   • Subject to the arbitration clauses included below, if there is any dispute arising out of the App and the Services, by using the App, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
5. Your general representation and warranty
   • You represent and warrant that:
     1. You will use the App and Services in accordance with the Privacy Policy, with these Terms of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside); and
     2. You will use the App and the Services so as not to infringe or misappropriate the intellectual property rights of any third party.
6. Agreement to Arbitration
   1. This Agreement to Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and GlobalSwapp, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the App, the Services, any advertising, any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. You agree that, by entering into these Terms of Use, you and GlobalSwapp are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
   2. You and GlobalSwapp agree that any cause of action arising out of or related to the App or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
   3. You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms of Use shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules.
   4. You agree any arbitration shall take place in either New York County, New York in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms of Use shall be entitled to costs and attorneys’ fees.
   5. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE APP OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.  THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.  YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND GLOBAL SWAPP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
7. Other Terms
   1. If any part of these Terms of Use is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
   2. A waiver by either party of any term or condition of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
   3. GlobalSwapp may assign its rights under these Terms of Use without condition.
   4. These Terms of Use will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.  The headings of the paragraphs of these Terms of Use are inserted for convenience only and shall not be deemed to constitute part of these Terms of Use or to affect the construction thereof.