Terms & Conditions

Revised: July 1st 2008

CowboyBookSwap Privacy Policy Revised July 1, 2008 1. Introduction The following describes the terms and conditions on which CowboyBookSwap offers you access to our services. Use of this website constitutes your binding acceptance of these terms and conditions, as revised from time to time. If you do not wish to abide by these terms and conditions, please discontinue use of this website. For the purposes of this document, all registered members and other users are collectively referred to as "Users" and individually as "you." CowboyBookSwap, our subsidiaries, officers, directors, agents, employees and our suppliers are collectively referred to as "CowboyBookSwap" The CowboyBookSwap website and services are collectively referred to herein as "CowboyBookSwap." This document is referred to herein as the "Agreement." CowboyBookSwap may amend this Agreement at any time by posting the amended terms on CowboyBookSwap. All amended terms shall automatically be effective ten (10) days after they are initially posted on CowboyBookSwap. In addition, we will notify you by email in accordance with your preferences. This Agreement is effective upon acceptance during registration for new registering Users, and is otherwise effective on July 1, 2008 for all Users. 2. CowboyBookSwap Membership Eligibility As a registered member of CowboyBookSwap, you certify to CowboyBookSwap and all other Users that you are a private individual, able to form legally binding contracts under applicable laws. To use CowboyBookSwap, you must be 18 years of age or older, or if under 18 years of age, you may use CowboyBookSwap only in conjunction with, and under the supervision of your parents or legal guardian. You certify that during registration on CowboyBookSwap, you provided your real name, address, and other contact information. No business entity (including but not limited to a sole proprietorship, partnership, or corporation) may register as a User at CowboyBookSwap. 3. CowboyBookSwap is a Venue CowboyBookSwap is not involved in the actual transaction between Users. As a result, we have no control over the quality, safety or legality of the items posted on CowboyBookSwap, the truth or accuracy of the postings, or the ability of Users to complete a transaction. We cannot ensure that Users will actually complete a transaction. 4. Trade Conduct The Users acknowledge that the trade process is governed by the following provisions: (a) Users choose to use CowboyBookSwap at their own risk; (b) CowboyBookSwap is not responsible for any lost property resulting from bad trades or otherwise. All trades are performed at your own risk; (c) Only original books are to be traded on CowboyBookSwap. Copyright infringing material is not allowed to be traded on CowboyBookSwap. All trades must involve original publications. Anyone caught trading illegal material will be banned from CowboyBookSwap; (d) Pornography or explicit adult material in any form is not allowed on CowboyBookSwap; (e) The success of each trade depends upon the honesty of each party. Each User must truthfully appraise their items offered for trade, both in the accuracy of the item details, and the rating of its condition. Users who repeatedly misrepresent their items will be banned from CowboyBookSwap; (f) Timely responses to notification messages requesting a trade are required. Untimely responses will only lead to lost trades; (g) If you are reported for failing to complete a trade after agreeing to do so, you may be warned, or your account may be suspended, or you may be banned from CowboyBookSwap; (h) Users are solely responsible for all applicable expenses, postage costs, and other costs incurred in the course of trading items on CowboyBookSwap; (i) CowboyBookSwap is not the agent of any User. At no time is CowboyBookSwap providing advice in relation to traded items or acting as a consultant; (j) CowboyBookSwap does not screen, review or control any of the items being offered on CowboyBookSwap; (k) CowboyBookSwap does not screen, review or control any of the people who participate in the CowboyBookSwap website; (l) CowboyBookSwap will not referee or get involved in any disputes between Users; (m) If you no longer wish to trade an item you listed, or it is otherwise no longer available to be traded upon request, you must delete the item from your posted items list. 5. Posting Responsibilities. Users with items posted must maintain the items in the condition in which they were posted, or must edit the item details in their account to reflect changes in item quality and availability. 6. Completing the Sale/Trade. Users are to complete the trade or sale at the mutually agreed upon location and time. 7. Title to Goods The Users acknowledge that CowboyBookSwap is not the supplier of the User's goods and will at no stage ever possess or have title to, or bear risk in relation to, the User's goods. Users will become an item's lawful owner at the completion of a successful transaction, and the physical receipt of the item directly from the sender. 8. Removal of Posted Items Items posted on your account at CowboyBookSwap may be removed at your discretion provided that a trade is not pending or underway. If you no longer own a book you have posted, you must remove it from you Posted items immediately. 9. Applicable Taxes. You agree that CowboyBookSwap is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold CowboyBookSwap, our subsidiaries, officers, directors, agents, employees and our suppliers (collectively the "Covered Parties") harmless against all liabilities, costs, interest and expenses (including reasonable attorney's fees) incurred by CowboyBookSwap or the Covered Parties that arise out of any third party or governmental claim that involves, relates to or concerns (a) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree, or (b) any dispute concerning the tax status of CowboyBookSwap or the Covered Parties as a provider of goods or services. 10. Identity and Abuse Because verification of the accuracy of the information Users provide us, during registration and when posting items, is difficult online, CowboyBookSwap cannot and does not confirm each User's purported identity. For this reason, we require that all users provide CowboyBookSwap with accurate and up-to-date contact information. We may limit the number of items and postings you may place on CowboyBookSwap to avoid abuse of our service. At our sole discretion, if you abuse our service, your membership may be suspended, and you may be unable to post items or participate in trades. 11. Book or other Item Quality Assessment Accurately assessing and representing the quality of posted items is extremely important. CowboyBookSwap Users will be making trade decisions based in part on quality ratings of items. You are responsible for accurately rating the condition of each item you post at CowboyBookSwap. To ensure that all users have accurate information, you must rate the condition of posted items fairly and honestly. 12. Returns Policy CowboyBookSwap will not accept returns of any items traded on this website, as CowboyBookSwap is not the supplier of the goods. CowboyBookSwap is not required to resolve any return issues between Users, but may at our sole discretion attempt in good faith to resolve issues relating to customer dissatisfaction and inaccurate representation of items. 13. Ownership of Website Content All of the information, including without limitation the design of the CowboyBookSwap website, and all information, text, graphics, software, HTML, and all source, object and other codes and scripts, in any format, used to implement, or are featured, (the "Material") on CowboyBookSwap are the property of CowboyBookSwap or its affiliates or licensors. The Material is for personal use only. You may copy in electronic format or print in hard copy, the limited portions of information displayed on CowboyBookSwap for the sole and exclusive purpose of completing a transaction on CowboyBookSwap. No User shall copy, modify, upload, download, transmit, publish, or otherwise distribute any portion of the Material, or create derivative content using it without the express prior written consent of CowboyBookSwap 14. Information Control CowboyBookSwap does not control the information provided by Users that is made available through CowboyBookSwap. You may find other User's information to be offensive, harmful, inaccurate or deceptive. Please use caution when using CowboyBookSwap. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using CowboyBookSwap, you agree to accept such risks and CowboyBookSwap is not responsible for the acts or omissions of Users of CowboyBookSwap. 15. Restricted Activities User's information (or any items posted) and activities on CowboyBookSwap shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f)be obscene or contain any child pornography; (g) contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h)create liability for CowboyBookSwap or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. 16. Access and Interference Users agree not to use any robot, spider, scraper, or other automated means to access CowboyBookSwap for any purpose without our express written permission. Additionally, Users agree not to: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from CowboyBookSwap without the prior written permission of CowboyBookSwap and any appropriate third party, as applicable; or (c) interfere or attempt to interfere with the proper working of the CowboyBookSwap website or any activities conducted on CowboyBookSwap. 17. Limitation of Liability In no event shall CowboyBookSwap be liable for lost profits or any damages (including direct, indirect, special, consequential, incidental and exemplary), arising out of or in connection with CowboyBookSwap, services supplied by CowboyBookSwap, or this Agreement (however arising, including negligence). CowboyBookSwap will not be liable for any damages (including direct, indirect, special, consequential, incidental and exemplary) in the event that this website is unavailable to Users (by virtue of interruption, suspension or termination) for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades, or preventative or remedial maintenance activities. Users acknowledge that CowboyBookSwap has no control over the quality, safety or standard of goods offered for trade on CowboyBookSwap, or the truth or accuracy of the information provided by Users, and that any illustrations, images or photographs displayed on CowboyBookSwap are solely for the guidance of Users and are not to be relied upon. CowboyBookSwap accepts no liability whatsoever for the misuse of your login code and password. Users must protect their login codes and passwords. 18. Release Because CowboyBookSwap is a venue, in the event that you have a dispute with one or more Users, you release CowboyBookSwap from claims, demands and damages (including direct, indirect, special, consequential, incidental and exemplary) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 19. No Warranty CowboyBookSwap provides our website and services "AS IS" and without any warranty or condition, express, implied or statutory. CowboyBookSwap specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you. 20. No Agency You and CowboyBookSwap are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisee-franchiser relationship is intended or created by this Agreement. 21. Breach Without limiting other remedies, we may limit your activity, immediately remove your item postings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our Users, or us. 22. Indemnity You agree to indemnify and hold CowboyBookSwap harmless from any claim or demand, including reasonable attorney's fees, made by any third parties due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. 23. Legal Compliance You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the CowboyBookSwap service. 24. Fraud Without limiting other remedies, CowboyBookSwap may suspend or terminate your account or membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with CowboyBookSwap or CowboyBookSwap. 25. Notices Except as explicitly stated otherwise, any notices shall be given by electronic mail to info@CowboyBookSwap (in the case of CowboyBookSwap) or to the email address you provide to CowboyBookSwap during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. 26. General This Agreement shall be governed in all respects by the laws of the State of Wyoming as such laws are applied to agreements entered into and to be performed entirely within Wyoming between Wyoming residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of CowboyBookSwap may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit or construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. In the event that legal action is taken against CowboyBookSwap, all parties hereby agree to binding arbitration under the laws of the State of Wyoming. This Agreement sets forth the entire understanding and agreement between You and CowboyBookSwap with respect to the subject matter hereof. Sections 16. (Access and Interference), 17. (Limitation of Liability), and 18. (Release) shall survive any termination or expiration of this Agreement